Giveaway Rules
MONOS × MONICA VINADER GIVEAWAY
OFFICIAL GIVEAWAY RULES
Important: Please read these Official Giveaway Rules before entering this giveaway (the “Giveaway”).
By participating in this Giveaway, you agree to be bound by these Official Giveaway Rules and represent that you satisfy all of the eligibility requirements below.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS GIVEAWAY. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
THESE OFFICIAL RULES CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH REQUIRES THAT ALL DISPUTES BE RESOLVED SOLELY BY BINDING ARBITRATION, AND ENTRANTS AGREE TO ONLY PURSUE CLAIMS AGAINST THE SPONSOR AND SPONSOR ENTITIES AND/OR SEEK RELIEF ON AN INDIVIDUAL BASIS, AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
Giveaway void where prohibited by law. Subject to applicable federal, state, provincial, municipal and local laws.
1. Sponsor: The Giveaway is sponsored by Monos Travel Ltd. with an address at 2288 Manitoba St., 2nd Floor, Vancouver, BC CANADA V5Y4B5 (the “Sponsor”).
2. Eligibility: The Giveaway is open only to legal residents of the fifty United States (excluding Rhode Island) and the District of Columbia, and Canada (excluding Quebec), Australia and the United Kingdom who have reached the age of majority in their state or province of residence at the time of entry. Minors may not participate. It is an entrant’s responsibility to verify the age of majority where they reside. An individual is not eligible to enter or win if they are a director, officer or employee of the Sponsor and of any of the Sponsor’s owners, parent companies, affiliates, directors, subsidiaries, representatives, advertising, promotion and production agencies, agents or if they are a member of the immediate family (defined as parents, siblings, children and spouse, regardless of where they live) or household (whether related or not) of any of the above persons. To be eligible to win a prize, entries must be completed and received by the Sponsor in the manner and format designated below. IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL GIVEAWAY RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE.
3. Giveaway Period: The Giveaway starts at 12:00:00 a.m. (PT) on October 22, 2024 and ends at 11:59:59 p.m. (PT) on November 1, 2024 (the “Giveaway Period”). All entries must be received during the Giveaway Period and meet other requirements in these Official Giveaway Rules to be eligible to win a prize. The Sponsor’s or its designee’s computer is the official time-keeping device for the Giveaway.
4. How to Enter: Individuals may enter the Giveaway during the Giveaway Period by (1) liking and following both @MonosTravel and @monicavinader; and (2) posting an original comment tagging a friends who are the age of majority in their respective state or province of residence in the comments to the Giveaway Instagram post. Instagram accounts must be public for entrants to qualify to win. Upon completion of these steps, you will receive one entry into the Giveaway. Reposting to story will be a bonus entry. Entrant must have permission from the friend who is tagged in the entry to use their names and likenesses in the entry and to grant the rights set forth herein. The entry must meet the following “Entry Guidelines”: (i) the entry must not include text or subject matter that is deemed by the Sponsor to be obscene, profane, pornographic, libelous or otherwise objectionable; (ii) the entry must not disparage the Sponsor or any other person or entity; (iii) the entry must not contain material that is political; (iv) the entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; (v) the entry must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any state or province; and (vi) the entry must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity, or intellectual property rights, or that constitutes infringement. Limit two entry per person during the Giveaway Period.
IMPORTANT: All entries must be submitted by the individual entrant. Bulk or automated entries will be disqualified (including entries made using any script, macro, bot, or promotional service). Any attempt to obtain additional entries through fraud or other illegitimate means will result in disqualification, at the Sponsor’s discretion. Entrants who violate these Official Giveaway Rules, violate any law, rule or regulation in connection with participation in the Giveaway, tamper with the operation of the Giveaway or engage in any conduct that is detrimental or unfair to the Sponsor, the Giveaway or any other entrant (as determined in the Sponsor's discretion) are subject to disqualification from the Giveaway. The Sponsor reserves the right to disqualify any entries received that violate the Entry Guidelines or otherwise contain inappropriate or offensive content. Entrants should be aware that they may be subject to data charges depending on their own individual arrangements for Internet access.
The Sponsor’s Use of Entries: By posting, commenting, sharing, or uploading an entry entrant consents to and hereby grants to the Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display the entry 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. Entrant agrees to first obtain permission from their tagged and/or mentioned friend to be tagged and/or mentioned in the entry. If requested, entrant agrees to provide the Sponsor the tagged and/or mentioned friend’s permission to be tagged and/or mentioned as a friend in the entry and their agreement to these rules in connection therewith in writing. If requested, entrant will sign any documentation that may be required for the Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the entry. The Sponsor reserves the right to remove (and to require that entrant remove) and to disqualify entries that violate the guidelines outlined above, violate these Official Giveaway Rules, or for which a DMCA notice or other infringement claim is received.
5. Odds of Winning: The odds of winning will depend on the number of eligible entries received by the Sponsor during the Giveaway Period, and would be calculated by taking the number of prizes available and dividing it by such number of eligible entries.
6. Skill-Testing Question: Selected entrants who reside in Canada will be required, as a condition of winning a prize, to correctly answer, without assistance of any kind, the Sponsor’s time-limited, mathematical skill-testing question.
7. Selection and Notification of Winner: Winning a prize is contingent upon entrant fulfilling all the requirements of the Official Giveaway Rules. A draw to determine the potential winner of the Giveaway will be held on or about November 2, 2024 (the “Draw Date”). All eligible entries received by the Sponsor during the Giveaway Period will participate in that draw. The draw will be conducted through a random draw of all eligible entries.
Each selected entrant will be notified via [comment/direct message/email] on or about one (1) week after the Draw Date. If, for any reason, after three (3) attempts it is not possible within a forty-eight (48) hour period to contact a selected entrant, the Sponsor reserves the right to disqualify that selected entrant and randomly select another entrant for the corresponding prize. If for any reason, any prize is not awarded within three (3) months of the Draw Date, at its discretion, the Sponsor may decide not to award the prize(s). Except for the selected entrant, no other entrants will be notified about the results of the Giveaway. The Sponsor is not responsible for the failure for any reason whatsoever of a potential winner to receive notification or for the failure of the Sponsor to receive a potential winner’s response.
Verification of Selected Entrant: EACH SELECTED ENTRANT IS SUBJECT TO VERIFICATION BY THE SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE GIVEAWAY. AN ENTRANT IS NOT A PRIZE WINNER UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED; FOR CANADIAN RESIDENTS THE SKILL-TESTING QUESTION HAS BEEN CORRECTLY ANSWERED BY THE SELECTED ENTRANT TO THE SATISFACTION OF THE SPONSOR; THE SELECTED ENTRANT EXECUTES AND RETURNS A DECLARATION & RELEASE IN THE FORM PROVIDED BY THE SPONSOR WITHIN TEN (10) DAYS OF THE DATE IT IS SENT BY THE SPONSOR TO THE SELECTED ENTRANT, AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE AND NO FURTHER ACTION IS NEEDED. NON-COMPLIANCE WITH THE FOREGOING OR WITH ANY OF THESE OFFICIAL GIVEAWAY RULES WILL, AT THE SPONSOR’S DISCRETION, RESULT IN DISQUALIFICATION OF THE SELECTED ENTRANT AND, AT THE SPONSOR’S SOLE OPTION, AN ALTERNATE ENTRANT BEING SELECTED BY ANOTHER DRAW.
7. Prize: The winner will receive two (2) $500 gift cards in US Dollars.Both gift cards will be awarded to the winner.
Prize Restrictions: ALL FEDERAL, STATE, PROVINCIAL, MUNICIPAL AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. Prizes are not transferable. No substitutions or exchanges of any prize (including for cash) will be permitted, except that the Sponsor reserves the right to substitute a prize of comparable or greater value for any prize. The Sponsor will not replace any lost or stolen prizes or prize components. Only the number of prizes stated in these Official Giveaway Rules are available to be won in the Giveaway. All prize details are at the Sponsor’s sole discretion. Prize will be awarded to the winning entrant. The winner will be responsible for deciding whether to keep the prize, share the prize with the friend mentioned in the entry, or otherwise, and the Sponsor shall have no liability whatsoever to winner, winner’s friend, or to any other party related to winner’s use or disposition of the prize.
Except for applicable manufacturer’s standard warranties, the prizes 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).
8 Disclaimer: The Sponsor and any of its parent companies, subsidiaries, affiliates, directors, officers, professional advisors, consultants, contractors, legal counsel, public relations firms, employees and advertising, fulfillment and marketing agencies (collectively, the “Released Parties”) will not be responsible for: (a) phone, electronic, hardware, software, network, Internet, or other computer or communications-related malfunctions or failures beyond the Sponsor’s or the Released Parties’ reasonable control; (b) any Giveaway disruptions, injuries, losses or damages caused by events beyond the reasonable control of the Sponsor or the Released Parties or by non-authorized human intervention; or (c) any printing or typographical errors in any materials associated with the Giveaway.
9. Instagram and Facebook: This Giveaway is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook, as applicable. Each entrant unconditionally and irrevocably release Instagram and Facebook from any damage, loss, claim, action, demand or liability whatsoever suffered as a result of or arising from the entrant’s participation or attempted participation in the Giveaway, compliance or non-compliance with these Official Giveaway Rules, and acceptance, use, misuse or redemption of any prize. Any and all questions, comments or complaints regarding the Giveaway must be directed only to the Sponsor and not to Instagram or Facebook. All entrants must comply with the social media Terms of Use published for Instagram or for Facebook, and are encouraged to review those applicable Terms of Use. The Sponsor is not responsible or liable for the entrant’s use of or inability to use Instagram or Facebook.
10. Limitations of Liability; Releases: The Sponsor and the Released Parties are not responsible or liable for: any incorrect or inaccurate information; technical failures; unauthorized human intervention in the entry process; typographical, printing, mechanical, human or other errors or malfunctions; any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Giveaway or receipt, use or misuse of any prize; or lost, incomplete, late, misdirected, undelivered, stolen, or mutilated entries. Each entrant releases, indemnifies, and holds harmless the Sponsor and the Released Parties from any and all claims, actions, damages, demands, and liabilities of whatever nature or kind arising out of or in connection with the entrant’s participation or attempted participation in the Giveaway, compliance or non-compliance with these Official Giveaway Rules, and acceptance, use or misuse of the prizes. In the event of a dispute regarding who submitted an online entry, entries will be deemed to have been submitted by the authorized account holder of the Instagram account submitted at the time of entry. “Authorized account holder” is defined as the person who is assigned the email address associated with the Instagram account. An online entrant may be required to provide proof (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) that he/she is the authorized account holder of the e-mail account associated with the entry in question.
11. Use of Name: To the fullest extent permitted by applicable law, entry into the Giveaway constitutes permission to use your account name and prize information for advertising, marketing, and promotional purposes without further permission or compensation (including in a public-facing winner list). By entering this Giveaway, you consent to being contacted by the Sponsor for any purpose in connection with this Giveaway.
12. Privacy: By entering this Giveaway, each entrant expressly authorizes the Sponsor and its agents and/or representatives, to store, share and use the personal information submitted with his/her Sweepstakes entry for the purpose of administering the Sweepstakes or any publicity carried out by the Sponsor, without further notice or compensation. The Sponsor’s Privacy Policy is available at https://ca.monos.com/pages/privacy-policy.
13. Intellectual Property Notice: All intellectual property, including but not limited to trademarks, logos, designs, Giveaway materials, web pages, source codes, images, drawings, illustrations, slogans and representations are owned by the Sponsor. All rights reserved. Unauthorized copying or use of any of the Sponsor’s intellectual property without the express written consent of the Sponsor is strictly prohibited.
14. Disputes and Arbitration; Class Action Waiver: Any and all disputes arising out of or connected with this Giveaway shall be resolved individually and exclusively by final and individual binding arbitration as described below in this Section 14. If for any reason no party is entitled to arbitrate their dispute as provided below, then such dispute shall be resolved individually and exclusively by the Courts of the Province of British Columbia. The Giveaway and these Official Giveaway Rules shall be governed by the laws of the Province of British Columbia, Canada.
By participating in this Giveaway, each entrant agrees: (i) that any and all disputes entrant may have with, or claims entrant may have whether in contract, tort, statute or otherwise (including the interpretation and scope of this arbitration provision, and the arbitrability of the claim or dispute), between entrant and the Sponsor, or between entrant and any third parties if entrant asserts a claim against such third parties in connection with a claim entrant asserts against the Sponsor relating to, arising out of or connected in any way with (a) the Giveaway, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate and/or (d) any aspect of entrant's relationship with the Sponsor (including but not limited to, claims relating to advertising), will be resolved exclusively by final and individual binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS, (available at https://www.jamsadr.com/rules-comprehensive-arbitration/), including, if applicable, the JAMS Mass Arbitration Procedures and Guidelines; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Vancouver, British Columbia, except as to US residents who may instead elect arbitration to be held in the US is more convenient for such US resident(s), except as to Australia residents who may instead elect arbitration to be held in Australia is more convenient for such AU resident(s) except as to UK residents who may instead elect arbitration to be held in UK is more convenient for such UK resident(s); (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Giveaway; (v) the arbitrator shall apply the laws of the Province of British Columbia, Canada], consistent with the FAA and applicable statutes of limitations, and the arbitrator shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or the Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated unless a claim is brought as part of a “Mass Arbitration” as described below; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Released Parties; (viii) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (ix) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor the Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
Mass Arbitration: In the event entrant participates in any “Mass Arbitration” as that term is defined in the JAMS Mass Arbitration Procedures and Guidelines (available at https://www.jamsadr.com/mass-arbitration-procedures), entrant expressly agrees to the application of the JAMS Mass Arbitration Procedures and Guidelines for any claims arising out of or related to entrant’s participation in this Promotion.
THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR RELEASED PARTY AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE GIVEAWAY PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
15. Amendments: The Sponsor reserves the right to modify these Official Giveaway Rules and/or cancel, modify, or suspend the Giveaway without notice in the event the Giveaway is not capable of running as planned, including without limitation the right to modify the Giveaway in a manner the Sponsor deems fair and reasonable including the selection of the winners from among eligible entries received prior to such cancellation, termination, modification or suspension.
16. TO RECEIVE WINNERS LIST OR OFFICIAL RULES: The Official Rules (available during the Giveaway Period) and Winners List (available after winner is confirmed) will be available for a period of sixty (60) days after the close of the Giveaway Period.
17. General Conditions: Entrants agree to be bound by these Official Giveaway Rules and by the decisions of the Sponsor, which are final and binding in all respects. The Sponsor’s failure to enforce any term of these Official Giveaway Rules will not constitute a waiver of that provision. Any provision of these Official Giveaway Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Giveaway Rules will remain in effect.