#FlamingoGiveaway: Rules of Entry
NO PURCHASE, DONATION OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS Giveaway. A PURCHASE, DONATION OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. MUST HAVE A PUBLIC INSTAGRAM ACCOUNT TO PARTICIPATE.
GIVEAWAY PERIOD: The Giveaway begins on June 17th, 2020 at 12:00:01 p.m. Pacific Standard Time (“PST”), and ends on June 19th,2020 at 12:00:00 p.m. PST (the “Giveaway Period”). Flamingo’s computers are the official time-keeping device for the Giveaway, including the timeliness of entries.
ELIGIBILITY: The Flamingo Giveaway (the “Giveaway”) is subject to all applicable laws. Only legal residents of United States who are at least the age of majority in the entrant’s jurisdiction of residence at time of entry are eligible to enter and have a public Instagram account. Void outside the jurisdictions listed in the preceding sentence and where prohibited by law. Not open to employees, officers or directors, or to members of the immediate family or household (whether related or not) of any employees, officers, or directors of Flamingo, or any of its parents, subsidiaries, affiliates, franchisees, or any advertising, Giveaway or other agencies or suppliers involved in this Giveaway (collectively, the “Giveaway Entities”). Eligibility may be verified at any time.
To participate, you must be a registered user of Instagram with a publicly-available account. If you are not a registered user of Instagram, you may become a registered user and obtain a “handle” and password by completing the registration instructions at Instagram.com. There is no fee or charge to become a registered user of Instagram. HOW TO ENTER: During the Giveaway Period, visit and follow https://www.instagram.com/flamingoshop_official/ (the “Feed”), where we will post an image asking entrants to participate in the Giveaway by following our page and liking the giveaway post, and 2 other posts, comment any emojis on the giveaway post, and by tagging 3 friends. More comments = more entries. Without limiting the foregoing, to be valid, your entry Instagram likes and comments must (i) be submitted during the Giveaway Period, (ii) precisely follow the instructions above. For each valid and eligible entry received by Flamingo, entrant will receive one (1) entry in the Giveaway. Limit one (1) entry per person and per instagram handle and e-mail address. Subsequent entries from the same person will be disqualified. Any attempt by a person to enter more than once with multiple email accounts or any other means may result in disqualification. All entries must be submitted within and received by the end of the Giveaway Period. Proof of submission is not proof of receipt. Entries that do not comply with the above requirements may not be eligible and, if submitted, may be removed at any time in Flamingo sole discretion. Flamingo reserves the right in its sole discretion to disqualify any entry that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. By entering, entrant warrants that the submitted entry and image comply with the entry requirements set out above including those at (i)-(ii) above.
Flamingo reserves the right to disqualify any entrant in its sole discretion. If any process fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, Flamingo reserves the right to use another means to determine the winner(s). All entries are subject to verification. JUDGING AND WINNER NOTIFICATION: On or around 06/19/2020, all eligible entries will be picked by Flamingo’s social media team. The social media judging team will select 3 winners. The decisions of the social media team judges are final and binding. After judging is complete, the potential winner will be notified by Instagram direct message, telephone, mail, and/or email, in Flamingo’s discretion, using the contact information given or otherwise available at the time of entry, and provided with information and directions to timely claim the prize. Flamingo shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If a potential winner does not fully respond as instructed within three (3) days after the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner may be disqualified and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. Each potential winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release (collectively, “Prize Claim Documents”). If any eligible winner is not of legal age of majority in his or her place of residence (a “minor”), at Flamingo’s option, the applicable prize either may be awarded in the name of parent or legal guardian of winner, or parent or legal guardian of winner may be required to ratify and sign all Prize Claim Documents.
PRIZES/ODDS: The winners will receive the following prize: A mysterious goodie bag with merchandise worth up to $50.
To the extent allowed by law, winner is solely responsible for the payment of any taxes that may be due as a result of the acceptance or use of any prize. Prizes are non-transferable and no substitution by winners or cash equivalent is allowed, except Flamingo reserves the right to substitute prize for one of comparable or greater value if the advertised prize becomes unavailable. Any dates are subject to change. Any prize is awarded “AS IS.” Neither Flamingo nor any other Giveaway Entity makes any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this Giveaway or any prize. No responsibility is assumed for cancellation of any prize-related events beyond Flamingo’s control.
GENERAL PROVISIONS: To the extent allowed by applicable law, acceptance of a prize constitutes winner’s permission (or minor winner’s parent/legal guardian’s permission) for Flamingo to use the winner’s name, entry, photograph, likeness, voice, biographical information, Social media handle, statements and address (city and state and country) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity (or for as long as allowed under applicable law), without further compensation except where prohibited by law. Entrants (and any minor entrant’s parent or legal guardian) agree, to the extent allowed by applicable law, that the Giveaway Entities shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, from participation in the Giveaway or any Giveaway-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize.
No responsibility for any damage to an entrant’s computer system which is occasioned by accessing the Website or otherwise participating in the Giveaway, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays. Without limiting the generality of the foregoing, Flamingo is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.
Flamingo reserves the right in its sole discretion to disqualify from this Giveaway and any other Giveaways offered by Flamingo, any individual who is found to be tampering with the entry process or the operation of the Giveaway or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Giveaway, or to annoy, abuse, threaten or harass any other person. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted.
In the event of a dispute as to the identity of the entrant, any on-line entry will be deemed submitted by the authorized account holder of the e-mail account from which it was sent, provided such account holder must still meet the eligibility requirements for the Giveaway. The authorized account holder shall be the natural person to whom the applicable email address has been assigned by the Internet access provider, service provider, or other online organization responsible for assigning e-mail addresses for the domain associated with the winning Instagram account.
Flamingo reserves the right to modify, extend, suspend, or terminate the Giveaway, in whole or in part, if it determines, in its sole discretion, that the Giveaway is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other unintended circumstances have impaired the integrity, administration, security, proper play and/or feasibility of the Giveaway as contemplated herein. If the Giveaway is terminated before the designated end date, Flamingo will (if possible) select a winner in a random drawing from all eligible, non-suspect entries unaffected by the problem. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy in such circumstances.
By entering the Giveaway, you agree, to the extent allowed by applicable law, that (i) any and all disputes, claims, and causes of action arising out of or in connection with the Giveaway, or any prize awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to reasonable and actual out-of-pocket costs incurred, including costs associated with entering the Giveaway, but in no event attorney’s fees; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental, indirect or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for reasonable and actual out-of-pocket expenses.
The Giveaway, the prize, these Official Rules, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the United States. The courts of the United States shall have exclusive jurisdiction to settle any dispute or claim which may arise out of or in connection with the Giveaway, the prize, or these terms, and, by entering this promotion, entrants waive any objection thereto to the extent allowed by applicable law.
Flamingo: Pflungerville, Texas, 78660