NATIONAL HAT DAY
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
By submitting your photograph to Stetson Worldwide LLC (“Stetson”), you (“you” or “your”) agree to abide by these Official Photo Contest Rules (these “Rules”) and the decisions of Stetson, which decisions are final and binding in all respects.
This Photo Contest (this “Contest”) is open only to residents of the United States who are at least eighteen (18) years old at the time of submission. Proof of age may be required. Void where prohibited. Employees, officers, directors, shareholders or agents of Stetson, and its affiliates, subsidiaries, distributors and sales representatives, and members of their immediate family (spouse, parents, siblings and children) and household members (whether related or not) of each such employee, officer, director or agent are not eligible to participate or win. In order to enter the Contest or receive a prize, you must fully comply with these Rules and, by entering, you represent and warrant that you agree to be bound by these Rules and the decisions of Stetson, whose decisions shall be binding and final in all respects relating to this Contest. This Contest is governed by these Rules and is subject to all applicable federal, state and local laws.
2. Duration of Contest
Photograph submissions for this Contest will be accepted no earlier than January 15, 2023, at 12:01 a.m. Eastern Standard Time (“EST”) and no later than January 22, 2023, at 11:59 p.m. EST. Stetson is the official timekeeper for this Contest.
3. How to Submit Your Photograph
You may submit your photograph by posting it on Instagram and tagging @stetsonusa and including #ItsAStetson in the caption. Stetson will not consider any photograph submission that is not posted to Instagram and/or does not tag @stetsonusa and include #ItsAStetson in the caption. Stetson will also not consider duplicate submissions or any submission that is intended to annoy, abuse, threaten or harass any person or entity in any way. Eligibility is at Stetson’s exclusive discretion, and Stetson shall be entitled to reject any submission for any reason or no reason at all without having to provide an explanation. Stetson reserves the right, in its sole discretion, to cancel, suspend, or terminate this Contest for any reason and without prior notice to you or any third party.
4. Winner Determination
Photograph submissions will be judged by Stetson’s social media team on the basis of overall creative quality including, without limitation, composition, depth of field, tonality, subject matter, background, and prominence of the Stetson hat.
The potential winners will be contacted via direct message on their Instagram account used to submit the content and may be awarded the prize subject to verification of eligibility and compliance with the terms of these Rules. The potential winners will be notified by direct message on Instagram on or about January 23, 2023. Failure by a potential winner to respond to any contact within five (5) days of notification will result in disqualification, and Stetson will select an alternate potential winner in the same manner. Stetson is not responsible for digital communications that are undeliverable as a result of any filtering of any kind, insufficient space in your account, or any other failure beyond Stetson’s reasonable control.
5. POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY STETSON. STETSON’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE ADMINISTRATION, OPERATION, SELECTION OF THE WINNERS, AND OTHER MATTERS RELATED TO THIS CONTEST.
6. Verification of Potential Winners
Potential winner may be required to verify their residency and date of birth by the date specified by Stetson, or an alternate potential winner may be selected. In the event (a) potential winner cannot be reached for whatever reason after a reasonable effort has been exerted, (b) potential winner declines or cannot accept, receive or use the prize for any reason, (c) of noncompliance with these Rules, or (d) potential winner is found to be ineligible to enter this Contest or receive the prize, the potential winner shall be disqualified from this Contest and an alternate potential winner may be selected from among the other eligible submissions received, as described in Section 4 above. Stetson reserves the right to modify the notification and verification procedures in connection with the selection of alternate potential winner, if any.
Prize: One (1) limited edition print of Jon Flaming’s “Open Road (Big Bend)” artwork.
Total Approximate Retail Value (ARV): $2,850 ($950 per prize)
For all Prizes: No cash equivalent for any prize and no substitution will be made except as provided herein at Stetson’s sole discretion. Stetson reserves the right to substitute a listed prize for one of equal or greater value for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. All federal, state, and local tax liabilities, as well as any other costs and expenses not specified herein as being awarded are the sole responsibility of the Winner. Winner may be required to complete and return an IRS W-9 form (i.e. Request for Taxpayer Identification Number and Certification). Prize will be awarded only if the potential prize winner fully complies with these Rules. Subject to applicable law, Prizes are offered “as is” without any express or implied warranty of any kind or nature, including without limitation, any warranty respecting condition, merchantability, quality, title, or fitness for a particular purpose.
8. Conditions and Release
You agree to: (a) comply with and be bound by these Rules and the decisions of Stetson, which are binding and final in all matters relating to this Contest; (b) defend, indemnify, release and hold harmless Stetson and its subsidiaries, affiliated companies, and any other person and organization responsible for sponsoring, fulfilling, administering, advertising or promoting this Contest, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a submission, creation of a submission, participation in the Contest, acceptance, possession, defect in, delivery of, inability to use, use or misuse of prize and/or the broadcast, exploitation or use of your submission.
By entering this Contest, you agree that Stetson may publish your photograph submission or other likenesses (in whole or in part), worldwide and in perpetuity for advertising, publicity, trade and/or promotion on behalf of Stetson, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.
10. General Conditions
Stetson and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize, with regard to: (a) submissions that contain inaccurate information or do not comply with or violate these Rules; (b) submissions, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in this Contest or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, pandemic or epidemic (including, without limitation, COVID-19), weather or any other similar event beyond Stetson’s reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Contest or any promotion or prize related activities. If Stetson determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of this Contest, Stetson reserves the right to void the submissions at issue, and/or terminate the relevant portion of this Contest, including the entire Contest, and/or modify this Contest and/or award the prize from all eligible submissions received as of the termination date.
11. Limitations of Liability
IN NO EVENT WILL ANY RELEASED PARTY BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) ARISING OUT OF YOUR PARTICIPATION IN THIS CONTEST, THESE RULES, AND/OR YOUR RECEIPT OF A PRIZE, NO MATTER UNDER WHAT THEORY ARISING, EVEN IF ANY RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBLY OF SUCH DAMAGES. RELEASED PARTIES’ ENTIRE LIABILITY WITH RESPECT TO: YOUR PARTICIPATION IN THIS CONTEST, THESE RULES, AND/OR YOUR RECEIPT OF A PRIZE SHALL BE LIMITED TO $500. SOME JURISDICTIONS MAY NOT ALLOW THE AFOREMENTIONED LIMITATIONS OR EXCLUSIONS OF LIABILITY AND AS SUCH, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
You agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court for the Southern District of New York or the appropriate New York State Court located in New York, New York; and (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of the entrant and Stetson in connection with the Contest, 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 law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
13. Contest Not Sponsored by Instagram
This Contest is not sponsored, endorsed, or administered by, or otherwise associated with, Instagram.
14. Contest Results
For Contest results (of winners of grand prizes), send a written request to:
Stetson Worldwide LLC
50 W 47th St.
New York, NY 10036-8734
Requests for the Winner’s List must be received by May 1, 2023.