Dyrdek Machine x Do-Or-Dier Visionary Foundation x Russell Athletic Office Sweepstakes Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
IF YOU DO NOT AGREE TO THIS AGREEMENT, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER SPECIFIED HEREIN, YOU SHOULD NOT PARTICIPATE IN OUR SWEEPSTAKES IN ANY WAY. ENTRY OF THE SWEEPSTAKES IS OFFERED TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THESE TERMS AND CONDITIONS.
1. Eligibility: To be eligible for entry into the Dyrdek Machine x Russell Athletic Sweepstakes (the “Sweepstakes”), as of the start of the Sweepstakes Period (defined below), entrants must (i) be legal residents of the United States, (ii) have valid Instagram accounts and internet access, (iii) and be at least eighteen (18) years old. Entrant eligibility is wholly conditioned on your full acceptance to all terms and conditions herein without modification or amendment.
Officers, directors and employees of Dyrdek Machine LLC. (“Sponsor”), Russell Athletic, and each of their partners, affiliated companies, advertising and promotion agencies are not eligible to participate (collectively, the “Sweepstakes Entities”), and each of their immediate family members and/or those living in the same household (whether legally related or not) of each, as well as individuals who are employed by any local, state or federal government office or agency, elected officials and individuals listed on the OFAC Specially Designated Nationals and Blocked Persons (SDN) List are not eligible to enter or win. Winning the prize is contingent upon fulfilling all requirements set forth herein. The Sweepstakes is void where restricted or prohibited by law. 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. The Sweepstakes is subject to all federal, state, and local laws. Sweepstakes is in no way sponsored, endorsed, approved or administered by, or associated with Instagram.
If you are acting within the scope of your employment, as an employee, contractor, or agent of another party, you warrant that such party has full knowledge of your actions and has consented thereto. You further warrant that your actions do not violate your employer or company’s policies and procedures.
2. Sponsor: Dyrdek Machine, LLC., 400 South Beverly Dr, Penthouse, Los Angeles, CA 90212.
3. Sweepstakes Period: Entries will be accepted online starting from the time that these Sweepstakes are announced on both the Dyrdek Machine Instagram account (@dyrdekmachine) and Russell Athletic Instagram account (@russellathletic) (collectively, the “Sweepstakes Post”) and ending on the seventh day thereafter, at 11:59 p.m. EST, as defined by the Sweepstakes Post (the “Sweepstakes Close”) (overall, referred to as the “Sweepstakes Period”). Any entries timestamped after the Sweepstakes Period will not be eligible for the Sweepstakes Prize. Sponsor’s computer or that of its designee is the official timekeeper for this Sweepstakes. Entrants are responsible for determining the appropriate beginning and ending times in their respective time zones.
4. How to Enter: The Sweepstakes may only be entered in compliance with these terms and condition and by completing all actions as instructed by the Sweepstakes Post on the Dyrdek Machine and/or Russell Athletic Instagram account. In order to be eligible, during the Sweepstakes Period, you must do the following:
- Follow both @dyrdekmachine and @russellathletic on Instagram;
- “Like” the Sweepstake Post;
- Email [email protected]. Please note: participants should not tag the Sweepstakes Photo. Tagging should occur only in the comments below the Sweepstakes Photo.
Ineligible entries include entries that fail to comply with these Official Rules, as well as those that are, in whole or in part, threatening, abusive, harassing, defamatory, libelous, hateful, embarrassing to another person or entity, deceptive, obscene, invasive of another's privacy, tortious, contain racial slurs, or contain explicit or graphic descriptions or accounts of, sexual acts, or are not within the spirit of the Sweepstakes, as determined by Sponsor in their sole discretion.
NOTE: Entries must be received during the Sweepstakes Period and remain visible to the Sweepstakes Entities at and after the close of the Sweepstakes Period to be eligible. Any use of automated, robotic, macro, programmed or similar quick-entry programs, or attempts to exceed the maximum activity levels permitted by Instagram’s terms of use, is prohibited and will result in disqualification. In case of dispute, entries will be declared made by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor will not verify receipt of entries.
5. Prizes & Approximate Retail Value (“ARV”): Sponsor will award two (2) prizes, each consisting of (i) two (2) Dyrdek Machine x Russell Athletic T-Shirts, (ii) two (2) Dyrdek Machine x Russell Athletic Long Sleeve T-Shirts, and (iii) one (1) Dyrdek Machine x Russell Athletic Hoodie for use by the winner and the individual who is the registered owner of the Instagram account tagged in the winning Sweepstakes entry (together, hereafter referred to as the “Winners”). The total ARV of each prize is $77.00. The specifics of the prize, including style of the t-shirt, long sleeve t-shirt, and hoodie shall be solely determined by Sponsor. Prize is awarded as-is, please see manufacturer for warranty issues. Actual retail value may vary and Sponsor will not award the difference between the ARV and actual value. Sponsor reserves the right to not seek an alternate potential prize winner in the event that the Winners originally selected ignore or fail to receive the prize notification in a timely manner, are disqualified or unable to accept the prize, at Sponsor’s sole discretion. Prizes are non-transferable and are not redeemable for cash. No prize substitutions allowed, except that Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value if advertised prizes become unavailable. Prizes may not be sold, bartered, or exchanged by the Winners. The Winners must look to the prize manufacturer for warranty issues; Sponsor is not liable for performance of the prize. All details of any prize not specified herein shall be determined solely by Sponsor. By accepting a prize, the Winners agree to, and acknowledge compliance with, these Official Rules. All federal, state, or other tax liabilities arising from this Sweepstakes are the sole responsibility of the Winners. Sponsor may provide an IRS Form 1099 and W9 in the name of either Winner. Actual prize may differ from promotional images.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification: On or about the Sweepstakes Close, Sponsor or its designee will conduct a random drawing from among all eligible entries received during the Sweepstakes Period to select one (1) potential winning entry. Following the drawing, the potential winner who is the registrant of record for Instagram account responsible for the qualifying Instagram comment, and their friend, corresponding to the winning entry’s tag, will be notified using a direct message to their Instagram Accounts and a valid e-mail address will be requested. The potential Winners will also be asked to provide a mailing address to receive prizes, as instructed by Sponsor. If the potential Winners do not respond with the requested contact information, as instructed, within a twenty-four (24) hour period from when the notification is sent then both individuals may be disqualified and an alternate potential winning entry may be selected via a random drawing, if time permits. If Sponsor requests an email address and attempts to contact a potential winner via email, then such potential Winners must respond to and comply with the directions provided by such email, including but not limited to, providing all requested information, within a time specified in the email or such persons may be disqualified and an alternate potential winning entry may be selected via a random drawing, if time permits. All notification requirements, as well as other requirements within these Official Rules, will be enforced. Sponsor shall have no liability for a potential Winners’ failure to receive notices due to spam, junk e-mail or other security settings or for a potential Winners’ provision of incorrect or otherwise non-functioning contact information. NOTE: Potential Winners are subject to verification by Sponsor, whose decisions are final and binding in all matters related to the Sweepstakes. An entrant is not a Winner of any prize unless and until both entrant's eligibility has been verified and entrant has been notified that verification is complete. Receipt of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES OR APPLICABLE LAWS OR REGULATIONS, IN SPONSOR’S SOLE DISCRETION, WILL RESULT IN DISQUALIFICATION.
8. Privacy & Publicity: Except where prohibited by law, participation in this Sweepstakes and/or acceptance of any prize shall constitute and signify each Winners’ agreement and consent that Sponsor and its designees may use the Winners’ name, city, state, likeness, photo, entry and/or prize information in connection with the Sweepstakes for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Entry in the Sweepstakes constitutes consent to the transfer of the personal information collected from the entrant to the Sponsor for the purposes of administering the Sweepstakes and for such other purposes to which entrant may consent as outlined herein or in any other applicable website terms. All information submitted to Sponsor as part of this Sweepstakes will be treated in accordance with the privacy policy located at https://dyrdekmachine.com/privacy-policy.
9. Release: By entering and/or by receipt of any prize, each entrant agrees to indemnify, defend, release, not to sue, and hold harmless the Sweepstakes Entities, Instagram, and their respective parent companies, 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 and all liability, claims, losses, damages, demands, penalties and expenses, or causes of action, of any kind or nature whatsoever, in law or equity, whether known or unknown, which entrant (or entrant’s successors-in-interest, heirs and/or agents) ever had, now have, or in the future may have against the Released Parties, including, but not limited to, personal injury, death, theft, damage to or loss of property, or any other harm arising out of or related to any statement, action or failure to act by entrant during or in connection with his/her participation in the Sweepstakes or any Sweepstakes related activity; any breach or alleged breach of these Official Rules or of any other documents required by Sponsor; the use of any of the rights granted herein (including, without limitation, the use and exploitation of the entrant’s name, address [city and state], biographical information, statements, voice, photograph and/or other likeness); any malfunction or other problem with any Sweepstakes website or webpage; any error in the collection or retention of entry information; and any typographical or other error in the printing, offering or announcement of any prize; or acceptance, possession, receipt, use, or misuse of any prize.
10. General Conditions: By entering, each entrant agrees to be bound by these Official Rules and any other documents required by Sponsor herein and by the decisions of the Sponsor, and to waive any right to claim ambiguity in this Sweepstakes, the Official Rules or any other documents required by Sponsor herein. If for any reason this Sweepstakes is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity, fulfillment or proper conduct of the Sweepstakes, Sponsor reserves the right in its sole discretion to terminate, modify or suspend the Sweepstakes and to select the Winners from those eligible entries received up to the time of the termination/suspension. Sponsor may also disqualify or prohibit an entrant from participating in the Sweepstakes or winning a prize in this or any other promotion conducted by Sponsor if, at its sole discretion, it determines that said entrant has violated the Official Rules or has threatened or 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’s representatives. ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSE-CUTION.
11. Limitations Of Liability: Released Parties are not responsible or liable for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors 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) printing, typographical, technical, computer, network or human error which may occur in the administration of the Sweepstakes, the announcement of the prizes or in any Sweepstakes-related materials; (5) late, lost, undeliverable, damaged or stolen entries; or (6) 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 (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof.
12. Disputes: Except where prohibited, entrant agrees that: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES, THESE OFFICIAL RULES, OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) all such disputes will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect; (3) any arbitration shall be heard by one arbitrator to be selected in accordance with the AAA Rules, in San Francisco County, California; (4) unless both entrant 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; (5) judgment upon any award rendered may be entered in any court having jurisdiction thereof; and (6) any award or judgment shall be subject to all limitations and releases set forth in these Official Rules and be limited to actual out of pocket damages, and shall not, in any event, include any punitive, exemplary, consequential or incidental damages, attorney’s fees or costs of bringing a claim, or any injunctive or other equitable relief. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMTIATIONS OR EXCLUSION OF LIABILITY FOR INCIDDENTIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
13. Governing Law: 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 California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
14. Winners List & Rules: The Winners acknowledge and agree by entry, that they may be announced as winning participants on any social media platform or website owned or under control of any of the Sweepstakes Entities after Winner confirmation is complete. To receive the Winners list or an additional copy of these Official Rules, send a self-addressed, stamped envelope within (60) days of the Sweepstakes Close, to: Dyrdek Machine, LLC., ATTN: Dyrdek Machine x Russell Athletic Sweepstakes, 400 South Beverly Dr., Penthouse, Los Angeles, CA 90212. Please specify “Rules” or “Winners List.” You may also view the Official Rules at [INSERT OFFICIAL RULES URL]. Vermont residents need not include postage.
© 2022 Dyrdek Machine, LLC. All rights reserved.
Any third party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third party trademarks in these Official Rules or in the Sweepstakes is solely for descriptive purposes and shall in no way imply an endorsement or Sponsorship of the Sweepstakes. You are providing your information to the Sponsor and the information you provide will be used in accordance with the Official Rules of this Sweepstakes and respective privacy policies of the Sweepstakes Entities.