BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE PROMOTION, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE RELEASEES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
The Promotion is open only to individuals who are legal residents and physically located in ( India and who are at least eighteen (18) years old and have reached the age of majority
1. Eligibility: The Promotion is open only to residents of India aged 18 years or above. Entrants must have an Instagram account in good standing and Internet access to participate in the Promotion. Individuals who are officers, directors, employees, agents, and representatives of Apparel Group India Pvt Ltd. (“Sponsor”), Sponsor’s parent company, and each of their respective subsidiaries, affiliates, agencies, and suppliers of materials or services related to this Promotion, as well as the immediate family members (defined as parents, grandparents, children, grandchildren, siblings, and spouses, regardless of where they live) and those with whom such officers, directors, employees, agents, and representatives are domiciled (whether or not related), are not eligible to enter or win a prize in this Promotion. The provisions of this sweepstakes shall be governed by, and construed in accordance with Indian law. Any disputes, claims etc. in relation to this sweepstakes between the participants and Apparel Group India Pvt. Ltd. will be governed and subject to Indian laws and shall be subject to the exclusive jurisdiction of the courts in India. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions and interpretations of these Official Rules, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. The Promotion is in no way sponsored, endorsed, approved, or administered by, or associated with, Instagram.
2. Sponsor: Apparel Group India Pvt Ltd., Raiskaran Tech Park Third Floor, Unit No.1, Tower I, Phase II, Andheri - Kurla Rd, Marol, Mumbai, Maharashtra 400072.
3. Timing: The Promotion begins at 04:00 p.m. Indian Standard Time (“IST”) on October 11, 2024 and ends at 10:00 p.m. IST on October 13, 2024 (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the Promotion.
4. How to Enter: During the Promotion Period, Sponsor will publish a post on its Instagram pages (@victoriassecretindia & @vspinkindia) regarding the Promotion (the “Promotion Post”). To enter:
A) “follow” @victoriassecretindia & @vspink on Instagram;
B) Click a picture with the Victoria’s Secret Wings Mural setup at Mumbai (Phoenix Palladium), Delhi (Ambience Mall Gurgaon) or Bengaluru (Phoenix Mall of Asia);
C) Upload an Instagram Story with the picture that they click;
D) Mention @victoriassecretindia and #VSSweepstakes #VSFashionShow
One entry per Instagram handle. Sponsor may not receive entries that fail to strictly follow the posting instructions set forth in these Official Rules and Sponsor is not responsible for failure to see or receive an entry. NOTE: Sponsor may not receive entries from Instagram users with “private” account settings (i.e., user has set their Instagram account so that only people the user has approved can view their photos) due to the way Instagram operates its service. Sponsor, at its sole discretion, may accept a technically incorrect unique term. Messages not received by Sponsor will not be entered into the Promotion. By including the hashtag “#VSSweepstakes” in your post, entrants are confirming their acceptance and agreement to these Official Rules. Entries must be received during the Promotion Period to be eligible. Entries must also comply with the “Entry Requirements” described below. Any use of automated, robotic, macro, programmed or similar quick-entry programs, or attempts to exceed the maximum number of entries permitted, is prohibited and will result in disqualification. Winner(s) may be required to show proof of being the registered account holder. In case of dispute, entries will be declared made by the authorized account holder of the Instagram account used to enter to Promotion. “Authorized account holder” is defined as the natural person who is assigned to the Instagram account by Instagram. 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. Sponsor will not verify receipt of entries. Entries become property of Sponsor and will not be returned. The Sponsor’s designated database clock will be the official timekeeper for this Promotion. Those who do not follow all of the instructions or abide by these Official Rules or other instructions of Sponsor may be disqualified. All entrants submitting materials/content as part of the Promotion will be non-exclusively licensing (with the unlimited right to sublicense) to Sponsor the right to use such materials, and the images related thereto (including entrant’s name, social media account username and likeness), for any purpose (including any and all commercial purposes) with the right to modify the materials and make derivative works thereof. Entrants represent and warrant that the materials submitted will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations. The Sponsor may run multiple campaigns, contests, sweepstakes or other promotions simultaneously. Entry into one (1) campaign, contest or sweepstakes does not constitute entry into any other. Any entrant posting or submitting content with obscene, vulgar or other inappropriate material (such as nudity) may be disqualified by Sponsor, in its sole and absolute discretion. Entries become property of Sponsor and will not be returned.
5. ENTRY REQUIREMENTS: Ineligible entries include entries that fail to comply with these Official Rules, as well as those that are, in whole or in part, threatening, abusive, harassing, defamatory, vulgar, libelous, hateful, embarrassing to another person or entity, deceptive, obscene, invasive of another’s privacy, violative of another’s intellectual property rights, tortious, contain racial slurs, or contain nudity or explicit or graphic descriptions or accounts of, sexual acts, or are not within the spirit of the Promotion, as determined by Sponsor in Sponsor’s sole discretion (the “Entry Requirements”).
6. SELECTION AND NOTIFICATION OF THE PRIZE WINNER: On or about August 10, 2024, Sponsor will conduct a random drawing to select 2 (2) potential winners from among all eligible entries received during the Promotion Period at its discretion. Following the drawing, the potential winner(s) will be notified using direct message on Instagram and subsequently must submit a mailing and/or email address as instructed by Sponsor within a twenty-four (24) hour period from when the notification is sent in order to receive the prize. If a potential winner does not respond to the direct message and submit a mailing and/or email address as instructed within the twenty-four (24) hour period after notification, cannot be contacted, or fails to otherwise comply with these Official Rules, potential winner forfeits the prize. Return of any prize/prize notification as undeliverable, or lack of response by a potential winner, or a potential winner’s noncompliance with these Official Rules may result in disqualification and selection of an alternate potential winner. Receiving a prize is contingent upon compliance with these Official Rules. All notification requirements, as well as other requirements within these Official Rules, will be enforced. Potential winners are subject to verification by Sponsor, whose decisions are final and binding in all matters related to the Promotion. 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.
7. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”), ODDS: Sponsor will be awarding the two (2) winners selected
(1) Victoria’s Secret Mist, with an ARV of two thousand four hundred ninety nine rupees (₹2,499.00)
(2) Victoria’s Secret Mist, with an ARV of two thousand four hundred ninety nine rupees (₹2,499.00)
The total ARV for all prizes awarded in this Promotion is twenty-four thousand nine hundred ninety rupees (₹24,990.00) (INR).
Prizes are non-transferable, non-exchangeable and not redeemable for cash. Sponsor reserves the right to substitute prize for one of equal or greater value if designated prize should become unavailable for any reason, or for any other reason in Sponsor’s sole discretion. Sponsor makes no representations or warranties with respect to prizes. Unclaimed prize(s) will be forfeited. Prize(s), if legitimately claimed, will be awarded. Sponsor is not responsible for and will not replace any lost, mutilated or stolen prizes or any prize that is undeliverable or does not reach a winner because of an incorrect or changed address. If the winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. No more than the stated prizes will be awarded. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide a winner with his or her prize, the Sponsor may elect to provide the winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value at its discretion. In the event a prize winner engages in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify the potential winner from receiving their prize. All prize(s) 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). Sponsor is not responsible for and winner will not receive the difference, in any, between the actual value of the prize at the time of award and the stated ARV in these Official Rules or in any Promotion-related correspondence or material.
Odds of winning a prize depend on the total number of entries received during the Promotion Period.
8. DISQUALIFICATION: If an entrant is found to be ineligible, or if he/she does not comply with the Official Rules, then such entrant will be disqualified. If a prize, prize documentation or prize notification is returned as undeliverable or unclaimed, this will result in disqualification. Sponsor reserves the right, in its sole discretion, to disqualify any individual it suspects or finds: (i) to be tampering with the entry process or the operation of the Promotion; (ii) to be acting in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten or harass any other person or entity, (iii) to be acting in violation of the Official Rules of this or any other sweepstakes or promotion; (iv) to have used a software generated, robotic, programmed, script, macro or other automated entry; (v) to display behavior that will bring such individual or Sponsor in to disgrace; or (vi) to have provided inaccurate information in connection with the Promotion. In the event an entrant is deemed ineligible or disqualified for any reason under the provisions of the Official Rules, then an alternate potential winner will be selected pursuant to the selection standards noted above from among all eligible entries received during the Promotion Period, if time permits. Sponsor reserves the right to award fewer than the number of prizes stated in Section 7 above, and the unawarded prizes will be forfeited, will not be awarded and Sponsor shall have no further liability in connection with this Promotion.
9. PERSONAL INFORMATION: Sponsor and its authorized agents will collect, use, and disclose the personal information you provide when you enter the Promotion for the purposes of administering the Promotion and prize fulfillment. By entering this Promotion, you consent to the collection, use, and disclosure of your personal information for the purposes of administering the Promotion, including, if you win a prize, disclosing your name and location to individuals who request a list of prize winners. You may also be offered the opportunity to receive additional communications from Sponsor about its products, and upcoming contests and promotions.
By accepting a prize, each winner agrees to Sponsor’s use of his/her name, Instagram handle, entry, city/state of residence, picture, biographical information, statements, voice, and likeness in any advertising and publicity Sponsor may so choose, in any media or format, whether now known or hereafter developed, including, but not limited to, the World Wide Web, at any time or times in perpetuity, without further compensation or notice.
Information collected from entrants is subject to the Sponsor’s Privacy Policy. For further information about Sponsor's privacy practices, please see Sponsor’s Privacy Policy at: https://www.victoriassecret.in/PrivacyPolicyContent.html
10. GENERAL CONDITIONS: Winning a prize is contingent on fulfilling all the requirements set forth herein. All entries and prize claims are subject to verification. Proof of entry submission does not constitute proof of receipt. Sponsor reserves the right to correct any typographical, printing, computer programming, or operator errors. Sponsor reserves the right to cancel, suspend, and/or modify the Promotion, or any part of it, if any fraud, technical failures, virus, bugs, human error, national emergencies, actual or potential pandemics, or any other factor impairs the integrity, availability, fairness, or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Any attempt by any person to undermine the legitimate operation of the Promotion 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. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, then the Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials, privacy policy or terms of use on any website, social media platform or application, and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion. Any questions, comments, or complaints regarding the Promotion must be directed solely to Sponsor and not to Instagram. All trademarks are the property of their respective owners.
12. WAIVERS, DISCLAIMERS AND RELEASES: By participating in this Promotion, entrants agree to release, discharge, indemnify, and hold harmless Sponsor, Instagram, and their respective affiliates and related companies, including, without limitation, their parent, sister, and subsidiary companies, retailers, franchisees, advertising, and promotion agencies, suppliers of material and services related to the Promotion, and any other corporation, partnership, sole proprietorship, or other legal entity directly involved in the Promotion and all their respective officers, directors, employees, agents, and other representatives (collectively, the “Releasees”) from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines, or injuries (up to and including bodily injury and death) of any kind arising out of or related to: (1) entrants’ participation in the Promotion (including travel to/from any Promotion activity); (2) the Releasees’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; (3) technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines, websites, network hardware, or software beyond the reasonable control of Sponsor; (4) unauthorized human intervention in any part of the entry process or the Promotion; (5) technical or human error which may occur in the administration of the Promotion or the processing of entries; (6) claims resulting from the impairment, cancellation or modification of the Promotion; or (7) any acceptance, possession, misuse or use of any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, including those arising from any travel to/from any prize event or activity and any products liability claims alleging tangible property damage, bodily injury or death). Without limiting the generality of the foregoing, entrants agree that the Releasees have neither made nor will be in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, in connection with the Promotion and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose. Entrants agree and that the Releasees shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor interruption or inability to access the website, application or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Promotion; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Releasees. Each entrant further agrees to indemnify and hold harmless the Releasees from and against any and all liability resulting or arising from the Promotion and to release all rights to bring any claim, action or proceeding against Releasees and hereby acknowledge that the Releasees have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a prize supplier that may be sent along with a prize. The Releasees are not responsible for any changes or unavailability of the social media platform used for purposes of administering this Promotion that may interfere with the Promotion (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the social media platform for the Promotion as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor via the social media platform, in which case Sponsor, in its sole discretion, may terminate or modify the Promotion.
13. GOVERNING LAW/LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor, or the Releasees in connection with the Promotion will be governed by and construed in accordance with the laws of India, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE PROMOTION, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED ONE THOUSAND RUPEES (₹1000.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED ONE THOUSAND RUPEES (₹1000.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
14. BINDING ARBITRATION: BY AGREEING TO ARBITRATION, PARTICIPANT UNDERSTANDS AND AGREES THAT THEY ARE WAIVING THEIR RIGHT TO SUE IN COURT. PARTICIPANT AGREES THAT: (I) ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE PROMOTION, OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY -- WITHOUT RESORT TO ANY FORM OF CLASS ACTION -- BY BINDING ARBITRATION (BY A SINGLE NEUTRAL ARBITRATOR SELECTED BY SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION) ADMINISTERED BY THE ARBITRATION AND CONCILLIATION ACT 1996 AND SUBSEQUENT AMENDMENT AND RULES MADE THERUNDER.
THE PLACE OF ARBITRATION SHALL BE MUMBAI AND PROCEEDINGS SHALL BE CONDUCTED IN ENGLISH. THE ARBITRAL AWARD SHALL BE FINAL AND BINDING ON THE PARTIES. THE AWARD MAY INCLUDE COSTS, INCLUDING REASONABLE ADVOCATES’ FEES AND DISBURSEMENTS.
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THE COURTS OF MUMBAI SHALL HAVE EXCLUSIVE JURISDICTION OVER ALL MATTERS ARISING PURSUANT TO THIS AGREEMENT.
