OFFICIAL RULES: Milk Bar 2020 B’Day Raffle
- NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
- SPONSOR: The sponsor of the Sweepstakes is MomoMilk, LLC d/b/a Milk Bar (“Sponsor”), 382 Metropolitan Avenue, Brooklyn, NY 11211. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram.
- PROMOTION PERIOD: The Sweepstakes begins at 12:00 am Eastern Standard Time (EST) on September 29, 2020 and ends at 11:59 pm EST on November 30, 2020 (“End Time”).
- ELIGIBILITY: The Sweepstakes is open only to residents of the 48 continental United States of America or the District of Columbia who are 18 years of age or older (“Entrant”). Employees of Sponsor, Prize Providers (as defined in Rule 6 below), and each of the foregoing entities’ affiliates, authorized designees and other related entities, and any other individual or entity associated with the development or administration of the Sweepstakes (collectively, the “Sweepstakes Entities”), as well as members of such employees’ immediate families (spouses, children, siblings, parents), and persons living in the same household as such persons, whether or not related, are not eligible to participate in the Sweepstakes or win a prize.
- PRIZES/ODDS: One (1) Milk Bar Birthday Cake and one (1) 12-count box of Milk Bar B’Day Truffles (collectively, the “Prize”). The Prize is $74.00 in retail value. Five (5) Prizes awarded for each calendar month (Fifteen (15) Prizes total). The Prize shall be fulfilled by Sponsor (“Prize Provider”). Odds of winning the Prize depend on the total number of eligible Entries received and the birthdays provided for a given month. Any unspecified expenses related to acceptance and use of the Prize are the winner’s sole responsibility. The Prize is not transferable except with Sponsor’s written consent which may be granted or withheld in its sole discretion and without liability of any kind. Limit of one (1) Prize per person, family or household. No cash alternative or substitution of prize will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize of comparable value, in whole or in part, for any reason. THE WINNER IS RESPONSIBLE FOR REPORTING AND PAYING ANY AND ALL INCOME, SALES OR EXCISE TAXES THAT MAY APPLY TO ACCEPTING PRIZE; SPONSOR AND OR PRIZE PROVIDERS ARE NOT RESPONSIBLE FOR AND WILL NOT PAY ANY SUCH TAXES. TOTAL RETAIL VALUE OF THE PRIZE: $74.00.
- WINNER SELECTION: Prize winners will be determined on a monthly basis by random selection conducted by Sponsor from among all eligible Entries as of the end of each calendar month during the Promotion Period, on or around the first day of the immediately following calendar month; provided, that eligible Entries for a given month will be further limited to those Entrants who, during the account creation requirement for entry, provided a birthday which takes place in the month of selection. By way of example, the winners selected for November 2020 will be chosen from among all eligible Entries as of the end of October 2020 for which the relevant Entrant, during entry, entered a birthday that takes place in November. Up to five (5) winners per calendar month. All results of the selection are final and binding, subject to these Official Rules. In the event of a dispute as to the identity of a winner, the winner will be deemed to be the person who is the holder of the email account used to submit entry (i.e., the natural person who is assigned to an email address by an Internet access provider, on-line service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address). In the event a winning entry is discovered to be invalid for any reason whatsoever or the person who submitted the winning entry fails to comply with these Official Rules prior to delivery of the Prize, the Prize may be forfeited and awarded to an alternate winner. No more than the advertised number of prizes will be awarded.
- NOTICE TO WINNER: Attempts to notify potential winners will be made using the email addresses used to submit entries. Sponsor is not responsible for failure to contact potential winner, regardless of cause. If, despite reasonable efforts, a potential winner does not respond within three (3) days of the first notification attempt or if the Prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected.
- VERIFICATION OF WINNERS: Potential winners may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If a potential winner fails to sign and return Prize Claim Documents (if applicable) within five (5) days of prize notification, the winner may be disqualified and an alternate winner may be selected.
- SWEEPSTAKES ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ENTRIES THAT ARE ENTERED BY OTHER THAN HUMAN MEANS (SUCH AS BY AN AUTOMATED COMPUTER PROGRAM OR ANY NON-HUMAN MECHANISM, ENTITY, OR DEVICE), IN EXCESS OF THE STATED LIMIT, OR FOR ENTRIES THAT ARE LATE, FORGED, DESTROYED, LOST, MISPLACED, STOLEN, MISDIRECTED, TAMPERED WITH, INCOMPLETE, DELETED, DAMAGED, ERRONEOUS, OR OTHERWISE NOT IN COMPLIANCE WITH THESE OFFICIAL RULES, AND ALL SUCH ENTRIES WILL BE DISQUALIFIED. BY ENTERING THE SWEEPSTAKES, EACH ENTRANT AGREES: (A) TO BE BOUND BY THESE OFFICIAL RULES AND BY ALL APPLICABLE LAWS AND ALL DECISIONS OF SPONSOR WHICH SHALL BE BINDING AND FINAL IN ALL RESPECTS; (B) TO WAIVE ANY RIGHTS TO CLAIM AMBIGUITY WITH RESPECT TO THE OFFICIAL RULES; (C) TO WAIVE ALL OF HIS OR HER RIGHTS TO BRING ANY CLAIM, ACTION, OR PROCEEDING AGAINST ANY OF THE SWEEPSTAKES ENTITIES; AND (D) TO RELEASE, INDEMNIFY, AND HOLD HARMLESS INSTAGRAM AND EACH OF THE SWEEPSTAKES ENTITIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, FROM ANY LIABILITY (INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY PROPERTY LOSS, DAMAGE, PERSONAL INJURY, BODILY INJURY, DEATH, LOSS, EXPENSE, ACCIDENT, DELAY, INCONVENIENCE OR IRREGULARITY), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE OUTSIDE ATTORNEY’S FEES) THAT MAY ARISE IN CONNECTION WITH: (I) THE ENTRANT’S PARTICIPATION OR INABILITY TO PARTICIPATE IN THE SWEEPSTAKES, (II) TYPOGRAPHICAL ERRORS IN THE OFFICIAL RULES OR ANY SWEEPSTAKES PROMOTIONAL MATERIALS, (III) ACCEPTANCE OR POSSESSION, DEFECTS IN, USE, MISUSE OR INABILITY TO USE ANY PRIZE (OR ANY COMPONENT THEREOF), (IV) ANY CHANGE BY ANY COMPANY OR ANY OTHER PERSON PROVIDING ANY OF THE COMPONENTS OF A PRIZE DUE TO REASONS BEYOND ANY OF THE SWEEPSTAKES ENTITIES’ CONTROL OR AS OTHERWISE PERMITTED HEREUNDER, (V) ANY INTERRUPTIONS IN OR POSTPONEMENT, CANCELLATION, OR MODIFICATION OF THE SWEEPSTAKES, (VI) HUMAN ERROR, (VII) INCORRECT OR INACCURATE TRANSCRIPTION, RECEIPT OR TRANSMISSION OF ANY PART OF THE ENTRY (INCLUDING, WITHOUT LIMITATION, THE ENTRY INFORMATION OR ANY PARTS THEREOF), (VIII) ANY TECHNICAL MALFUNCTIONS OR UNAVAILABILITY OF ANY WEBSITE OR ANY TELEPHONE NETWORK, COMPUTER ONLINE SYSTEM, COMPUTER DATING MECHANISM, COMPUTER EQUIPMENT, SOFTWARE, OR INTERNET SERVICE PROVIDER UTILIZED BY ANY OF THE SWEEPSTAKES ENTITIES OR BY AN ENTRANT, (IX) INTERRUPTION OR INABILITY TO ACCESS THE SWEEPSTAKES, ANY SWEEPSTAKES-RELATED WEB PAGES, OR ANY ONLINE SERVICE VIA THE INTERNET DUE TO HARDWARE OR SOFTWARE COMPATIBILITY PROBLEMS, (X) ANY DAMAGE TO ENTRANT’S (OR ANY THIRD PERSON’S) MOBILE DEVICE OR ITS CONTENTS RELATED TO OR RESULTING FROM ANY PART OF THE SWEEPSTAKES, (XI) ANY LOST OR DELAYED DATA TRANSMISSIONS, OMISSIONS, INTERRUPTIONS, DEFECTS, OR ANY OTHER ERRORS OR MALFUNCTIONS, (XII) ANY WRONGFUL, NEGLIGENT, OR UNAUTHORIZED ACT OR OMISSIONS ON THE PART OF ANY OF THE SWEEPSTAKES ENTITIES, OR ANY OF THEIR AGENTS OR EMPLOYEES, OR (XIII) ANY OTHER CAUSE, CONDITION OR EVENT WHATSOEVER BEYOND THE CONTROL OF ANY ONE OR MORE OF THE SWEEPSTAKES ENTITIES. EACH WINNER HEREBY ACKNOWLEDGES THAT THE SPONSOR HAS NEITHER 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 ANY PRIZE OR COMPONENT THEREOF, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES PROVIDED BY THE PRIZE PROVIDERS.
- Except where prohibited by law, acceptance of a prize constitutes winner’s permission for Sponsor to use winner’s name, photograph, likeness, voice, biographical information, statements, address (city and state) and other indicia of persona for advertising or publicity purposes, worldwide, and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Winner further agrees, without further compensation, to sign additional documents confirming such permission upon Sponsor’s request.
- Sponsor’s failure to enforce any provision of these Official Rules shall not constitute the waiver of such provision. Sponsor reserves the right to suspend or cancel the Sweepstakes due to any cause beyond the Sponsor’s control which prevents the Sweepstakes from being conducted as originally intended (e.g., natural disaster, fraud, tampering or riot). In such case, Sponsor will select the winners from among all eligible Entries received prior to and/or after the action taken by Sponsor (as applicable) or otherwise in a manner of Sponsor’s sole choosing which is fair, appropriate and consistent with these Official Rules. Notice of such action by Sponsor will be posted on Sponsor’s website at milkbarstore.com. Sponsor reserves the right, in its sole discretion, to disqualify from the Sweepstakes, and ban from any future promotions, any person it believes to have intentionally violated these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or to have tampered with any element of the Sweepstakes without notice to the disqualified or banned person. (But, disqualification and the ban on participation in future promotions shall not represent the sole remedies available to Sponsor.)
- All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants and Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice of law or conflict of laws rules or provisions (of New York or any other jurisdiction). Any legal claims arising out of or relating to the Sweepstakes or these Official Rules must be brought in the federal or state courts located in New York, New York. By participating in the Sweepstakes, you consent to the personal and exclusive jurisdiction of such courts, waiving any right of inconvenient forum, change of venue or the like. You further agree, to the fullest extent permitted by law, that any such dispute shall be resolved individually (not via class action) and that your recovery shall be limited to out-of-pocket costs incurred in participating in the Sweepstakes (if any), with all other forms of relief (including damages) being waived.
- To obtain a winners list or a copy of these Official Rules, send a self-addressed envelope with the proper postage affixed to: MomoMilk, LLC d/b/a Milk Bar, Attn: Legal, 382 Metropolitan Avenue, Brooklyn, NY 11211. Please specify “winners list” or “Official Rules” and the name of the Sweepstakes in your request. Such requests must be received by December 31, 2020.