"$750 Giveaway” Sweepstakes Official Rules
BIG LITTLE MOMENTS SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN THE SWEEPSTAKES.
A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. MESSAGE & DATA RATES MAY APPLY
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM
1. PROMOTION PERIOD: The Gerber Childrenswear Big Little Moments Sweepstakes (the “Sweepstakes”) begins at 12:00 A.M. Eastern Time (“ET”) on March 1, 2023 and ends at 11:59 P.M. ET on March 31, 2023 (the “Promotion Period”).
2. ELIGIBILITY: The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia, who are 18 years of age or older as of date of entry who possess a web enabled mobile device as of February 28, 2023. Void outside the fifty (50) United States, the District of Columbia, and where prohibited and restricted by law. Employees, officers, directors, agents and representatives of Gerber Childrenswear LLC. (“Sponsor”); 360PR+ (“Agency”), Don Jagoda (“Sweepstakes Administrator”), their respective parent companies, subsidiaries, affiliates, officers, directors, governors, owners, partners, distributors, retailers, advertising/promotion/service agencies, dealers, licensors, agents, suppliers, and independent contractors, (collectively, the “Released Parties”) and each of their immediate family members and/or those living in the same household (defined as spouses, parents, siblings and children and anyone else residing in their same household) are not eligible for the Sweepstakes. All federal, state and local laws and regulations apply. The Sweepstakes is subject to all applicable federal, state, and local laws, rules, and regulations.
- Entry must be original and any text contained in Entry must be in English.
- Entry must not (and entrants represent and warrant that it will not), violate or infringe any third-party copyright, trademark, trade dress, or other proprietary right of any entity or person (living or deceased), including but not limited to rights of privacy, publicity or portrayal in a false light.
- Entry must not reference any commercial/corporate advertising, including but not limited to corporate logos, brand names (other than Sponsor’s), slogans, political, or religious statements, or be otherwise objectionable, as determined in Sponsor’s sole discretion.
- Entry must not include any commercial solicitation or promotional materials, websites, contact information or personally-identifiable information (e.g., first or last name, address, phone number, place of work, email address, etc.).
- Any Entry deemed inappropriate or unsuitable, in Sponsor’s sole discretion, will be disqualified and may be deleted.
- Entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor, the Released Parties, or their respective products and services, or other people, products or companies.
- Entry must not contain content that is false, inaccurate or misleading.
- Entry must not include references to any activity that Sponsor deems to be, in their sole discretion, lewd or indecent.
By submitting an Entry in this Sweepstakes, entrant grants Sponsor and all other such persons as Sponsor may designate, the absolute, irrevocable, worldwide, perpetual right and permission to use, reproduce, publish, store, post, display, distribute, modify, prepare derivative works of and/or otherwise use the Entry, in any manner, form, format or media now or hereinafter created, including on the Internet, and for any purpose, including but not limited to advertising of Sponsor, the Sweepstakes, and Sponsor’s products, all without further notice, consent or payment. Entries will not be judged.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to the Sponsor and not to Instagram.
5. WINNER NOTIFICATION: Potential Grand Prize winners will be notified via Direct Message to each potential winner’s Instagram handle on or around April 5, 2023 after the completion of random drawing. Winners will be required to supply their first and last name, date of birth, and shipping address within 48 hours after notification or prize will be forfeited and an alternate winner selected. If Sponsor is unable to reach the potential winners via DM or email, or if a potential winner does not want to accept the prize, he/she will be disqualified and an alternate winner will be selected and notified as stated above. Return of any prize notification or prize as undeliverable will result in disqualification and alternate selection (up to a maximum of three  alternates). Potential Prize winners are subject to verification by Sponsor and/or Administrator, and verification of potential winner is final and binding in all matters related to the Sweepstakes. All entries submitted become the sole property of the Sponsor. In no event will the Sponsor be obligated to award more than the stated number of prizes. Use of automated entry devices or programs is prohibited. The Sponsor and its agencies assume no responsibility for any injury or damage to entrants or to any other person’s computer or web-enabled device relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes. Winners must follow @gerberchildrenswear at the time of prize award or winner will be disqualified.
By accepting a prize, winner consents to the use of his/her/their name, image, likeness, photograph, voice, and biographical material for advertising, publicity, and promotional purposes by the Sponsor, in any and all media now or hereafter devised, including but not limited to, any online announcements on any of the Sponsor's’ websites or social media channels, worldwide in perpetuity, without additional compensation, notification, or permission, except where prohibited by law.
6. FIVE (5) GRAND PRIZES & APPROXIMATE RETAIL VALUE (“ARV”): Each Grand Prize consists of one (1) package of Modern Moments products valued at $100 and one (1) fifty-dollar ($50) Walmart gift card. Total ARV For Each Grand Prize $150; Total ARV for all Grand Prizes: $750. No substitution or transfer of prize permitted except at the sole discretion of the Sponsor who reserves the right to substitute a prize of equal or greater value.
7. GENERAL CONDITIONS, RELEASE AND LIMITATION OF LIABILITY:Winners are responsible for any and all applicable federal, state and local taxes. No transfer, assignment, substitution or cash equivalent for any prize will be permitted, except at the sole discretion of the Sponsor due to prize unavailability for any reason. In such circumstance, an alternate prize of equal value will be awarded and Sponsor’s obligation to the winners will be fulfilled, and no other additional compensation will be provided. In no event will more than the total number of prizes outlined in Rule #6 be awarded. If an entrant submits more than the stated number of Entries permitted, and/or if the Sponsor suspects that an entrant attempted to obtain additional Entries by using multiple or different accounts, email addresses, registrations, identities or any other method, Sponsor will void that entrant’s Entries and that entrant may be disqualified. Entries generated by script, macro or other automated means and Entries by any means which subvert the entry process are void. Entries will not be acknowledged or returned. The Released Parties are not responsible for lost, late, incomplete, misdirected, invalid or unintelligible entries, which will be disqualified. In exchange for the right to participate in the Sweepstakes, entrants/winners agree to release, discharge and hold harmless Released Parties from and against any and all liability (including, but not limited to, damages caused or claimed to be caused, losses, or injury) arising out of participation and/or acceptance/use or misuse of the prize, and agree to be bound by these Official Rules and Sponsor’s decisions, which are final. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. The Released Parties are not responsible for any typographical or other error in the printing of the Sweepstakes material, administration of the Sweepstakes or in the announcement of the prizes. NOTICE: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims. The Released Parties assume no responsibility for undeliverable emails, including but not limited to those resulting from any form of active or passive email filtering by a user's Internet service provider and/or email client or for insufficient space in user's email account to receive email. Sponsor reserves the right to cancel or modify the Sweepstakes if fraud, misconduct or technical failures threaten the integrity of the Sweepstakes; or if a computer virus, bug, or other technical problem corrupts the administration or security of the Sweepstakes as determined by Sponsor, in their sole discretion. In the event of termination, the drawing for the prizes will be conducted from among all eligible Entries received prior to termination. Any damage made to any website by an entrant will be the responsibility of the entrant and/or the authorized email account holder of the email address associated with the Entry. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules.
8. MISCELLANEOUS CONDITIONS: Except to the extent pre-empted by federal or other applicable state law, the Sweepstakes shall be governed by the laws of the State of South Carolina, without giving effect to any conflict of law provisions thereof. By participating in the Sweepstakes, entrants agree that any and all disputes which cannot be resolved between entrant and Sponsor, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in South Carolina, having competent jurisdiction, which court shall apply the laws of the State of South Carolina without giving effect to any conflict of law provisions thereof.
10. WINNERS LIST: For a list of the winners, available after May 4, 2023, send an email to: firstname.lastname@example.org with “Gerber Childrenswear Big Little Moments Sweepstakes 01-2766-09” as the subject line. Requests must be received by June 4, 2023. Winners’ list will be sent after the winners have been verified and prizes awarded.
11. SPONSOR: The Sponsor of this Sweepstakes is Gerber Childrenswear LLC, 7005 Pelham Road, Greenville, SC 29615.