American Apparel® New York Festival Sweepstakes
Official Rules - USA
NO PURCHASE, ORDER OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE, ORDER OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. THE FOLLOWING SWEEPSTAKES IS OPEN TO LEGAL RESIDENTS OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING ALASKA, HAWAII, RHODE ISLAND, PUERTO RICO, GUAM, THE US VIRGIN ISLANDS AND OTHER UNITED STATES OVERSEAS TERRITORIES AND MILITARY INSTITUTIONS), WHO MEET THE ELIGIBILITY REQUIREMENTS (AS DEFINED BY THE RULES BELOW). VOID WHEREVER PROHIBITED OR RESTRICTED BY LAW. THE SUBMISSION OF AN ENTRY IN THIS SWEEPSTAKES CONSTITUTES UNCONDITIONAL ACCEPTANCE OF THESE OFFICIAL RULES AND THE INTENT TO BE LEGALLY BOUND HEREBY.
ENTRY PERIOD
The “American Apparel® New York Festival Sweepstakes” (the “Sweepstakes”) is sponsored by Gildan Activewear SRL (Gildan) (the "Sponsor") and will be construed according to U.S. law. The Sweepstakes is scheduled to begin on Monday, April 22, 2024 at 12:00 PM Pacific Time (“PT”) and end on Wednesday, May 22, 2024 at 11:59 PM PT (the "Entry Period"). The Sponsors’ computer, or that of its respective designee, runs the official clock for the Sweepstakes and will solely determine the time by which an entry is received. Entry into the Sweepstakes does not constitute entry into any other sweepstakes administered by the Sponsors.
ELIGIBILITY
The Sweepstakes is open to legal residents of the United States and the District of Columbia, prior to the Sweepstakes start date, and who will be twenty-one (21) years of age or older as of Monday, April 22, 2024 (herein known as an “Participant”). Void in Alaska, Hawaii, Rhode Island, Puerto Rico, Guam, the US Virgin Islands and other United States overseas territories and military institutions, and wherever prohibited or restricted by law. The following classes of persons are not eligible to enter, participate or win this Sweepstakes: (i) employees, officers, and directors of the Sponsors, Live Nation Worldwide, Inc. (“Live Nation”) and its affiliates, Founders Entertainment, LLC and its landlords or licensors (related to the Festival), if any, C3 Presents, LLC, CF Hospitality, L.L.C., Sterling Mets, L.P., Sterling Mets Front Office, L.LC., Sterling Mets Operations, L.L.C., Queens Ballpark Company, L.L.C., the City of New York, the New York City Department of Parks and Recreation, the New York City Economic Development Corporation and the New York City Industrial Development Agency, and each of their respective owners, parents, partners, divisions, subsidiaries, representatives, shareholders, officers, directors, members, managers, agents, employees, affiliates (whether direct or indirect), successors, and assigns (collectively “Governors Ball Festival”);, and each of their respective franchisees, parent companies, affiliated companies, subsidiaries, shareholders, officers, directors, members, managers, agents, affiliates, and employees, distributors, retailers, printers, prize providers, advertising and promotion agencies, and any and all other companies associated with the design or execution of this Sweepstakes (collectively the “Released Parties”) (ii) the members of the immediate families or households of any of the above, whether or not related, (“Immediate family members”). “Immediate family members” includes, for purposes of this Sweepstakes, parents (including in-laws), grandparents, siblings (including step-siblings), children (including step-children), grand children (including step grandchildren) and each of their respective spouses. The Sweepstakes is open to the general public and is subject to all applicable federal, state and local laws and regulations.
AGREEMENT TO THE OFFICIAL RULES
By participating in this Sweepstakes, each Participant and any other person submitting an entry, whether eligible or not, fully and unconditionally accepts and agrees to comply with and abide by these Official Rules and all decisions of the Sponsors, which shall be final and binding. Each Participant understands that they are providing their information to the Sponsors and not to any social media organization through which this Sweepstakes may be advertised. The information provided will be used in accordance with the Sponsor’s Privacy Policy (available at https://www.americanapparel.com/us/en/privacy-and-confidentiality). The Official Rules prevail should there be any conflict or uncertainty relating to the Sweepstakes based on promotional materials and information or advice provided by any of the Released Parties.
HOW TO ENTER
NO PURCHASE, ORDER OR PAYMENT NECESSARY TO ENTER OR WIN. To enter, go to https://americanapparel.com/ (the “Website”) anytime during the Entry Period, click on the Sweepstakes banner which will direct you to the landing page and the official Entry Form. Complete the Entry Form as instructed, then click the “Submit” button. By clicking “Submit”, Participant will receive one (1) entry into the Sweepstakes (an “Entry”). As part of the entry process, Participants will be required to indicate that they have read, accept, and agree to be bound by these Official Rules. Only fully completed Entries submitted as noted above are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.
ENTRY LIMITATIONS
There is a limit of one (1) Entry per person during the Entry Period. If more than one (1) Entry is received from the same person, only the first Entry received will be accepted and all others will be void. Any attempt by any Participant to obtain more than the stated number of entries allowed by using multiple/different identities, or any other methods, will void such Participant’s Entries and such Participant may no longer be eligible to win the Sweepstakes. No mechanically reproduced or automated entries permitted. Use of any automated system to participate is prohibited and will result in disqualification and all such entries will be deemed void.
Sponsors are not responsible for entries that are lost, late, misdirected, illegible, incomplete, invalid, unintelligible, damaged, or for entries submitted in a manner that is not expressly allowed under these rules, or for any entry not submitted or received or lost due to any technical error or failure, human or programming error, unauthorized human intervention, inaccurate capture or mis-entry of any required information, or the failure to capture any such information or effects of hackers or failure of any electronic equipment, computer transmissions and/or network connections or for problems of any kind, whether mechanical, human or electronic; all of which will be disqualified. All Entries become the sole property of the Sponsors and will not be returned.
PRIZE DRAWING, PRIZE DESCRIPTION AND ODDS OF WINNING
On or about May 23, 2024, a random drawing will be conducted from among all eligible Entries received and one (1) randomly-drawn individual (the “Winner “) among the Participant who are eligible to enter, participate and win this Sweepstakes and who otherwise comply with these Official Rules shall be selected under the supervision of the Sponsors, whose decisions are final and binding in all matters relating to this Sweepstakes.
The Sweepstakes shall award one (1) Prize consisting of a three day/four night trip for two (2) (Winner and 1 guest) to the Governors Ball® Music Festival (“Festival”) to be held at Flushing Meadows Corona Park, New York, NY and scheduled to take place from June 7 through June 9, 2024 (the “Grand Prize” or “Prize”). The Prize will include: (a) two (2) 3-day Festival tickets, (b) roundtrip economy air transportation for both the Winner and their guest, (c) ground transportation to and from airport/hotel/airport while in New York, NY; and (d) hotel accommodations (one-room, double occupancy) for four (4) nights. Selection of airline and hotel, and any seat and/or room assignments are at the discretion of Live Nation, airline and/or hotel personnel. All other expenses not specifically mentioned herein are solely the winner’s responsibility. Live Nation reserves the right to provide ground transportation in lieu of air transportation if the winner resides within two hundred (200) miles from Festival venue. Ticket delivery method is at sole discretion of Live Nation which will be either sent to winner by mail, email, mobile ticketing or placed at venue Will Call the day of concert under the winner’s name. Winner must be present to pick up tickets and a valid photo ID will be required if tickets are placed at Will Call. Winner and guest must be at least twenty-one (21) years of age and must abide by all venue and Festival policies, to include but not limited to, showing a valid photo ID at venue for age verification and/or identification purposes if requested. Live Nation reserves the right to revoke full or partial prize from any winner or winner’s guest who it or venue/Festival personnel deem may, in its sole discretion, be intoxicated, be a safety risk, have violated any venue/Festival policy or law, or may bring Live Nation into disrepute. Winner will be required to provide a credit card to hotel to cover incidentals which are not included in prize package. Travel must take place on the day prior to the Festival and return the day following the Festival; no alternate travel dates are available. If winner is unable or unwilling to travel on the dates specified, the prize will be forfeited and may be awarded to an alternate winner. All travel is subject to availability and restrictions. Winner and travel guest must travel on same itinerary. If winner is a minor in his/her state of residence, the travel guest must be winner’s parent or legal guardian. A minor may accompany winner as a travel guest only if the winner is the minor’s parent or legal guardian. Minors must be accompanied at all times during trip (including, but not limited to, in-flight, hotel stay and all prize-related events) by minor’s parent or legal guardian. Winner and travel guest must sign and return a travel release before any ticketing of travel occurs. Winner and guest must have all necessary identification and/or travel documents (e.g., a valid U.S. government issued passport, or a valid state-issued driver’s license or Real ID-compliant license or ID, as applicable) required for travel. Winner and guest must comply with all airline, CDC regulations, and local government laws, rules and requirements, which may include, without limitation, wearing masks, proof of vaccination status, proof of negative Covid-19 test administered by an approved facility, and possible quarantine. Live Nation shall not be liable for additional costs or expenses due to any quarantine requirements, including the cost of changing any travel or hotel arrangements, which shall be the sole responsibility of winner. Winner understands that there are inherent risks involved in travel and that these risks may be present before, during and after the trip. Live Nation is not responsible for changes in schedule of any element of the prize or for any expenses incurred as a consequence of flight cancellation or delay. Live Nation is not responsible and will have no liability if winner and/or guest is for any reason not permitted to travel by the relevant airport authorities or misses a flight or other travel element. Any unclaimed and/or unused prize element will remain the property of Live Nation. Resale of Festival tickets is prohibited. By claiming Festival tickets, you agree to Front Gate’s Terms of Use and agree to abide by the health and safety measures in effect at the time of your event, which may include, but not be limited to, wearing masks, providing proof of vaccination status and/or providing proof of negative COVID-19 status. Approximate Retail Value (“ARV”) of the Grand Prize is $4,500. The Grand Prize Winner is subject to verification by Sponsor or its designee, and prize restrictions as detailed below.
The odds of winning the Grand Prize, is dependent upon the total number of eligible Entries received during the Entry Period.
NOTIFICATION OF POTENTIAL WINNER
The potential Grand Prize winner will be notified by phone on/or about May 23, 2024 by the Sponsors or their designee. The potential winner must respond to claim the prize, within twenty-four (24) hours from the date/time the notification is sent by the Sponsors. Failure to contact the Sponsors within that 24-hour period will result in immediate disqualification of the selected Participant and a new potential Grand Prize winner will be selected. The Sponsors are not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify a potential winner. Sponsors shall have no obligation to make more than one (1) attempt to notify a Participant that he or she has been selected as a potential winner.
Winner’s guest must be twenty-one (21) years of age or older at time of travel. Potential winner will be required to complete, sign and properly execute an Affidavit of Eligibility and Liability/Publicity Release, Travel Releases (for winner and their guest), and a W9 Form (collectively the “Prize Claim Documents”), and return all Prize Claim Documents by mail within two (2) calendar days, as requested. If the potential Prize winner does not return the required Prize Claim Documents within the stated timeframe, or if the Prize or prize notification is unclaimed or returned as undeliverable, the winner will be disqualified and an alternate winner will be selected in a random drawing from among all remaining eligible Entries received, time permitting.
PRIZE RESTRICTIONS
No substitutions, cash equivalents, or transfer of prize permitted except at the sole discretion of the Sponsor, who reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value, except as otherwise provided herein. Prizes may not be sold, bartered or exchanged by Winner. Only one (1) Prize will be awarded in this Sweepstakes. Sponsor makes no warranties, and hereby disclaims any and all warranties, expressed or implied, concerning any part of the prize furnished by third parties in connection with the Sweepstakes. At Sponsor’s sole discretion, Prize may vary to what has been advertised, pictured, etc. All details of the prize not specified herein shall be determined solely by Sponsor and Live Nation. Released Parties are not responsible for lost or stolen vouchers or tickets or vouchers or tickets not redeemed/used on dates specified thereon. Lost, stolen or expired tickets or vouchers will not be replaced. Certain blackout dates and restrictions may apply.
Trip components are subject to change without notice. Travel and lodging are subject to availability, certain restrictions, blackout dates and Sponsors’ approval apply. A deposit or payment in advance, or presentation of a credit card by the Grand Prize winner, may be required at the time of check-in at the hotel. Any hotel cancellations or changes to hotel reservations after confirmation must be made with the hotel directly, and the Grand Prize winner is solely responsible for any charges and/or fees arising from changes made directly with the hotel. All expenses and incidentals not specifically mentioned herein, are not included as part of any Grand Prize package, and are solely the Grand Prize Winner’s responsibility, including, but not limited to: (Winner’s home/airport/Winner’s home) ground transportation, travel insurance, room service, bag check fees, parking fees, laundry service, food, beverages, merchandise, souvenirs, telephone calls, internet access fees, tips, gratuities, taxes, and service charges as well as all other personal expenses. The winner is solely responsible for use of their prize and the prize of their guest. Sponsors reserve the right to remove or to deny entry of any Grand Prize winner and/or Grand Prize winner's guest who engages in a disorderly or disruptive manner (as determined by Sponsors in their sole discretion), or with intent to annoy, abuse, threaten or harass any other person at any event while on trip. Further, if any such actions occur, Sponsors reserve the right to terminate the trip early for the Grand Prize winner and/or guest and send the Grand Prize Winner and/or his or her guest home with no further compensation. The Grand Prize will be forfeited if: (1) Grand Prize winner is not available to travel on the dates specified by Sponsors or (2) proper travel documents (e.g. photo ID, passport, etc.) are not obtained by the Grand Prize winner by the date specified by Sponsors. Guest traveling with the Grand Prize winner must be at the time of Grand Prize fulfillment, at least twenty-one (21) years of age, (and must sign and return a travel release to administrator prior to travel). Grand Prize Winner and Grand Prize Winner’s guest are solely responsible for obtaining any travel insurance (and all other forms of insurance) that they wish to obtain at their own expense and hereby acknowledge that Sponsors have not and will not obtain or provide travel insurance or any other form of insurance. If the Grand Prize winner lives within 100 miles of destination city, ground transportation will be provided in lieu of air transportation and lodging and no additional compensation will be provided. Grand Prize winner is bound by the terms and conditions of all airlines, hotels and other third-party service providers used in connection with the Grand Prize. Sponsors are not responsible if tickets or other booking or travel information are lost, stolen, or misplaced or if any booked transportation is missed for any reason by the Grand Prize Winner or their guest and none will be replaced. All other expenses not stated herein as part of the Grand Prize are the Grand Prize Winner’s sole responsibility. Exact dates and locations are subject to change and are at the sole discretion of Sponsors.
The Grand Prize Winner and his or her guest must travel together on the same itinerary and possess all required travel documents (e.g., valid photo identification, valid passport, etc.). Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. The Grand Prize Winner will not receive cash or any other form of compensation if actual travel costs are less than the estimate made in these Official Rules.
Sponsors shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations necessitated by same. No refund or compensation will be made in the event of the cancellation or delay of any flight except at the sole discretion of the Sponsors.
In the event that any part of the trip or any of the events associated with the trip are unable to take place as planned for reasons including, but not limited to, scheduling conflicts, cancellations, postponements, delays, an event of force majeure (any acts of God, natural catastrophes, public enemies, war, acts of terrorism, civil commotion, riot, strikes or labor difficulties, lockout, judicial or government order, or other requirement of law, an unforeseeable health event (e.g. pandemic or epidemic) or national emergencies or any other cause beyond Sponsor’s reasonable control), or for any other reason whatsoever, then the remaining components of the prize constitute full satisfaction of Sponsor’s prize obligation to the Grand Prize winner, and no other additional compensation will be awarded.
Winner is responsible for any and all applicable fees, federal, state and local taxes, if any, and any other unspecified expenses associated with acceptance or use of prize. Winner is advised to seek independent counsel regarding the tax implications of accepting a prize. Sponsor and/or administrator will not enter into any correspondence, including, email, with non-winning entrants.
Prizes are non-assignable, non-substitutable and non-transferable without the prior written consent of the Sponsors, which consent may be withheld for any reason and in the Sponsor’s sole and absolute discretion. Sponsors reserve the right to substitute a prize of equal or greater value if an advertised prize becomes unavailable. All details of any prize not specified herein shall be determined solely by the Sponsors. The Official Rules prevail should there be any conflict or uncertainty relating to the Sweepstakes based on information or advice provided by any of the Released Parties.
PRIVACY: By entering the Sweepstakes, you grant the Sponsor permission to use your personal information in accordance with Sponsor’s privacy policy located at https://www.americanapparel.com/us/en/privacy-and-confidentiality. By participating in the Sweepstakes, Participants hereby acknowledge that they have read and accepted Sponsor’s privacy policy. Information collected from Participants (such as name, postal address and email address) is used only for the purpose to notify the Winner, and will not be re-used, sold or shared in any manner by Sponsor or any third parties unless Participant has opted-in to receive additional information and marketing or promotional material from Sponsor or a third party. By accepting a prize, Winner grants permission for the Sponsor to edit and use his/her name and likeness for advertising and publicity purposes worldwide and in all forms of media now known or hereafter devised in perpetuity without further compensation or authorization, unless prohibited by law.
DISPUTES AND GOVERNING LAW: This Sweepstakes is conducted in English (which will be given its everyday ordinary meaning), and Participants agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prizes awarded shall be resolved individually, without resorting to any form of class action, and exclusively by the appropriate New York State Court; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with Participating in the Sweepstakes, but in no event attorneys' fees. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsors’ in connection with the Sweepstakes, 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 .
Additional Rules & Restrictions
All Participants and their legally defined heirs, executors, administrators and successors (individually and collectively, the “Releasing Parties”), as a condition of participation in this Sweepstakes, agree to unconditionally and irrevocably here on out release, discharge, hold harmless and defend the Sponsors, and the Released Parties, from any liability, claims, litigation, losses, actions, or damages of any kind, whether actual, incidental or consequential, for injury (including but not limited to death), illness, damages, losses or expenses arising out of or relating to Participant’s participation in this Sweepstakes, or the acceptance, possession or use/misuse of any prize, or participation in prize-related activities.
By participating in this Sweepstakes, Releasing Parties further agree to abide by and be bound wholly by the Official Rules and waive any right to claim any ambiguity or error therein or in this Sweepstakes itself, and to be bound by the decisions of the Sponsor, which shall be final in all matters relating to this Sweepstakes. In the event a Participant wins a prize, and is later found to be in violation of these rules, he or she will be required to forfeit the prize or to reimburse Sponsor for the stated value of the prize if such violation is discovered after Winner has used the prize.
Released Parties will not be liable to Winner or any other person for failure to supply the prize or any part thereof by reason of any acts of God, any actions, regulations, orders, or requests by any governmental entity, equipment failure, terrorist acts, war, fire, unusually severe weather, embargo, labor dispute or strike, labor or material shortage, transportation interruption of any kind, or any other cause beyond Sponsor’s sole control.
Released Parties are not responsible for, and each Participant hereby releases any claims and all liability for (i) the inability of a Participant to complete or continue an entry due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond the Released Parties control, (ii) any technical difficulties or transmission errors; (iii) any delays, mis-delivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method; (iv) mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online Participant’s ability to participate in this Sweepstakes; (v) any injury or damage to Participant’s or any other person’s computer or mobile phone related to or resulting from participating in or downloading any information necessary to participate in the Sweepstakes; and (vi) other errors of any kind, whether computer, technical, typographical, printing, human or otherwise, relating to or in connection with this Sweepstakes, including, without limitations, errors which may occur in connection with the printing or advertising of this Sweepstakes, administration or execution of the Sweepstakes, the processing of entries or in the announcement of the Winner. Sponsors, in their sole discretion, reserve the right to disqualify any person tampering with the entry process or the operation of the Sweepstakes Website.
NOTWITHSTANDING ANY PROVISION OF THESE OFFICIAL RULES TO THE CONTRARY AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, UNDER NO CIRCUMSTANCES SHALL SPONSOR’S OR ANY RELEASED PARTIES’ LIABILITY TO PARTICIPANTS EXCEED $1.00. IN NO EVENT SHALL SPONSORS OR ANY RELEASED PARTIES BE LIABLE TO ANY PARTICIPANT FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY. EACH OF THE LIMITATIONS SET FORTH IN THIS PARAGRAPH SHALL APPLY EVEN IF SPONSORS HAVE BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO DISQUALIFY AND SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Disqualification / Sweepstakes Cancelation
Sponsors reserves the right to cancel, modify or terminate the Sweepstakes if fraud, misconduct or technical failures destroy or threaten the integrity of this portion of the Sweepstakes, in the opinion of the Sponsors, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper conduct of the Sweepstakes as determined by Sponsor, in their sole discretion. In the event of early termination of the Sweepstakes, Sponsors reserve the right to determine any eligible Winners from among all eligible, non-suspect Entries received as of the time/date of such termination.
If due to circumstances beyond the control of the Sponsors, any event associated with this Sweepstakes or the Prize is delayed, rescheduled, postponed or cancelled, Sponsors reserve the right, but not the obligation, to cancel or modify the Sweepstakes and shall not be required to award a substitute prize.
WHO WON?
The Winners’ list shall be made available after June 17, 2024. To obtain a copy of the list of Winners, send a self-addressed, stamped envelope to: 32024 American Apparel® New York Festival Sweepstakes Winner, c/o Gildan Activewear, Newton Christ Church BB17047 Barbados. All requests must be received by June 15, 2024.
COPYRIGHT AND TRADEMARK NOTICE
The Sweepstakes and all accompanying materials are copyright © 2024 Gildan Activewear SRL All rights reserved.
American Apparel® is a registered trademark owned by Gildan Activewear SRL.
Live Nation is a registered trademark of Live Nation Worldwide, Inc.
Live Nation and Governors Ball Festival are not Sponsors of the Sweepstakes and are in no way responsible for the administration of the Sweepstakes, the verification of winners or the fulfillment of prizing. All inquiries regarding the Sweepstakes should be directed to Sponsor.
The Governors Ball is a registered trademark of Founders Entertainment, LLC.