Tattly Holiday Instagram Giveaway

Official Rules

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU MUST BE EIGHTEEN (18) YEARS OF AGE OR OLDER (19 or 21 in some states) TO ENTER AND WIN. TO ENTER FOR A CHANCE TO WIN. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

1. Eligibility: The Tattly Holiday Instagram Giveaway (the “Giveaway”) is open only to legal residents of the fifty (50) United States and the District of Columbia and who are eighteen (18) years of age or older (19 or 21 in some states) at the time of Submission (defined below) (hereinafter "Eligible Participant(s)"). Employees, officers and directors of SwissMiss Shop, LLC and their respective parent, subsidiary and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and same household members of each such employee are not eligible. The Giveaway is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes Eligible Participant’s full and unconditional agreement to these Official Rules and the Sponsor’s decisions, which are final and binding in all matters related to the Giveaway. Winning the prize is contingent upon fulfilling all requirements set forth herein.

2. Sponsor/Administrator: SwissMiss Shop, LLC (“Sponsor”).

3. Timing: The Giveaway begins on November 20, 2024, at the time of the Instagram social post is live and will end on November 24, 2024, at 5:00 PM ET (the "Promotion Period").

This Giveaway is in no way sponsored, endorsed or administered by, or associated with, Instagram, LLC.

See Section 11 for Data Collection and Privacy information.

4. How to Enter: Follow these steps: (1) like the Tattly Holiday Giveaway post on the @tattly Instagram account; (2) Follow @tattly @timex; and (3) tag one friend who would love to win before the end of the Promotion Period (collectively the “Submission”). The friend will need to enter separately for the chance to win a prize.

Limit two (2) Submissions (defined below) per person/household/family/Instagram account throughout the Promotion Period.

To participate, you must have an Instagram account for at least thirty (30) days after the Giveaway ends to be eligible to win/claim a prize for notification purposes. Creating an account is free, but you must comply with the terms and conditions of use for the social media platform: Instagram (http://instagram.com/legal/terms/). Your account settings must be set to "unprotected" and/or "public" for your posts/tweets to be viewable by the Sponsor. If you post updates to or receive updates via SMS from your wireless device, message and data rates may apply. Please consult your wireless-service provider regarding its pricing plans before participating in the Giveaway. Using your wireless carrier’s network, standard data charges from your wireless carrier may apply.

Regramming or sharing the post does not constitute a valid Submission. The Sponsor reserves the right to assess Submissions for validity and disqualify invalid Submissions.

Participants are not permitted to share the same Instagram account. Any attempt by any participant to obtain more than the stated number of Submissions by using multiple/different Instagram accounts, identities, registrations and logins, or any other methods will be void and participant may be disqualified. The Sponsor may acknowledge receipt of Submissions, including by re-posting a Submission. Should the Sponsor elect to do so, such acknowledgment merely indicates that a given Submission has been received and does not constitute any representation that such Submission constitutes an eligible entry in the Giveaway or that it has been selected as a potential prize winner in the Giveaway. In the event of a dispute as to any Submission, the authorized account holder of the Instagram account used to post the Submission will be deemed to be the Eligible 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 used to create the Instagram account. Each potential winner may be required to show proof of being an authorized account holder.

5. Sponsor’s Rights in Submissions: Posting a Submission constitutes your consent to give the Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submission in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes, all without further notice or any compensation to the participant. Such grant of rights is subject to those rights retained by Instagram, as applicable, as the operator of a social media platform. Participants of this Giveaway further waive any “Moral Rights of Authors” or similar natural rights of ownership he/she may have in the Submission. If requested and without compensation, Eligible Participants will sign any documentation that may be required for the Sponsor or its designees to make use of the non-exclusive rights the participant is granting to use the Submission. Participants in this Giveaway also understand and agree that (I) the Sponsor has wide access to ideas, stories, designs and other literary/artistic materials submitted to it from outside sources or being developed by its own employees and that such ideas/stories/designs/literary/artistic materials may be competitive with, similar to (or even identical to) the participant’s Submission and that Sponsor shall have no liability to participant or any third party in conjunction therewith; and (II) the Sponsor do not have any duty of confidentiality or other fiduciary duty to participants of tis Giveaway relative to his/her Submission. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete (including but not limited to omission of prescribed hashtags), invalid, un-intelligible, inaccessible/blocked, garbled, delayed or misdirected Submissions; all of which will be void. All Submissions must be received by November 24, 2024, at 11:59:59 PM ET.

6. Prize Winner Determination/Notification & Odds of Winning: The Sponsor will randomly select one (1) potential winner among all eligible Submissions received during the Promotion Period. The Sponsor’s decisions as to the administration and operation of the Giveaway and the selection of the potential winners are final and binding in all matters related to this Giveaway. The random drawing will be conducted by the Sponsor. Odds of winning a prize depend on the number of eligible Submissions For the avoidance of doubt, provided that the content of a Submission is in compliance with these Official Rules, including but not limited to Section 4 above, such content will NOT be taken into account in the winner selection procedure, each potential winner will be notified by the Sponsor from @tattly via Direct Message on Instagram. IT IS THE SOLE RESPONSIBILTY OF THE ELIGIBLE PARTICIPANT TO ASSURE THAT HIS/HER PRIVACY SETTINGS ARE CONFIGURED SUCH THAT HE/SHE MAY BE CONTACTED BY THE SPONSOR VIA DIRECT MESSAGE ON INSTAGRAM, AS APPLICABLE. Each potential winner will be required to provide his/her name, mailing address (no P.O. Boxes permitted), email address, and date of birth to confirm eligibility and for prize fulfillment purposes within five (5) days of the date of notification or attempted notice is sent into in order to claim the prize. If a potential winner of any prize cannot be contacted or fails to sign and return the Declaration of Compliance or Affidavit, Liability and Publicity Release or provide any other requested information within the required time period (if applicable), or prize is returned as undeliverable, potential winner forfeits the prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event that a potential winner is disqualified for any reason or found to be ineligible or not in compliance with these Official Rules, declines to accept the prize, fails timely to respond to the notification, if the notification that the Sponsor sends is returned as undeliverable, or the potential winner is otherwise unreachable for any reason for a period of three (3) business days following the attempted notification, the prize will be forfeited. If the prize is forfeited, the Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible Submissions received. At least three (3) alternate drawings will be held, after which the prize will remain un-awarded. The prize will be fulfilled approximately 4 to 6 weeks after the conclusion of the Giveaway.

7. Prize: From among all eligible Submissions received, the following prize will be awarded by random drawing:

ONE (1) PRIZE WINNER:

One (1) prize winner will receive a bundle of exclusive Peanuts Tattly Temporary Tattoos (ARV $116 USD) and one (1) Timex Weekender® x Peanuts Holiday 38mm Fabric Strap Watch (ARV $68 USD). The Actual Retail Value (“ARV”) of the total prize is $184.00.

The prize is non-transferable, and no substitution will be made except as provided herein at the Sponsor’s sole discretion. All non-stated features of the prize are in Sponsor’s sole discretion and subject to availability, including without limitation type, color, design, and sizing. The Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. The prize is not redeemable or exchangeable for cash. The prize winner is solely responsible for all taxes and fees associated with prize receipt and/or use.

8. Publicity: Except where prohibited, participation in the Giveaway and acceptance of prize constitutes the winner’s consent to the Sponsor’s and its agents’ use of winner’s name, prize information, likeness, Submission, photograph (including, without limitation, winner's Instagram profile photo, as applicable), voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

9. Release and Limitations of Liability: ELIGIBLE PARTICIPANTS HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS THE SPONSOR, INSTAGRAM, AND THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, DIVISIONS, ADVERTISING AND PROMOTION AGENCIES AND INSTAGRAM, LLC. AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES AND SHAREHOLDERS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, RESULTING FROM PARTICIPATING IN THE GIVEAWAY OR FROM THE ACCEPTANCE, POSSESSION, OR USE OR MISUSE OF THE PRIZE AWARDED OR FROM PARTICIPATING IN ANY GIVEAWAY RELATED ACTIVITY. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES. ELIGIBLE PARTICIPANTS AGREE THAT RELEASED PARTIES HAVE NOT MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW, RELATIVE TO THE GIVEAWAY OR THE PRIZE AWARDED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RELEASED PARTIES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY PROMOTIONAL WEB SITE AND RELEASED PARTIES SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. Released Parties are not responsible for any alert or notification failure resulting in an ability to claim the prize. Released Parties are not responsible for lost, late, incomplete, illegible, inaccurate, delayed, garbled, damaged, stolen or misdirected Submissions, or problems of any kind, whether mechanical, human or electronic. Released Parties are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, inability to access a website, inability to enter a Submission, or fraud, incomplete, garbled, or delayed computer transmissions or inaccurate transcription of Submission information, whether caused by the Sponsor, users or by any of the equipment or programming associated with or utilized in the Giveaway or by any technical or human error which may occur in the processing of Submissions which may damage a user’s system or limit an Eligible Participant’s ability to participate in the Giveaway. Released Parties are not responsible for late, lost, incomplete, illegible, damaged or misdirected Submissions or mail. Submissions that have been tampered with or altered are void. Should any portion of the Giveaway be, in the Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness, integrity or proper play, or Submissions, or should the Giveaway be unable to run as planned for any other reason, the Sponsor reserves the right at its sole discretion to cancel or terminate the Giveaway and, if canceled or terminated, at its discretion, select the potential winner for the Promotion Period in a random drawing from among all eligible, non-suspect Submissions received for the Promotion Period prior to action taken. Notice of such action by the Sponsor will be posted at https://tattly.com/pages/terms CAUTION: ANY ATTEMPT BY AN ELIGIBLE PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR ANY ONLINE SERVICE RELATED TO THE GIVEAWAY OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of such term or any other provision. The Sponsor reserves the right to disqualify any Eligible Participant who violates the rules or interferes with the Giveaway in any manner. If an Eligible Participant is disqualified, The Sponsor reserves the right to terminate such Eligible Participant’s eligibility to participate in the Giveaway. Any attempt by an individual to access any website associated with the Giveaway via a bot script or other brute force attack or any other unauthorized means will result in that individual’s IP address becoming ineligible. Use of automated entry devices or programs is prohibited.

10. Disputes: Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Eligible Participant and the Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of Connecticut, without giving effect to any choice of law or conflict of law rules (whether of the State of Connecticut or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Connecticut.

11. Data Collection and Privacy: Information collected is subject to the Sponsor’s Privacy Policy located at: https://tattly.com/pages/terms

12. Winner’s Name: For the winner’s name, visit @tattly on or about 11/25/24.