Grand Merch Giveaway

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

OPEN TO ELIGIBLE LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA WHO, AS OF THE TIME OF ENTRY, ARE AT LEAST THE AGE OF MAJORITY IN THEIR JURISDICTION.

• Sponsor; Eligibility. The Grand T-Shirt Giveaway (the “Giveaway”) is a sweepstakes sponsored by the Sponsor identified on the Entry Page (“Sponsor”) and open only to individuals who are at least the age of majority in their jurisdiction at the time of entry and are legal residents of the 50 United States or the District of Columbia. Void where prohibited or restricted by law. The following individuals are not eligible to enter or win a Prize: employees, contractors, representatives, agents, directors, and officers of the Sponsor, of any legal entity owned or controlled by the Sponsor, or of Artfia, Inc. (“Prize Provider”); their respective parent, subsidiary, or affiliated companies; their marketing agencies; any other parties involved in the administration of the Giveaway; each of the immediate family members of these excluded individuals (i.e., spouses, parents, children, and siblings and the “steps” of each); and all persons living in the same household of each (collectively, the “Giveaway Parties”). By participating in this Giveaway, entrants agree to be bound by these official rules (“Official Rules”) and by the decisions of the Sponsor in all matters relating to the Giveaway.

• Social Media: This Giveaway is in no way sponsored, endorsed or administered by, or associated with, WordPress, YouTube, Instagram, Facebook, Twitter, Pinterest or any other social media platform; if you learned about or entered the Giveaway through any such platform, and have any questions, comments or complaints regarding the Giveaway, please direct these to Sponsor and not to the social media platform or Prize Provider. You hereby release WordPress, YouTube, Instagram, Facebook, Twitter, Pinterest (and any other social media platform through which you learned about or entered the Giveaway) from all claims arising out of, or in connection with, this Giveaway, including claims related to the accuracy, usefulness, safety, or intellectual property rights of or relating to any content you encounter, and you acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable.

  If you are accessing this Giveaway through YouTube, please review these YouTube Community Guidelines; entries which don’t comply will be disqualified.

• Giveaway Period. The entry period for the Giveaway commences on the Start Date, and ends on End Date, stated on the Entry Page (“Entry Period”). All entries must be received by 11:59:59 PM ET on the End Date to qualify. Sponsor’s computer is the official time keeping device for the Giveaway.

• How to Enter. NO PURCHASE NECESSARY AND NO ENTRY FEE, PAYMENT OR PROOF OF PURCHASE IS NECESSARY TO PARTICIPATE or will increase your chance of winning. To enter the Giveaway:

  • Step 1: During the Entry Period, visit the Entry Page [Link].
  • Step 2: Enter your name, social media handle, email address, telephone number and shipping address.
  • Step 3: Follow the instruction to complete your entry.

  You will obtain one (1) entry for the completed entry described in Step 2 above. You can obtain a maximum of one (1) entry for this Giveaway.

  Entries must not: disparage the Sponsor, Prize Provider or any other person or party affiliated with the promotion and administration of this Giveaway; contain personally identifiable information in any public post; contain material that is inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous, as determined by Sponsor in its sole discretion; or contain material that is unlawful in any jurisdiction where entry is created.

  Compliance with the entry requirements will be determined by Sponsor in its sole discretion. Entries that violate these entry requirements, as determined by Sponsor in its sole discretion, will be disqualified from the Giveaway.

  The entrant must be the rightful owner of the e-mail address entered into the Giveaway. In the event of a dispute as to the identity of a winner, the winner will be deemed to be the natural person in whose name the applicable e-mail account is registered. In the event of a discrepancy between the identity of the authorized account holder, the “winner,” and the entrant, Sponsor reserves the right, in its sole discretion, to determine whether the entry is valid or to declare the entry invalid and select an alternate winner. 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 or logins, or any other methods, will void that entrant's entries and may disqualify that entrant. Use of any automated system to participate is prohibited and will result in disqualification.

  NOTE: If an entrant participates from his or her cellular phone, the entrant’s cellular service provider may charge the entrant for each text message sent and received. Entrants should consult their cellular service provider regarding its pricing plans. Message and data rates may apply.

• Winner Selection and Notification. Within 10 days of the End Date, one (1) winner will be randomly selected by the Prize Provider from all eligible entries received during the Entry Period and notified by message sent to the email address included by the winner in the entry form.

• Prizes and Prize Claim.
  One (1) winner will win the Prize identified on the Entry Page (the “Prize”), which will have the approximate retail value stated there.

  Sponsor has neither made nor is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Prize, including but not limited to its quality, condition, or fitness for a particular purpose.

  Odds of winning depend on number of entries received. Winner is subject to verification, including of age and residency. Limit one (1) Prize per winner. The Prize is non-transferable and no Prize substitution is permitted, except at the sole discretion of the Sponsor. If the Prize cannot be awarded for any reason, Sponsor reserves the right in its sole discretion to substitute an alternative prize of comparable or greater value. The value of the Prize may be taxable as income to the winner, and the winner is solely responsible for any federal, state, local, or other applicable taxes associated with the acceptance and use of the Prize. All costs and expenses associated with Prize acceptance and use not specifically provided herein are the responsibility of the winner.

  As a condition of receiving a Prize, the winner must sign and return any documents requested by Sponsor, including but not limited to, an affidavit of eligibility and publicity/liability release. Failure to sign and return any requested documents by the specified return date will result in disqualification of the winner and the forfeiture of that winner’s interest in the Prize (unless prohibited by law). The winner will be issued an IRS Form 1099 in the amount of the actual retail value of the Prize and must provide Sponsor with his/her valid Social Security Number or Taxpayer ID for tax reporting purposes.

  Within one (1) week of notification regarding Prize winning, the winner must provide a valid mailing address and phone number to Sponsor, which Sponsor will share with Prize Provider to enable Prize Provider to coordinate shipping and mail the Prize to the winner. Prize Provider will pay the cost of mailing the Prize to the winner. The method of shipping and the carrier will be determined by Prize Provider. If the winner (i) is determined to be ineligible, (ii) fails to respond to the initial verification message within one (1) week of notification or after three (3) attempts (whichever occurs first), (iii) fails to provide a valid mailing address within one (1) week of receipt of notification regarding Prize winning, or (iv) fails to sign and return all requested documents by the specified return date, the winner forfeits the Prize in its entirety (unless prohibited by law) and an alternate winner will be selected based upon a random drawing of the other eligible entries received during the Entry Period. If Sponsor has selected three (3) potential winners pursuant to the procedure set forth above, and none completes the requirements herein, then the Giveaway will terminate, and no Prize will be given.

• Special Rules Concerning Prize Provider. Prize Provider retains all ownership rights in any designs created by its designers and may not be used by you or the Sponsor without Prize Provider’s express written consent. PRIZE PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO ANY CAMPAIGN, MERCHANDISE OR SERVICE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

  The Prizes may contain images, artwork, fonts and other content or features (“Service Content”) that are protected by intellectual property rights and laws. You agree not to modify, copy, frame, rent, lease, loan, sell, distribute or create derivative works based on the Service Content, in whole or in part. Any use of the Service Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Prize Provider.

  The Prize Provider’s name and logos are trademarks and service marks of Prize Provider. Other company, product and service names and logos used and displayed via Prize Provider’s services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Prize Provider.

  Under no circumstances will Prize Provider be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content or materials. The Prize Provider’s service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Prize Provider has no control over such sites and resources and is not responsible for and does not endorse such sites and resources. Prize Provider will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Prize Provider’s service are between you and the third party, and you agree that Prize Provider is not liable for any loss or claim that you may have against any such third party.

• Publicity. Except where prohibited by law, each winner’s acceptance of the Prize constitutes permission for Sponsor, Prize Provider, and their respective agents to – and by accepting the Prize the winner grants these persons a worldwide, royalty-free, non-exclusive and sub-licensable right and license to – use, distribute, and publicly display the winner’s name and likeness in any way, at any time, in any and all media, including for use in advertising and marketing, without limitation and without any additional approval or consideration.
• Limitation of Liability and Release. By participating in the Giveaway entrants agree to release and hold harmless the Giveaway Parties from and against (a) lost, late, misdirected, damaged, stolen, altered, garbled, incorrect, incomplete or delayed entries, all of which will be void; (b) problems related to unauthorized human intervention; or to technical malfunctions of electronic equipment, computer online systems, servers, or providers, computer hardware or software failures, phone lines, traffic congestion on the internet or any website; or to any other technical problems including without limitation telecommunication failures or failed, lost, delayed, incomplete, garbled, or misdirected communications that prevent or interfere with the timely receipt of an entry or otherwise limit an entrant’s ability to participate in this Giveaway; (c) any other errors or malfunctions of any kind, whether network, mechanical, typographical, human or otherwise, relating to or in connection with the Giveaway or its administration, including without limitation errors or malfunctions in the processing of entries, the announcement of the Prize or any Giveaway-related materials; or (d) ANY OTHER CLAIM, LIABILITY, OR CAUSE OF ACTION, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, OR LIABILITY FOR ANY TAXES AND FEES, ARISING OUT OF PARTICIPATION IN THE GIVEAWAY OR RECEIPT OR USE OR MISUSE OF ANY PRIZE (EVEN IF THE PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE). THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

• Sponsor’s Reservation of Rights. Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process or otherwise violates these Official Rules. In addition, any attempt by an individual, whether or not a participant, to deliberately undermine the legitimate operation of this Giveaway may violate criminal and civil laws, and should this be attempted, Sponsor reserves the right to seek damages and diligently pursue all remedies against any such individual to the fullest extent permitted by law.

  Sponsor reserves the right, at its sole discretion, to cancel, suspend, or modify the Giveaway if the Giveaway can’t be run as planned for any reason, including without limitation a force majeure event or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Giveaway. In the event of cancellation, suspension, or modification, Sponsor reserves the right to award the Prize by random drawing from all eligible entries received prior to cancellation. In the event an entry is confirmed to have been erroneously deleted, lost or destroyed, entrant’s sole remedy shall be another entry into the Giveaway.

• Governing Law and Jurisdiction/Dispute Resolution. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules. By entering, entrant consents to the jurisdiction and venue of the Federal, state and local courts located in San Francisco, California for the resolution of all disputes, and agrees that any and all disputes shall be resolved exclusively in those courts. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the Federal, state and local courts located in San Francisco, California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but not attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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.

• Privacy. Any personally identifiable information collected during an entrant’s participation in the Giveaway will be collected by Prize Provider or its designees and used and disclosed by Prize Provider (including disclosure of your information to Sponsor) for the proper administration and fulfillment of the Giveaway and as otherwise described in these Official Rules or in the Privacy Notice for the Artfia Giveaway Program, which may be reviewed here (the "Privacy Notice"), which incorporates Prize Provider's general privacy policy, available at https://Artfia.com/policies/privacy (the "General Privacy Policy"). By submitting your personally identifiable information, you accept and agree to the terms of the Privacy Notice and the General Privacy Policy.

• Winners List. For the name of the GIveaway winner, send an email to the address shown on the Entry Page. Requests must be received no later than sixty (60) days after the end of the Entry Period.

• Notice for Users in California. Under California Civil Code Section 1789.3, users of any Artfia services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Artfia, Inc., 77 Geary Street, Suite 500, San Francisco, CA 94108.