Victoria’s Secret – Pink Back To You – Win winners) Each Grand Prize winner will receive $500 cash
SWEEPSTAKES TOUR GALLERY RULES
PINK Back To You Sweepstakes
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
YOU MUST HAVE INTERNET ACCESS, A VALID EMAIL ADDRESS AND INSTAGRAM ACCOUNT TO PARTICIPATE.
ELIGIBILITY: SWEEPSTAKES OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES (INCLUDING THE DISTRICT OF COLUMBIA) AND WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE (OR THE AGE OF MAJORITY IN THEIR JURISDICTION OF RESIDENCE) AT TIME OF ENTRY.
VOID WHERE PROHIBITED BY LAW.
To enter this Sweepstakes, you must agree to and abide by these “Official Rules”. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions and interpretations of these Official Rules, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Sponsor: Victoria’s Secret Stores Brand Management, Inc., 4 Limited Pkwy East, Reynoldsburg, OH 43068 (“Sponsor”).
Administrator: Probability LLC, 2 Woodstock Meadows Ln., P.O. Box 1484, Woodstock, NY 12498 (“Administrator”).
Eligibility: The PINK Back to You Sweepstakes (the “Sweepstakes”) is open only to individuals who are legal residents of the 50 United States (including Washington D.C.), who are at least eighteen (18) years of age (or the age of majority in their jurisdiction of residence — (which is nineteen (19) in Alabama and Nebraska; twenty-one (21) in Mississippi)) and who have a valid e-mail account, Instagram account and Internet access. Employees, officers and directors of Sponsor, Administrator, Telescope, Inc., any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, or supplying the prize (or any portion of the prize), and/or their respective parent companies, subsidiary, affiliated and successor companies (collectively, the “Promotion Entities”), and the immediate family and household members of any of the foregoing individuals, are not eligible to enter or win. “Immediate family members” shall mean parents, legal guardians, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three (3) months a year, whether legally related or not. Potential winners may be required to provide proof of eligibility prior to prize award. Void where prohibited by law. (NEW JERSEY NOTICE: This Sweepstakes is not void in the state of New Jersey).
Sweepstakes Entry Period: The Sweepstakes begins on or about 9:00 am Eastern Time (“ET”) on Tuesday, August 10, 2021 and ends at 11:59 p.m. ET on Saturday, August 28, 2021 (“Promotion Period”). Administrator’s computer is the official clock for this Sweepstakes.
How to Enter:
Entrants may enter the Sweepstakes during the Promotion Period as follows:
(i) Follow PINK (@VSPINK) on Instagram if you do not already; and
(ii) Post an original video showing how you’d use $500 to make you feel like yourself again. It’s time to get back to you!, from your Instagram account (each, a “Post”) containing the hashtags “#PINKBackToYou” and “#PINKSweepstakes” (“Sweepstakes Hashtags”) and tagging Sponsor in the caption of the post (@VSPINK).
If anyone other than you appears in the Post, you must obtain their prior written consent. In particular, you must make them aware that they will be included in the Post with the understanding that you will submit the Post as an entry to a Sweepstakes. If they are minors in their jurisdiction of residence, the consent must be provided by their parent/legal guardian. Entries may only include include music that Sponsor may expressly provide you to use in your Submission (“Sponsor Content”), including any music made available by Sponsor as part of an event promoting the Sweepstakes. Entries that include any other songs or recordings are inappropriate and will be subject to disqualification.
Actions to enter the Sweepstakes that do not include the Sweepstakes Hashtags and tagging Sponsor will not be counted as Entries (defined below). You may include text in your video caption in addition to the Sweepstakes Hashtags, but this is not required for entry (nor will the inclusion of additional text in any way increase your odds of winning a prize.) The term “Entry” includes any text that accompanies the Sweepstakes Hashtags.
BY POSTING A VIDEO THAT INCLUDES THE SWEEPSTAKES HASHTAGS “#PINKBACKTOYOU” AND “#PINKSWEEPSTAKES”, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND FULLY AGREE TO THESE OFFICIAL RULES. DO NOT POST WITHOUT FIRST REVIEWING THESE OFFICIAL RULES.
Your Post that includes both: (a) the Sweepstakes Hashtags (#PINKBackToYou and #PINKSweepstakes) and (b) tags the Sponsor (@VSPINK) will constitute your entry into this Sweepstakes (“Entry”).
LIMIT ONE (1) ENTRY PER PERSON DURING THE PROMOTION PERIOD. You may only use one (1) Instagram account to participate in the Sweepstakes. Posts must be created for the sole purpose of this Sweepstakes and must be posted by the entrant. (DO NOT COPY OTHERS’ WORKS, IN WHOLE OR IN PART. YOU MUST OTHERWISE COMPLY WITH THE CONTENT GUIDELINES BELOW AND OTHER TERMS HEREIN). Re-posts will not be accepted. Once posted by entrant, a Post cannot be edited, augmented or modified by entrant. Do NOT include personal information (e.g., your name, e-mail address, or phone number) in the Entry itself. If the Entry contains personal information, it is your sole responsibility to remove all such personal information from the Post (and, if applicable, the comment) before uploading the Post (and, if applicable, the text) from your Instagram account for the Sweepstakes.
FOR THE AVOIDANCE OF DOUBT, IF A PERSON POSTS MULTIPLE POSTS DURING THE PROMOTION PERIOD, ONLY THE FIRST POST WILL BE CONSIDERED FOR POSSIBLE ENTRY IN THE SWEEPSTAKES (AND, IF THE FIRST POST DOES NOT INCLUDE THE REQUIRED HASHTAGS OR IS OTHERWISE NOT IN FULL COMPLIANCE WITH THESE OFFICIAL RULES, THE PERSON SUBMITTING SAME MAY NOT RECEIVE AN ENTRY IN THE SWEEPSTAKES.)
Partial or incomplete/piecemeal submissions will NOT BE ACCEPTED (e.g., (i) posting an original video showing how you’d use $500 to make you feel like yourself again. It’s time to get back to you! on your Instagram Gallery, but not the required hashtags; (ii) posting an original video showing how you’d use $500 to make you feel like yourself again. It’s time to get back to you! on your Instagram Gallery with the Sweepstakes Hashtags in your Post, but your Post does not tag the Sponsor (@VSPINK).
Entries must be manually key-stroked by the Entrant; use of automated, robotic, macro, programmed or similar quick entry devices or programs, or entries by third parties by any method of entry, are prohibited and will result in disqualification. Entries that do not conform to or that violate these Official Rules or are submitted in any manner other than stated in these Official Rules will be disqualified. Sponsor and Administrator will not be responsible for late, lost, inaccessible/blocked, incomplete or misdirected entries. Proof of submission (posting) of Entry does not constitute proof of receipt of same. All Entries must be submitted via “post” to profile/Gallery on Instagram in their entirety prior to expiration of the Promotion Period. By entering this Sweepstakes, entrant agrees to these Official Rules and the decisions of the Administrator and Sponsor, which are binding and final in all matters relating to this Sweepstakes. Once submitted, Posts become the sole property of Sponsor (subject only to the rights of Instagram), and cannot be modified by entrant. By submitting a Post, entrant gives permission (and warrants and represents that he/she has obtained all rights necessary to give such permission and grant the license herein described, including from the third-party videographer and/or other persons depicted/referenced in the Post, as applicable). By entering the Sweepstakes, entrant represents and warrants that he or she has read, understands, agrees to and will follow the Official Rules. Entrant further represents and warrants that his or her Entry and all materials and matter therein: (a) (except for elements that are within the public domain or are provided by Sponsor for inclusion in Entries) are wholly original with such entrant and are not a copy or imitation of any other material or entrant has all necessary rights to grant the Sponsor the rights granted hereunder and exercise such without obligation or liability to any third party; (b) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and (c) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and that he or she has complied and has obtained all permissions, licenses and consents that are necessary for the submission of the Entry and the use of the Entry and to verify compliance with the foregoing requirements. Entrant agrees to provide to Sponsor at Sponsor’s request copies of all such permissions, licenses and consents. Sponsor reserves the right, in its sole discretion, to disqualify any Entry that Sponsor determines does not comply with these Official Rules, to make such changes to any Entry as are necessary to make it compliant, or to require the entrant to do so. Entrant further acknowledges and agrees that he/she has not previously granted, assigned or otherwise encumbered his/her Entry, or any images, text and materials depicted therein, to any other third party. Further, entrant represents and warrants that Sponsor’s use of any Entry, including any images, text and materials depicted therein, shall not violate an agreement to which such entrant has signed. Entrant agrees to indemnify and hold the Released Parties (defined below) harmless from and against any third party claims, to the extent arising out of or relating to any breach of any representation, warranty or covenant made by entrant in connection with his or her acceptance of these Official Rules or Sweepstakes activities.
By submitting a Post, entrant gives permission to Sponsor and its licensees, successors, assigns and designees, and hereby grants Sponsor and its licensees, successors, assigns and designees a royalty-free, irrevocable, perpetual, worldwide, sub-licensable, non-exclusive right and license (herein, “License”) to use and otherwise exploit entrant’s Post, including all images, text and materials included therein, in whole or in part, in any manner and on any media and through any means now known or hereafter devised, including, without limitation, the World Wide Web, and to otherwise use entrant’s Post, and make derivative works therefrom, without compensation in accordance with the requirements of this Sweepstakes and the advertising, promotion, and publicity of the Sweepstakes, Sponsor’s products and services, and otherwise, as stated in these Official Rules (as solely determined by Sponsor). Such License will be confirmed by potential winner upon Sponsor’s request and potential winners agree to timely complete, sign and deliver any and all necessary documents, including, without limitation, documents setting forth any licenses, releases and indemnities that Sponsor in its sole discretion may require, without condition or compensation of any kind. Without limiting the forgoing, Sponsor will have the right to use the Entries submitted as part of the Sweepstakes, and all images, text and materials included or depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all “moral rights (droit moral)” now or hereafter recognized in connection with Entries submitted as part of the Sweepstakes. Sponsor’s failure to receive all documentation from all individuals within the prescribed timeframe, in each instance as required by Sponsor in its sole discretion, will result in the disqualification of the entry and the selection of another entry in the applicable drawing as a potential winner. Entrants acknowledge that as a condition of participating in the Sweepstakes and/or being selected as a Winner, Sponsor may request that the entrant’s Entry, and any rights therein, be assigned to Sponsor and entrants may be required to confirm such assignment by completing and submitting the Winner Documents (defined below) (and any other documents reasonably required by Sponsor) or such entrant will otherwise be disqualified from receiving his/her prize(s). Entrants must maintain the ability to assign all such rights to Sponsor free of any limitations, restrictions or third party obligations. Entrants agree that Sponsor shall have the sole discretion in determining the extent and manner of use of Entries and are not obligated to use any Entry. Entrants agree that Sponsor, nor its agents, shall be responsible for return or preservation of the Entries submitted.
Limited License from Sponsor to Use Sponsor Content: As entrants may include Sponsor Content in their Entry, Sponsor grants to each entrant a personal, non-exclusive, revocable, non-commercial (which, for the avoidance of doubt, includes participation in the Sweepstakes) limited license solely to incorporate and publicly distribute the Sponsor Content solely in connection with the development and submission of their Entry to the Sweepstakes but not through any other online properties other than Instagram or in any other manner. Any other use of Sponsor Content is prohibited and may be grounds for disqualification and/or legal action for infringement. All use of Sponsor’s name and intellectual property, including any Sponsor Content, by entrant in connection with the Sweepstakes will inure solely to the benefit of Sponsor. Although entrants retain ownership to their Posts, if a Post includes Sponsor Content, entrants are limited to utilizing their Posts solely for posting on Instagram. Entrants acknowledge that as between Sponsor and entrant, Sponsor is the owner of all right, title and interest in and to all copyrights, trademarks, trade-dress and other rights associated with its name, intellectual property, its services, products and product designs; and the goodwill pertaining to the Sponsor Content. Entrants agree that they will not acquire and will not claim any title to any of the foregoing and will make no use of the Sponsor Content following the conclusion of the Sweepstakes other than the limited licensed expressly set forth in this paragraph.
If you opt to access Instagram via your wireless mobile device, data rates may apply for each message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes. Mobile device service may not be available in all areas. Check your phone’s capabilities for specific instructions.
Each entrant acknowledges that Entries are not being submitted in confidence or in trust to Sponsor and that no confidential or fiduciary relationship is intended or created. Each entrant acknowledges that Sponsor and other entrants may have created ideas and concepts contained in their Entries that may have familiarities or similarities to his/her own Entry, and that he/she will not be entitled to any compensation or right to negotiate with the Sweepstakes Entities because of these familiarities or similarities. Notwithstanding any custom and practice in the industry to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate entrants for their Entries and there is no obligation for any Sweepstakes Entity to pay or otherwise compensate entrants for any of their ideas or materials in any communications with Sponsor, whatsoever. Entries are not confidential and the Sweepstakes Entities’ only obligations to entrants regarding Entries are as specifically set forth in these Official Rules. The decisions of the Sponsor are final and binding in all matters relating to this Sweepstakes, including interpretation and application of these Official Rules. Entrant, by participating in the Sweepstakes, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. Sponsor reserves the right to request from entrant at any time proof that entrant maintains all necessary rights in their Entry in order to grant Sponsor the rights required herein in a form acceptable to Sponsor. Failure to provide such proof may lead to, among other things, the entrant being disqualified from the Sweepstakes.
If for any reason the Sweepstakes is not capable of running as planned (in whole or in part), including infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures beyond Sponsor’s control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to disqualify any individual, whether or not the individual is a participant in the Sweepstakes, who tampers with the entry process, and to terminate, modify or suspend the Sweepstakes (in whole or in part). In such event, Sponsor reserves the right to conduct the Sweepstakes and award the prizes by means of random drawing comprised of all eligible Entries received prior to and/or after (as appropriate) the action taken by Sponsor or otherwise in a manner which is fair, appropriate and consistent with these Official Rules, as determined by Sponsor, in its sole discretion. Notice of termination/modification/suspension of Sweepstakes will be posted on Sponsor’s official Instagram page. Without limitation of any other term here, Sponsor and its agencies are not responsible for failed, partial or garbled computer transmissions, technical failures of any kind (including, but not limited to, electronic malfunction or damage of any network, hardware or software), any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or loss, destruction or unauthorized access to, or alteration of, entries or Posts; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or electronic entry to be received or for any Post to be accessible on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer or mobile device related to or resulting from participation in this Sweepstakes. Sponsor and its agencies also expressly disclaim any responsibility for entries not received and/or Posts not being accessible due to filtering or other operation of the functionality of Instagram.
Entrants further agree not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY any PERSON, whether or not the individual is a participant in the Sweepstakes, MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
Content Guidelines:In addition to complying with all other requirements of these Official Rules; each Post must comply with the following guidelines (“Content Guidelines”). Any Post that Sponsor/Administrator, in their sole discretion, determines is in violation of any Content Guideline will be disqualified from the Sweepstakes (even if Post is not thereafter deleted by Sponsor with approval of Instagram). Each Entry must not:
Contain content, image(s) or material (visual or audio) that violates or infringes any third-party rights of any kind (be it of Entrant or anyone else), including, without limitation, any third party privacy, publicity, trade secret and/or intellectual property rights, including third party registered and/or common law copyrights and trademarks;
Disparage Sponsor (or any other person who endorses their products/services), Administrator, any other person or entity affiliated with the Sweepstakes or products, services or entities that are competitive with any of the foregoing;
Contain brand names, trademarks or logos of any third party other than those owned by or licensed to Sponsor subject to the Post complying with all other requirements of these Official Rules (including these Content Guidelines); entrant has a limited, non-exclusive, revocable license to use Sponsor’s trademarks (as the case may be) solely and only to incorporate them in his/her Post submitted in this Sweepstakes*;
Contain content, images, artwork or other creative elements not created by and original to entrant;
Contain content, images or other material that is misleading, inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
Contain content, images or other material that reflects, advocates or promotes bigotry, racism, hatred, harm or exploitation of or against any class, group or individual, discrimination based on race, gender, religion, nationality, disability, sexual orientation or age, or actions or activities that are restricted, prohibited, illegal or unlawful (including, without limitation, the consumption of alcohol or any other controlled substances);
Contain content, images or other material that is unlawful or in violation of or contrary to any applicable federal or state laws or regulations;
Have been previously submitted in a promotion of any kind, or published, posted, exhibited or displayed publicly for commercial use by any means and in any form or media.
In addition to the foregoing, the video file cannot:
Contain executable programming of any kind, including, without limitation, viruses, worms, Trojan horses, spyware, malware, time bombs, Easter eggs, cancel bots or any kind of malicious or benign computer programming whatsoever; and
Contain encrypted content of any kind, including, without limitation, encoded messages.
If a Post cannot be viewed and/or accessed by Sponsor or Administrator for any reason whatsoever, that video shall be disqualified without any fault or liability of the Released Parties, as defined below.
*Sponsor grants qualified entrant a limited, non-transferable, non-exclusive, non-sublicensable, revocable right to use their respective trademarks solely for purposes of and limited to including them in the Posts submitted in this Sweepstakes; such right and license will automatically expire without further act of any party at the expiration of the Promotion Period, unless specifically extended on an individual basis by Sponsor in writing in its sole discretion. Any other use of the trademarks of Sponsor will be a violation of Sponsor’s intellectual property rights in same, as applicable. Sponsor’s items (including its respective trademarks) cannot be modified, adapted, or edited by entrant; the preceding only excludes modifications due to technological limitations or malfunctions.
FOR ALL POSTS POSTED, THE POSTS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SUCH POSTED POSTS, INCLUDING MONITORING OR REVIEWING POSTS. SPONSOR WILL NOT EDIT POSTED POSTS IN CONJUNCTION WITH OFFERING THE SWEEPSTAKES.
Random Drawings/Selection of Winners/Notification of Winners: Potential prize winners will be selected via a random drawing on or about 8/30/21. Random drawing will consist of all eligible entries received and recorded by the Administrator’s computer by the end date of the Promotion Period. For the avoidance of doubt, Entry MUST be in compliance with these Official Rules (that is, Post along with the hashtags #PINKBackToYou and #PINKSweepstakes and tagging @VSPINK in the post caption) to be eligible. Drawing will be conducted by Administrator, an independent judging organization/Administrator whose decisions are final and binding on all matters related to the Sweepstakes. Potential winners will be notified by direct message from the Sponsor’s official Instagram account (@VSPINK). It is recommended you confirm your Instagram notification settings are turned on. The initial verification notification (direct message) will request that the potential winner email the Administrator at a specific email address with specific personal information (e.g., full name, city, state, and Instagram username). Failure to respond to the initial verification notice within three (3) business days with all required information, or if initial verification notice is undeliverable after two (2) attempts will result in disqualification. Potential Grand Prize winners may be required to sign and return within three (3) business days, an Affidavit of Eligibility, Release and Indemnification, and a Publicity Release where allowed by law and W-9 (“Winner Documents”). If the Winner Documents are not returned to Sponsor within specified time period (if applicable), potential winner may be disqualified. If a potential winner is disqualified, or if prize is returned as undeliverable, prize will be awarded to an alternate winner selected in a random drawing from all remaining non-winning eligible entries received during the applicable Entry Period. In the event of any dispute concerning the identity of any entrant, the Entry will be deemed submitted by the natural person who is the authorized holder of the email account associated with the Instagram account used to participate in the Sweepstakes. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.
Prizes, Approximate Retail Values (“ARV”) and Odds:
Grand Prize (five hundred  winners): Each Grand Prize winner will receive $500 cash. Grand Prize will be awarded in the form of a check in the name of the Grand Prize winner.
Total ARV of Prizes: $250,000.00.
Odds of winning prize depend on total number of eligible entries received during the Promotion Period.
LIMIT: ONE (1) PRIZE PER PERSON/FAMILY/HOUSEHOLD DURING PROMOTION PERIOD. Any costs and incidentals not specified herein are the winner’s sole responsibility. No substitution or transfer of prize except with Sponsor’s permission. All federal, state and/or local taxes are the sole responsibility of the prize winner. The winners may be required to provide Sponsor with a valid social security number or tax identification number before the prize(s) will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of winners for the actual value of the prizes received.Unclaimed prize(s) will be forfeited. Prize(s), if legitimately claimed, will be awarded. Sponsor is not responsible for and will not replace any lost, mutilated or stolen prizes or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address. No more than the stated prizes will be awarded. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. In the event a prize winner engages in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify the potential winner from receiving their prize.
Conditions: By participating in this Sweepstakes, each entrant agrees: (a) to be bound by these Official Rules and the decisions of Sponsor and Administrator, which shall be final in all respects; and (b) to release, discharge, indemnify and hold harmless the Promotion Entities, Instagram Inc., each of their respective advertising and promotion agencies, each of the foregoing entities’ respective parent, subsidiary, related, affiliated and successor companies, and each of their respective officers, directors, agents, representatives and employees (collectively, the “Released Parties”) from and against any and all actions, claims, costs (including attorneys’ fees), injury, loss or damage, including, without limitation, death and bodily injury, arising in any manner, directly or indirectly, in whole or in part, arising out of or related to: (1) entrants’ participation in the Sweepstakes; (2) the Released Party’s violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; (3) technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines, websites, network hardware or software beyond the reasonable control of Sponsor; (4) unauthorized human intervention in any part of the entry process or the Sweepstakes; (5) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (6) claims resulting from the impairment, cancellation or modification of the Sweepstakes; or (7) any acceptance, possession, misuse or use of any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, including those arising from any travel to/from any prize event or activity and any products liability claims alleging tangible property damage, bodily injury or death). Entrants agree and that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor interruption or inability to access the website, application or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each entrant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against the Released Parties and hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a prize supplier that may be sent along with a prize. The Released Parties are not responsible for any changes or unavailability of the social media platform used for purposes of administering this Sweepstakes that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the social media platform for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor via the social media platform, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes.
By accepting the prize, each winner grants Sponsor and its licensees, successors, assigns and designees irrevocable permission to use his/her name, voice, likeness, photograph, prize information, biographical data and city and state of residence on a winners’ list and for programming, publicity and promotional purposes, worldwide in all forms of media now known or hereafter developed, in perpetuity, without further compensation or notice, unless prohibited by law. Sponsor and its designees are not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at Sponsor’s sole discretion, without further obligation or compensation. Sweepstakes subject to the laws of the United States only. All federal, state and local laws and regulations apply.
In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, pandemic (including COVID-19), earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each, a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Sweepstakes. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Sweepstakes; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.
Disputes: BY AGREEING TO ARBITRATION, ENTRANT UNDERSTANDS AND AGREES THAT THEY ARE WAIVING THEIR RIGHT TO SUE IN COURT. PARTICIPANT AGREES THAT: (I) ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SWEEPSTAKES, OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY — WITHOUT RESORT TO ANY FORM OF CLASS ACTION — BY BINDING ARBITRATION (BY A SINGLE NEUTRAL ARBITRATOR SELECTED BY SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION) ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “AAA RULES”) THEN IN EFFECT; (II) ANY ARBITRATION SHALL BE HEARD BY ONE ARBITRATOR TO BE SELECTED IN ACCORDANCE WITH THE AAA RULES, IN COLUMBUS, OH; (III) UNLESS BOTH PARTICIPANT AND SPONSOR AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING; AND (IV) JUDGMENT UPON ANY AWARD RENDERED MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
Governing Law/Limitation of Liability: 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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
PERSONAL INFORMATION: Sponsor and its authorized agents will collect, use, and disclose the personal information you provide when you enter the Sweepstakes for the purposes of administering the Sweepstakes and prize fulfillment. By entering this Sweepstakes, you consent to the collection, use, and disclosure of your personal information for the purposes of administering the Sweepstakes, including, if you win a prize, disclosing your name and location to individuals who request a list of prize winners. You may also be offered the opportunity to receive additional communications from Sponsor about its products, and upcoming contests and promotions.
By accepting a prize, winner agrees to Sponsor’s use of his/her name, Instagram handle, entry, city/state of residence, picture,biographical information, statements, voice and likeness in any advertising and publicity Sponsor may so choose, in any media or format, whether now known or hereafter developed, including, but not limited to, the World Wide Web, at any time or times in perpetuity, without further compensation or notice.
FINANCIAL INCENTIVE NOTICE: We sometimes offer exclusive price discounts, rewards, offers, deals, coupons, services and other perks for (1) customers who enjoy our loyalty and rewards programs; (2) recipients of our mailing lists who were presented with a financial incentive to sign up; (3) app subscribers who were presented with a financial incentive to download the app; and (4) applicants or registrants who were presented with a financial incentive for their application or registration (collectively, “programs”). Through these program offerings, consumers may provide us with some personal information (e.g., name, postal address, email address, phone number, birthday, and other similar forms of personal information) when they opt-in to our programs. There is no obligation to opt in and consumers may opt out. The details of each program are contained in the program offering. We offer these programs to, among other things, enhance our relationship with customers. The value to our business, in the aggregate, of customers’ personal information depends on specific facts, such as whether and to what extent they take advantage of any offerings. We do not calculate the value of the customers’ information for our accounting statements. To the extent we would, however, such valuation could be directly or reasonably related to the cost associated of acquiring or developing such information.
You may opt in to our programs by signing up in the manner invited for an individual program. And you can opt out of these programs by contacting our Customer Care team via the Customer Care or Live Chat links at VictoriasSecret.com.
For assistance with these and other privacy notices, contact our Customer Care team by dialing 711 or by using an Internet Protocol Relay Service.
Winners’ List: For the names of winners, send an email to firstname.lastname@example.org with “PINK Back To You Sweepstakes Winners” in the subject line, for receipt no later than 9/10/2021 at 5:00 pm ET.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram.
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