NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. INSTAGRAM ACCOUNT MUST BE ON PUBLIC SETTING TO BE ELIGIBLE TO PARTICIPATE. THIS GIVEAWAY IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM, FACEBOOK, TIKTOK, OR ANY OTHER SOCIAL MEDIA PLATFORM ON WHICH IT IS ADVERTISED OR WHICH IS USED TO COLLECT ENTRIES.
By participating in The Pants Store Cancun Giveaway on November 6, 2022 through November 13, 2022 (the “Giveaway”), each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of The Taylor Company, Inc. d/b/a The Pants Store (“Sponsor”), located at 8029 Parkway Drive, Leeds, Alabama 35094, which shall be final and binding in all respects. Sponsor will administer the Giveaway and consistent with the foregoing, Sponsor is solely authorized to resolve any questions or disputes relating to or arising out of the Giveaway. Entrants should look solely to Sponsor with any questions, comments, or problems related to the Giveaway.
* COVID- 19 travel guidelines are suggested.
Eligibility. Open to legal residents of the United States who are physically located in contiguous United States or the District of Columbia who are of the legal age of majority in their jurisdiction of primary residence. Proof of residency and age may be required. Entrants must have a valid passport (with ability to travel to such location as described in these Official Rules), and valid email address. Employees, officers, directors, members, managers, independent contractors, and agents of Sponsor and its affiliated companies (collectively, the “Promotion Entities”), and members of their immediate families (defined as parent, sibling, spouse or child; whether biological, adopted, step or in-law) and/or persons living in the same household as such persons, are ineligible to enter the Giveaway or win a Prize. Void in all jurisdictions other than the fifty (50) United States or the District of Columbia, and where prohibited by law. All federal, state, and/or local laws, rules and regulations apply.
How to Enter. To participate and enter this Giveaway, you must take the following actions:
At no time will Pants Store ask for participants’ personal or financial information (including credit card information) in connection with this Giveaway.
Successful completion of these steps by an eligible entrant shall result in an “Entry.” The Giveaway will begin at 4:00PM CDT on Sunday, November 6, 2022 and will end at 4:00PM CDT on Sunday, November 13, 2022 (the “Entry Period”). Sponsor shall be the official timekeeper for the Giveaway. One winner will be selected at random from those eligible entrants that submit an eligible Entry during the Entry Period (the “Winner”). There is no cost to view the Giveaway post or to leave a comment.
Sponsor shall not consider incorrect, fraudulent, incomplete, late, or otherwise non-conforming entries or entries, including any entries that Sponsor finds to annoy, abuse, threaten, or harass any person or entity in any way. All entries, once provided, are Sponsor’s sole and exclusive property. Eligibility is at the exclusive discretion of Sponsor, and Sponsor shall be entitled to reject any entrant for any reason or no reason at all without having to provide an explanation. Sponsor reserves the right, in its sole discretion, to cancel, suspend, or terminate the Giveaway for any reason without prior notice to any Entrant. In such instance, Sponsor may, as appropriate, select a Winner using reasonable means that are materially consistent with the Giveaway.
In the event of a dispute as to the identity of the Winner, such Winner will be deemed to be the person whose name appears on the Instagram account associated with the above-described Instagram username at the time of Entry, or alternatively, Sponsor may resolve any dispute in its sole discretion.
Sponsor is not responsible for any changes or unavailability of any third party platform service, including Instagram, Facebook, and TikTok, that may interfere with the Giveaway or ability of entrant to timely enter, receive notices or communicate with Sponsor, in which case Sponsor, in its sole discretion may terminate or modify the Giveaway. It is Winner’s responsibility to set his/her Accounts to accept contacts by Sponsor and to timely check his/her Accounts for any Sponsor direct messages.
Entries that are lost, late, misdirected, illegible, incomplete, unreadable, damaged, destroyed, delayed, tampered with, incomprehensible, forged, mutilated, stolen, misdirected, inaccurate, unintelligible or otherwise not in compliance with these Official Rules will be disqualified. All Entries generated by a script, macro or other automated/repetitive electronic means will be disqualified and ineligible for the Giveaway.
Prize. Notwithstanding anything to the contrary, the Winner will only receive the following:
All other expenses are the responsibility of the Winner.
The Prize will be fulfilled in the form of a certificate redeemable by filling in requested information and mailing back to the address indicated. Winner will be contacted to arrange trip details. Winner must redeem the Prize within seven (7) calendar days from date Prize is awarded. If Winner is unable to redeem the Prize within the time period required, the Prize will be forfeited. The Prize is subject to availability. Winner must obey all local laws regarding lodging restrictions. All expenses and incidental travel costs not expressly stated in the Prize description above, including but not limited to; ground transportation, personal charges at lodging, telecommunication charges, security fees, taxes, or other expenses or incidentals are the responsibility solely of Winner. Winner's travel companion (“the Travel Companion”) must be twenty-one (21) years old as of the date of departure and must travel on the same itinerary as the Winner. The Travel Companion must also execute liability/publicity releases prior to travel. Restrictions, conditions and limitations may apply. The Approximate Retail Value ("ARV") of this Prize trip is: $5,000 USD. No substitution, assignment or transfer of the Prize is permitted, except by the Sponsor, who reserves the right to substitute the Prize or Prize component with another of comparable or greater value. Winner is responsible for all taxes and fees associated with Prize receipt and/or use.
Planning, Safety, and Travel Risks. By participating in this Giveaway, entrants acknowledge that it is their responsibility to investigate and determine whether to accept the Prize in consideration of risks (including serious risks to health and safety) associated with traveling to Mexico, including without limitation: (i) risks of becoming sick or contracting a disease such as, without limitation, Covid-19; (ii) risks of injury during transit or while in Mexico; (iii) risks of inclement or hazardous weather conditions or events, (iv) risks of changes in the availability of services, including hotel services and transportation/airline services; and (iv) risks of criminal activity such as robbery, kidnapping, or murder (collectively, the “Understood Risks”). Entrants acknowledge and agree that Sponsor bears no responsibility or liability whatsoever for the Understood Risks or any injuries or damages of any kind that may result from the Understood Risks (“the Potential Injuries”). By entering into the Giveaway, Entrants knowingly assume all risks associated with the Understood Risks and the Potential Injuries and shall immediately advise any potential Travel Companion of same.
Winner Selection: The Sponsor will select one (1) Winner at random of all eligible Entries received following the end of the Entry Period. Odds of winning will vary depending on the number of eligible Entries received. Sponsor will attempt to notify potential winner within five (5) business days of the drawing by email or direct message through Instagram. (Sponsor will not ask for potential winner’s personal information or financial information, including credit card information). If a potential winner does not respond within seven (7) calendar days after the notice is sent, the Sponsor will select an alternate potential winner in his/her place at random from all remaining entries received. Only three (3) alternate potential winners will be contacted. Sponsor is not responsible for digital communications that are undeliverable as a result of any filtering of any kind, insufficient space in a Entrant’s account, or any other failure beyond its reasonable control.
Except where prohibited, as a condition to receiving the Prize, a potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release (Prize Winner Notification Letter). If a potential winner fails to correctly execute and return these executed documents within the required time period, an alternate potential winner may be selected in his/her place in a random drawing of all remaining entries received. Only three (3) alternate potential winners may be contacted. The winner must provide sufficient evidence to prove identification and eligibility to receive the Prize.
By accepting the Prize, the Winner confirms that: (i) Sponsor bears no responsibility or liability whatsoever for the Understood Risks or the Potential Injuries, and (ii) he or she is knowingly assuming all risks associated with the Understood Risks and the Potential Injuries.
Any potential winner will forfeit his or her Prize if he or she (1) fails to respond in a timely fashion to any of Sponsor’s requests for information or signatures with respect the Giveaway or the Prize; (2) cannot be reached at the information provided by such individual; (3) rejects the Prize; (4) is disqualified from the Giveaway for any reason; or (5) fails to comply with these rules. In the event of any forfeiture hereunder, an alternate winner will be selected. Prize winners are solely responsible for all applicable (1) federal, state, and local taxes; and (2) out-of-pocket expenses, associated with Prize acceptance and use. Prizes will not be substituted by Sponsor for cash or other merchandise pursuant to any Prize winner’s request. Sponsor, however, reserves the right to substitute alternate Prizes of comparable or equal value in its sole discretion. 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.
Provision of materials and information/intellectual property. By entering into this Giveaway, Entrant represents and warrants as follows (1) that it fully owns or has properly licensed whatever materials or information it submits hereunder in connection with the Giveaway and can make such submissions without violating any: applicable law, agreement with any third-party, and/or third-party right of any kind (including without limitation any intellectual property, data protection, privacy, or publicity right); and (2) that any and all materials or information provided by it hereunder shall be true and correct in all respects. Furthermore, without limitation on anything set forth herein to the contrary, Sponsor shall have the irrevocable, transferable, and fully sublicensable right and license (but not the obligation) to exploit any and all such materials or information in any manner it so elects to promote the Giveaway, its business, brand, products, and/or services, throughout the world in perpetuity, and in any and all media, now or hereafter known.
Publicity. Subject to applicable law, entrance in this Giveaway constitutes the Entrant’s consent to Sponsor’s and Sponsor’s affiliates to use his or her name, voice, likeness, opinions, and biographical information for marketing, advertising, and publicity purposes in any media throughout the world at any time without the obligation to seek consent or to provide Entrant with any payment or other form of consideration. Entrant agrees to execute any document reasonably required by Sponsor to effectuate the terms hereof and failure to do so shall give rise to Sponsor’s right to execute any and all such documents as Entrant’s attorney-in-fact, which right shall be coupled with an interest and therefore, irrevocable.
Release. Subject to applicable law, by entering into this Giveaway and potentially receiving a Prize, each Entrant and Winner agrees to release, discharge, and hold harmless Sponsor, along with Sponsor’s employees, officers, directors, affiliates, partners, agents and assigns (collectively, “Released Parties”), from and against any claim, cause of action, demand, or proceeding (each, a “Claim”), and any resultant loss, injury (including death), cost, expense, fee, fine, penalty, or other loss or expense of any kind, including attorneys’ fees (each, a “Loss”), relating to or arising directly or indirectly out of his or her participation in a Giveaway (or related activity such as a press release), and/or Sponsor’s right to exploit Entrant’s name and/or likeness or fully exploit any other right granted to it hereunder, and/or from Entrant’s receipt, use, or misuse of any Prize, no matter how such Claim or Loss arises (including without limitation: (a) unauthorized human intervention in the Giveaway; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) printing errors; (d) lost, late, postage due, misdirected, or undeliverable mail; (e) errors in the administration of the Giveaway or the processing of entries; or (f) 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 or use of any prize). You further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Giveaway, and in no event shall the Released Parties be liable for attorney’s fees.
Limitation of Liability. IN NO EVENT SHALL SPONSOR, AND/OR SPONSOR’S PARENT, SUBSIDIARY, LICENSEES, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, ASSIGNS, AFFILIATES, OR RELATED COMPANIES (COLLECTIVELY WITH PROMOTER, THE “SPONSOR PARTIES”), BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) ARISING OUT OF (i) ANY ENTRANT’S PARTICIPATION IN THE GIVEAWAY, THESE OFFICIAL RULES, AND/OR ANY ENTRANT’S RECEIPT OF A PRIZE, NO MATTER UNDER WHAT THEORY ARISING, EVEN IF ANY SPONSOR PARTY HAS BEEN ADVISED OF THE POSSIBLY OF SUCH DAMAGES; or (ii) ANY TRAVEL COMPANION’S DECISION TO TRAVEL WITH WINNER OR OTHERWISE PARTICIPATE IN THE BENEFITS OF THE PRIZE. SPONSOR PARTIES’ ENTIRE LIABILITY WITH RESPECT TO: ANY ENTRANT’S PARTICIPATION IN THE GIVEAWAY, THESE OFFICIAL RULES, ANY ENTRANT’S RECEIPT OF A PRIZE, AND/OR ANY TRAVEL COMPANION’S DECISION TO TRAVEL WITH WINNER OR OTHERWISE PARTICIPATE IN THE BENEFITS OF THE 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.
Third Party Platform. By participating in this Giveaway, Entrant hereby releases and agrees to comply with all rules and policies set forth by Instagram, Facebook, and TikTok, and to hold harmless Instagram, Facebook, and TikTok from any and all liability, loss or damages arising from or in connection with the awarding, receipt, and/or use or misuse of prizes or participation in any prize related activities. This Giveaway is not sponsored, endorsed or administered by, or associated with, Instagram, Facebook, or TikTok.
Use of Collected Materials and Information. Sponsor will be collecting, storing, and exploiting personal data about Entrants to administer this Giveaway and exercise its rights hereunder, including without limitation, those relating to marketing and publicity. By entering into this Giveaway, Entrants agree to Sponsor’s collection and use of their personal information. Sponsor will not disclose any Entrant’s personal information to any non-affiliated third party. For more information on Sponsor’s handling of personal information, see Sponsor’s Privacy Policy, a copy of which can be found at https://www.pantsstore.com/pages/privacy-policy.
In addition to the collection of personal information, by entering into this Giveaway, you will be registering to receive email communication, including without limitation, newsletters and special offers from Sponsor. For more information on such email and communication practices, including the ability to OPT-OUT, please review The Pants Store privacy policy at https://www.pantsstore.com/pages/privacy-policy.
Dispute Resolution. The parties hereto acknowledge and agree as follows: (1) that all disputes, causes of action, and claims connected to or arising in any way hereunder between the parties or this Giveaway shall be resolved solely on an individual basis, without resort to any form of class action (i.e., class actions suits are hereby waived by the parties) and exclusively by the state or federal courts situated in Leeds, Alabama; (2) that the laws of the state of Alabama shall govern, without regard to its conflict of laws principles; and (3) that the parties hereto waive any right to a trial by jury.
Winner’s List. To the extent required by applicable law, Sponsor will provide the name of any Winner upon receipt of a written request including a self-addressed, stamped envelope on or after the Entry Period with your request, provided however, requests must be received on or before the 30th day following the end of the Entry Period. The request must be to the Sponsor at the address below.
General Conditions. As a condition to receiving and/or participating in the benefits of the Prize, Winner and Travel Companion agree to execute a separate agreement incorporating some or all of the terms of these Rules, including but not limited to: (i) a general release at least as broad as the one set forth above, (ii) a limitation of liability at least as broad as the one set forth above; (iii) an arbitration agreement at least as broad as the one set forth above; and (iv) an acknowledgement that Sponsor and Sponsor Parties bear no responsibility or liability whatsoever for the Understood Risks or the Potential Injuries all of which are knowingly and voluntarily assumed by Winner and Travel Companion.
Further, in the event that the operation, security, or administration of this Giveaway is impaired in any way for any reason, including, without limitation, fraud, virus, or other technical problem, Sponsor may, in its sole discretion, either: (a) 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; or (b) award the prize(s) at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Giveaway or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to 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 seek damages from any such person to the fullest extent permitted by law. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor by mail shall not be deemed proof of receipt of that communication by Sponsor. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the Entrant. The “authorized account holder” is the natural person who is assigned to 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 email address.
Sponsor. The Giveaway is sponsored by The Taylor Company, Inc. d/b/a The Pants Store at 8029 Parkway Drive, Leeds, Alabama 35094.
Customer Care. If you are experiencing any problems, please visit https://www.pantsstore.com and submit the form with details about your problem or your request for support, or email sales@pantsstore.com.
