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Damn Near Kilt ‘Em Photo Giveaway

OFFICIAL RULES 

  1. NO PURCHASE NECESSARY TO ENTER OR WIN. 
  2. HOW TO ENTER: Beginning on 1/3/25 at 9:00 am ET through 1/31/25 at 11:59 pm ET, log on to Instagram, visit https://www.instagram.com/damn_near_kiltem/, click on the giveaway post posted on 1/3/25 for the Damn Near Kilt ‘Em Photo Giveaway, and follow the entry instructions. To enter, you must like the post, follow @damn_near_kiltem, and submit a photo or video wearing a Damn Near Kilt ‘Em kilt here: https://app.smartsheet.com/b/form/2373fb50cc8349289dce0b4726fd7228. A video will be worth 3 entries, and a photo will be worth 1. Fill in all required information. You may enter only once. Use of any robotic, automatic, programmed, or similar entry method or entering more than the number of times permitted will void all entries and result in disqualification. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. You may not submit photos or videos that were created or generated by Artificial Intelligence. 
  3. ELIGIBILITY: Open to residents of the 50 United States and D.C., 18 years of age and older as of 1/1/25 except for employees of Society Brands, Inc. ("Sponsor"), their affiliates, subsidiaries, and agencies (collectively "Promotion Parties"), and members of their immediate family or persons living in the same household. Void where prohibited. 
  4. DRAWING: A random drawing will be conducted on or about 2/1/25 by Administrator to select the winner from among all eligible entries received. Odds of winning depend on the number of entries received. Potential winner will be notified by Instagram direct message and must sign and return any required Affidavit of Eligibility and Release within 10 days of the date notice is sent or such other date set by Sponsor. Failure to respond within the applicable time period will result in forfeiture of prize and Sponsor shall have the option to award the prize to an alternate winner. The return of any prize notification or prize as undeliverable may result in disqualification and an alternate winner may be selected. All income taxes resulting from acceptance of prize are the responsibility of winner. By entering this sweepstakes, entrant accepts and agrees to these Official Rules and the decisions of the Administrator, which shall be final in all matters. Acceptance of a prize also constitutes permission to the Promotion Parties to use winner's name, likeness, and biographical information for marketing purposes without further compensation or right of approval, unless prohibited by law. All federal and state laws apply. 
  5. LIMITATION OF LIABILITY: By entering this sweepstakes, entrants waive all right to, and hold the Promotion Parties harmless from, any claim, liability, loss, damage (including punitive, incidental, and consequential damages), or expense (including attorneys' fees) arising out of or in connection with participation in this sweepstakes or the acceptance, use, or misuse of any prize. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Promotion Parties will not be responsible for: late, incomplete, or incorrect entries; an entrant's failure to receive prize notices due to entrant's spam, junk e-mail, or other security settings or for entrants' provision of incorrect or otherwise non-functioning contact information; technical, hardware, or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or used in this sweepstakes; by any human error which may occur in the processing of the entries in this sweepstakes; or any typographical, technological, or other error in the publishing of the offer, administration of the sweepstakes, or announcement of the prize[s]. If, in the Administrator's opinion, there is such an error, or there is any suspected evidence of tampering with any portion of the sweepstakes, or if technical difficulties (including viruses and bugs) compromise the integrity of the sweepstakes, Sponsor reserves the right to request that the Administrator, in its sole discretion, cancel or modify this sweepstakes in a manner deemed appropriate by the Administrator. In the event of termination, winners will be selected from among all eligible entries received as of date of termination. In the event a dispute arises as to the identity of a potentially winning entrant, entries will be declared made by the name on the online entry form. 
  6. PRIZE: One $150 Damn Near Kilt ‘Em gift card to be used on https://www.damnnearkiltem.com. Total prize value: $150. Limit one prize per family or household. No substitution or transfer of prize permitted by winner. Sponsor reserves the right to substitute a prize of equal or greater value. All prizes will be awarded. If 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 three (3) alternate drawings will be held, after which the prize will remain un-awarded. 
  7. CHOICE OF LAW AND FORUM: Entrant agrees that all matters arising out of or relating to this sweepstakes and these Official Rules are governed by, and construed in accordance with, the laws of Ohio, without giving effect to any of its conflict of laws provisions thereof. Entrant further agrees that any legal suit, action, or proceeding arising out of or relating to this sweepstakes and these Official Rules shall be brought exclusively in the applicable federal or state courts located in Canton, Ohio. 
  8. PRIVACY: Information submitted with an entry is subject to the Privacy Policy stated on https://www.damnnearkiltem.com/pages/damn-privacy-policy. To read the Privacy Policy, click here. 
  9. WINNERS LIST: For the name of the prize winner, available after 2/1/25, send a self-addressed, stamped #10 envelope to: 2014 Champions Gateway, Suite 300, Canton, OH 44708. 
  10. SPONSOR: Damn Near Kilt Em Acquisition, LLC, a Delaware limited liability company. 2014 Champions Gateway, Suite 300, Canton, OH 44708 
  11. GRANT OF RIGHTS: Content Submitter hereby grants the Permitted Users permission (but not the obligation) to use the content for Commercial and Corporate Purposes throughout the Territory in Digital Media in perpetuity. Content Submitter further grants the Permitted Users permission (but not the obligation) to refer to statements pertaining to Content Submitter’s use of and experiences with Company and/or the Product(s) solely in connection with the use of the Posts. 
  • Attribution Requirements. Content Submitter shall be properly tagged and credited in any use of the Posts by Permitted Users. Content Submitter understands and agrees that Content Submitter’s statements may be used in whole or in part and may be paraphrased, amplified, shortened, and/or put into conversational form to meet the requirements of copy, layout and/or script, provided that their general sense is not changed. 
  • Digital Media & Digital Usage Term. “Digital Media” shall be defined as all digital or electronic media, whether now known or hereinafter devised, above and below the line, including but not limited to online and digital outlets or platforms (including all devices and applications used to access over-the-top content), websites, social media services and platforms, email, digital communication services and platforms, mobile applications, digital displays, screens, and digital advertisements

 

  • Usage. 
  1. Permitted Users. “Permitted Users” shall be defined as Company, its parent, affiliates, joint venture partners, wholesalers, distributors, licensees, and authorized agents. 
  2. Commercial Purposes. “Commercial Purposes” shall be defined as all digital and online advertising, marketing, and communication uses directed at or intended for consumers. 
  3. Corporate Purposes. “Corporate Purposes” shall be defined as all non-advertising use not directed at or intended for consumers, including but not limited to historical archival reference, industry business related public relations, educational seminars and presentations, annual reports, business meetings and events, exhibits, corporate office displays, private presentations, and brand historical purposes. Use of a Post for Corporate Purposes shall be authorized in perpetuity (“Corporate Purposes Term”). Use of a Post for Corporate Purposes shall not be subject to the Digital Usage Term.