This sweepstakes (the “Sweepstakes”) may only be entered in accordance with these Official Rules (“Official Rules”) and in or from the 50 United States and the District of Columbia. Entries originating from any other jurisdiction are not eligible for entry. This Sweepstakes is governed exclusively by the laws of the United States. You are not authorized to participate in the Sweepstakes if you are not located within the 50 United States or the District of Columbia.
1. How to Enter; Selection of Winners. To enter the Sweepstakes, you must be following Flamingo’s Instagram account and TikTok account (located at https://www.instagram.com/meetflamingo/ and https://www.tiktok.com/@meetflamingo), like the giveaway post on Flamingo’s Instagram account, leave a comment describing your Valentine’s Day plans in the comments section of the giveaway post on Flamingo’s Instagram account, and enter your email into the form located at https://hi.shopflamingo.com/vday-giveaway. Five (5) entrants who satisfy the foregoing conditions will be randomly selected as the winners of the Sweepstakes. Limit one (1) entry per person. Receipt of entries will not be acknowledged. Delivery of the Prize (as defined below) requires a street address (no P.O. Boxes).
2. Start/End Dates. The Sweepstakes begins at 10:00 AM Pacific Standard Time on February 14, 2024 and ends at 11:59 PM Pacific Standard Time on February 18, 2024.
3. Eligibility. Participation is open only to legal residents of the United States or the District of Columbia, who are 13 or older as of the date of entry. Void outside of the 50 United States and the District of Columbia, and where prohibited, taxed or restricted by law. The Sweepstakes may only be entered in or from the 50 United States and the District of Columbia, and entries originating from any other jurisdiction are not eligible for entry. All federal, state and local laws and regulations apply.
4. Prize. The Sweepstakes will have five (5) winners. The winners will each receive one (1) Brooklinen Robe, one (1) Flamingo Dermaplane Razor - Refillable, one (1) Flamingo Body Hair Removal Cream, one (1) Flamingo Facial Hair Removal Cream, one (1) Flamingo Razor, one (1) Flamingo Tweezers, and one (1) Flamingo Foaming Shave Gel (collectively, the “Prize”). The total approximate retail value of the Prize is $150. The Prize is non-transferable. No substitutions or cash redemptions are permitted. In the case of unavailability of the Prize, Flamingo reserves the right to substitute a different prize. UNCLAIMED PRIZES WILL NOT BE AWARDED. All unspecified expenses are the responsibility of winner.
5. Notification. The winners will be notified via Instagram direct message (“Prize Notification”) on February 20, 2024 and may be required to sign and return, where legal, an Affidavit of Eligibility and Liability/Publicity Release within ten (10) calendar days of Prize Notification. If any winner is considered a minor in his/her jurisdiction of residence, a Liability/Publicity Release must be signed by his/her parent or legal guardian and the Prize will be delivered to such minor’s parent/legal guardian and awarded in the name of such parent/legal guardian. If any winner cannot be contacted within five (5) calendar days of Flamingo’s first Prize Notification attempt, if any Prize or Prize Notification is returned as undeliverable, if any winner rejects his/her Prize, or in the event of noncompliance with these Official Rules, the Prize will be forfeited and an alternate winner will be selected from all remaining eligible entries. Upon Prize forfeiture, no compensation will be given.
6. Conditions. All federal, state and local taxes are the sole responsibility of the applicable winner. Participation in the Sweepstakes and acceptance of the Prize constitutes the winner’s permission for Flamingo to use his/her name, address (city and state), likeness, photograph, picture and/or any statements made by such winner regarding the Sweepstakes or Flamingo for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. By participating, entrants and winners agree to release and hold harmless Flamingo, Brooklinen, Inc., Instagram, Inc., TikTok Inc., their respective advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, “Released Entities”), from any and all liability for loss, harm, damage, injury, cost or expense whatsoever, including, without limitation, property damage and/or personal injury which may occur in connection with participation in the Sweepstakes, or possession, acceptance and/or use or misuse of the Prize or participation in any Sweepstakes-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Flamingo is not responsible if the Sweepstakes cannot take place or if the Prize cannot be awarded due to delays or interruptions due to acts of God, acts of war, natural disasters, weather, acts of terrorism or other events or circumstances beyond Flamingo’s reasonable control. Entrants who do not comply with these Official Rules or who attempt to interfere with this Sweepstakes in any way shall be disqualified. There is no purchase or sales presentation required to participate. A purchase does not increase the odds of winning. The odds of winning will depend on the number of eligible entries received.
7. Additional Terms. In case of dispute as to the identity of any entrant, entry will be declared made by the Authorized Account Holder of the email address associated with the Instagram account that submitted the entry. “Authorized Account Holder” is defined as the natural person who is assigned an email address by an internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address. Any potential winner may be requested to provide Flamingo with proof that such winner is the Authorized Account Holder of the email address associated with the winning entry. Any other attempted form of entry is prohibited and no automatic, programmed, robotic or similar means of entry are permitted. Flamingo, its affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Sweepstakes, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes.
Flamingo reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Sweepstakes should (in its sole discretion) viruses, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Flamingo will select the winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Flamingo.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, FLAMINGO RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
8. Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO AND/OR PARTICIPATION IN THE SWEEPSTAKES. IN NO EVENT SHALL ANY OF THE RELEASED ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $10. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE 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. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
9. Disputes; Governing Law. You hereby waive all rights to trial in any action or proceeding instituted in connection with the Sweepstakes or these Official Rules. Any controversy or claim arising out of or relating to these Official Rules and/or the Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, City of New York.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Sweepstakes, you irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in the County of New York in the State of New York. You agree not to raise the defense of forum non conveniens.
10. Use of Data. Flamingo may collect personal data about entrants online, in accordance with its privacy policy. Please review Flamingo’s privacy policy at https://www.shopflamingo.com/en/us/privacy. By participating in the Sweepstakes, you hereby agree to Flamingo’s collection and usage of your personal information and acknowledge that you have read and accepted the terms of Flamingo’s Privacy Policy.
11. Flamingo’s Address. 75 Varick Street, 9th Floor, New York, New York 10013.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM, TIKTOK OR BROOKLINEN. YOU ARE PROVIDING YOUR INFORMATION TO FLAMINGO AND NOT TO INSTAGRAM, TIKTOK OR BROOKLINEN.
