#GotItOnGilt Sweepstakes (the “Sweepstakes”)
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
Please read these rules (the “Official Rules”) before entering the Sweepstakes. By entering and participating in the Sweepstakes, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements set forth below.
1. Eligibility. Participation in the Sweepstakes is open only to legal residents of the 50 United States and the District of Columbia who are aged 18 or older; or the age of majority in legal resident’s home state (whichever is older) at time of entry. Sweepstakes is void elsewhere and where prohibited, taxed or restricted by law. Employees, officers and directors of Retail Convergence.com, LP (“Sponsor”) and its affiliates, subsidiaries, divisions, partners, advertising and promotion agencies (collectively, all of the foregoing, the “Released Parties”), and their immediate family members (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter. You are not authorized to participate in the Sweepstakes if you are not located within the 50 United States or the District of Columbia. All federal, state and local laws and regulations apply.
2. Sweepstakes Entry Period. The Sweepstakes Entry Period shall run from 12:01AM ET on August 1, 2019 and end at 11:59PM ET on December 31, 2019 (“Entry Period”).
The Entry Period is as stated above unless extended or shortened by Sponsor, in its sole and absolute discretion.
3. How to Enter. During the Sweepstakes Entry Period, entrant must use the hashtag #GotItonGilt in the caption of a post on entrant’s public Instagram account. Using the hashtag #GotItonGilt in entrant’s post constitutes entrant’s unconditional acceptance to these Official Rules. Once entrant uses the hashtag #GotItonGilt in the caption of entrant’s post, entrant will be entered into the Sweepstakes. For the avoidance of doubt, in order to enter the Sweepstakes, the entrant must have his/her Instagram account set to public.
By using the hashtag #GotItonGilt on entrant’s post, entrant acknowledges and agrees that Sponsor has the right to stream his/her comment through the Instagram API or otherwise use such comment as set forth in its online Terms and Conditions.
All entrants must have a valid Instagram account set to public or valid email address. No automated entry devices and/or programs permitted. All entries become the sole and exclusive property of Sponsor, and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed entries are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.
Alternate Method of Entry: To enter the Sweepstakes without an Instagram account, you may enter via email. Email your name, street address, city, state, ZIP code, and daytime phone number to: email@example.com.. All applicable restrictions and eligibility requirements apply to email entries. All email entries must be received by 11:59PM ET on the last day of the Entry Period to be considered valid. Proof of sending will not be deemed to be proof of receipt by Sponsor.
Limit: One entry per person per day during the Entry Period (“Sweepstakes Entry Limit”). Any entries that exceed the Sweepstakes Entry Limit will be disqualified. No limit on number of entries made during the Entry Period. Decisions of the Sponsor are final relating to all aspects of the online entry
process and results. Sponsor may void any entry if entrant or related parties violates any of the terms and
conditions attached to the Sweepstakes or these Official Rules.
4. Random Drawing/Odds. Four (4) winners (the “Winners”) will be selected from all eligible entries
received during Entry Period. Winners shall be chosen at random at a frequency of one (1) Winner per
month. Odds of winning depend on the total number of eligible entries received during the Monthly Entry
Period.. The random drawing will be conducted by Sponsor. By entering the Sweepstakes, each entrant
fully and unconditionally agrees to be bound by these Official Rules and the decisions of the Sponsor,
which will be final and binding in all matters relating to the Sweepstakes.
5. Prize. Four (4) Winners will receive one twenty-five dollar ($25) Gilt account credit deposited into their
Gilt member account (the “Prize”) and will have the Instagram post using the hashtag #GotItonGilt
associated with their winning Entry reposted by the official Gilt Instagram account. Sponsor will award the
Prize only after the Winner completes the verification process. Prizes will be disseminated on a monthly
basis; one (1) Winner per month within the Entry Period. The Prize is not transferable, cannot be sold, is
not exchangeable, is not redeemable for cash, and is void where prohibited by law. The approximate retail
value (“ARV”) of the each Prize is $25.00; with a total ARV of $100.00.
Prizes are promotional in nature and are subject to additional restrictions that will be provided to the Winner
at the time of the Prize notification. No substitutions or cash redemptions. The Prize will be awarded
provided a sufficient number of eligible entries are received. All federal, state and local taxes and
unspecified expenses are the sole responsibility of the Winner.
Winner acknowledges that the Sponsor, Released Parties and all other businesses affiliated with this
Sweepstakes and their agents do not make, nor are in any manner responsible for any warranty,
representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or
merchantability of any aspect of the Prize.
AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE SWEEPSTAKES SHOULD
SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY, AND SWEEPSTAKES
WINNERS HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT
VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREENSHOTS OR OTHER
EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS.
6. Prize Notification. Winner will be notified by direct message through Instagram or via email (depending
on method of entry) on or before the end of each month within the Entry Period and may be required to
sign and return, where legal, an Affidavit of Eligibility and Release and W9 within five (5) days of Prize
notification. If the Winner cannot be contacted within five (5) days of first notification attempt, if Prize or
Prize notification is returned as undeliverable, if the Winner rejects the Prize, or in the event of
noncompliance with these Official Rules, the Prize will be forfeited and an alternate Winner will be selected
from among all remaining eligible entries, time permitting. Upon Prize forfeiture, no compensation will be
given. Limit one (1) prize per person, per household.
7. License/Usage. By entering the Sweepstakes, each entrant fully and unconditionally agrees to be bound
by these Official Rules, which will be final and binding in all matters relating to the Sweepstakes. By
entering, each entrant agrees to the use of his/her name, address (city and state), photograph, picture
(including the entrant’s Instagram post tagged with #GotItonGilt), portrait, voice, likenesses, biographical
information, and/or statements for purposes of advertising, trade, or promotion in any media (now known
or hereafter known) throughout the world in perpetuity, without further compensation, notification or
permission, unless prohibited by law. Entries may be cut, edited, reformatted, rearranged, combined with
other material and/or otherwise modified, in Sponsor’s sole and absolute discretion. Nothing contained
herein shall be deemed to obligate Sponsor to make use of any of the rights granted herein, and each entrant
and Winner waives any right to inspect or approve any such use of any and every nature and kind.
8. Release. By participating, each entrant and Winner agrees to release, indemnify and hold harmless
Sponsor and the Released Parties from any and all liability, for loss, harm, damage, injury, cost or expense
whatsoever including without limitation, property damage, personal injury and/or death which may occur
in connection with, preparation for, or participation in Sweepstakes, or possession, acceptance and/or use
or misuse of Prize or participation in any Sweepstakes-related activity and claims based on publicity rights,
defamation, invasion of privacy, copyright or trademark infringement, or other intellectual property related
cause of action, breach of contract and/or merchandise delivery. Neither Sponsor nor any Released Parties
are responsible for (i) any typographical or other error in the printing of the offer, in the administration of
the Sweepstakes or in the announcement of the Prize or (ii) any damages, taxes, or expenses that any Winner
might incur as a result of this Sweepstakes or receipt of Prize. Winner assumes all liability for any injury
or damage caused or claimed to be caused by participation in this Sweepstakes or use/misuse or redemption
of the Prize.
9. Additional Terms. In case of dispute as to identity of entrant, entry will be declared made by the
authorized account holder of the Instagram Account or email address submitted at time of entry.
“Authorized Account Holder” is defined as the natural person who is assigned an email address by an
Internet access provider, online service provider, or other organization (e.g., business, educational,
institution, etc.) responsible for assigning email addresses or the domain associated with the submitted
email address. Any attempted form of entry other than as set forth above is prohibited; no automatic,
programmed, robotic or similar means of entry are permitted. Neither Sponsor nor Released Parties are
responsible for errors in content or misprinting, technical, hardware, software, telephone or other
communications malfunctions, errors or failures of any kind, lost or unavailable network connections,
website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or
inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or
delayed computer transmissions which may limit one’s ability to enter the Sweepstakes, including any
injury or damage to entrant’s or any other person’s computer relating to or resulting from participating in
this Sweepstakes or downloading any materials in this Sweepstakes. Sponsor reserves the right, in its sole
discretion, to cancel, terminate, modify, extend or suspend this Sweepstakes for any reason, including but
not limited to, virus, bugs, non-authorized human intervention, fraud or other causes beyond its control
which could corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes.
In case of termination, Sponsor will select the Winner from all eligible entries received prior to and/or after
(if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify
any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the
Sweepstakes or website. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning
a Prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate
operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including
the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other
entrants or Sponsor representatives or otherwise not complying with these Official Rules. There is no
purchase required to participate. A purchase does not increase odds of winning. Sponsor is not responsible
if Sweepstakes cannot take place or if any Prize cannot be awarded or used due to any reason outside
Sponsor’s reasonable control. No more than the stated number of Prizes will be awarded.
SPONSOR IS NOT RESPONSIBLE FOR INCOMPATIBILITY OF ENTRANT’S HARDWARE,
SOFTWARE OR BROWSER TECHNOLOGY WITH SPONSOR’S HARDWARE, SOFTWARE OR
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR
UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF
CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR
RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT
PERMITTED BY LAW.
10. Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE SPONSOR OR
RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY
KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES ARISING OUT OF ACCESS TO AND USE OF THE SERVICE AND/OR THE
SWEEPSTAKES, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED
FROM ANY WEBSITES OR APPLICATIONS ASSOCIATED WITH THE SWEEPSTAKES. IN NO
EVENT SHALL SPONSOR’S OR THE RELEASED PARTIES’ TOTAL LIABILITY TO AN ENTRANT
FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $10.00. WITHOUT LIMITING
THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE
LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR
ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
11. Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted
in connection with these Official Rules, including, without limitation, the Sweepstakes. Any controversy
or claim arising out of or relating to these Official Rules and/or the Sweepstakes shall be settled by binding
arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.
Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in
any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the
Commonwealth of Massachusetts, City of Boston.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED
BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF
MASSACHUSETTS WITHOUT REGARD TO ITS CONFLICTS OF LAWS, RULES OR OF ANY
OTHER JURISDICTION. For any matters which are not subject to arbitration as set forth in these Official
Rules and/or in connection with the entering of any judgment on an arbitration award in connection with
these Official Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive
jurisdiction and venue of the state and federal courts located in or closest to the County of Suffolk in the
Commonwealth of Massachusetts. The parties agree not to raise the defense of forum non conveniens.
12. Use of Data. Sponsor will be collecting personal data about entrants online, in accordance with its
articles/360005897533. By participating in the Sweepstakes, each entrant hereby agrees to Sponsor’s
collection and usage of their personal information and acknowledges that they have read and accepted
13. Name of Winner. To obtain information regarding the Winner, send a self-addressed, stamped
envelope by January 31, 2020 to: Retail Convergence.com, LP, 20 Channel Center, Boston, MA 02210,
Attn: Marketing Department: Winner Confirmation Request – #GotItonGilt Sweepstakes.
14. Sponsor. Retail Convergence.com, LP, 20 Channel Center, Boston, MA 02210.
15. Disclaimer. The #GotItonGilt Sweepstakes is in no way sponsored, endorsed, or administered by, or
associated with Instagram. Entrant understands that by entering this Sweepstakes, entrant is providing
information to Sponsor and not to Instagram. ANY AND ALL COMMENTS MADE BY ENTRANTS
REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT
REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER.
16. Questions? Any questions, comments or complaints regarding this Sweepstakes should be sent via
email to: firstname.lastname@example.org
#GotItOnGilt Sweepstakes (the “Sweepstakes”)