Simple Modern 50K Sorority Giveaway Contest
OFFICIAL RULES
THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH META PLATFORMS, INC., BYTEDANCE LTD, X CORP., OR ANY ENTITY OR PERSON OTHER THAN THE SPONSOR IDENTIFIED HEREIN.
No purchase necessary to enter or win. Void where prohibited. A purchase will not increase your chances of winning. By entering, you understand that you are agreeing to these Official Rules and to provide your information to Real Value LLC dba Simple Modern (the “Sponsor” or “Simple Modern”) to administer the Contest (as defined herein). The information you provide will only be used in accordance with the Sponsor’s privacy policy which may be viewed at https://www.simplemodern.com/pages/privacy-policy. VOID WHERE PROHIBITED BY LAW.
This is a creative essay contest. These Official Rules apply only to the creative essay contest. By entering this contest, you will not be entered into any other sweepstakes or promotion that the Sponsor may be running simultaneously with this contest. To enter into any other sweepstakes or promotion, you must review the relevant rules for entry and follow those instructions accordingly.
The Contest entry period begins at 8:00:01 a.m. Central Time (“CT”) Tuesday, April 2, 2024 and ends at 11:59:59 p.m. CT Tuesday, April 30, 2024 (“Contest Entry Period”).
The Simple Modern 50K Sorority Giveaway Contest (“Contest”) will consist of registering in the Contest and submitting an essay (as later defined in these Official Rules) to be judged by the judges to determine the winning entry.
After being submitted all eligible entries will then be reviewed for compliance with these Official Rules (“Official Rules”) and, if compliant, will be made available for the Contest judging. The Sponsor will judge each eligible entry, based on a pre-defined judging criteria, as later described in these Official Rules, to determine no more than three (3) winning entries per Region (as defined herein).
All Prize Winners will be announced publicly on social media on or about July 15, 2024. All Prize Winners will be notified by email communication at the address provided on or about May 31, 2024. Sponsor will distribute up to 50,000 Trek Tumblers among Prize Winners in accordance with these Official Rules only while supplies last. Winners are chosen based on the highest scores, as set-forth in more detail herein. If a Region already has three winners, the Prize goes to the next highest scorer in a Region with fewer Winners. This process will continue until up to 50,000 Trek Tumblers have been awarded.
The Contest is open only to legal residents of the fifty (50) United States and the District of Columbia (each hereinafter, a “Region”) who are eighteen (18) years of age or older, or the age of majority where you reside, whichever is older, and are a member of a university or college recognized women’s sorority, club, or organization (“Authorized Club”) at the time of entry and have the authority to create a submission on behalf of the Authorized Club (each Authorized Club an “Entrant” or “you”). Sponsor and employees of Sponsor (collectively the “Sponsor Entities”), and each of their respective parents, affiliates, subsidiaries, advertising and promotion agencies, (collectively the "Contest Entities"), retailers, distributors and suppliers, whether or not related, are ineligible to participate or win a Prize. Each Entrant agrees and understands that participation in the Contest is subject to all applicable federal, state and local laws and regulations.
All Entrants (as defined above) agree to be bound by these Official Rules and the decisions of the Sponsor shall be final and legally binding in all respects. All Entrants hereby release Sponsor, Contest Entities, Sponsor Entities, and each of their respective parents, affiliated companies subsidiaries, and all other businesses involved in this Contest, as well as the employees, officers, directors, shareholders, representatives, agents, successors and assigns of each, of the foregoing (collectively, the “Released Parties”), from all claims, liability, lawsuits, costs, expenses, fees, injuries (including death), losses, and damages relating to their participation, acceptance and use misuse of any Prize (as defined below). Winners assume all liability for any injury or damage, including death caused or claimed to be caused by participation in this Contest or use or redemption of Prize. Winning a Prize is contingent on fulfilling all requirements in these Official Rules.
ENTRY NOTES:
Incomplete, invalid, unsuitable, or otherwise non-compliant Entries (as determined in Sponsor’s sole and absolute discretion) will not be eligible. If, upon review, Sponsor, or its authorized representative(s), is unable to determine that an Entry is compliant, or reasonably suspects that it is not compliant in whole or in part, the Entry as a whole may be disqualified. Proof that you uploaded an Entry does not constitute proof or evidence that it was received within the Contest Period or eligible for the Contest. Entries become the property of Sponsor and will not be returned. Entries submitted via any other entry method than stated herein will not be accepted. Entries may only be submitted by a single registered email account user; commercial submissions are not permissible. Multiple entrants are not permitted to share the same device, account, IP or email address. Entrants may not (whether apparent or suspected) enter through a sweepstakes/contest club or exchange site (or similar method, whether or not paid), with multiple or false identities, accounts, or devices, or use multiple e-mail and/or street addresses, or use any other device or artifice to enter. Engaging directly or indirectly in any (apparent or suspected) artifice, cheating, fraud, spamming, phishing, on-line clubs (or similar methods), exchange sites, robotic, automatic, macro, programmed or like participation methods as determined in Sponsor’s sole and absolute discretion, will void all such Entries, and disqualify any entrant suspected of using/benefitting from such methods.
Without limiting the foregoing, Entry/Entrant will be disqualified if Sponsor believes the Entry is not in the spirit of the Contest, is not compliant herewith, or awarding the Prize to any person will have a detrimental impact on Sponsor, this Contest, or any of Sponsor’s brands, products or services.
Contest Entities assume no responsibility for lost, late, incomplete, ineligible, inaccurate, undelivered, delayed, destroyed, damaged, or misdirected Contest related communications (in whole or in part including into entrant’s spam/junk folders); or for any equipment, computer, telephone, device, network, platform, app, electronic, hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt, or jumbled transmissions; nor service provider, Internet, website, user accessibility or availability, incompatibility, traffic congestion, unauthorized human intervention or any human error, or the incorrect or inaccurate capture of Entry, or other information, nor for the failure to capture or display any such information.
Entrants must not engage in phishing or spamming. Apparent or suspected phishing or spamming, sending of junk communications or the use of any unauthorized method or automated system to participate is prohibited, and, if discovered at any time will void the applicable Entry and entrant suspected of using/benefitting from such methods in Sponsor’s sole and absolute discretion.
Entry Notes: Once any entry is submitted, Entrant cannot access/revise such entry in any way. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected Entry will be deemed ineligible.
The Sponsor will judge each Eligible Entry based on the following criteria to determine no more than three (3) Prize Winner for each Region.
50% Past examples of generosity
50% Current need and plan for the Prize
At the conclusion of the judging, the Entry with the highest score, as judged in the Sponsor’s sole discretion, will be the Winner. While supplies last, the next highest score, as judged in the Sponsor’s sole discretion, will also be a Winner unless the Region already has three (3) Winners, in which case, the Entry with the next highest score in a Region that has two (2) or fewer Winners will be selected. Sponsor will continue to judge and select winners based on the highest score until it has depleted the 50,000 Trek Tumblers in its supply for this Contest. In the event of a tie, a third-party judge selected by the Sponsor will judge the tied entries to determine the Winner.
Sponsor reserves the right to disallow, or not to publish, any Entry that they believe is inappropriate, in bad taste, offensive, or contrary to the beliefs or convictions of Sponsor.
LIMIT: One (1) Contest Entry may be submitted per university or college recognized women’s sorority, club, or organization. Entries in excess of this limit will be disqualified if discovered by Sponsor; in such event, only the first Entry will be considered by Sponsor. The “Quantity Requested” on the submission must not (a) be less than 300 and (b) may not exceed 1,000. Sponsor has three color/ornamentation offerings available for the Contest. Limited quantities of each are available. Applicants must rank their top two ornamentations. Winners are not guaranteed to receive their choice.
Accessing the Contest via your wireless mobile device (only available via participating wireless carriers), data rates may apply for each message sent or received from your handset, or for data usage while accessing the Contest through your mobile device, according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in the Contest. Mobile device service may not be available in all areas. Check your phone's capabilities for specific instructions. Sponsor is not responsible for any charges.
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT THEIR ENTRY AND AUTHORIZED CLUB, INCLUDING THE NAME, IMAGE, OR LIKENESS OF SUCH AUTHORIZED CLUB’S MEMBERSHIP, MAY BE POSTED ACROSS ANY OR ALL OF THE SPONSOR’S AND OTHER RELEASED PARTIES’ DIGITAL AND SOCIAL ASSETS AND OTHER MEDIA, AT THE SPONSOR’S DISCRETION. Submission of an Entry grants the Sponsor and its agents the right to publish, use, adapt, edit, publicly perform and/or modify such Entry in any way, in any and all media, including for use in advertising and marketing, without limitation, and without consideration to Entrant.
At the Conclusion of the Contest, the Entry with the highest score, in the Sponsor’s sole discretion, will be the Winner and will be announced on or about Monday, July 15, 2024. Winner will be notified via email or phone by the Sponsor.
If the selected Winner is unable to accept a Prize in its entirety for any reason, the selected Winner will forfeit the Prize and the Prize will be awarded to an alternate winner.
By accepting a Prize, the Winner irrevocably grant(s) Sponsor the right and permission (except where prohibited by law) to use Winner’s name, Prize won, likeness, photograph, voice, address (state) and biographical information in any media throughout the world in perpetuity for purposes of advertising, online posting, and publicity in connection with the Contest without additional compensation.
Potential winner will be notified by the Sponsor via email or phone. The failure to respond to such notification or a potential winner’s noncompliance with these Official Rules may result in disqualification, and at Sponsor’s sole discretion, an alternate Winner may be selected. The alternate Winner will be the next Entry with the highest score.
Subject to Entrant’s compliance with these Official Rules and while supplies last, each Winner will receive a minimum of 300 Trek Tumblers to a maximum of 1,000 Trek Tumblers to be distributed to their respective Authorized Club (“Prize”) based on the Quantity Requested in submitting their Entry. The retail value of each Trek Tumbler is $29.99. The total amount of Trek Tumblers that may be distributed to Prize Winners shall not exceed 50,000. If the actual value of a Prize is lower than the retail value stated in these Official Rules, the difference will not be awarded.
Sponsor will not replace any lost, mutilated, undeliverable, returned, refused or stolen Prizes. Winner is responsible for any and all applicable local, state, and/or federal taxes.
Winner, and all members of the winner’s Authorized Club, may be required to sign and return to the Sponsor, an affidavit of eligibility/publicity and liability release and W-9 taxpayer request for identification, and return it properly executed, within five (5) calendar days of attempted notification as a condition of awarding the Prize.
The winner is responsible for all applicable federal, state, local sales and income taxes and any costs, expense(s) or fees whatsoever in connection with the Prize. The winner will receive an IRS Form 1099 issued in the winner’s name if required by law. ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
In order to receive the Prize, winner and each member of the winner’s Authorized Club, must agree to create and share at least: (a) one Instagram post; (b) two Instagram stories; and (c) one Instagram reel depicting their use or donation of the Trek Tumblers in the Fall semester of 2024 (hereinafter, “Posts”). Each Posts must mention @ShopSimpleModern. All Posts must: (a) comply with Instagram’s Community Guidelines, Terms of Use, Privacy Policy and all incorporated policies and terms contained therein; (b) contain content that is original, respectful, and suitable for Sponsor’s audience; (c) reflect the member’s own honest opinions, beliefs, and experiences; (d) comply with all applicable laws, rules, and regulations, including the Federal Trade Commission’s rules and guidelines concerning endorsements and testimonials; (e) refrain from incorporating offensive language, derogatory remarks, inappropriate imagery, or any other harmful, illegal, or objectionable content; (f) refrain from making false or factually incorrect statements about Trek Tumblers; (g) refrain from violating the intellectual property rights of others; (h) refrain from including personally identifiable information about anyone, other than the member; and (i) refrain from using the name, image, or likeness of anyone other than the member. Winner, and each member of the winner’s Authorized Club, must agree to, sign, and return Sponsor’s social media and standards of conduct policies.
The Contest is governed by the laws of the United States, state of Oklahoma without regard to conflict of laws principles, with venue in Cleveland County, and all claims must be resolved in the courts of Cleveland County, Oklahoma. As a strict condition of participating in the Contest, Entrants agree; (a) to abide by these Official Rules and the decisions of Sponsor, which shall be final and legally binding in all respects; (b) to the use of their names and/or likenesses and/or biographical data by Sponsor and its designees for advertising, promotional advertising, and other purposes in any and all media now or hereafter known throughout the world in perpetuity from the conclusion of the Contest at discretion of Sponsor without compensation, permission or notification (except where prohibited by law); (c) THAT RELEASED PARTIES SHALL HAVE NO LIABILITY AND SHALL BE HELD HARMLESS FOR ANY DAMAGE, LOSS OR INJURY TO AN ENTRANT OR ANY THIRD PARTY RESULTING FROM PARTICIPATION IN THIS CONTEST OR THE USE OR MISUSE OF ANY PRIZE. PRIZES ARE AWARDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES EXCEPT FOR ANY “IN THE BOX” WARRANTY THAT MAY BE PROVIDED WITH A PRIZE; (d) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT OF POCKET EXPENSES, IF ANY; (e) ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST, OR ANY COMPENSATION OR CREDIT TO BE PROVIDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (f) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED TO ACTUAL OUT OF POCKET COSTS INCURRED, IF ANY, AND IN NO EVENT SHALL ENTRANT BE ENTITLED TO RECEIVE ATTORNEYS’ FEES OR OTHER LEGAL COSTS OR EXPENSES.
Released Parties are not responsible for lost, interrupted or unavailable network, server or other connections, miscommunications, failed phone, computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, scoring errors or other problems or errors related to participation in the Contest or other errors or problems of any kind whether typographical, printing, human, mechanical, computer, electronic or otherwise relating to or in connection with the Contest, including, without limitation, errors or problems which may occur in connection with the administration of the Contest, the results of the Contest, Contest Judging, the incorrect uploading of any Entry, the announcement of the Prize or in any Contest-related materials or for any damage to your or any other person’s computer hardware or software as a result of participation. Released Parties are not responsible for entries that are late, lost, stolen, incomplete, inaccurate, undelivered, misdirected, garbled or delayed by computer transmissions. Persons found tampering with or abusing any aspect of this Contest or who are in violation of these Official Rules as solely determined by the Sponsor or Sponsor will be disqualified and all associated Entries will be void. Every submission must be manually entered by the individual participant and repetitive automated electronic submission of entries is specifically disallowed. In the event the Contest is compromised by virus, bugs, non-authorized human intervention, artificial intelligence (“AI”), or other causes which corrupt or impair the administration, security, fairness or proper play of the Contest, or if the Contest is unable to run as planned for any other reason, Sponsor reserves the right in its sole discretion to suspend or terminate the Contest or any portion thereof and/or terminate the participation of any participant (and void his/her Entry) whose conduct potentially compromises the Contest and, if terminated, at Sponsor’s discretion, and if possible conduct a random drawing from all non-suspect entries received up to time of such action.
IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ENTRANT’S PARTICIPATION IN THIS CONTEST OR FROM AN ENTRANT’S DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITE ASSOCIATED WITH THIS CONTEST.
By entering the Contest, each Entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and the decisions of Sponsor which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action, or proceeding against any Contest Entities or Released Parties in connection with the Contest; and (iv) to forever and irrevocably agree to release, defend, indemnify, and hold harmless each of the Contest Entities and Released Parties and the social media platforms used to facilitate entry from and against any and all alleged or actual claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) for any injuries, losses or damages of any kind to persons, including death, or property resulting in whole or in part, directly or indirectly, from: (a) the Contest, including but not limited to any Contest-related activity or element thereof, and the Entrant’s Entry, participation or inability to participate in the Contest or any component thereof, (b) the violation of any third party privacy, personal, publicity, proprietary or any other rights, (c) typographical or printing errors in these Official Rules or any Contest materials and/or announcements, (d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use or misuse of a Prize (or any component thereof), (e) any change in the Prizing (or any components thereof) due to unavailability, or due to reasons beyond Sponsor’s control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, event cancellation or delays, or any other cause similar or dissimilar beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation, or modification of the Contest, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission or any failure with respect thereto of any part of the Entry (including, without limitation, the information or any parts thereof), (i) any technical malfunctions or unavailability of the website, social media platform or any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, social media platform, or mail service utilized by any of the Released Parties or by an Entrant, (j) interruption or inability to access the Contest, the website, the social media platform, or any other Contest -related web pages or platforms, or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to Entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Contest, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Entries, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (o) lost, late, stolen, misdirected, damaged or destroyed Prizing (or any element thereof), (p) the collection, use and/or sharing of entities personally identifiable information by Sponsor or their designees or (q) the negligence or willful misconduct by Entrant. You further agree that that none of the Contest Entities will be liable to you under tort, contract, strict liability, negligence or any other legal or equitable theory, for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages); that damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, service, property, product or other content owned or controlled by Sponsor, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any website, property, product, service, or other content owned or controlled by Sponsor; that Sponsor is not responsible for the actions, content, information, or data of third-parties, and you release the Released Parties from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third-parties; and that the use of your name, voice, performance, photograph, caption, entry, and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from Entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use. Any failure by Sponsor to enforce any of these Official Rules will not constitute a waiver of such Official Rules. If there is a conflict between any term of the Official Rules and any marketing or entry materials used in connection with the Contest, the terms of these Official Rules will govern.
You represent and warrant that you have all necessary authority to (a) agree to the terms and conditions of these Official Rules on behalf of your Authorized Club; (b) perform fully any obligations you or your Authorized Club have under these terms and conditions; and (c) act as a duly authorized representative of the Authorized Club. For the avoidance of doubt, if any member of your Authorized Club brings any claim under tort, contract, strict liability, negligence or any other legal or equitable theory, for any loss or damages of any kind, you agree to indemnify and hold harmless Sponsor for any such claims.
For name of all prize winners, please visit the Sponsor’s 50k Sorority Giveaway page in July 2024 at https://www.simplemodern.com/pages/50k-sorority-giveaway.
Sponsor: Real Value LLC dba Simple Modern, 750 Southwest 24th Street, Suite 300, Moore, Oklahoma 73160.