Pier1ofakind Sweepstakes on Instagram Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES TO THESE OFFICIAL RULES.
ALL PHOTOS SUBMITTED MAY APPEAR ON SPONSOR’S WEBSITE, SPONSOR’S INSTAGRAM PAGE, OR IN ANY OTHER MEDIUM FOR ANY PURPOSE WITHOUT NOTICE, APPROVAL, ATTRIBUTION, OR ADDITIONAL COMPENSATION IN SPONSOR’S SOLE DISCRETION.
- Eligibility: Pier1ofakind Sweepstakes (the “Sweepstakes”) is open only to legal residents of the contiguous United States and the District of Columbia, who are 18 years of age or older (or 19 and older for residents of AL and NE) at the time of entry. Void where prohibited by law. No purchase necessary to enter the Sweepstakes. Employees of Pier 1 Imports Online, Inc. (the "Sponsor" and "Administrator”), or any of its respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production, execution or distribution of the Sweepstakes (collectively with Sponsor and Administrator, the "Sweepstakes Entities") and their immediate family (spouse, parents and step-parents, siblings and step- siblings, and children and step-children) and household members of each such employee are not eligible to enter or win. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Participation 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 the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- Sweepstakes Entry Period: The Sweepstakes begins on June 7, 2021 at 5:00 PM Central Time (“CT”) and ends on June 9 at 11:59:59 PM CT (the "Entry Period").
Sponsor's computer is the official time-keeping device for the Sweepstakes.
To enter, simply (A) access the Pier 1 Official Instagram account at @pier1 during the Entry Period, (B) post a picture/photo with #pier1ofakind in the caption of your favorite Pier 1 piece styled in your space, and (C) tag at least 2 friends to receive one (1) entry into the Sweepstakes.
Limit one (1) entry per person/email address/Instagram account. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the entrant.
PLEASE NOTE: To enter, entrants must follow the Instagram account @Pier1 and adjust their Instagram account settings to allow for receipt of messages from Sponsor. For this purpose, entrants will have to set their Instagram account settings to ‘Public', and take any further necessary steps to ensure receipt of any communication from Sponsor. It is solely entrant's burden to take any steps necessary to adjust their Instagram account settings so that messages can be sent by Sponsor. An entrant's non-receipt of a message from Sponsor for any reason, including for failure on behalf of entrant to adjust Instagram account settings, shall be entrant's, and not Sponsor’s fault. Similarly, Sponsor shall not be held liable if they are not able to view an entrant's entry for any reason, including the failure on behalf of entrant to adjust their Instagram account settings accordingly. By entering this Sweepstakes, each entrant (or entrant’s parent/legal guardian if entrant is deemed a minor in his/her state of residence) agrees that the Sponsor has the right to contact the entrant by direct message via entrant’s Instagram to administer and fulfill this Sweepstakes.
This Sweepstakes is not sponsored, endorsed, administered by or associated with Instagram. By entering, you are providing the information to Sponsor, and not to Instagram. WHEN YOU UPLOAD YOUR PHOTO, YOU AUTHORIZE SPONSOR TO USE YOUR PHOTO WITHOUT COMPENSATION OR ATTRIBUTION.
- Photo Requirements: Entrants agree to and understand that any shared photo entries will be made available to the public, including without limitation, posting on the Internet and may appear in Sponsor’s advertising and marketing materials. Whether or not photo entries are published on the Internet, Sponsor does not covenant or guarantee any confidentiality with respect to any photo entries.
- a) The photo entry must not have been submitted previously in any contest or sweepstakes of any kind, although photos that have previously been posted to Instagram are allowed.
- b) Each photo entry must be an original creation of the submitting entrant which is under no restriction, contractual or otherwise, that will prevent Sponsor's use of the photo entry and each photo entry must be free of any and all liens, encumbrances and claims of third parties.
- c) By uploading the photo entry the entrant agrees, for zero compensation, to grant to Sponsor all intellectual property rights in the photo entry and each of its constituent parts, which rights include, without limitation, the Sponsor's right to publish, make available to the public and/or reproduce the photo entry at its sole discretion through any media available at any time during, or after, the Entry Period on any related websites, in any promotional materials, whether related or un-related to the Sweepstakes, and at any location, whether physical or online. In addition, entrant warrants that any so called "moral rights" in the photo entry have been waived and entrant acknowledges and agrees that Sponsor may use any ideas from any photo entry or other submitted materials, whether or not entrant has been awarded a prize in connection with any such photo entry or other materials.
- d) Entrants are responsible for securing necessary permissions, talent and location releases, and licenses for any visual material contained in the photo entries.
Photo Entry Sweepstakes Restrictions
Photo entries must not contain material that (1) Contains or depicts someone smoking, intoxicated, or using illegal substances, or any paraphernalia related to any of the above; (2) Violates or infringes another's rights, including without limitation, privacy, publicity or intellectual property rights; (3) Contains 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; (4) Contains any unacceptable clothing or adornments, or displays any commercial/corporate advertising other than that of Sponsor (including but not limited to corporate logos, brand names, trademarks, slogans, political, personal and religious statements); (5) Contains indecent or unsafe behavior or situations, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise inappropriate, profane, obscene, hateful, tortious, slanderous or libelous; (6) References persons or organizations without their written permission; (7) Disparages any persons or organizations; (8) Includes threats to any person, place, business, or group; or (9) Is unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations. Failure of any Photo entry to comply with the above "Photo Requirements" and "Photo Entry Content Restrictions," as determined by Sponsor, in its sole discretion, may result in disqualification of entrant. Without limitation, Sponsor reserves the right in its sole discretion to disqualify any entry that, in their sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Sweepstakes or any other person or entity, does not comply with these Official Rules or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein. Photo entries must be suitable for presentation in a public forum, in sole determination of Sponsor.
- Prize Drawings: Administrator’s decision as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. Administrator will randomly select the potential Sweepstakes winner from all eligible entries received during the Entry Period, on or around seven (7) days following the end of the Entry Period set forth in Section 3. The potential winners will be notified by direct message via Instagram and asked to contact Sponsor to complete the awards process. If a potential winner of any prize cannot be contacted, fails to provide any requested information, within the required time period (if applicable), or the prize is returned as undeliverable, the potential winner forfeits the prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only one (1) alternate drawings will be held, after which the prize will remain un-awarded. The prize will be fulfilled approximately four (4) weeks after the conclusion of the Sweepstakes.
- Prizes and Approximate Retail Value (“ARV”): There shall be one (1) prize awarded during the Entry Period (the “Prize”) consisting of one online gift card to pier1.com in the amount of $500.00 ( the “Pier 1 Gift Card”) The total ARV of all prizes is $500.00.
Pier 1 Gift Card terms and conditions apply. Pier 1 Gift Cards can be used to purchase merchandise at pier1.com. Pier 1 Gift Cards have no expiration date. Pier 1 Gift Cards may not be redeemed for cash.
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 a prize 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. Odds of winning a prize depend on the number of eligible entries received during the Entry Period.
- Release: By receipt of any prize, winners agree to release and hold harmless Sponsor, Administrator, and Instagram, and their respective 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 Sweepstakes or receipt or use or misuse of any prize.
Publicity: Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
- General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages 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.
- Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, or by any of the equipment or programming associated with or utilized in the Sweepstakes; (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 entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) 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 Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
- Disputes: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, other than those concerning the administration of the Sweepstakes or the determination of winner or for any disputes arising from the loss or injury from the participation in a prize, shall be resolved individually, without resort to any form of class action; (ii) any disputes arising out of these Official Rules (except for any disputes arising from the loss or injury from the use of Prizes) shall be submitted to final, binding arbitration conducted in Tarrant County, Texas, under the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services Inc. before a single, neutral arbitrator who is a former or retired Texas state or federal court judge with experience in entertainment matters who shall Texas law and the Federal Rules of Evidence and have no authority to award punitive damages. Either party may enforce a final arbitration award in any court of competent jurisdiction in Tarrant County, Texas, including an award of costs, fees and expenses incurred in enforcing the award. Notwithstanding the foregoing, Sweepstakes Entities shall be entitled to seek injunctive relief (unless otherwise precluded by any other provision of these Official Rules) in the state and federal courts of Tarrant County, Texas. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of these Official Rules), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in Texas; (iii) any and all claims, judgments and awards shall be limited to actual out-of- pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 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 Texas, without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas..
- Winner List: For the Sweepstakes Winner’s names (available after August 1, 2021), send a hand-printed, self-addressed, stamped envelope by October 15, , 2021 to: Winner’s List, Pier1ofakind Sweepstakes, Pier 1 Online Imports, Inc, 1680 Michigan Avenue, Ste. 700, Miami Beach, Florida 33139.
- 14. Sponsor and Administrator: Pier 1 Online Imports, Inc., 1680 Michigan Avenue, Ste. 700, Miami Beach, Florida 33139