#WhereIphade Instagram Giveaway Official Rules
NO PURCHASE REQUIRED TO ENTER OR WIN. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.
Important: Please read these rules before entering this giveaway (the “Giveaway”). By participating in this Giveaway, either by entering or accepting a prize, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.
These are the Oﬃcial Rules for the #WhereIphade Instagram Giveaway. The Giveaway is administered and sponsored by the creator and owner of phade®, New WinCup Holdings, Inc., a Delaware corporation (the “Company”).
The Giveaway is open only to, except where prohibited, registered users of Instagram who are followers of the @phade.products Instagram profile, who are 18 years of age or have reached the age of majority in their jurisdiction of residence at the time of entry, whichever is greater, and who are residents of the United States. Company employees, contractors, vendors and phade® Ambassadors, and their respective immediate family members, are not eligible to enter or win.
No purchase is necessary to enter or win.
HOW TO ENTER
To enter, follow steps 1, 2, and 3 (listed below):
Instagram (1 Winner):
- Visit phade’s Instagram page (@phade.products) and follow the account (if you are not already a follower).
- Like at least one of the official @phade.products Giveaway announcement posts.
- Tag @phade.products and the venue supplying the straw (if applicable) in a photo of you using phade® (can be a selfie or not). Include the hashtag #WhereIphade in the photo or video caption.
No entry may contain any vulgar or offensive content. Any entry containing inappropriate content, as determined by the Company, in its sole and absolute discretion, will be disqualified and ineligible for the Giveaway. Automated entries, including entries submitted using any robot, script, macro or other automated service are not permitted and will be disqualified and ineligible for the Giveaway.
All entries in the Prize drawing have an equal chance of winning. The odds of winning a prize depend on the number of eligible entries received during the Giveaway Period, which is:
- July 20, 2023 – August 15, 2023, at 11:59pm (EDT)
Limit (1) entry in the Prize drawing, per person on each social media account during each Giveaway Period. Multiple entries on one account will not be accepted. If an entrant is already following the phade® Instagram profile, they may still enter by following the rest of the entry rules.
The Company will not be responsible for lost, incomplete, late, misdirected, or otherwise ineligible entries; technical or mechanical malfunctions; errors in the Oﬃcial Rules, in any related ads or materials; or processing error. The Company can void the entry of any entrant who it believes has attempted to tamper with or impair Giveaway administration, security, fairness, or proper play, or who is ineligible.
One winner of the Prize will be selected in a random drawing no later than thirty (30) days following the expiration of the Giveaway Period.
The winner will be notified privately via direct message on Instagram within 5 days of the drawing and the winner will be required to provide their email address and address of residence (which must be in the United States) within 48 hours, in order to claim the prize. Once the winner has claimed the prize, the Company will announce the winner publicly by tagging them in the comments of the giveaway posts. If a Prize winner is not eligible to win, or if the prize is not claimed within 48 hours, the prize will be forfeited, and an alternate winner may be selected. Odds of winning depend on the number of eligible entries received.
The Company shall not be held liable for any delays in awarding the prize for any reason. If requested and where permitted by law (all states other than Tennessee), the winner must execute and return an Aﬃdavit of Eligibility, Liability Release and (where legal) Publicity Release within 48 hours of notification. Failure to do so may result in disqualification and forfeiture of the prize.
The prize winner is responsible for any expenses incurred in connection with the prize. No substitution or transfer of prize is permitted. All federal, state and local taxes on the prize are the sole responsibility of the winner. Prize details not set forth herein are the sole discretion of the Company.
CONSENT AND RELEASE
By participating in this Giveaway, each entrant consents to the Company’s use of their name, photograph, image and/or likeness, address, voice, and statements made by or attributed to them, in perpetuity, in any and all media now known or hereafter developed (including, without limitation, print, broadcast and Internet), for all commercial purposes, including without limitation, general advertising and marketing and Giveaway activities, without additional compensation, unless prohibited by law. This consent includes consent to tagging all entrants, and reposting any content, on Instagram and all other social media.
By participating in this Giveaway, each entrant agrees to release and hold harmless the Company and Instagram and each of their respective parent companies, affiliates, subsidiaries, officers, directors, representatives, agents and employees, from any and all liability whatsoever for any injuries, losses or damages of any kind arising from or in connection with, either directly or indirectly from: 1) the awarding, acceptance, receipt, possession, use and/or misuse of any prize awarded herein; or 2) participation in the Giveaway or any prize related activities.
Arbitration and Choice of Law: Except where prohibited by law, as a condition of participating in this Giveaway, entrant agrees that any and all disputes and causes of action arising out of or connected with this Giveaway, or any prizes awarded, except for disputes that qualify for and are filed in small claims court, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND EACH ENTRANT AGREES THAT THE COMPANY AND EACH ENTRANT ARE WAIVING THE RIGHT TO TRIAL BY A JURY. EACH ENTRANT AGREES THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND EACH ENTRANT IS AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. THE ARBITRATION WILL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES, AS AMENDED BY THESE TERMS. Under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (i.e., costs associated with entering this Giveaway), and Entrant further waives all rights to have damages multiplied or increased.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrants and the Company in connection with this Giveaway, shall be governed by, and construed in accordance with, the substantive laws of the State of Georgia, without regard to its principles of conflicts of law and regardless of entrant’s location or state of residence.
All federal, state and local laws and regulations apply. Void where prohibited by law. Entrants agree to be bound by the Oﬃcial Rules and the decisions of the Company, which are final and binding on all matters relating to the Giveaway. The Company is are not responsible for any typographical or other errors in the printing of the oﬀer, administration of the Giveaway or the announcement of the prize, or for lost, late, misdirected, incomplete, illegal or otherwise ineligible entries.
The Company reserves the right at its sole discretion to disqualify any entrant found to be (a) tampering or attempting to tamper with the entry process or (b) violating the Oﬃcial Rules.
The Company reserves the right to modify or cancel the Giveaway at any time.
For the name of the Prize Winner, please visit https://www.phadeproducts.com/contact-us/ and complete the General Inquiry Form. Requests must be received by August 20, 2023, 11:59 pm (EDT).