#DickiesWorkwear Sweepstakes (“Sweepstakes”)
2017 OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR THE UNITED STATES. DO NOT ENTER IF YOU ARE NOT 18 YEARS OF AGE OR OLDER (19 IN AL AND NE) AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. VOID WHERE PROHIBITED. SUBJECT TO ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS.
- ELIGIBILITY: Open to legal residents of the fifty (50) United States and the District of Columbia (D.C.), who are 18 years of age or older and of the legal age of majority in their state of residence (19 in Alabama and Nebraska) at the time of entry. The following individuals are not eligible to enter or win a prize: employees, contractors, directors, and officers of the Williamson-Dickie Manufacturing Company (“Sponsor”), its parent, subsidiary and affiliated companies, and the web design, advertising, fulfillment, legal, administrative, and sweepstakes agencies involved in the administration, development, fulfillment, and execution of this Sweepstakes (collectively, “Sweepstakes Parties”), and the immediate family members (spouse, parent, child, sibling, grandparent, and spouse or "step" of each) and those living in the same household of each such person (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Sweepstakes). Void where prohibited.
- SWEEPSTAKES PERIOD: Sweepstakes begins on May 5, 2017 at 12:01:00 a.m. Central Time (“CT”) and ends on July 2, 2017 at 11:59:59 p.m. CT (the “Sweepstakes Period”). The Website server is the official clock for this Sweepstakes.
- TO ENTER: There are four (4) methods of entry for this Sweepstakes:
Access the Sponsor’s Facebook Page from the Website: Click the link to visit the Sponsor’s Facebook page from the Website during the Sweepstakes Period to receive one (1) entry into the Sweepstakes.
Facebook: Log into your account at www.Facebook.com (also the “Website”) (or create a free account if you do not already have one) and post one (1) photo [of what?] on the Sponsor’s Facebook page at www.facebook.com/dickies/ with the hashtags #DickiesWorkwear and #entry during the Sweepstakes Period to receive one (1) entry into the Sweepstakes. Your post must include both of the required hashtags to receive an entry.
Instagram: Visit the Website and follow the on-screen instructions to log into your Instagram account at www.Instagram.com (also the “Website”) (or create a free account if you do not already have one). Then follow the on-screen instructions to post one (1) Instagram post with the supplied image from the Website, tag @dickiesofficial and include the hashtags #DickiesWorkwear and #entry during the Sweepstakes Period to receive one (1) entry into the Sweepstakes. Your post must include both of the required hashtags to receive an entry. Your Instagram account must be public to enter via this entry method. If your account is set to “Private,” your entry may not be visible and you may not be able to receive any direct messages from the Sponsor.
Twitter: Log into your account at www.Twitter.com (also the “Website”) (or create a free account if you do not already have one), then follow @Dickies on Twitter and post one (1) Tweet [about what?] with the hashtags #DickiesWorkwear and #entry during the Sweepstakes Period to receive one (1) entry into the Sweepstakes. Your post must include both of the required hashtags to receive an entry. Your Twitter account must be public to enter. If your account is set to “Private,” your entry may not be visible and you may not be able to receive any direct messages from the Sponsor.
Important Notice: If you post photos or receive updates from Facebook, Twitter, or Instagram via your wireless device, standard data charges will apply. Please consult your data rate plan regarding pricing for data
Limit one (1) entry per person/email address/social media account for each method of entry outlined above for a total of four (4) entries per person/email address/social media account per day of the Sweepstakes. For purposes of this Sweepstakes, a “day” begins at 12:00:00 a.m. CT and ends at 11:59:59 p.m. CT, except the first day of the Sweepstakes which begins at 12:01:00 a.m. CT. Automated methods of entry are prohibited and any use of automated devices will cause disqualification.
Enter using only a Facebook, Twitter, or Instagram account registered in your name. In the event of a dispute regarding the identity of the entrant, the natural person associated with the email address and/or social media account provided with the entry will be considered the entrant. Entrants may not enter with multiple email address or social media accounts above the stated limit, nor may entrants use any other device or artifice to enter as multiple entrants. Any entrant who attempts to enter with multiple email addresses, or Facebook, Twitter or Instagram accounts, or who uses any device or artifice including robotic, repetitive, automatic, programmed or similar entry methods or agents to enter multiple times above the stated limit during the Sweepstakes Period will be disqualified and forfeits any and all prizes won, at Sponsor’s sole discretion. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. By participating, entrants agree to abide by and be bound by these Official Rules and the Sponsor’s decisions.
- REQUIREMENTS FOR ENTRY: Entries must be the original work of the entrant; must not infringe any third-party’s rights; must be suitable for publication (i.e., may not be obscene or indecent); must not contain obscene or pornographic material; may not contain defamatory statements; may not invade privacy, publicity, or other rights of any person, firm, or entity; may not in any other way violate applicable laws and regulations; may not infringe or include any reference to any third party trademarks, names, or third party logos (except that entrants may reference Sponsor’s trademarks and logos); and may not infringe any copyrighted works owned by third parties. Entries containing prohibited material or inappropriate content, or deemed to be in violation of these Official Rules or otherwise infringing, harmful, inappropriate, or defamatory, or generally not in keeping with the image of the Sponsor, as determined by the Sponsor in Sponsor’s sole discretion, may be disqualified and will not be eligible to participate in the Sweepstakes. Any entrant whose entry contains likenesses of third parties must be able to provide legal releases for Sponsor’s use of such entry, in a form satisfactory to the Sponsor, upon request, prior to award of prize and/or naming of entrant as a winner. By submitting an entry, entrants grant to Sponsor a non-exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, edit, delete, display, create derivatives works of, and otherwise exploit entrant’s name, likeness, voice, quotes, comments, biographical information, and/or entry, or any portion thereof, together with other materials, edited or altered as Sponsor sees fit, in any manner, in any media now known or hereafter devised, for advertising, trade, publicity, promotional and commercial purposes in connection with Sponsor, including, but not limited to, posts on social media pages, the Websites, and/or any other Sponsor website, without limitation and without any further right of approval, permission or compensation. By submitting an entry, entrants agree that Sponsor has no obligation to post any photographs, videos, or entries, or make use of the rights granted herein and may take down any entry at any time and for any reason. BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S WEBSITES AND SOCIAL MEDIA PLATFORMS IN SPONSOR’S SOLE DISCRETION.
- DRAWING AND ODDS OF WINNING: Nine (9) Grand Prize winners will be selected in a random drawing from among all eligible entries received during the Sweepstakes Period. Odds of winning depend on the number of eligible entries received. Drawing will be conducted on or about July 7, 2017 from among all eligible entries received, by a Sponsor representative, whose decisions shall be final and binding on all matters relating to the Sweepstakes.
- PRIZES AND APPROXIMATE RETAIL VALUES (“ARVs”):
Nine (9) Grand Prizes: a $100 Dickie’s gift card.
Total ARV of all prizes: $900.
- PRIZE RESTRICTIONS: Limit one (1) prize per person/email address/household. Prizes are non-transferable and no cash redemption or prize substitution permitted, except at the sole discretion of the Sponsor. If a prize, or any portion thereof, cannot be awarded for any reason, the Sponsor reserves the right in its sole discretion to substitute the prize (or a portion thereof) in whole or in part with a prize of equal or greater value. Gift cards are subject to the terms and conditions set by the issuer. Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive, regardless of whether prize, in whole or in part, is used.
- PRIZE CLAIM Winners are subject to verification, including verification of age. Potential Winners will be contacted via email; via private message on Facebook or Twitter; or via comment on entrant’s entry on Instagram, as applicable depending on the method of entry. It is the winners’ responsibility to timely set account settings to accept contacts by Sponsor and to timely check their account for such messages. Potential winners will be contacted on or about July 12, 2017 and will be required to respond within forty-eight (48) hours with the information requested. If any winner does not respond to a notification within forty-eight (48) hours of first notification attempt, prize may be forfeited and an alternate winner may be contacted in Sponsor’s sole discretion. Potential winners may be required to demonstrate ownership of the relevant social media account and/or entry, in Sponsor’s sole discretion. Sponsor is not responsible for any change to an entrants’ email address or social media account information. Unclaimed prizes will not be awarded.
- GENERAL CONDITIONS: INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION. If the Sweepstakes is not capable of running as planned for any reason, including without limitation, due to 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 Sweepstakes, Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process, and to cancel, modify, or terminate the Sweepstakes. In the event of cancellation, Sponsor will randomly award the prizes in a drawing from among all eligible, non-suspect entries received prior to cancellation. In the event that an entry is confirmed to have been erroneously deleted, lost or destroyed, entrant’s sole remedy shall be another entry into the Sweepstakes.
- LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Sweepstakes Parties, Facebook, Inc., Twitter, or Instagram (collectively, Releasees”) resulting from user's participation in, attempt to participate in, or download of any information in connection with participating in, the Sweepstakes. No responsibility or liability is assumed by the Sponsor or Sweepstakes Parties for technical problems or technical malfunction, including, without limitation, those arising in connection with any of the following occurrences that may affect the operation of the Sweepstakes: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless, or Internet connectivity, or other online communication problems; errors or limitations of any Internet service providers, servers, hosts, or providers; garbled, jumbled, or faulty data transmissions; failure of any email transmissions to be sent to or received; lost, late, delayed, or intercepted email transmissions; inaccessibility of the Websites in whole or in part for any reason; traffic congestion on the Internet or the Websites; unauthorized human or non-human intervention in the operation of the Sweepstakes, including without limitation, unauthorized tampering, hacking, theft, virus, bug, worm; or destruction of any aspect of the Sweepstakes. Sponsor is not responsible for any typographical errors in the announcement of the prize or these Official Rules, or any inaccurate or incorrect data contained on promotional materials or on the Websites. Use of the Websites is at the user’s own risk. Releasees are not responsible for any personal injury or property damage or any other losses of any kind that may be sustained to user's or any other person's computer equipment resulting from participation in the Sweepstakes, use of the Websites (or any other website), the download of any information from any website, or any other loss related to user’s participation in the Sweepstakes or receipt of any prize. As a condition of entering, entrants agree to release Sponsor, Sweepstakes Parties, Facebook, Inc., Twitter, and Instagram from any and all liability, loss, or damage incurred with respect to entrant’s participation in the Sweepstakes and the awarding, receipt, possession, and/or use or misuse of any prize.
- BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by 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, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THIS SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
- PUBLICITY: Except in Tennessee, and where prohibited by law, by accepting a prize, each winner grants permission for Sponsor and those acting under its authority to use his/her name, and address (city and state), photograph, voice and/or likeness, for advertising and/or publicity purposes, in any and all media (including posting on Sponsor’s websites) now known or hereinafter invented without territorial or time limitations and without further notice to and without additional compensation. If you are selected as a winner, your information may also be included in a publicly-available winner’s list.
- GOVERNING LAW & JURISDICTION: 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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of State of Texas, without giving effect to any choice of law or conflict of law rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 11 of these Official Rules shall be resolved exclusively in the federal, state, and local courts located in Tarrant County, Texas. 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.
- WINNERS LIST: For a list of the winners, visit www.dickies.com. The names of the winners will be posted for thirty (30) days after winner verification.
- SPONSOR: Williamson-Dickie Manufacturing Company, 509 W Vickery Blvd, Fort Worth, TX 76104