Official Sweepstakes Rules - Instagram Giveaway



Instagram Giveaway





  1. Introductory Terms and Rules. These official Sweepstakes rules (the “Official Rules”) govern all aspects of the Hot Sox and BIG GAY ICE CREAM Instagram Giveaway (the “Sweepstakes”). The Sweepstakes will consist of two (2) weekly drawings (“Weekly Prize Draw”). At each drawing, six (6) entrants will be chosen to receive the prizes awarded. Please note, as set forth in the Official Rules, that the Sweepstakes may be terminated before the final drawing is held. HOT SOX LLC and herein after referred to as (“Hot Sox”), BIG GAY ICE CREAM® (BIG GAY ICE CREAM LLC.) and herein after referred to as (“BGIC”) are the sponsors and content administrators of the Sweepstakes and is solely responsible for enforcing the Official Rules and for awarding prizes. The Sweepstakes is void where prohibited by law or where the conduct of Sweepstakes requires registration or the presentment of any bond before any state of local regulator authority.

  2. Eligibility. The Sweepstakes is open to any person who is at least 16 years of age, who is a legal resident of the United States (excluding Alaska, Hawaii, and Puerto Rico), who has an active Instagram and e-mail account. Employees of Hot Sox and BGIC , their respective parent entities, affiliates, subsidiaries, prize suppliers, and advertising and promotion agencies (collectively, the “Sweepstakes Entities”), and their immediate families (spouse, domestic partner, parent, legal guardian, child, sibling, and their respective spouses, regardless of where they reside) or those living in the same households, whether or not related are not eligible to enter the Sweepstakes.

  3. How to enter the Sweepstakes. The Sweepstakes will start at 10:00 am eastern time (“EDT”) on November 5, 2017 and will end at 9:00 pm EDT on November 14, 2017 (the “Sweepstakes Period”). By participating in the Sweepstakes, each Entrant unconditionally accepts and agrees to comply with and abide by the Official Rules and the decisions of Hot Sox and BGIC, including the interpretation of the Official Rules and its exercise of discretion, which will be final and binding in all respects. There is one (1) method of entry for this Sweepstakes:

    To enter the Sweepstakes, during the Sweepstakes PeriodEntrants must follow @thehotsoxco  and @biggayicegream on Instagram, and like and comment on the affiliated @thehotsoxco and @biggayicegream Instagram posts with the Instagram handle of 1 friend. Entrants must complete these entry requirements in their entirety during the Sweepstakes Period to be eligible. (Disclaimer: This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram)

    Entrants may enter the Sweepstakes only once per post during the Sweepstakes Period. Duplicate entries will be discarded. Entries generated by script, computer programs, macro, programmed, robotic or other automatic means are void and will be disqualified. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to HOT SOX and BGIC’s satisfaction, the affected entry will be deemed ineligible. For purposes of this Sweepstakes, an entry is “received” when Hot Sox and BGIC’s servers record the entry information. Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” message) does not constitute proof of actual receipt of an entry for purposes of this Sweepstakes. Hot Sox and BGIC’s database clock will be the official time keeper for the Sweepstakes. Illegible and/or incomplete entries and entries submitted by Entrants who do not meet the eligibility requirement (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions, provide the required information in the entry or abide by these Official Rules or other instructions by Hot Sox and BGIC may be disqualified. Entrants may not be awarded with more than one prize pack.

    Entries for each weekly prize draw (“Weekly Prize Draw”) must be received during the respective weekly prize draw period described below (“Weekly Draw Period”), after which time the Weekly Draw Period will be closed and no further entries shall be accepted for that Weekly Prize Draw.

  4. Winner Selection and Prize ClaimingThe odds of winning depend on the number of eligible entries received. Hot Sox and BGIC will have complete discretion over the interpretation of the Official Rules, of administration of the Sweepstakes and selection of the winner. Decisions of Hot Sox and BGIC as to the selection of the winners are final. An Instagram direct message will be sent to the potential winners informing them of their prize. Notification is deemed to have occurred immediately upon sending of an Instagram direct message. To claim the prize, the potential winners must confirm the reception of notification via Instagram direct message and confirm that they can receive the prize delivery at their own residence or the residence of their legal guardian. Potential winners must provide any information/documents that may be required by Hot Sox and BGIC, all of which must be fully executed within forty-eight (48) hours of notification. If the potential winner fails to provide required information within the time period under the Official Rules, then Hot Sox and BGIC, will select an alternate potential winner who must comply with the Official Rules to receive the prize. Hot Sox and BGIC are not responsible for false, incorrect, changed, incomplete, or illegible contact information. Return of any prize notification as undeliverable will result in disqualification and selection of an alternate winner.

  5. Prize and Approximate Retail Value. The total Sweepstakes Prizes consists of three (3) prizes will be awarded to six (6) winners each. Prizes consists of: two (2) pairs of Hot Sox and one (1) $25.00 BGIC Gift Card (Total Approximate Retail Value “ARV” of $37.00).

    1. The prizes will be delivered to the residence of the winners or the winners’ legal guardian.

    2. The decision of Hot Sox and BGIC as to the eligibility of Entrants and as to the awarding of the prizes shall be final. Hot Sox and BGIC is solely responsible for these decisions. The prizes will be sent to the winner at the address he/she provides. Prizes may not be assigned to third parties.  Hot Sox and BGIC are not responsible for delays in delivery, loss, or damages of the prize. The winner shall bear all risk of loss to the prize after it has been processed for delivery. Hot Sox and BGIC are not under any obligation to provide the winner with any substitute prize. BGIC $25 gift card is not redeemable for cash.  Hot Sox and BGIC reserve the right to substitute a prize of equal or greater value without notice. The winners shall be solely responsible for all Federal, state and local taxes, registration fees, license fees, and other costs associated with winning and redeeming the prize.

  6. Release; Privacy. By attempting to participate in the Sweepstakes, each Entrant irrevocably and unconditionally releases the Sweepstakes Entities and their officers, directors, employees, representatives, affiliates, attorneys, successors, assigns and agents from and against any and all losses and any and all liability for any loss, harm, damages, costs or expenses, rights, claims, and actions of any kind which Entrant may have or sustain in connection with the Sweepstakes and/or acceptance of the Prize. By accepting a Prize, the winner grants to the Sweepstakes Entities the right to use his/her name, likeness, hometown, any media captured of the of the awarded prizes, and biographical information, for any lawful purpose, without further permission or compensation, except where prohibited by law. The Sweepstakes Entities are not obligated to use any of the above-mentioned information or material, but may do so and edit such information or materials at its sole discretion without further obligation or compensation. All personal information provided by an Entrant in connection with the Sweepstakes is subject to Hot Sox’s privacy policy located at

    List of Sweepstakes Winners/Official Rules. For results of the Sweepstakes and/or copy of these Official Rules, please send a hand-printed, self-addressed and stamped envelope to HOT SOX LLC, 95 Madison Ave #15, New York, NY 10016, Attention: Sweepstakes. Please indicate which Sweepstakes results or Official Rules you are requesting. Requests must be received no later than thirty (30) business days following the last day of the Sweepstakes Period.

  7. General Provisions. By entering the Sweepstakes, each Entrant agrees to waive any right to claim any ambiguity or error in the Official Rules, or in the Sweepstakes itself, and agrees to be bound by the Official Rules and by all decisions of Hot Sox and BGIC, which decisions will be binding and final in all respects. Hot Sox and BGIC may modify or suspend all or any portion of the Official Rules by posting a notice on the Hot Sox website. Any delay or failure by Hot Sox and BGIC to seek enforcement of any term of the Official Rules shall not constitute a waiver of any such provision of the Official Rules. The Sweepstakes Entities shall not be responsible for entries that are late, destroyed, incomplete, lost, misdirected, forged, damaged, mutilated, tampered with or that are otherwise not in compliance with the Official Rules. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provision will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. If, for any reason, the Sweepstakes is not capable of running as originally planned, Hot Sox and BGIC in its sole and absolute discretion, reserves the right to cancel, suspend or modify the Sweepstakes or any portion(s) thereof. All applicable Federal, state, and local laws, rules and regulations shall apply to the Sweepstakes.

    Any attempt by a person to deliberately damage any website or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil law. Should such an attempt be made, BGIC reserves the right to seek damages from any such Entrant to the fullest extent permitted by law and to disqualify such person from the Sweepstakes.

  8. Arbitration and Choice of Law. Except where prohibited by law, as a condition of participating in the Sweepstakes, each Entrant agrees that: (i) any and all disputes and causes of action arising out of or connected with the Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under rules of the American Arbitration Association and held at the AAA regional office located in New York; (ii) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (iii) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will an Entrant be permitted to obtain awards for, and each Entrant hereby waives all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorney’s fees, other than such Entrant’s actual out-of-pocket expenses (i.e., costs associated with entering the Sweepstakes), and Entrant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of contestants and Hot Sox and BGIC in connection with the Sweepstakes, shall be governed by, and construed in accordance with the substantive laws of the State of New York without regard to New York choice of law rules.