GOAT USA 2024 Holiday Sweepstakes
Official Rules
GOAT USA thanks you for participating in the GOAT USA 2024 Holiday Bundle Giveaway
You have not yet won.
NO PURCHASE IS NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING. SWEEPSTAKES PRIZE WILL ONLY BE AWARDED UNDER CERTAIN CONDITIONS AND PROVIDED THAT THE RULES HEREIN ARE FOLLOWED.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM.
THE SWEEPSTAKES IS OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST EIGHTEEN (18) YEARS OLD AT THE TIME OF ENTRY. VOID WHERE PROHIBITED.
This Sweepstakes is sponsored and administered by GOAT USA Inc (“GOAT USA”), 135 Dupont Street, Plainview, NY 11803.
1. SWEEPSTAKES PERIOD: Sweepstakes begins on November 7, 2024 at 10 A.M. Eastern Standard Time and ends on November 11, 2024 at 11:59:59 P.M. Eastern Standard Time (the “Sweepstakes Period”). Entries that are received after the Sweepstakes Period are void and may be discarded at GOAT USA’s sole discretion.2. NOT ENDORSED BY INSTAGRAM: By participating in this Sweepstakes, you acknowledge that this Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram, and you release Instagram from any and all liability arising from or related to this Sweepstakes. The information you are providing for this Sweepstakes is being provided to GOAT USA and is not being shared with Instagram, and such information may be used to communicate with you concerning shipping of the prize in the event that you win and to inform you about special offers. For information on Instagram’s data collection processing, please consult their websites. The sole sponsor of this Sweepstakes is GOAT USA, which may be contacted by mail at 135 Dupont Street, Plainview, NY 11803 or by email at legal@goatusa.com.
3. ELIGIBILITY: This Sweepstakes is only open to legal residents of the fifty (50) United States and the District of Columbia who are at least sixteen (16) years of age or older at time of entry (“Entrant” or “you”). Eligible Entrants who are under the legal age of majority in their state (a “Minor”) must get the written permission of their parent or legal guardian to participate in the Sweepstakes. A Minor Entrant will be required to provide written parental consent that is in a form that is sufficient for GOAT USA (to be determined in GOAT USA’s sole discretion) before they can be declared a winner or any prize can be awarded under these Official Rules. Employees of GOAT USA (including its officers, directors, contractors, affiliates and subsidiaries) and their immediate families are not eligible. Void where prohibited by law. Sweepstakes participants residing in those areas where the Sweepstakes is void may participate in the Sweepstakes but may not be eligible to win any prize.
4. ENTRY RULES: This Sweepstakes represents a sales and marketing promotion. No purchase is necessary to enter or win. A purchase does not improve the chances of winning the Sweepstakes. In order to enter the Sweepstakes, Entrant must complete all of the following steps during the Sweepstakes Period:
a. Entrant must either be an existing follower of the GOAT USA Instagram page (@goatusa) or become a follower of the GOAT USA Instagram page (@goatusa) prior to the end of the Sweepstakes Period. Those individuals who are existing Followers of the GOAT USA Instagram page (@goatusa) (as shown on the Instagram page as followers as of 10:00 A.M. p.m. (EST) on November 7, 2024) as well as new followers must maintain their status as followers throughout the remainder of the Sweepstakes Period to be deemed eligible for this Sweepstakes.
b. Entrant must repost on the Entrant’s own Instagram account GOAT USA’s Holiday Bundle Giveaway Carousel Post and tag GOAT USA with the hashtag “#sweepstakes” and tag three (3) friends in the post comments prior to the end of the Sweepstakes Period.
In order to enter the Sweepstakes, an Entrant must have an Instagram account. If you do not have an Instagram account, you may create one for free by visiting www.instagram.com. By submitting your information and creating an account, you agree to the terms of use and privacy policy of Instagram. If you do not agree to such terms of use and privacy policy, you cannot create an account or participate in this Sweepstakes. Sponsor may not receive Entries from Instagram users with “private” updates (i.e., Entrant has set their account so that only people the Entrant has approved can view his or her updates.) If Entrant is using his or her mobile device to enter, charges, including message and data rates, may apply. Entrants should consult their wireless service provider regarding its pricing plans.
By participating in the GOAT USA’s Social Media Sweepstakes (the “Sweepstakes”) each Entrant fully and unconditionally agrees to be bound by and accepts these official rules (the “Official Rules”) which are final and binding in all respects. Any violation of these Official Rules may, at GOAT USA’s sole discretion, result in disqualification. GOAT USA reserves the right to cancel the Sweepstakes at any time and/or substitute another promotion in its place.
All Entrant information, including e-mail addresses, is subject to the privacy policy and terms of service of GOAT USA and may be further subject to the legal terms provided by Instagram with the development or administration of this Sweepstakes, as the case may be. The governing terms for GOAT USA can be found at https://www.goatusa.com/pages/terms-of-service and https://www.goatusa.com/pages/privacy-policy. The privacy policy for Instagram can be found at https://privacycenter.instagram.com/policy.
5. WINNER SELECTION: On our about November 12, 2024, a potential prize winner will be selected in a random drawing from all eligible entries received by GOAT USA. By entering the Sweepstakes, Entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of GOAT USA, which will be final and binding in all matters relating to the Sweepstakes. The potential winner will be notified via a direct message on Instagram sent to the Instagram handle used to enter the Sweepstakes.
6. GENERAL CONDITIONS:
a. Except where prohibited, submitting an entry to the Sweepstakes constitutes the consent of each Entrant, without further compensation, to use his/her name, image, likeness, social media handle, biographical data, contact information and his/her entry for editorial, advertising, trade, marketing, publicity, and administrative purposes by GOAT USA and/or others authorized by GOAT USA, and Entrant agrees to execute documents confirming such right and license at GOAT USA’s reasonable request.
b. GOAT USA reserves the right, in its sole discretion, to award discounts to other eligible Entrants who did not win.
c. Any attempted form of participation in this Sweepstakes other than as described herein is void. GOAT USA reserves the right to disqualify any Entrant found or suspected, in their sole and absolute discretion, to be tampering with the operation of the Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Sweepstakes. Any attempted form of participation in this Sweepstakes other than as in these Official Rules is void. If it is discovered that a person has entered or attempted to enter more than once using multiple phone numbers, e-mail addresses, residential addresses, multiple identities, IP addresses, use of proxy servers, or like methods, all of that person’s entries will be declared null and void and that person will not be awarded any Prize that they might have been entitled to receive. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Sweepstakes will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. Entrants and/or potential winner may be required to provide proof of identification and eligibility as required by GOAT USA. In the event of a dispute as to the identity of a winner, the winning entry will be the authorized account holder of the e-mail address associated with the Instagram handle. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address. Each Entrant may be required to show proof of being an authorized account holder. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, GOAT USA RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
d. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the Prize documents will not affect the validity or enforceability of any other provision. No Entrant shall have the right to modify or amend these Official Rules. GOAT USA’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted become the property of GOAT USA and will not be returned. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any promotional materials (including but not limited to point of sale, social media advertising, and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
7. HOW TO CLAIM A PRIZE: The potential winner is subject to verification of eligibility and compliance with these Official Rules.
The potential winner may be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release (except where prohibited) and any other requested documents within five (5) calendar days from receiving notice from GOAT USA or the prize may be forfeited in its entirety and awarded to an alternate winner, in GOAT USA’s sole and absolute discretion. Failure to provide all required information and a signature on the documents within the stated time period may result in the prize being awarded to an alternate winner. If a potential winner is disqualified, found to be ineligible or not in compliance with these Official Rules, declines to accept a prize, the respective prize may be forfeited. If a prize is forfeited, the prize may be awarded to an alternate winner on a first-come, first-served basis. If, after a good-faith attempt, GOAT USA is unable to award or deliver a prize, the prize may not be re-awarded, nor is GOAT USA responsible for re-awarding any prize. Upon verification of eligibility, the prize will be shipped to the confirmed winner at the address indicated by each such confirmed winner. Any portion of a prize not accepted by winner will be forfeited. Each winner shall be solely responsible for payment of any and all applicable federal, state, and local taxes for his/her prize won. All other costs and expenses not expressly set forth herein shall be solely each winner’s responsibility. A prize will only be awarded to a verified winner.
GOAT USA is not responsible for any undelivered e-mails, including, without limitation, e-mails that are not received because of a winner’s privacy or spam filter settings which may divert any Sweepstakes e-mail, including any winner notification e-mail, to a spam or junk folder. Any prize that is unclaimed, unredeemed, or returned as undeliverable will not be awarded. Prize is non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by GOAT USA, who reserves the right to substitute a prize of equal or greater value in case of unavailability of a prize or force majeure, at GOAT USA’s sole and absolute discretion. GOAT USA shall not be held responsible for any delays in awarding a prize for any reason.
8. PRIZE, APPROXIMATE RETAIL VALUE (“ARV”), AND ODDS OF WINNING:
a. Prize (1): GOAT USA will award the one (1) holiday clothing and accessories bundle (the “Prize”), which includes the following: one (1) Hoodie ($65), one (1) Long Sleeve Tee ($35), one (1) pair of Pajama Pants ($45), one (1) water bottle (35), one (1) pair of fuzzy socks ($10), and one (1) ornament ($15), one (1) winter hat and one (1) set of shoe charms, to one (1) Entrant chosen in accordance with the provisions of paragraph 4 above. The style/graphic design of the items that are included in the Prize is subject to stock availability and the final determination of each Prize, including the style/graphic design of the Prize, will be determined by GOAT USA, in its sole discretion. GOAT USA does not make, nor in any manner is responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize, including, but not limited to, its quality or fitness for purpose. No cash equivalent will be awarded instead of the Prize. All expenses and costs not expressly listed above are the sole responsibility of the Winner.
b. Total ARV: The total ARV of the Prize is Two Hundred Fifty US Dollars ($250.00)
c. The odds of winning a prize depend on the number of entries received.
9. LIMITATION OF LIABILITY, RELEASES AND INDEMNITY:
By participating in this Sweepstakes, each Entrant agrees that GOAT USA, Instagram, and any other party associated with the development or administration of this Sweepstakes; their parent, subsidiary, and affiliated entities; and the respective officers, directors, members, shareholders, employees, independent contractors, agents, attorneys, representatives, successors and assigns of each (collectively, “Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail/text notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Sweepstakes; (vi) any injury or damage, whether personal or property, to Entrants or to any person's computer related to or resulting from participating in the Sweepstakes, accepting a Prize, and/or use of the Prize; and (vii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules.
By entering the Sweepstakes, each Entrant agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iv) to forever and irrevocably agree to release, discharge and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and the Entrant’s entries, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of the Prize; (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); (h) tax issues; or (i) the negligence or willful misconduct by any Entrant.
By entering this Sweepstakes, each Entrant hereby agrees to indemnify and hold the Released Parties harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all claims, damages, injuries, death, liabilities, losses, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of Entrant hereunder, or any actions taken in connection with the Prize.
If, for any reason, the Sweepstakes is not capable of running as planned, GOAT USA reserves the right, in its sole and absolute discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of a winner in a manner it deems fair and reasonable, including the selection of a winner from among eligible entries received prior to such cancellation, termination, modification or suspension. In no event will more Prizes be awarded than are stated in these Official Rules.
WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE PRIZE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO ANY ENTRANT OR WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO THE INDIVIDUAL ENTRANT IN THIS SWEEPSTAKES. GOAT USA’S FAILURE TO ENFORCE ANY PROVISION IN THESE OFFICIAL RULES WILL NOT BE DEEMED A WAIVER OF SUCH.
10. Applicable Laws, Jurisdiction and Disputes: THIS SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NASSAU COUNTY, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN NASSAU COUNTY, NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES NOT TO EXCEED THE ARV OF THE PRIZE, 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 THE RELEASED PARTIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE SWEEPSTAKES PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
11. WINNERS LIST: The name and address of the winner may be obtained by sending a self-addressed stamped envelope to: GOAT USA, 135 Dupont Street, Plainview, NY, 11803. GOAT USA shall provide the name and address of the winner to any person upon request within sixty (60) days of GOAT USA’s receipt of the request. Winner List requests must be received no later than February 1, 2025. By entering the Sweepstakes, you agree to having your name and address provided to anyone who may properly request the winners list under this paragraph.
12. NAME REMOVAL: Participants may contact GOAT USA to request that their names and contact information be removed from future Sweepstakes mailings by sending a written request to GOAT USA, 135 Dupont Street, Plainview, NY, 11803. GOAT USA will remove such individual’s name and contact information from future Sweepstakes mailings within sixty (60) days of GOAT USA’s receipt of the removal request.
13. GOAT USA’S FINAL DISCRETION: To the extent not covered herein, GOAT USA reserves the right to make determinations in connection with this Sweepstakes subject to its sole discretion. If you have any questions, please feel free to contact GOAT USA at the address listed in Paragraph 11.