NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: LIVE IN LAYERS Social Media Contest (the “Contest”) is open only to legal residents of the fifty (50) United States and the District of Columbia (the “Eligibility Area”) who are at least eighteen (18) years old at the time of entry. Employees of Komar, Inc., and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. By entering the Contest you agree to abide by all terms and conditions referenced in these Official Rules. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.
2. Sponsor and Administrator: Komar Layering, LLC., 90 Hudson Street, Jersey City, NJ 07302.
3. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Timing: The Contest begins on October 13, 2020 at 7:00 a.m. Eastern Standard Time ("EST") and ends on October 15, 2020 at 7:00 a.m. EST (the "Contest Period"). Facebook/Instagram, LLC’s servers are the official time-keeping devices for the Contest.
5. How to Enter: To participate you will need to use your Facebook OR Instagram account (a “Social Account”) to participate. Creating a Social Account on Facebook OR Instagram is free but is subject to the applicable terms and conditions (https://www.facebook.com/terms.php, http://instagram.com/about/legal/terms/#). Posting on Facebook OR Instagram requires a mobile device and therefore message and data rates may apply. If entering via a mobile phone using your wireless carrier’s network, standard data charges from your wireless carrier may apply. Your account settings on the Social Account you use to enter must be set to "unprotected" and/or "public" in order for your posts to be viewable by Sponsor.
(1) create a new account or use an existing account on Facebook or Instagram
(2) follow the @CuddlDuds Facebook handle at https://www.facebook.com/CuddlDuds, follow the @CuddlDuds Instagram account at https://www.instagram.com/cuddlduds/; and comment on the post with
(3) double-tap the photo on your Instagram account, tag two (2) friends in the comments, or like Facebook post and tag two (2) friends in the comments.
(4) write in comments section of the Instagram post your one (1) top pick (ABC) and one (1) bottom pick (123).
Once you have followed Cuddl Duds and completed the required actions on any of your Facebook or Instagram accounts, you will automatically receive one (1) entry into the Contest. Limit one entry per person, per valid social account on Facebook and one entry per person, per valid social account on Instagram for a maximum total of two (2) eligible entries per person. More than one entry from any person or social account will void all entries from that person or social account. No automated entry devices and/or programs permitted.
By posting your Submission, you agree that it conforms to the guidelines, permissions, and content restrictions below and that Sponsor, in its sole discretion, may remove your Submission from a public gallery and disqualify you if it believes that it fails to conform.
Permissions: Entrant must have permission from any recognizable individuals who appear in the Submission to use their names and likenesses in the Submission and to grant the rights set forth herein. Minors may only be included in the Submission if entrant is their parent or legal guardian. If requested, entrant must be able to provide such permissions or proof in a form acceptable to Sponsor.
6. Guidelines and Restrictions:
• The Submission must be in a format compatible for Facebook OR Instagram (as applicable);
• Social Account must follow @CuddlDuds on Facebook OR Instagram
• The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
• The Submission must not feature brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use in his/her Submission in this Contest;
• The Submission must not disparage Sponsor or any other person or party;
• The Submission must not contain material that is inappropriate, offensive, indecent, obscene, tortious, defamatory, or libelous;
• The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; and
• The Submission must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any state where Submission is created.
• The Submission must be submitted by a Social Account that follows @CuddlDuds on Facebook OR Instagram until winner is chosen on or around October 20, 2020.
Each potential winner may be required to show proof of being an authorized account holder. Released Parties (as defined in Section 11, below) are not responsible for lost, late, not received, damaged, incomplete, invalid, un-intelligible, garbled, delayed, or misdirected Submissions or failure to receive Submissions due to limitation of third-party social network platforms; all of which will be void.
7. Winner Determination: After the Contest Period ends, two (2) entrants will be randomly selected from among all eligible Submissions (the potential winners) received during the Entry Period.
8. Winner Requirements: Potential winners will be notified via Instagram account, or Facebook account used to enter the Giveaway, as applicable on or around October 20, 2020. Each potential Grand Prize winner will be required to provide his/her name, email address, mailing address and birth date to confirm his/her eligibility and for purposes of prize fulfillment within two (2) days of the date notice or attempted notice is sent, in order to claim his/her prize. If a potential winner cannot be contacted, fails to provide the requested information within the required time period, does not comply with these Official Rules, or if prize is returned as undeliverable, potential winner forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor’s sole discretion. Only two (2) alternate winners may be determined, after which the applicable prize will remain un-awarded.
9. Prizes: TWO (2) PRIZES: One (1) Cuddl Duds top featured and One (1) Cuddl Duds bottom featured. All details to be determined by Sponsor. Approximate Retail Value of each prize: $64.00
Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize (or a component thereof) for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Limit: One (1) prize per person. Prizes will be fulfilled 4 - 8 weeks after the end of the Contest.
10. Release: By receipt of any prize, each winner agrees to release and hold harmless the Sponsor, Instagram, LLC and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize, including any related travel.
11. Publicity Acceptance of any prize shall constitute and signify each winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, photo, Submission, and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
12. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
13. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third-party use of any Submission.
14. Disputes: Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the State or Federal courts situated in the State of New Jersey. (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New Jersey without giving effect to any choice of law or conflict of law rules (whether of the State of New Jersey or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Jersey.
16. Winner List: For a winner list (available after November 1, 2020), send an email with the subject line of “Winners Lists – Live In Layers Giveaway” to email@example.com. Requests for the winners list must be heard by December 1, 2020.
17. Name Removal Notification System: If you would like your name removed from Sponsor’s mailing list, please email firstname.lastname@example.org and your name will be removed within 60 days of the request.
© 2020 Cuddl Duds®. A Komar Brand. All Rights Reserved.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram LLC or Facebook.