Official Rules for the “2021 Black-Owned Business Sweepstakes”

NO PURCHASE NECESSARY TO WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Agreement to Official Rules. Participation in the “2021 Black-Owned Business Sweepstakes” (the “Sweepstakes”) constitutes each Eligible Entrant’s and Eligible Business Nominee’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein. The Sweepstakes is sponsored by Guru Denim LLC, 500 West 190th Street, Suite 300 Gardena, CA 90248 (“Sponsor”). This Sweepstakes is not sponsored, endorsed, or administered by Instagram, and Instagram is not associated with the Sweepstakes in any way. Any questions, comments, or complaints regarding the Sweepstakes must be directed to Sponsor, and not to Instagram. You are providing your information to Sponsor and not to Instagram.

2. Odds. The odds of winning a prize will be determined by the number of eligible entries received.

3. Eligibility. The Sweepstakes is open to (a) individual entrants who are legal residents of, and physically located within, any of the fifty (50) United States (excluding Florida and New York, but including District of Columbia), who are at least eighteen (18) years of age or older as of the date of entry (or 19 if resident of AL or NE, or 21 if resident of MS) (each, an “Eligible Entrant”) and (b) Black-owned United States business entities (defined as a business with Black or African American owners holding at least 51% of the stock or equity in the business and who are legal residents of, and physically located within, any of the fifty (50) United States (excluding Florida and New York, but including District of Columbia), who are at least eighteen (18) years of age or older as of the date of nomination (or 19 if resident of AL or NE, or 21 if resident of MS) (each, an “Eligible Business Nominee”). All directors, officers and employees of Sponsor and its affiliates, sales representatives, distributors, licensees, agents, advertising and Sweepstakes agencies, and each of their immediate family members (spouses, parents, children, and siblings and their respective spouses), and those living in the same household as each, are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.

4. Entry Period. The Sweepstakes entry period begins on 1:00 pm Pacific Standard Time (“PST”) on February 2, 2021 and ends on 11:59 pm PST on February 6, 2021 (the “Entry Period”). Sponsor’s computer shall be the official time-keeping device for the Sweepstakes.

5. How to Enter Sweepstakes. To enter the Sweepstakes, during the Entry Period, you must (a) visit www.instagram.com/truereligion (the “Page”), (b) “Follow” the Sponsor’s Page (if the Eligible Entrant does not already), and (c) submit an entry into the Sweepstakes by liking the Sponsor’s Black-Owned Business Sweepstakes post on the Page and tagging at least two (2) of the Eligible Entrant’s friends by using the feature “@[insert friend’s name]”. To enter the Sweepstakes, you must be an active holder of a non-private Instagram account (holders of private account settings may not enter in this method). If you do not have the Instagram application, you may download it through the application store on your mobile device. The Instagram application is free, and Instagram’s Terms of Use apply. For details, visit http://instagram.com/legal/terms/. If you enter using a mobile device on a wireless service provider’s network (as opposed to a Wi-Fi network), your carrier’s text and data rates will apply. You should consult your wireless service provider’s pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier. Limit of one (1) entry per person/household for the Sweepstakes.

6. Random Drawing. Sponsor will hold a total of four (4) random drawings on or about February 8, 2021 from all eligible Sweepstakes entries received by the Sponsor during the Entry Period set forth to select four (4) potential Eligible Entrant winners in the Sweepstakes. Receiving a prize is contingent upon compliance with these Official Rules.

7. Winner Verification and Eligible Business Nominee Nomination. Each potential Eligible Entrant winner will be notified by Sponsor approximately two (2) days following the random drawing via Instagram direct message to verify eligibility and accept the prize. After verification, each Eligible Entrant winner will also have the opportunity to nominate one (1) Eligible Business Nominee (which many include the Eligible Entrant’s own eligible business) that satisfies the requirements of these Official Rules to receive a prize in the Sweepstakes. Each potential Eligible Business Nominee winner will be notified by Sponsor approximately two (2) days following nomination via Instagram direct message or other available means to verify eligibility and accept the prize. Sponsor has the right to make the final determination regarding which Eligible Business Nominee will receive the prize, including but not limited to having the right, in its sole discretion, to reject any potential Eligible Business Nominee winner if such Eligible Business Nominee or the Eligible Entrant winner who nominated such Eligible Business Nominee has not complied with these Official Rules or the Eligible Business Nominee’s business is not consistent with the brand or image of Sponsor as determined by Sponsor in its sole discretion. In the event the potential Eligible Business Nominee is rejected by Sponsor, the Eligible Entrant winner will have the opportunity to nominate another Eligible Business Nominee for consideration by Sponsor. The Eligible Entrant is prohibited from receiving any consideration from any person (including, but not limited to, the Eligible Business Nominee) in return for the prize. For purposes of clarification, the Eligible Business Nominee prize is not considered funds of the Eligible Entrant at any time and the Eligible Entrant has no right to or interest in such prize. If the Sponsor is unsuccessful in its attempt to reach and speak directly with the potential winner within two (2) days of the initial notification attempt, then that potential winner may be disqualified.

   Each potential Eligible Entrant winner and Eligible Business Nominee winner will be required to execute and return an affidavit of eligibility/liability release and, where lawful, a publicity release (collectively, the “Affidavit/Release”) and other reasonably requested information to verify eligibility within seven (7) days of date of issuance. Each Eligible Entrant winner and Eligible Business Nominee winner is fully responsible for any and all applicable federal, state, and local taxes associated with the prize. Each Eligible Entrant winner and Eligible Business Nominee understands that the Sponsor or its respective agents may advise the United States Internal Revenue Service of the value of the prize awarded in the form of an IRS Form 1099, or otherwise. Each Eligible Entrant and each Eligible Business Nominee understands that, prior to being entitled to receive any prize, and prior to receiving any prize, such Eligible Entrant or Eligible Business Nominee will be required to first provide Sponsor with all of Eligible Entrant’s or Eligible Business Nominee’s applicable taxpayer identification information and other required and reasonably requested tax and tax-related documentation (e.g., IRS Form W-9, government-issued photo identification, etc.). If the winner does not have a SSN/FEIN and therefore cannot provide one on the Affidavit/Release and does not submit a complete and correct Form W-9, the Sponsor will have the right, if required by applicable law, to withhold federal income tax according to applicable federal tax law and submit that withheld amount to the U.S. Treasury on the winner’s behalf, and the winner will receive a prize that is net of the federal income tax withheld. If such potential winner declines in writing to accept a prize, such required information or documents are not returned within the specified time period, prize or prize notification is returned as undeliverable, the Sponsor is unable to contact a potential winner within a reasonable time period, or a potential winner is not otherwise in compliance with these Official Rules, the potential winner will forfeit the prize. In the event that a potential Eligible Entrant winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate Eligible Entrant winner by random drawing from among all remaining Eligible Entrant entries. If necessary, there will be three (3) alternate drawings, after which the prize will remain unawarded.

8. Prizes. Sponsor will award one (1) $500 prize to each Eligible Entrant winner of the random drawing for a total of four (4) Eligible Entrant winners in the Sweepstakes. Sponsor will award one (1) $1,000 prize to each Eligible Business Nominee winner who is nominated by each Eligible Entrant winner for a total of four (4) Eligible Business Nominee winners in the Sweepstakes. Total Approximate Retail Value of all prizes is $6,000. No interest will be paid on any cash prize. All costs and expenses associated with prize acceptance and use not specified herein as being provided are the sole responsibility of the winner. Prizes are non-transferable and non-assignable, with no cash redemptions or substitutions except at Sponsor’s sole discretion. There will be no substitutions for any prize except by Sponsor who reserves the right to substitute a prize with one of comparable or greater value at their sole discretion. Other restrictions may apply.

9. Conditions/Use Rights. By accepting any prize, each Eligible Entrant and Eligible Business Nominee consents to the use of their names, voices, and likenesses, including all accompanying personally identifiable information such Eligible Entrant and Eligible Business Nominee submits or Sponsor obtains in the course of such Eligible Entrant and Eligible Business Nominee accepting any prize, via all forms of media now known or hereafter devised worldwide, in perpetuity, without notice, attribution or compensation (other than the specific prizes described herein) to such Eligible Entrant and Eligible Business Nominee, his/her successors or assigns, or any other entity, except where prohibited by law.

10. Privacy. By participating in the Sweepstakes, each Eligible Entrant and Eligible Business Nominee authorizes Sponsor to collect, use, process, transfer and store all data provided by such Eligible Entrant and Eligible Business Nominee, including without limitation, personal data, to the United States, or any location(s) throughout the world that Sponsor deems necessary, whether within such Eligible Entrant’s and Eligible Business Nominee’s country of residence or elsewhere, and with such party(ies) as Sponsor deems appropriate, for purposes of administration of the Sweepstakes. All information submitted to Sponsor as part of this Sweepstakes will be treated in accordance with Sponsor’s privacy statement, available at https://www.truereligion.com/privacy-policy.html. Personal information will be used only to: (a) administer the Sweepstakes or provide information regarding the Sweepstakes; (b) contact and publicize potential winners; and/or (c) if an Eligible Entrant or Eligible Business Nominee selects to receive additional information from Sponsor on the entry form, to send additional information to that Eligible Entrant or Eligible Business Nominee during or after any Entry Period. Each Eligible Entrant and Eligible Business Nominee has the right to withdraw and correct their personal data, but such Eligible Entrant and Eligible Business Nominee are not allowed to re-submit entries. Directions on procedures for submitting corrections to personal data are provided in the privacy statement of Sponsor.

11. Release and Limitations on Liability. By participating in all or a portion of the Sweepstakes, each Eligible Entrant and Eligible Business Nominee agree to release and hold harmless all directors, officers and employees of Sponsor, Instagram, and their respective affiliates, sales representatives, distributors, licensees, agents, advertising and Sweepstakes agencies (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes, or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, misdirected, incorrect, garbled, or incompletely received entries; (e) errors in the administration of the Sweepstakes or the processing of entries; (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from such Eligible Entrant or Eligible Business Nominee’s participation in the Sweepstakes or acceptance, receipt, use, or misuse of any prize, or travel to any Sweepstakes-related events; and (g) any claims based on publicity rights, copyright/trademark infringement, intellectual property rights, defamation or invasion of privacy and merchandise delivery. Sponsor is not responsible if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism. Entrants further agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” 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.

12. Miscellaneous. The decisions of Sponsor are final with respect to all aspects of this Sweepstakes. The Sweepstakes and these Official Rules will be governed, construed and interpreted under the laws of the State of California, USA, without regard to choice of law principles. Entrants specifically agree that (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Central District of California in Los Angeles, California, or the Superior Court of California, County of Los Angeles, Metropolitan Courthouse, in Los Angeles, California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will any Eligible Entrant or Eligible Business Nominee be permitted to obtain awards for, and each Eligible Entrant and Eligible Business Nominee hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problems, or any condition caused by events beyond the reasonable control of Sponsor that may cause the Sweepstakes to be disrupted or corrupted, Sponsor may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize from among the non-suspect, eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process, the operation of the Sweepstakes, to be acting in violation of these Official Rules or any applicable laws relating to the Sweepstakes, or in an unsportsmanlike or disruptive manner, and to resolve all disputes in its sole discretion. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

13. Winners List; Official Rules. For notification of the winners and/or a copy of these Official Rules, send a self-addressed, stamped envelope to:

    2021 Black-Owned Business Sweepstakes
    c/o Guru Denim LLC
    500 West 190th Street, Suite 300
    Gardena, CA 90248.
    

    Requests for the winners list will only be accepted after the end of the Entry Period and must be received by August 31, 2021.

14. Sponsor. The Sponsor of this Sweepstakes is Guru Denim LLC. Entrants shall not use the trademarks of Sponsor or falsely associate themselves with Sponsor during or after the Entry Period.