October Instagram Giveaway Promotion
Effective from October 3rd, 2022 to October 21st, 2022
THE FOLLOWING ARE PROMOTION OFFICIAL RULES. PLEASE READ CAREFULLY.
1. HOW TO ENTER: Havaianas (“Sponsor” or “Promoter”) is hosting a product giveaway (“Promotion”) on the Havaianas official Instagram website www.instagram.com/havaianas.us (“Giveaway Website”). These rules constitute the official rules for the Promotion (collectively, the “Official Rules”). The Promotion has an anticipated start date of October 3rd at 00:01 a.m. PST and end time of October 21st, 2022 at 11:59 p.m. PST (which may be extended). An Entry to any of the three entry windows below for the Promotion will consist of:
- 1. Following the influencer’s Instagram account before the close of that influencers’ entry window below;
- 2. Following Havaianas US’s Instagram account before the close of the respective influencers’ entry window below; and
- 3. Leaving a comment in the influencer’s post related to this Promotion and tagging a friend before the close of that influencer’s entry window.
2. SELECTION AND ANNOUNCEMENT OF WINNERS: After each of the above three entry windows close, each influencer will be tasked with selecting ten (10) winners each out of all entries which meet the criteria in Section 1 above. It is within the influencers' discretion how to randomly select the winners. As such, the Promoter makes no guarantee that the selection is truly random, as certain subjectivities may influence the final selection of winners. On the dates listed above, each influencer will announce ten (10) winners each, for a total of thirty (30) winners across the entire promotion. Winners will also be contacted directly by the Promoter via Direct Message on Instagram with instructions on how to redeem the Prize.
3. PRIZES: Each winner will receive six (6) pairs of Havaians flip flops from specific styles while supplies last. Winners are not responsible for any additional costs or taxes associated with delivery of the Prizes. The Prizes may not be returned or exchanged in stores, by mail, online, or by any other means, and may not be resold. The Prizes are non-transferable and not redeemable for cash or cash equivalent, and have no cash value. Other exclusions may apply. Details of the offer are subject to change. Havaianas makes no guarantee that any particular style or size will be made available.
4. LIMITATION OF LIABILITY: EACH ENTRANT AGREES TO RELEASE, HOLD HARMLESS AND INDEMNIFY SPONSOR, INSTAGRAM, AND PARENT, AND THEIR RESPECTIVE DIVISIONS, SUBSIDIARIES, AFFILIATES, ADVERTISING, PROMOTION AND PUBLIC RELATIONS AGENCIES, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THOSE PARTIES (COLLECTIVELY, “PROMOTION ENTITIES”) FROM ANY AND ALL LIABILITY WHATSOEVER, INCLUDING FOR INJURIES OR DAMAGES OF ANY KIND CAUSED BY ENTRANT’S PARTICIPATION IN THE PROMOTION, INCLUDING, WITHOUT LIMITATION, THE UNAUTHORIZED OR ILLEGAL ACCESS TO PERSONALLY IDENTIFIABLE OR SENSITIVE INFORMATION OR DEATH TO PERSONS OR DAMAGES TO PROPERTY RESULTING, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PROMOTION AND TRAVELING TO OR FROM ANY PROMOTION-RELATED ACTIVITY. PROMOTIONAL ITEMS ARE AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PROMOTIONAL ITEMS, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
FURTHER, EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
- “CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
6. GENERAL RULES: Sponsor’s decisions will be final in all matters relating this Promotion, including interpretation of these Official Rules and awarding of the promotional items. All participants, as a condition of Entry, agree to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from this Promotion. Those who do not follow all of the instructions or provide the required information in their Entry form, or abide by other instructions of Sponsor may be disqualified. Participants further agree to not damage or cause interruption of the Promotion and/or prevent others from participating in the Promotion. Sponsor reserves the right, in Sponsor’s sole discretion, to void Entries of any Entrants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness or proper play of this Promotion. Sponsor’s failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. If any Promotion is not capable of running as planned for any reason, Sponsor reserves the right, in Sponsor’s sole discretion, to cancel, modify or suspend the Promotion. Any person who supplies false information, obtains Entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any promotion will forfeit any coupon provided and may be prosecuted to the full extent of the law. In the event of a dispute concerning who submitted an Entry, the Entry will be declared to have been made by the registered account holder of the username submitted at time of Entry, but only if that person meets all other eligibility criteria. A registered account holder is defined as the natural person who is assigned to a username by Instagram. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE PROMOTION VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
7. DISPUTES/GOVERNING LAW: Except where prohibited, as a condition of participating in this Promotion, each entrant agrees that any and all disputes that cannot be resolved between the entrant and any Promotion Entity, claims and causes of action arising out of or connected with this Promotion, or the determination of the winner must be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-pocket expenses (if any), not to exceed ten dollars ($10.00), and entrant further waives all rights to have damages multiplied or increased.
This Promotion and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of California without reference to its conflicts of law principles. Venue will be exclusively in the state or federal courts located in Los Angeles, California, and each entrant accepts and submits to the personal jurisdiction of these courts.
8. SPONSOR: Havaianas, located at 513 Boccaccio Ave, Venice - CA, 90291 – USA. Reference to third parties in connection with promotions and/or third party websites including Instagram or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Promotion.
9. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.
10. ELIGIBILITY: The Promotion is only open to legal residents of the fifty (50) United States or the District of Columbia, who are eighteen (18) years of age or older, at the time of Entry. Employees of the Sponsor, its parent, and each of their respective divisions, affiliates, subsidiaries, advertising agencies and promotional partners associated with this Promotion, and relatives of and those living in the same household as such employees (whether legally related or not) are not eligible to enter. For the purpose of this Promotion, relatives are defined to include spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren. One Qualifying Entry per individual. Void where prohibited by law.