Silk + Sonder x Call Me Kat Sweepstakes Rules
NO PURCHASE OR PAYMENT NECESSARY TO WIN
The following promotion is intended for participants in the fifty (50) United States and Washington, D.C. only and shall be construed and evaluated according to the laws of the United States. Do not proceed in this promotion if you are not a legal resident of the fifty (50) United States or Washington, D.C. Further eligibility restrictions are contained in the official rules ("Official Rules") below. Entrants are providing information to Silk and Sonder, Inc. and not to Facebook or Instagram. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK OR INSTAGRAM.
- DESCRIPTION: “The Silk + Sonder x Call Me Kat Sweepstakes” (the "Sweepstakes") begins at approximately 9:00 am Pacific Time (“PT”) on Monday, January 3, 2022 and ends on Sunday, January 10, 2022 at 11:59 pm PT (“Sweepstakes Period”). The Sponsor of this Sweepstakes is Silk and Sonder, Inc., 338 Spear Street 4A, San Francisco CA 94105. The administrator of this Sweepstakes is Silk + Sonder ("Administrator"), 338 Spear Street 4A, San Francisco, CA 94105. The Sweepstakes is in no way sponsored, endorsed or administered by Fox Broadcasting Company, LLC (“Fox”), Call me Kat, Fox Corporation, the producers of Fox’s programs, their respective parents, divisions, affiliated companies, subsidiaries, licensors, licensees, successor and assigns, stations affiliated with Fox, each advertiser, sponsor and their advertising agencies and each of the foregoing entities’ directors, officers, employees and agents (collectively, the “FOX Entities”).
- ELIGIBILITY: Sweepstakes is open only to legal residents of the fifty (50) United States and Washington, D.C. (i.e., excluding Guam, Puerto Rico and all other U.S. territories and possessions), who are physically located and residing therein. Each "Entrant" must be at least eighteen (18) years of age and have reached the age of legal majority in his or her jurisdiction of residence. Entrant must be a registered Facebook or Instagram user for entry. Registration on Facebook and Instagram is free and can be obtained at www.facebook.com and at www.instagram.com. Entrant must be the rightful owner (or have authorized use) of the Instagram or Facebook account associated with the entry. In the event of a dispute as to the identity of a winner, the winner will be deemed the natural person in whose name the email account associated with the Instagram account was opened. Employees, shareholders, officers, directors, agents, and representatives of Sponsor, Administrator, Fox (collectively, "Sweepstakes Entities") and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives and promotion and advertising agencies are not eligible to participate in the Sweepstakes. Immediate family and household members of such individuals are also not eligible to enter or win. For purposes of the Sweepstakes, "Household Members" shall mean those people who share the same residence at least three months a year and "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. Void where prohibited.
- HOW TO ENTER: During the Sweepstakes Period, log into your Instagram account or Facebook account and visit the Sponsor’s “Instagram Page” or “Facebook Page” at https://www.instagram.com/silkandsonder/ or at https://www.facebook.com/silkandsonder/.
- If you aren’t already a follower of the Instagram Page or Facebook Page, click “follow”; and
- Then respond as directed to one of the Sweepstakes “Entry Posts” with your Submission in the form of a public comment, a public like, and a follow ;
- Your comment must be public for you to receive one (1) entry into the Sweepstakes.
Each Submission must meet the following “Submission Requirements”. Any Submission that, in Sponsor’s sole and absolute discretion, violates the following criteria will be disqualified:
- Submission must NOT include prominent mention or depiction of any copyrighted material (including but not limited to music, video games, films, books, television programming, etc.) and must not infringe on any third-party trademarks (including, but not limited to third party elements, brand names, product names, logos, insignia, location signage, photographs, artwork, etc.) EXCEPT for characters, elements, and all other intellectual property associated with the television series “Call Me Kat” (“Call Me Kat”);
- Submission must NOT contain material which is (or promoting activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or material that contains any derogatory references to any of the Sweepstakes Entities;
- Submission must NOT include materials that violate or infringe another person's rights, including, but not limited to, privacy, publicity or intellectual property rights.
IMPORTANT: Your Submission may appear in the Sponsor’s social media stream. Be sure you are comfortable with your Submission before submitting. If you do not want your Submission to be made public, do not enter the Sweepstakes. Sweepstakes Entities reserve the right to request that an Entrant edit or completely remove any content that may intentionally or unintentionally violate the Official Rules. Sweepstakes Entities will determine in their sole discretion which Entries have satisfied the eligibility requirements.
Entries must be received by 11:59 pm PT on January 9, 2022. Entries generated by a script, macro or other automated means will be disqualified. Entrants must be able to receive direct messages or post comments via Facebook or Instagram for valid entry. Incomplete, unreadable, or unintelligible entries will be disqualified. All information provided by Entrants becomes the property of Sponsor. ELIGIBLE ENTRANTS MUST SUBMIT THE REQUESTED ENTRY INFORMATION IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. Participation in the Sweepstakes constitutes Entrant's understanding of, full and unconditional agreement to, and acceptance of these Official Rules. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules. Sponsor's decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally. Sponsor has the right to change the Sweepstakes Period, and all other dates or deadlines set in connection with this Sweepstakes, at any time and in its sole discretion and notice will be posted on these Official Rules.
- ODDS: Odds of winning depend on the number of eligible entries received during the Sweepstakes Period.
- WINNER SELECTION AND NOTIFICATION: The potential “Winners” will be selected by the Administrator via random drawing from all eligible entries received during the Sweepstakes Period within approximately five (5) business days of the end of the Sweepstakes Period. The potential Winners will be contacted via Facebook or Instagram, either by direct message or a public-facing comment on the Entry post. Each potential Winner will be required to respond (as directed by the Administrator and/or Sponsor) to the notification within forty-eight (48) hours (or a shorter time if required by exigencies) of first attempted notification. The failure to respond timely to the notification may result in forfeiture of the prize and the Administrator will randomly select an alternate potential winner from the remaining eligible entries. Potential Winners will be required to verify address and phone number and complete, sign, and return within forty-eight (48) hours (or a shorter time if required by exigencies) an affidavit of eligibility, a liability release, and, unless prohibited by law, a publicity release and other legal documents as may be required by Sponsor in its sole discretion (collectively, the "Prize Claim Documents") covering eligibility, liability, advertising, publicity and media appearance issues. Failure to return the Prize Claim Documents within the specified time period may result in forfeiture of the prize and selection of an alternate winner from the remaining eligible entries for that prize.
A prize will not be awarded/fulfilled until all such properly executed documents are returned. Sponsor, in its sole discretion, will attempt to contact up to twenty (20) potential winners of a prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. Administrator reserves the right to disqualify anyone not fully complying with the Official Rules.
- PRIZE DESCRIPTION:
Approximate Retail Value (“ARV”)
One (1) Silk + Sonder Self-Care Gift Set (ARV $56.00) and one (1) Call Me Kat Coffee, Cats, Weekends Sweater (ARV $35, Silk + Sonder Quarterly Gift Cards,
Cumulative value of all prizes to be awarded in the promotion is $2,900.
All prize details are at the sole discretion of the Sponsor. Prize winners cannot assign or transfer a prize to another person. If a prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize of equal or greater retail value may be awarded, in the Sponsor’s sole discretion. If a winner cannot accept a prize, or any portion thereof, as stated, the prize may be forfeited at the sole discretion of Sponsor. The value of the prize represents Sponsor’s good faith determination of the maximum retail value thereof. No refunds or credit for changes are allowed. Winners will be solely responsible for all federal, state and/or local taxes, if applicable, and for any other fees or costs associated with the prize they receive. The stated ARV of each prize is based on available information provided to Sponsor and the value of the prize awarded to a winner may be reported for tax purposes as required by law. If a prize is valued at $600 or more, the winner must provide Sponsor with a valid social security number before the prize will be awarded for tax reporting purposes and an IRS Form-1099 may be issued for the actual value of the prize received. Other restrictions may apply. If prize is awarded but goes unclaimed or is forfeited by recipient, the prize may not be re-awarded, in Sweepstakes Entities’ sole discretion.
- CONDITIONS OF PARTICIPATION/RELEASES: Sweepstakes is void where prohibited or restricted by law. All federal, state and local laws and regulations apply. By participating, each Entrant agrees to be bound by these Official Rules and the decisions of the Sponsor and Administrator, which shall be final in all respects. By participating in this Sweepstakes and/or by accepting any prize that he or she may win, each Entrant agrees to release the Sweepstakes Entities, the FOX entities, and all entities involved in the production, sponsorship and/or promotion of the prize or Sponsor’s programming, or any part thereof, and each of their respective parent, subsidiary and affiliated companies, units and sponsors, divisions and advertising and promotional agencies and prize suppliers; and each of these companies and individuals' respective successors, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Sweepstakes and/or acceptance or use of any prize. Each Entrant authorizes the Sweepstakes Entities to use his/her name, voice, likeness, biographical data, city and state of residence, social media profile, and entry materials in programming or promotional material, worldwide in perpetuity, or on a winner's list, if applicable, without further compensation unless prohibited by law. Sweepstakes Entities 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 Sweepstakes Entity’s sole discretion, without further obligation or compensation. The Released Parties shall not be liable for: (i) late, lost, delayed, damaged, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, release forms, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any and all losses, damages, rights, claims and actions of any kind in connection with or resulting from participation in the Sweepstakes; (v) acceptance, possession, grant, use of or participation in any prize or related prize event, including without limitation, personal injury, death and property damage arising there from; (vi) claims based on publicity rights, defamation or invasion of privacy; or (vii) any printing, typographical, human administrative or technological errors in any materials associated with the Sweepstakes. Sweepstakes Entities disclaim any liability for damage to any computer system resulting from participating in or accessing or downloading information in connection with this Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes (or any portion thereof) should a virus, bug, computer problem, unauthorized intervention or other cause or problem corrupt or inhibit the administration, security or proper play of the Sweepstakes and, in such situation, to select the winner(s) from among all eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Sponsor. Sponsor may prohibit you from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines you are attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or any other unfair playing practices or intending to annoy, abuse, threaten or harass any other players or Sponsor's representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE SWEEPSTAKES. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
- INDEMNITY: Winner shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with: (a) Winner’s participation in the Sweepstakes; (b) a breach or allegation which if true would constitute a breach, of any of Winner’s representations, warranties or obligations herein; and (c) acceptance, possession, grant, participation in, or use of any prize, including without limitation, personal injury, death and property damage arising therefrom.
- DISPUTES: This Sweepstakes is governed by the laws of the United States and the State of California, without respect to any choice of law or conflict of law principles that would result in the application of any law other than that of California. As a condition of participating in this Sweepstakes, Entrants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Sweepstakes, shall be resolved individually through binding arbitration, without resort to any form of class action, in accordance with the arbitration provision set forth below.
- ARBITRATION PROVISION: By participating in this Sweepstakes, each Entrant agrees that (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) the entrant may have against Sponsor arising out of, relating to, or connected in any way with the Sweepstakes, the awarding or redemption of any prize and/or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Los Angeles, California; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Terms and Conditions and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Sweepstakes; (5) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only the entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and the entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on the entrant’s behalf, subject to ultimate allocation by the arbitrator. In addition, if entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
- WINNER LIST/OFFICIAL RULES: To obtain a copy of the Winner list or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to the Silk and Sonder, Inc., 338 Spear Street 4A, San Francisco CA 94105. Winner list requests must be received no later than January 15, 2022. Vermont residents may omit return postage.
This Sweepstakes is in no way sponsored, endorsed or administered by Facebook or Instagram. Facebook and Instagram are completely released of all liability by each Entrant in this Sweepstakes.