NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. EACH GIVEAWAY IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
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OVERVIEW. Any giveaway (each, a “Giveaway”) posted on the official Instagram handles of Bethenny Frankel (@bethennyfrankel) and/or Bethenny.com in collaboration with The List (@thelist) (collectively, the “Instagram Channels”) is sponsored by BB Endeavors, LLC, 545 Fifth Avenue, Suite 1103, New York, New York 10017 (“Sponsor”). Each Giveaway will be open for the time stated in the specific Giveaway posted on the Instagram Channels (the “Giveaway Period”). Instagram is in no way affiliated with, associated with, or involved in these Giveaways.
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ELIGIBILITY. The Giveaways are open only to legal residents of and located in the fifty (50) United States and the District of Columbia, who are at least eighteen (18) years of age at the time of entry (“Entrants”). Employees of Sponsor, Bethenny.com, and their respective parents, subsidiaries, and affiliate companies, as well as the immediate family (spouse, parents, siblings, and children) and household members of such employees are not eligible. The Giveaways are subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes each Entrant’s full and unconditional agreement to these official rules (“Official Rules”) and Sponsor's decisions, which are final and binding in all matters related to the Giveaways. Winning a Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.
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TO ENTER.
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During the Giveaway Period, Entrants may enter the Giveaway by following The List on Instagram, following Bethenny Frankel on Instagram, following any additional Instagram accounts specified or tagged in the Giveaway post, liking the Giveaway post, and tagging two friends in the comments section of that Giveaway post.
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Submitting an entry in accordance with these Official Rules will grant each Entrant one (1) entry into the Giveaway. Entrants may receive one (1) additional entry by subscribing to Bethenny Frankel’s newsletter. Those who do not follow all of the instructions, provide the required information, or abide by these Official Rules or other instructions of Sponsor may be disqualified. There is a limit of (2) entries per Entrant. Entries received before or after the Giveaway Period will not be accepted or be eligible to win a Prize. In the event of a dispute regarding an entry, entries will be deemed made by the authorized account holder of the Instagram account used at the time of entry. Any potential winner may be required to show proof of being the authorized account holder.
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ODDS OF WINNING AND SELECTION OF WINNERS. On the date specified in the Giveaway post on the applicable Instagram Channel, Sponsor will select one (1) winner by random draw from among all eligible entries received during the Giveaway Period. Odds of winning a Prize depends on the number of eligible entries received. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE GIVEAWAY SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND COMPLIANCE WITH THE OFFICIAL RULES HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. Sponsor, in its sole discretion, reserves the right at any time to disqualify any entry or Entrant that fails to comply with these Official Rules. Sponsor’s determination of the winners is final and binding.
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NOTIFICATION OF WINNER. The potential winner will be notified by Sponsor via Instagram. Potential winners will be subject to verification of eligibility, including verification of age. If a potential winner cannot be reached (regardless of reason), does not respond within the designated time, there is a return of any Prize notification as undeliverable, or is disqualified for any other reason, the potential winner forfeits the Prize and the Sponsor will award the Prize to an alternate winner selected by a random drawing from among all remaining eligible entries received. Upon disqualification, no further compensation will be given. Failure to comply with any term or condition in these Official Rules may result in disqualification at Sponsor’s sole discretion. Sponsor shall have no liability for any potential prize-winning notification that is lost, intercepted or not received by any potential winner for any reason. Sponsor is not responsible for any change of Instagram account, email address, mailing address, and/or telephone number of entrants.
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PRIZE. One (1) winner will receive the specific prize described in the applicable Giveaway post on the applicable Instagram Channel (each, a “Prize”). The total ARV of each Prize is described in the applicable Giveaway post on the applicable Instagram Channel. Prize winners are solely responsible for all costs and expenses not listed in these Official Rules, including any applicable federal, state, and/or local taxes. Prize winners are also responsible for compliance with any applicable federal, state, and/or local laws and/or regulations, including during the use of the Prize. Reporting and payment of all applicable taxes resulting from acceptance or use of any Prize are the sole responsibility of the winners. Prize winners may be issued an IRS 1099 Form in the amount of the Prize value either by Sponsor or the Prize provider, where required by applicable law. Winner information will be shared with the Prize provider who is solely responsible for fulfillment of the applicable Prize. Winners must provide their full name, address, email address, and phone number to Sponsor and/or the Prize provider if requested, solely for Prize fulfillment purposes. The Prize is not transferable. In the event that the Prize cannot be awarded due to circumstances outside Sponsor’s control, an alternate Prize of equal value may be substituted at the sole discretion of Sponsor. Cash redemption, exchange or substitution is not allowed except at the sole discretion of Sponsor. All Prize details not specified in the Official Rules will be determined in Sponsor’s sole and absolute discretion. The Prize will be provided directly by the company that distributes and/or manufacturers the Prize. Sponsors is not responsible or liable if the Prize becomes unavailable or cannot be fulfilled. Sponsor is not responsible for any damage, mis-delivery, theft, tampering, or other injury to the Prize. Winners acknowledge that Sponsor has not made nor is in any manner 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, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on the Prize (if any) are subject to the respective manufacturers’ terms therefore, and winners agree to look solely to such manufacturers for any such warranty and/or guarantee.
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GENERAL RULES. Sponsor is not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Giveaway or by any technical or human error, which may occur in the processing of the entries. The Sponsor is not responsible for (i) late, lost, delayed, damaged, incomplete, illegible, or undeliverable entries, responses, or other correspondence, whether by e-mail or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties; or (iv) any fees charged by any Internet Service Provider. By participating in the Giveaway, Entrants agree to waive, release, indemnify, defend and hold harmless Instagram, Sponsor and their respective parent companies, and affiliated companies and subsidiaries and their directors, officers, employees, agents, including advertising and sweepstakes agencies, and assigns, and any other organizations related to a Giveaway (together, the “Indemnified Parties”), from and against, any claims, injuries (including death), loss, expenses or damages and/or liabilities of any nature that in any way arise in whole or in part from the acceptance, possession, use, misuse or enjoyment of a Prize or parts thereof, participation in a Giveaway, or in any Prize-related activity, including, without limitation, any (i) any condition or occurrence that may cause a Giveaway to be disrupted or corrupted, (ii) injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Prize, or acceptance, possession, or use of a Prize, or from participation in a Giveaway, (iii) printing or typographical errors in any materials associated with a Giveaway, or (iv) electronic, network or computer failures or malfunctions, or other hardware, software or technical errors of any kind, including any injury or damage to any person’s computer related to, or resulting from, participation in a Giveaway or for other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with a Giveaway, including, without limitation, errors or difficulties which may occur in connection with the administration of a Giveaway, that the Indemnified Parties may suffer, incur or be required to pay, to the extent arising out of or relation to, or brought on behalf of any third party. Further, Entrants shall hold the Indemnified Parties harmless from any claims and/or damages for any injuries to either person (including but not limited to entrant or any support staff, agent, employee or contractor of entrant) or property (including but not limited to entrant’s personal property, and equipment, whether owned or rented) resulting from or occurring during entrant’s participation in a Giveaway or any use of a Prize.
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ADDITIONAL CONDITIONS. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend a Giveaway in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of a Giveaway is compromised, without liability to the Entrant. The use of third-party software or website or automated entry systems to participate is prohibited, and Sponsor reserves the right to disqualify entries made in such fashion. Individuals may not register with multiple email addresses nor may entrants use any other device or artifice to register multiple times or as multiple registrants. Any individual who attempts to enter with multiple email addresses under multiple identities or uses any device or artifice to register multiple times will be disqualified and forfeits any and all prizes won, in Sponsor's discretion. Sponsor reserves the right in its sole and absolute discretion to disqualify any individual that (i) tampers or attempts to tamper with the entry process or the operation of a Giveaway; (ii) violates these Official Rules; or (iii) acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of a Giveaway 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. By participating in the Giveaway, you acknowledge that you have read these Official Rules and agree to abide by them and by the decisions of Sponsor.
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IN CASE OF DISPUTE. As a condition of entering a Giveaway, Entrant (i) hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for out-of-pocket expenses; (ii) all causes of action arising out of or connected with a Giveaway, or Prizes awarded, will be resolved individually, without resort to any form of class action; and (iii) all claims, judgments, and awards will be limited to actual out-of-pocket costs incurred, but in no event will Entrant be entitled to receive attorneys’ fees or other legal costs. Some jurisdictions do not allow for limitations on the ability to pursue class action remedies, or certain kinds of damages, and so these limitations may not apply to you. All Entrants expressly agree that any legal proceedings arising out of or relating in any way to a Giveaway or these Official Rules must be brought only in the federal or state courts located in New York, and Entrants consent to the mandatory and exclusive jurisdiction of such courts with respect to any such legal proceedings. This Giveaway will be governed and enforced pursuant to New York law, excluding choice of law provisions.
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PUBLICITY. Except where prohibited by law, submission of an entry constitutes and signifies each Entrant’s agreement and consent that Sponsor and its designees may use Entrant’s name, social media handle, likeness, and/or Prize information in connection with a Giveaway for promotional, advertising, or other purposes, in any manner, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission, or other consideration, except where prohibited by law.
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PRIVACY. Sponsor will be collecting personal data about entrants online as may be more specifically set forth in these Official Rules. By participating in the Giveaway, Entrants hereby agree and consent to Sponsor's collection and use of their personal information, including for marketing purposes, and sharing of such personal information with third parties. If you are selected as a winner, you hereby consent to have your information included in a publicly-available winner list.
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WINNERS LIST. The names of the Prize winners may be found on the Instagram profile pages of either @bethennyfrankel and/or @thelist.
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SPONSOR’S INFORMATION. The Sponsor of the Giveaways is BB Endeavors, LLC, 545 Fifth Avenue, Suite 1103, New York, New York 10017.