VERY BARRY’S NEW YEAR GIVEAWAY RULES
Date Last Revised: December 20, 2021
These Rules govern the offering and conduct of Giveaways available on https://www.instagram.com/barrys and other websites or mobile applications operated by Barry’s, a California limited liability company, and its affiliates (collectively, “Barry’s”, “we” or “us”).
Giveaways are open only to legal residents of the United States who are of eligible age to participate in their jurisdiction and at least 18 years of age. Void where prohibited. Employees (and their immediate families (parent, child, spouse or sibling and their respective spouses, regardless of where they reside) and those living in their same households, whether or not related) of Barry’s, or its affiliates and advertising and promotion agencies, are not eligible to enter or win. Giveaways are subject to all applicable laws. Giveaway begins on December 29th, 2021 and entries will be accepted up until December 31st, 2021. Giveaway winner will be announced on January 1st, 2022.
1. No Purchase Necessary
No purchase is necessary to participate in any Giveaway. Participation in a Giveaway may require that we collect, store, use, share and otherwise process personal information of participants. Limit two (2) entries per person, per Giveaway, regardless of method of entry. Multiple entries received from any person or e-mail address after the second entry received from that person or email address will be void. Entries generated by script, macro or other automated means or means which subvert the entry process will be void. All entries become the property of Barry’s and will not be acknowledged or returned.
2. Selection and Agreement of Winner
Potential winner will be selected in a random drawing held from all eligible entries received for applicable drawing. Odds of winning depend on the number of eligible entries received.
Potential winner will be notified by a tag on @Barrys Instagram Story and may be required to execute and return an affidavit of eligibility, and, where permitted under applicable law, a liability and a publicity release within seven (7) days of date of issuance. Potential winner will be required to execute and return these documents and if (a) such documents are not returned within the specified time period; (b) a prize or prize notification is returned as undeliverable; (c) Barry’s is unable to contact a potential winner; or (d) a potential winner is not in compliance with these Rules, the prize will be forfeited and, at Barry’s sole discretion, an alternate winner will be selected.
The winner, by acceptance of a prize, grants permission for Barry’s and its designees to use, his/her name, address (city and state), photograph, voice and other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media (including digital media) now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval.
Prizes are awarded “as is” with no warranty or guarantee, either express or implied, by Barry’s. Winner may not substitute, assign or transfer prize or redeem prize for cash, but Barry’s reserves the right, at its sole discretion, to substitute any prize (or portion thereof) with one of comparable or greater value. Winner is responsible, to the fullest extent permitted by applicable law, for all applicable taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. Selection and method of redemption or distribution of prizes are at Barry’s sole discretion.
4. Disclaimer of Liability and Release
Entrants, by participating, agree, to the extent permitted in the entrant’s country, that Barry’s and its affiliates and advertising and promotion agencies and all of their respective officers, directors, employees, representatives and agents (collectively, “Released Parties”) will have no liability whatever for, and shall be held harmless by entrants against, any liability, for any injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in the Giveaways.
Released Parties are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, garbled, illegible or postage-due mail, entries or email; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind, whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Giveaways, including errors or difficulties which may occur in connection with the administration of the Giveaway, the processing of entries, the announcement of the prizes or in any Giveaway-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by other entrants or site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Giveaways. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Giveaway or downloading materials from or use of the website.
5. Miscellaneous Provisions.
Persons who tamper with or abuse any aspect of the Giveaways or website or who are in violation of these Rules, as solely determined by Barry’s, will be disqualified and all associated entries will be void. Should any portion of the Giveaway be, in Barry’s sole opinion, compromised in a way that impairs the administration, security, fairness or proper play, or submission of entries, Barry’s reserves the right at its sole discretion to suspend, modify or terminate the Giveaway and, if terminated, at its discretion, select the potential winner from all eligible, non-suspect entries received prior to action taken or as otherwise deemed fair and appropriate by Barry’s.
In the event of a dispute regarding entries received from multiple users having the same e-mail or Instagram account, the authorized subscriber of the e-mail or Instagram account at the time of entry will be deemed to be the entrant and must comply with these Rules. Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses. CAUTION: ANY ATTEMPT TO DAMAGE THE BARRY’S SITE OR SERVICE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND, SHOULD SUCH AN ATTEMPT BE MADE, BARRY’S WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.