Baliston Giveaway Policy
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. THIS GIVEAWAY IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM OR FACEBOOK.
The Baliston Shoe Giveaway (the “Giveaway”) is only to legal residents of, and physically located within, the 50 United States and the District of Columbia, who are 18 years old or the age of majority in his/her state of residence, whichever is older at the time of entry. All federal, state and local laws and regulations apply. Employees of BAL Inc (Baliston®), ( “Sponsor” ) and its affiliates, subsidiaries, advertising and promotional agencies, vendors, contractors and the immediate family members (defined as spouse, siblings, children and each of their respective spouses, regardless of residence and any person living in such a person’s household, whether related or not) of each of the foregoing, as well as the employees of any company affiliated with the Giveaway (collectively with the foregoing persons or entities, the “Giveaway Entities” ) are not eligible to participate. Sponsor reserves the right to verify the eligibility of winners.
Entries may be submitted during the period commencing at 9:00 AM Pacific Time (“PT”) on August 17, 2023 and ending at 11:59 PM PT on August 24, 2023. (the “Term.”) Sponsor’s computer is the official time keeping device for this Giveaway.
How To Enter:
Sponsor will create a post on Instagram that touts the “Baliston Shoe Giveaway” (the “Social Media Post”). Sponsor’s Instagram handle is @balistonfootwear. In order to enter, you must like the Social Media post, tag the Instagram account of two friends in a comment, and follow (if not following already) the account @balistonfootwear on Instagram. You will receive one (1) entry into the Giveaway.
Please note, participants should not tag the Giveaway post. Tagging should occur only in the comments below the post. You may enter as many times as you would like. Each comment that includes two different tagged friends or Bonus comment, constitutes one entry. You may not tag the same friend more than once or that will be considered a duplicate entry. When there are duplicate entries, only the first entry will be submitted. All duplicates will be disqualified.
By entering, you agree that Sponsor may contact you via Instagram direct message, email and/or name you on Sponsor’s social media page. Normal internet access, phone, and usage charges imposed by your online or phone service may apply. Automated or bulk entries or entries submitted by third parties will be disqualified. Entries must be submitted by the participant. Any attempt by any participant to obtain more than the stated number of entries by using multiple and/or different identities or any other methods will void that participant’s entries, and that participant may be disqualified at Sponsor’s discretion. You must complete all required information to be eligible to enter. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified. Multiple entrants are not permitted to share the same email address. In the event of a dispute as to any entry, the authorized account holder of the email address used to enter will be deemed to be the participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize. Entries specifying an invalid, non-working, or inactive email address will be disqualified.
Winner Selection and Notifications:
On or about August 29, 2023, the name of one (1) potential winner will randomly be chosen from among all eligible entries received during the Term and, absent any disqualification or ineligibility as determined by Sponsor in its sole discretion and in accordance with these Official Rules, that participant will be deemed a “Giveaway Winner.” The Giveaway Winner will be contacted via the Instagram account used to enter the Giveaway. Except where legally prohibited, the Giveaway Winner may be required to sign an affidavit of eligibility and a liability and publicity release and return this document within five (5) business days of being notified in order to claim his/her Prize. In the event the Giveaway Winner chooses not to accept his/her Prize, is not in compliance with these Official Rules, is unable to be notified, if any correspondence from Sponsor or a Prize is returned as undeliverable, if a Giveaway Winner fails to sign and return the affidavit of eligibility and liability and publicity release within the required time period (if applicable), or if a Giveaway Winner is disqualified for any reason, Prize will be forfeited and an alternate winner will be selected from all of the remaining qualified entrants. Only one (1) alternate drawing will be held, after which the Prize may remain un-awarded. All entrants acknowledge 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 Prize, including, but not limited to, its quality or fitness for a particular purpose.
Verification of Potential Winner:
EACH potential WINNER IS subject to verification by Sponsor, whose decisions are final AND BINDING IN ALL MATTERS RELATED TO THE Giveaway. An entrant is not a winner of any prize unless and until entrant’s eligibility HAS been verified and entrant has been notified that verification is complete.
One (1) Giveaway Winner will each be awarded the “Prize, ” which consists of the following products:
One (1) pair of Baliston Shoes $250
Total Approximate Retail Value (“ARV”): $250
Limit one prize per person and per household. The giveaway winner is solely responsible for all local, state and federal taxes on his/her Prize including sales or use taxes, as well as any expenses related to participation in the Giveaway or acceptance of a Prize. The United States Internal Revenue Service (IRS) requires Form 1099-MISC to be issued and filed for each Giveaway Winner who receives a Prize if the amount of the prize is $600 or more. Sponsor may send Giveaway Winner a W9 form, which must be completed and returned to Sponsor, for the Giveaway Winner to receive the Prize. If Sponsor files a Form 1099-MISC, a copy will be sent to Giveaway Winner. The Form 1099- MISC will be issued for the fair market value of the Prize. Any Giveaway Winner who fails to provide information sufficient to complete Form 1099-MISC (including, without limitation, Giveaway Winner’s social security number) shall forfeit any and all rights to the Prize (if applicable). There will be no substitutions or cash redemptions made for any Prize. Sponsor will not replace any Prize or any component of the Prize that is lost, mutilated, or stolen. Odds of winning a Prize depend on the number of eligible entries received. Prizes pictured in advertising, marketing or promotional materials are for illustrative purposes only. In the event there is a discrepancy or inconsistency between statements contained in any such materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control. The Giveaway Entities are not responsible for any cancellations, delays, diversions or substitutions, or any act or omission whatsoever with respect to the Prizes. Prizes are nontransferable.
No substitutions or cash redemptions will be made, other than as provided herein. Sponsor reserves the right, as determined in its sole discretion, to substitute a prize, in whole or in part, of equal or greater monetary value if a Prize cannot be awarded, in whole or in part, as described for any reason. Only the number of prizes stated in these Official Rules is available to be won in the Giveaway. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the winner selection method described below from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available.
Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Giveaway. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry, or proof of completion of activity such as visiting Sponsor’s Instagram page or signing up for Sponsor’s newsletter, will not be deemed proof of receipt of entry by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS GIVEAWAY OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor is not responsible for any typographical or other error in the offer or administration of this Giveaway, or in the announcement of Giveaway Winners and Prizes. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the Website, and/or the legitimate operation of the Giveaway; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Giveaway is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) cancel or terminate the Giveaway (or any portion thereof); (b) modify the Giveaway or suspend the Giveaway to address the impairment and then resume the Giveaway in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.
BY PARTICIPATING IN THIS GIVEAWAY, ENTRANT AGREES THAT THE GIVEAWAY ENTITIES, FACEBOOK, INSTAGRAM, AND THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “ RELEASED PARTIES ”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS GIVEAWAY OR IN ANY GIVEAWAY RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. BY PARTICIPATING IN THIS GIVEAWAY, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF THE WEBSITE. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHERACTUAL OR THREATENED PUBLIC HEALTH CRISES (INCLUDING WITHOUT LIMITATION AN EPIDEMIC OR PANDEMIC) OR TERRORISM WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS GIVEAWAY, INCLUDING THE WEBSITE AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
All disputes, claims and causes of action at law or in equity (individually, “Claim”) arising out of or relating to this Giveaway, the meaning or interpretation of the rules or any Prize awarded shall be resolved by applying the laws of California, without regard to the conflict of laws provisions therein, and shall be solely and exclusively brought in the state or federal courts within that state. All Claims shall be resolved individually, without resort to any form of class action and all Claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event, include attorneys’ fees, and under no circumstances will any entrant be permitted to obtain awards for, and, by entering, entrant waives all rights to claim, punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses and waives all rights to have damages multiplied or otherwise increased. ENTRANTS, BY ENTERING, SPECIFICALLY AND KNOWINGLY WAIVE ANY RIGHT TO A TRIAL BY JURY AND A TRIAL BY JURY IS HEREBY WAIVED BY BOTH SPONSOR AND ENTRANTS.
BAL Inc (Baliston®), 333 W Maude Ave, suite 207, Sunnyvale, CA 94085, USA, whose decisions, as determined in its sole discretion, are final and binding as to all aspects of this Giveaway.
For a list of winners, send a self-addressed stamped envelope on or before August 31, 2023, to Sponsor, ATTN: Baliston, Baliston Shoe Giveaway, 333 W Maude Ave, suite 207, Sunnyvale, CA 94085. Vermont residents may exclude return postage.
Copyright ©2023 BAL Inc (Baliston®) Corporation. Baliston® is a registered trademark of Sponsor. All rights reserved.