AthletaWellTeam
Community Manager
Community Manager

Official Rules

 

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

 

1. Eligibility: The Athleta Celebrate Your Circle Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia, but excluding residents of Florida, who are at least eighteen (18) years old at the time of entry.  Employees of Gap Inc., Merkle Inc., Intrepid Group Pty Limited, and their parent and affiliate companies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules. Sponsor’s decisions are final and binding in all matters related to the Sweepstakes. Winning the prize is contingent upon fulfilling all requirements set forth herein.

 

2. Sponsors: Gap Inc., 2 Folsom St., San Francisco, CA 94105 and Intrepid Travel Pty Ltd., Level 7, 567 Collins Street, Melbourne, VIC 3000 herein “Sponsor.”

 

3. Timing: The Sweepstakes begins on November 8, 2022 at approximately 9:00 a.m. Pacific Time ("PT") and ends on November 21, 2022 at 11:59 p.m. PT (the "Promotion Period"). Instagram's servers are the official time-keeping devices for the Sweepstakes.

 

4. How to Enter:

Participation Requirements: To participate, you will need to have an Instagram account. Creating an account is free but subject to the applicable terms and conditions. If entering via a mobile device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply. 

 

Entry Requirements: During the Promotion Period, locate the “Sweepstakes Post” on Instagram advertising this Sweepstakes that will be posted on @athleta and @aliciakeys and take the following actions to receive an entry:

(a) Follow @athleta, @aliciakeys, and @intrepidtravel on Instagram;

(b) Like the Sweepstakes Post (you only have to like the post viewed on either @athleta and @aliciakeys);

(c)  Comment on the Sweepstakes Post either (either while viewing through @athleta or @aliciakeys) and “at mention” three (3) friends with whom you have a personal relationship;

(d) You must not change your Instagram handle once you post to enter this Sweepstakes and until the prizes are awarded (as described in Section 6); and

(e) agree to be bound by these terms and conditions.

 

Your comment need not include any reference, positive or negative, to either Sponsor, Alicia Keys or Intrepid Travel. Including a reference in your comment will not improve your chances of winning.

 

Content Restrictions for your Entry:

 

  • Your comment must be your original work;
  • Your comment must not convey any claims of Sponsor’s products or services that would be deemed unsubstantiated or deceptive if made by Sponsor;
  • Your comment must not disparage Sponsor, Alicia Keys or Intrepid Travel or any other parties;
  • You must have permission to include the names or likenesses of other individuals and to grant the rights set forth in Section 5. You should only include minors in your comment if they are your children/wards. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor;
  • Your comment must not contain material that violates or infringes another’s rights and therefore may not include logos, trademarks, or any other intellectual property other than those of the Sponsor;
  • Your comment must not make references to or include: alcohol, illegal drugs, tobacco, or firearms/weapons, any activities that are or appear to be dangerous, or any political agenda;
  • Your comment may not be indecent, obscene, sexually explicit, hateful, promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; and
  • Your comment may not be tortious, defamatory, libelous, disparage Sponsor or any other person or party, or contain material that is unlawful in any way.

 

By conforming to all of the above requirements, you will receive one (1) Sweepstakes entry. Sponsor, in its sole discretion, may disqualify any post that it finds unlawful, or in violation of these Official Rules.

 

Entry Limit: You may enter one (1) time during the Promotion Period. Multiple entrants are not permitted to share the same Instagram account. Any attempt by any entrant to obtain more than one (1) entry by using multiple/different Instagram accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the Instagram account used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses used to create the Instagram account. The potential winner may be required to show proof of being the authorized account holder.

 

5. Sponsor’s Use of Social Post Content: Posting a comment constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes.  If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission.

 

6. Grand Prize Drawing: Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential winner are final and binding in all matters related to the Sweepstakes. Sponsor will randomly select the potential Sweepstakes winner from all eligible entries received during the Promotion Period, on or around November 23, 2022. The potential winner will be notified by @athleta on Instagram and will be required to provide contact information within three (3) days after notification to claim the prize. Next, potential Grand Prize winner (or parent/legal guardian if winner is a minor in his/her state of residence) will be required to sign and return a Declaration of Compliance, Liability Waiver and, where not prohibited, a Publicity Release ("Declaration") and an IRS Form W-9 which must be received by Sponsor within five (5) days of the date notice or attempted notice is sent, in order to claim the prize. If the potential winner of the prize cannot be contacted, fails to provide the requested information and sign and return the Declaration within the required time period, or the prize is returned as undeliverable, the potential winner forfeits the prize. Receiving the prize is contingent upon compliance with these Official Rules. In the event that the potential winner forfeits the prize or is disqualified for any reason, Sponsor will award the 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. Prize: ONE (1) GRAND PRIZE: A trip for winner and up to three (3) guests for a three (3) night trip to Zion National Park in Utah, Details of the trip are set forth on Intrepid Travel’s site (The Zion Ranch Stay): https://www.intrepidtravel.com/us/united-states/zion-ranch-stay-134639. Winner will be required to take this trip across one of the dates offered by Intrepid Travel before December 31, 2023 and agree to Intrepid’s booking conditions in order to be eligible for this prize. Intrepid’s booking conditions can be found here: Standard Booking Conditions | Intrepid Travel AU.  In addition, Sponsor will provide winner with $2,000 (as a check) that winner may use to make round trip travel arrangements to Las Vegas for winner and guests; four (4) $250 Athleta gift cards; and a check to winner for $5,300 (to assist with the tax liability).

 

There exists an inherent risk of exposure to COVID-19 in any public place where people are present. COVID-19 is a contagious disease that can lead to severe illness and death. By traveling and attending event, winner and winner’s guests voluntarily assume all risks related to exposure to COVID-19.  Winner and travel companions are responsible for complying with any COVID-19 requirements set forth by Intrepid Travel in accordance with their booking conditions  Failure to comply with any required COVID-19 requirements, may result in forfeiture of the prize of elements of the prize.  Forfeiture of any aspect of the trip due to failure to meet these requirements will not impact the value of the trip as reported on an IRS Form 1099.

 

All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, transportation, incidentals, gratuities, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner.  Unless child of winner, travel companions must be eighteen (18) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the winner. If winner is a minor in his/her state of residence, one of the travel companions must be winner’s parent/legal guardian. Travel companions must execute liability/publicity releases prior to issuance of travel documents. Sponsor will not replace any lost, mutilated, or stolen tickets, vouchers or certificates.  Sponsor is not responsible if any portion of the trip package is delayed, postponed, or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion. The maximum Approximate Retail Value (“ARV”): $18,440. The actual value will depend on the selected timing of the trip.  Prize is non-transferable, and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason.  Winner is responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning the Sweepstakes prize depend on the number of eligible entries received during the Promotion Period.

 

8. Release: By entering this Sweepstakes, entrants agree to release and hold harmless Sponsor,  Intrepid Group Pty Limited, Alicia Keys, AK Worldwide, Instagram, Inc., Merkle Inc., and their respective 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 claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, third party claims involving the right to privacy, right of publicity, or intellectual property infringement, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.

 

9. Publicity: Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, prize information, likeness, Sweepstakes entry, photograph (including, without limitation, winner's Instagram profile photo and photos from the Grand Prize trip), voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

 

10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, if any fraud, technical failures, human error, or any other factor impairs the integrity or proper functioning of the Sweepstakes, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, wide spread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Sweepstakes, including but not limited to fulfillment of the prize(s), as determined by Sponsor in its sole discretion. In such event, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance and may modify the prizes offered herein. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

 

11. Limitations of Liability: TThe Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing 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) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; (6) failure to receive social content due to limitation of third-party social network platforms 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. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, not received, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes if it is possible. No more than the stated number of prizes will be awarded.  In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.

 

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 or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event 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.  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 Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.

 

13. Entrant's Personal Information: Information collected from entrants is subject Sponsor’s Privacy Policy: https://www.gapinc.com/en-us/consumer-privacy-policy. Winner’s information will be shared with Intrepid Travel Pty Ltd. for purposes of prize fulfillment, subject to its privacy notice that will be shared with winner.

 

14. Winner List: For a winner list, please click HERE. The winner list will be posted after winner confirmation is complete.

 

© 2022 Merkle Inc. All rights reserved.

 

This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram, Inc.

 

Version 1, 10/28/22