YITTY Every Body’s Gay Sweepstakes
NO PURCHASE OR PAYMENT OR ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
Binding Agreement:The following are the official rules (the “Rules”) for the YITTY Every Body’s Gay Sweepstakes (the “Sweepstakes”). The Rules are a legally binding agreement by and between Sponsor (as defined below) and each Entrant. By participating, you fully and unconditionally agree to abide by these Rules. Failure to comply with these Rules will void your Entry. In the event there is a discrepancy or inconsistency between these Rules and any other disclosures, statements or promotional materials, these Rules shall prevail, govern and control.
Sponsor: The Sweepstakes is sponsored by YITTY LLC (the “Sponsor”), a Delaware limited liability company, located at 555 S. Aviation, El Segundo, CA 90245. The Sponsor’s decisions are final and binding as to all aspects of the Sweepstakes. Inquiries regarding the Sweepstakes should be directed to the Sponsor.
Eligibility: The Sweepstakes is only open to a person who has reached the age of 18 in the state, province or territory where he/she/they resides and who at the time of entry is a legal resident of the 50 United States (including the District of Columbia). Void in Puerto Rico and where prohibited by law. Employees of Sponsor and its parent company, subsidiaries, affiliates, advertising and promotion agencies, suppliers, and any other individual or company involved in the development or execution of the Sweepstakes and their immediate family members and/or those living in the same household of each are not eligible to enter or win. For purposes of the Sweepstakes, “immediate family” is defined as spouses, parents, children, siblings and their respective spouses, regardless of whether they reside in the same household. Sweepstakes is subject to all applicable federal, territorial and local laws and regulations.
Entry Period:The entry submission period of the Sweepstakes begins at 9:00 am Pacific Standard Time (“PST”) on May 23, 2023, and ends at 11:59 pm PST on May 28, 2023 (the “Entry Period”). Sponsor is the official time-keeper and shall determine timeliness of Entries at its sole discretion. Entries received after the Entry Period will not be eligible. Any proof of submission does not constitute proof of receipt.
How to Enter:To enter the Sweepstakes, during the Entry Period, participants must: (1) follow @yitty on Instagram; (2) ‘like’ the Sweepstakes post, posted to the @yitty Instagram account on May 23, 2023; (3) tag one (1) friend in the comments of the Sweepstakes post (collectively, an “Entry”). For an additional Entry, participants may: (1) comment with the tongue sticking out smiley face emoji on the @yitty Instagram post, posted prior to the Sweepstakes announcement; and (2) include #giveaway in your comment. Entrants must have a valid and public Instagram account to be eligible to enter. No purchase necessary. A purchase or payment of any kind will not increase your chances of winning. No more than one (1) person can enter using the same Instagram account or email address. An Entrant may submit an unlimited number of Entries during the Entry Period. Use of any automated system to participate is prohibited and will result in disqualification. One (1) winner (“Winner”) will be randomly selected from the pool of Entries received during the Entry Period. This Sweepstakes is not sponsored by Instagram.
To be eligible, your Entry must be received before the end of the Entry Period. By submitting an Entry and participating in the Sweepstakes, you agree and hereby grant Sponsor, its parent, subsidiaries, affiliates, delegates, agents, employees, successors and/or related entities (collectively herein “Sponsor”) an absolute unrestricted, non-exclusive, royalty-free, irrevocable, worldwide, perpetual, and transferable license and permission to use, store, copy, modify, publish, distribute, copyright, broadcast, display, combine with other materials, edit, alter and/or reproduce your Entry, including but not limited to your name, handle, likeness, voice, image, video, story and photos (“User Content”), for any purpose, including but not limited to promotional, marketing, media, editorial, commercial, advertising, promotion and sale of YITTY and Fabletics products and/or publicity purposes, in any form of media anywhere in the world, including but not limited to its webpages, social media platforms, third party websites or materials, digital and physical owned channels and any and all mediums, without geographic or time limitation or further payment, compensation, notice or approval to you, except where prohibited by law. You also agree to participate in any marketing, media, editorial, commercial, advertising, promotional and/or publicity activity related to the Sweepstakes. You agree to provide affidavits to Sponsor upon request for the purpose of complying with legal and/or broadcaster requirements concerning eligibility or the use of designs and/or testimonials in advertising. Entries generated by script, macro or other automated means and Entries by any means which subvert the entry process will be void and may disqualify any Entrant who uses such means to enter from participating.
Entry Errors: Sponsor is not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries, which will be disqualified. Sponsor is not responsible if online service or equipment is interrupted including without limitation (1) interruptions to any network, server, Internet, Web site, telephone, satellite, computer or other connections, (2) failures of any telephone, satellite, hardware, software or other equipment, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, (4) other errors of any kind, whether human, technical, mechanical or electronic, (5) the incorrect or inaccurate capture of information or the failure to capture any such information, or (6) printing or typographical errors.
Selection and Notification: A Winner is considered a potential Winner (“Potential Winner”) pending verification of eligibility and compliance with these Rules. One (1) Potential Winner will be selected at random from all eligible Entries received during the Entry Period. Odds of winning depend on the number of eligible Entries received during the applicable Entry Period. The Potential Winner will be contacted via direct message from @yitty on Instagram within five (5) business days after the Entry Period using the contact information given at the time of Entry. The Potential Winner will have twenty-four (24) hours to respond and claim their Prize once Sponsor contacts the Potential Winner. Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of an Entrant. Prize notices returned as undeliverable or if a Potential Winner cannot be contacted or does not respond within the twenty-four (24) hour time period, will result in the disqualification of the Potential Winner and an alternate Winner will be selected. If a Potential Winner fails to comply with these Rules or applicable law, the Potential Winner’s prize is forfeited and an alternative Winner will be selected. If there are no Winners by the 30th day after the end of the Sweepstakes, no further Winners will be chosen. Once a Potential Winner’s eligibility is verified, he/she/they will be confirmed as a Winner. In the event of a dispute over the identity of a Winner, Entries will be deemed made by the authorized account holder of the email address submitted at the time of Entry. Winner is under no obligation to join the YITTY VIP Membership to redeem the Prize and may elect to checkout as a non-member.
Prizes and Their Approximate Retail Values (“ARV”):The following “Prizes” are being awarded in this Sweepstakes: one (1) Winner who fully complies with these Rules will receive the YITTY “Every Body’s Gay” Collection.
Winner is under no obligation to join YITTY VIP Membership to redeem the Prize and may elect to checkout as a non-member. Odds of winning the Prize will depend on the number of eligible Entries received during the Entry Period. Approximate retail value of the Prize is up to three hundred dollars ($300.00 USD). Prize pictured in advertising, marketing or promotional materials are for illustrative purposes only. Limit of one (1) Prize per Winner. No transfer, assignment, exchange, refund or substitution of the Prize (or portion of any prize) permitted unless Sponsor, in its sole discretion, determines otherwise. The Prize is not transferable or redeemable in cash and must be accepted as awarded. Any difference between the approximate value and the actual value of the Prize will not be awarded and any difference will not be refunded. The Prize will not be replaced or replenished if lost, stolen, damaged, destroyed or used without a Winner’s permission. All details and other restrictions of the Prize not specified in these Rules will be determined by Sponsor at its sole discretion. Sponsor reserves the right to substitute an alternative Prize, in whole or in part, of equal or greater monetary value if a Prize becomes unavailable or cannot be awarded as described for any reason. All costs, including federal, state and local taxes, insurance, any costs/expenses related to participation in the Sweepstakes or acceptance or use of the Prize, and other expenses not specifically identified as included in the Prizes, are the sole responsibility of the Winner. SPONSOR MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND REGARDING THE PRIZES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE S “AS IS” AND AT HIS/HER/THEIR OWN RISK.
Winner Requirements: The Potential Winner must comply with all terms and conditions of these Rules and winning is contingent upon fulfilling all requirements. The Potential Winner may be required to show proof of identification, complete a 1099 form, and provide a social security number in conjunction with Prize award acceptance within seven (7) business days following the date of attempted notification. If a Potential Winner cannot be contacted, is ineligible, fails to claim the Prize, and/or fails to return the required documents within the applicable time period, Sponsor may elect to disqualify the Potential Winner, who will then forfeit his, her or their right to receive the Prize. In the event a Potential Winner is disqualified for any reason, Sponsor will award the Prize to an alternate Winner selected at random from among all remaining eligible Entries. Arrangements for delivery of the Prize will be made after Winner validation. Winner and Potential Winners will defend, indemnify, and hold harmless Released Parties (as defined below) and Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. Winner is under no obligation to join the YITTY VIP Membership to redeem the Prize and may elect to checkout as a non-member.
General: This Sweepstakes is governed by the laws of the State of California, United States. All federal, state and local laws and regulations apply. By entering and participating in the Sweepstakes, you agree to be bound by these Rules and by Sponsor’s decision, which are final and binding on all matters relating to the Sweepstakes. Entrants are required to provide accurate, valid and truthful information at all times. Sponsor will reject and delete any Entry that it discovers to be false, fraudulent, illegal or deceptive and will disqualify any Entrant who tampers with the Entry process, the operation of the Sweepstakes, is otherwise in violation of the Rules or acts in a disruptive or unsportsmanlike manner. Sponsor is not responsible for electronic transmission errors which result in the omission, interruption, deletion, defect, destruction, alteration, and/or delay of any Entry. Sponsor is not responsible for any technical, network, electronic, computer, hardware and/or software malfunction, problem, incompatibility, congestion or failure of any kind. Sponsor reserves the right to cancel, terminate, suspend and/or modify the Sweepstakes at any time, in its sole discretion, if the Sweepstakes is not capable of completion as planned, including without limitation, the lack of Entry submissions, incomplete Entries, computer viruses, bugs, tampering, unauthorized intervention or technical failures of any sort, without notice. Without limiting the foregoing, Sponsor may lock out any Entrant who, in Sponsor’s sole judgment, has been disqualified, has questionable eligibility or is otherwise ineligible to enter. Upon cancellation or termination of the Sweepstakes for any reason, Sponsor shall have no obligation to award prizes or compensation of any kind. If, for any reason, the Sweepstakes is not capable of running as planned (including, without limitation, due to a Force Majeure event (as defined below) or any unanticipated occurrence that is not fully addressed in these Rules), Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes or any element thereof. If, for any reason, more Prize notifications are sent (or more claims are received) than the number of Prizes offered, as set forth in these Rules, Sponsor reserves the right to award the intended number of Prizes through selection from among all eligible Prize claims received. Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision.
By submitting an Entry and participating in the Sweepstakes, you represent and warrant that (i) your Entry is original and that you are the sole and exclusive owner and rights holder of the submitted Entry, or you have obtained the necessary permission to include the Entry in the Sweepstakes, and that you have the right and authority to submit the Entry in the Sweepstakes; (ii) your Entry does not violate any third party intellectual property or proprietary rights; and (iii) you are otherwise not in violation of any applicable laws, rules and/or regulations.
Severability: If any section, provision, term or clause shall be held or found to be unenforceable or invalid by a court decision, statute, rule or otherwise, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from these Rules to the extent necessary to make such provision enforceable and consistent with the remainder of these Rules.
Releases and Limitations of Liability: By entering the Sweepstakes, each Entrant agrees to forever and irrevocably indemnify, release and hold harmless Sponsor, its parent, affiliates and subsidiaries, and their respective officers, directors, stockholders, employees, agents, representatives, licensees, successors and assigns, and all its advertising and Sweepstakes agencies, as well as Instagram, Inc. and its prize partners (collectively, the “Released Parties”) from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including attorneys’ fees and/or experts fees and costs, which he/she/they now has or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of his/her/their participation in the Sweepstakes and the acceptance and use or misuse of the Prize. The Released Parties are not responsible for any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from an Entrant’s participation in the Sweepstakes or receipt or use or misuse of the Prize. Released Parties will not be liable to the Winner or any other person for failure to supply any Prize or any part thereof, by reason of fire, flood, epidemic, earthquake, unusually severe weather, hurricane, embargo, explosion, labor dispute or strike, labor or material shortage, transportation interruption of any kind, work slow-down, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, any federal, state, or local government law, order, request, or regulation, or order of any court or jurisdiction (each a “Force Majeure” event or occurrence), or any other cause beyond Released Parties’ control. Further, Entrants agree to waive the provisions of Civil Code Section 1542 which states: “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.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE RULES APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Disputes; Choice of Law: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE RULES, OR THE RIGHTS AND OBLIGATIONS OF THE ENTRANTS, THE WINNER, AND SPONSOR IN CONNECTION WITH THE SWEEPSTAKES, SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES (WHETHER OF THE STATE OF CALIFORNIA OR ANY OTHER JURISDICTION), WHICH WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF CALIFORNIA. EXCEPT WHERE PROHIBITED, UNDER NO CIRCUMSTANCES WILL ANY ENTRANT OR WINNER BE PERMITTED TO OBTAIN AWARDS FOR, AND HEREBY WAIVES ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. EXCEPT WHERE PROHIBITED, EACH PERSON WHO PARTICIPATES IN THE SWEEPSTAKES AND EACH WINNER IRREVOCABLY AGREES THAT SUCH DISPUTE(S) WILL BE RESOLVED SOLELY BY BINDING ARBITRATION BEFORE A SOLE ARBITRATOR, WITH EXPERIENCE IN ADVERTISING OR PROMOTION, UNDER THE RULES AND REGULATIONS OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”); PROVIDED, HOWEVER, THAT NOTWITHSTANDING THE PARTIES’ DECISION TO RESOLVE ANY AND ALL DISPUTES ARISING UNDER THIS SWEEPSTAKES THROUGH ARBITRATION, SPONSOR MAY (1) SEEK TO OBTAIN INJUNCTIVE RELIEF OR OTHER EQUITABLE RELIEF FROM A COURT TO ENFORCE THE PROVISIONS OF THESE RULES; (2) BRING AN ACTION IN COURT TO PROTECT AND INTERPRET SPONSOR’S INTELLECTUAL PROPERTY RIGHTS; AND/OR (3) BRING AN ACTION TO ENFORCE THE DECISION OF THE ARBITRATOR BEFORE ANY COURT WITH APPLICABLE JURISDICTION. THE ARBITRATION WILL BE HELD IN LOS ANGELES, CALIFORNIA. THE ARBITRATOR WILL APPLY THE SUBSTANTIVE LAWS OF THE STATE OF CALIFORNIA, WILL ISSUE A WRITTEN DECISION AND WILL HAVE THE POWER TO AWARD ANY LEGAL REMEDIES EXCEPT AS LIMITED BY THESE RULES. The parties will split the arbitrator’s fee; provided, however, if applicable law requires Sponsor to pay the arbitrator’s fee in order for the arbitration provision to be enforceable, Sponsor shall have the discretion to pay such fees and proceed to arbitration. Entrant or Winner irrevocably waives any right to bring or join in any class action regarding the Sweepstakes. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that any party fails to appear to any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear.
Instagram Disclosure: You are providing your information to Sponsor and not to Instagram. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram. By participating, you hereby release and hold harmless Instagram from any and all liability associated with this Sweepstakes.
Winner List: In order to obtain the name of the Winners, send a self-addressed envelope after the end of the Entry Period to: YITTY LLC, 800 Apollo Street, El Segundo, CA 90245, ATTN: Legal Department, Subject: YITTY Every Body’s Gay Sweepstakes Winner.