Teespring #MerchMoment Contest
OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR CLAIM PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

THESE OFFICIAL RULES CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST SPONSOR TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SPONSOR ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

The Teespring #MerchMoment Contest (the “Contest”) begins at 12:01 a.m. EST on April 27, 2020 (the “Contest Start Date”) and ends at 11:59 p.m. EST on May 11th, 2020 (the “Contest End Date”) (such period referred to herein as the “Contest Period”). The Contest is sponsored by Teespring, Inc. (the “Sponsor”). By participating in the Contest, each entrant represents that they have read these Official Rules and unconditionally accepts and agrees to comply with and abide by these Official Rules, Instagram’s Terms of Use and the decisions of Sponsor, which are final and binding in all respects, and you represent that you meet the eligibility requirements set forth herein. Sponsor is responsible for the collection and selection of entries and the Contest’s overall administration. Entrants should look solely to Sponsor with any questions, comments or problems related to the Contest. The Contest is in no way sponsored, endorsed or administered by, or associated with Instagram. You are providing your information to Sponsor, and not to Instagram. Any questions, comments or complaints regarding the Contest shall be directed to the Sponsor and not to Instagram. ANY VIOLATION OF THESE OFFICIAL RULES OR INSTAGRAM’S TERMS OF USE BY ANY ENTRANT MAY RESULT IN DISQUALIFICATION, AND ALL PRIVILEGES (INCLUDING THOSE AS WINNER, IF APPLICABLE) WILL BE IMMEDIATELY TERMINATED.

HOW TO ENTER:

To enter the Contest, you must:

  • STEP 1: Log into your Instagram account via a web enabled mobile device (if you are not already a member of Instagram download and install the free Instagram mobile application on your web enabled mobile device and register for a free Instagram account);
  • STEP 2: Follow Sponsor on Instagram (@teespring); and
  • STEP 3: Post a picture (the “Post”) tagging Sponsor on Instagram in which you are wearing Sponsor’s merchandise and include the hashtags #MerchMoment and #Contest in the caption.

If selected as a Finalist (as defined below), Sponsor will comment on your Post asking permission to share your Post on Sponsor’s social media channels, website(s) (including https://teespring.com/ (the “Website”)) and/or other channels owned or controlled by Sponsor (collectively, the “Channels”). In order to be eligible to be selected as the Winner (as defined below), you must:

  • STEP 4: Reply to Sponsor’s comment on your Post including hashtags #YesTeespring #Contest in order to confirm your consent to Sponsor displaying or otherwise using your Post on the Channels.

In order to be eligible your Instagram account and the Post must be public from the time you make the Post until the end of the Contest Period and through the Winner Selection Date. Entries that are not complete or do not adhere to these Official Rules will result in disqualification. No illegible, incomplete, corrupted, forged or altered entries will be accepted.

Limit to one (1) entry per person during the Contest Period, regardless of method of entry. Participation in the Contest is voluntary. No automatically or mechanically produced entries will be accepted.

BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S CHANNELS AND EDITED, IN SPONSOR’S DISCRETION.

PRIZES

One (1) winner (the “Winner”) will receive a $50.00 credit redeemable for merchandise purchases on the Website. The credit will be sent by the Sponsor to the Winner by e-mail or via direct message to the Instagram username associated with the Post in the form of a discount code that can be used on the Website in accordance with these Rules.

Odds of winning are affected by the number of eligible entries received by the Contest End Date. Total ARV of the prize is $50.00. Use of the prize is subject to Sponsor’s Terms of Service for its website (https://teespring.com/policies/terms). The prize can only be used for one (1) purchase during one (1) visit to the Website (i.e. you cannot use the prize for separate transactions). The prize will only be applied to the cost of the merchandise that is purchased by the Winner, and will not be applied to any other costs or expenses (e.g., shipping and handling fees and applicable sales tax). Additional terms and conditions may apply to Winner’s use of the prize as stipulated on the Website (including within the Terms of Service posted thereon). The Winner will be solely responsible for all other expenses not specifically set forth herein. The Sponsor reserves the right to substitute prizes of equal or greater value. No other substitution or transfer of prizes permitted. There are no cash substitutions or refunds if the full prize is not redeemed during the website visit. In order to receive a prize, the Winner may be required to provide proof of identification, including name, physical address and date of birth. Any and all taxes on any prize, including income and/or sales taxes, are the sole responsibility of the Winner. All entrants agree that information provided by the Sponsor is not advice, including but not limited to, tax advice or legal advice, and every entrant is advised to consult a professional, including a tax professional.

ELIGIBILITY

Entrant Eligibility. The Contest is only open to legal residents of the United States and the District of Columbia (excluding Puerto Rico and all U.S. territories and possessions) who are at least 18 years old as of the date of entry and have previously purchased or otherwise have access to Sponsor merchandise. Entries are limited to individuals only; commercial enterprises and business entities are not eligible. Employees, independent contractors, officers, and directors of the Sponsor, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, and their immediate family members and persons living in the same household, are not eligible to participate in the Contest. THE CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW and is subject to applicable federal, state and local laws and regulations.

Submissions Eligibility. Posts that are submitted in connection with the Contest will only be eligible if such Post (a) complies with each of the steps outlined above under “How to Enter”, (b) conspicuously showcases the Sponsor’s product, in the Sponsor’s sole discretion, (c) are submitted during the Contest Period, (d) contain only the original content of the entrant, (e) do not reference or depict any other company or product which competes with Sponsor, (f) do not contain content that is unlawful, hateful, discriminatory, racially inflammatory, offensive, obscene, or morally or legally objectionable, in the Sponsor’s sole discretion, (g) do not contain false or defamatory statements about any person or any third party and (h) do not include any other identifiable individual other than the individual entrant unless prior express consent is obtained from such individual. Entry should be appropriate to the Sponsor’s brand image (in Sponsor’s sole discretion). The Sponsor will allow only those Posts that meet all of these criteria, in the sole discretion of the Sponsor, to be posted on the Channels. The Sponsor reserves the right, in its sole discretion, to disqualify Posts which Sponsor determines at any time in its sole judgment fail to meet any of these criteria.

USE OF CONTENT/SUBMISSIONS

By posting the Post in connection with this Contest, you automatically represent and warrant that you have the right to grant, and do hereby grant, to Sponsor the paid-up, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and license to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such Post (in whole or in part) worldwide and/or to incorporate all or any portion of it in other works in any form, media or technology now known or later developed for the full term of any patent, trademark, trade secret, copyright or other proprietary rights of any party that may exist in such Post; and (b) use the Post, including without limitation, the right and license to make, use, sell, offer for sale, and import any products and/or services which practice or embody, or are configured for use in practicing, all or any portion of the Post and the right to practice. For the avoidance of doubt, you represent and warrant that you will not use the Post for any purposes other than submitting it to Sponsor in accordance with these Official Rules. You warrant that the content in the Post has not been copied from any third party and its use by Sponsor will not infringe or involve the misappropriation of any third party rights and agree to indemnify and hold harmless Sponsor and all other third parties licensed above from and against any breach of this warranty. Under no circumstances will Sponsor be required to treat any Post as confidential. Sponsor will be entitled to use the Post for any purpose whatsoever without compensation to you or any other person. For the avoidance of doubt, Sponsor will not be liable to you or any other person for any ideas for Sponsor’s business (including, without limitation, product designs or ideas) derived from the Post and will not incur any liability as a result of any similarities to the Post that may appear in any future products or services of Sponsor. Where lawful, the Winner may be required to sign and return an Affidavit of Eligibility, Release of Liability, and Publicity Release.

SELECTION OF FINALISTS AND WINNER

Within approximately one (1) week following the Contest End Date (the “Finalists Selection Date”), a panel of judges, consisting of employees, officers or directors of Sponsor (the “Judge Panel”), in its sole discretion, will select the entrants with the top (4) highest scoring Posts (such entrants, the “Finalists”) based on the following criteria (the “Initial Criteria”):

  • creativity (25%);
  • clarity and quality of Post (10%);
  • appropriateness to the Sponsor’s brand (40%); and
  • visual appeal (25%).

As noted above, each component of the Initial Criteria will be weighted equally in scoring the Posts.

The Finalists may be featured on Sponsor’s Channels. As an entrant and without limiting the rights granted by you under Section 6, you hereby consent to the use of your Post and your Instagram username, in connection therewith if you are selected as one of the Finalists. If a potential Finalist does not complete “Step 4” above under the “How to Enter” section within two (2) days of Sponsor commenting on their Post, then Sponsor may select an alternative Finalist with the next highest score based on the Initial Criteria.

Within approximately two (2) weeks following the Finalists Selection Date (the “Winner Selection Date”), the Judge Panel will select the Finalist with the highest scoring Post based on the following criteria (the “Final Criteria”) who will be the Winner:

  • creativity (20%);
  • clarity and quality of Post (20%);
  • appropriateness to the Sponsor’s brand (20%);
  • visual appeal (20%); and
  • the Post that receives the highest number of votes in the comment section of the Sponsor’s Instagram (@teespring) post featuring the Finalists’ Posts, during the time period specified in such post (20%).

For purposes of tallying the votes, each Instagram account holder, as identified by their unique Instagram account handle, is entitled to only one (1) vote (i.e. Instagram account holders can only vote for one (1) Finalist). If an Instagram account holder votes multiple times, the Sponsor will only count the first vote. If an individual includes multiple Finalists in its comment, then such vote may be disqualified by the Sponsor, in its sole discretion. The Sponsor may disqualify any votes that appear, in Sponsor’s sole discretion, to originate from the same individual despite being tied to different Instagram accounts.

As noted above, each component of the Final Criteria will be weighted equally in scoring the Posts.

In the event of a tie between two or more entrants in either the Finalist or Winner selection phase, the entrant whose Post received the highest score for appropriateness to the Sponsor’s brand, as determined by Sponsor, will be deemed the potential Finalist or Winner, as applicable, among the tied entrants. If such process does not break the tie, an additional judge, who will be an employee, officer or director of Sponsor, will evaluate the tied entries according to the above criteria and determine the potential Winner. The choice of the potential Finalist or Winner, as applicable, is final and binding and not subject to review or appeal.

Within five (5) business days of the Winner Selection Date (the “Notification Date”), Sponsor will contact the potential Winner via direct message to the Instagram username associated with the Post submitted pursuant to the Contest entry process. The Sponsor is not responsible for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify any potential Finalist or Winner, including failure to receive notices from the Sponsor, failure due to a potential Finalist or Winner’s spam, junk e-mail or other security settings or for a potential Finalist or Winner’s provision of incorrect or otherwise non-functioning contact information. Sponsor is not responsible for changes to entrants’ contact information. If any potential Winner cannot be contacted, is ineligible, fails to claim the prize within two (2) days the Notification Date, or fails in timely return of a completed and executed declaration and release as required, the prize may be forfeited and the entrant with the next highest score will be selected as the alternate Winner.

CONDITIONS

The Sponsor, Instagram, and each of their respective agents, directors, officers, shareholders, employees, insurers, servants, parents, subsidiaries, divisions, affiliates, predecessors, successors, representatives, advertising, promotion, and fulfillment agencies, and legal advisors (the “Released Entities”), are not responsible for, shall not be liable for, and hereby disclaim all liability arising from or relating to: (a) late, lost, delayed, damaged, misdirected, misaddressed, incomplete, or unintelligible entries; (b) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (c) failed, incomplete, garbled, or delayed computer or e-mail transmissions; (d) any condition caused by events beyond the control of the Sponsor; (e) any injuries, losses, or damages of any kind arising in connection with or as a result of any prize, or any portion thereof that may have been awarded, or acceptance, possession, or use of any prize, or any portion thereof that may have been awarded, or from participation in the Contest; or (f) any printing or typographical errors in any materials associated with the Contest. The Sponsor reserves the right, in its sole discretion, to suspend, modify or cancel the Contest should any unauthorized human intervention or other causes beyond the Sponsor’s control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In the event that proper administration of the Contest is prevented by such causes as contemplated above, the Sponsor will pick the Finalists and/or Winner, as applicable, from all eligible, non-suspect entries received prior to such action. By participating in the Contest, entrants and the Winner agree to release, discharge and hold harmless the Released Entities, and all others associated with the development and execution of the Contest, from any and all losses, damages, rights, claims and actions of any kind arising out of or relating to the Contest, participation in the Contest, any prize, or any portion thereof that may have been awarded, and/or acceptance, possession, use or misuse of any prize, or any portion thereof that may have been awarded, including but not limited to statutory and common law claims for misappropriation or entrant’s right of publicity. This Contest shall be governed by California law. In the event of a dispute as to the identity of a Finalist or Winner based on Instagram username, the selected Finalist or Winner, as applicable, will be deemed to be made by the authorized account holder of the Instagram username at time of entry. “Authorized account holder” is the natural person who is assigned (or approved for) an Instagram account by Instagram or other applicable organization responsible for confirming Instagram accounts for the Instagram username in question

Arbitration Agreement; Dispute Resolution by Binding Arbitration:

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

  1. Agreement to Arbitrate: This Section is referred to in these Official Rules as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and the Sponsor, whether arising out of or relating to these Official Rules, the Contest, your participation in the Contest, the prize, acceptance, possession, use or misuse of the prize, any advertising, or any aspect of the relationship between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by participating in the Contest, you and the Sponsor are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
  2. Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND THE SPONSOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE SPONSOR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
  3. Pre-Arbitration Dispute Resolution: The Sponsor is always interested in resolving disputes amicably and efficiently, and most entrant concerns can be resolved quickly and to the entrant’s satisfaction by emailing the Sponsor’s support team at support@teespring.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to the Sponsor should be sent to Teespring, Inc., 77 Geary Street, Suite 500, San Francisco, CA 94108 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If the Sponsor and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or the Sponsor may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Sponsor or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Sponsor is entitled.
  4. Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org/. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Official Rules as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Official Rules and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

    Unless the Sponsor and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, the Sponsor agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

  5. Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be governed by the AAA Rules.
  6. Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
  7. Severability: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than clause (b) above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of clause (b) is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Official Rules will continue to apply.

WINNERS LIST

To obtain the first name, last initial, city and state of the Winner after the Winner Selection Date, send a separate self-addressed, stamped envelope marked “Teespring #MerchMoment Contest Winners List” to the Sponsor. Requests for winners list must be received no later than 90 days from the Contest End Date (residents of Vermont and Washington need not include return postage).

SPONSOR:

Teespring, Inc.

77 Geary Street, Suite 500

San Francisco, CA 94108

NOTICE

The Sponsor reserves the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of the Contest in violation of these Official Rules and/or criminal and/or civil law.

Copyright © 2020 Teespring, Inc. All rights reserved. Teespring and the associated logos are trademarks of Teespring, Inc. Any other trademarks in these Official Rules are used for prize identification purposes ONLY and are the properties of their respective owners.