Hibbett | City Gear “A Shoe-tember to Remember!” Promotion
Official Rules
The Hibbett | City Gear “A Shoe-tember to Remember!” Promotion (the “Promotion”) is sponsored by Hibbett Retail, Inc., located at 2700 Milan Court, Birmingham, Alabama 35211, and City Gear, LLC, also located at 2700 Milan Court, Birmingham, Alabama 35211 (together, “Sponsor”). The Promotion is governed by these Official Rules. By participating in the Promotion, each entrant agrees to these Official Rules, including all eligibility requirements, and understands that the results of the Promotion are final in all respects. The Promotion is subject to all federal, state and local laws and regulations and is void where prohibited by law. ODDS OF WINNING DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES AND VOTES RECEIVED. No purchase necessary to enter or win. A purchase will not increase your chances of winning. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH META, FACEBOOK, OR INSTAGRAM, INC. (“INSTAGRAM”).
ELIGIBILITY: The Promotion is only open to legal U.S. residents (excluding residents of New York, Florida, Rhode Island and Puerto Rico) who are 18 years of age or older at the time of entry. Employees, officers and directors of Sponsor, and its respective parent, affiliate and subsidiary companies, consultants, agents and suppliers, as well as their respective immediate families and persons living in the same household as such individuals, are not eligible to enter or win. Sponsor reserves the right to verify the eligibility of each potential winner. For the avoidance of doubt, the Promotion is open to individuals only. Groups are not eligible to participate.
PROMOTION PERIOD: The Promotion Period begins on September 1, 2022, at 9:00 AM CST and ends on October 1, 2022, at 11:59 PM CST.
ENTRY: There are two ways to enter the Promotion: (1) Follow @hibbettsports or @citygear on Instagram, comment upon the Promotion post by naming your favorite Nike shoe, and tag one (1) friend (“Entry”), and (2) Free alternate means of entry: Legibly hand print on a postcard your complete name, street address (no P.O. Boxes, please), city, state, zip code, daytime phone number, age and email address (if available), and mail it to: Hibbett Retail, Inc. & City Gear, LLC, 2700 Milan Court, Birmingham, AL 35211, ATTN: Legal Department, RE: Hibbett | City Gear, “A Shoe-tember to Remember!” Promotion (also an “Entry”).
Posting on Instagram requires a mobile device and therefore message and data rates may apply. If entering via a mobile device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply.
Your comment on the Promotion post need not include any reference, positive or negative, to Sponsor or any products sold by Sponsor. Referencing a product in your comment on the Promotion post (other than your favorite Nike shoe) will not improve your chances of winning.
Entry into this Promotion does not constitute entry into any other promotion. You can enter the Promotion only once; additional entries will be disregarded. Automated or robotic Entries submitted by individuals or organizations will be disqualified. All entries must be received by the Drawing in order to participate. All Entries become the exclusive property of Sponsor. Receipt of an Entry will not be acknowledged, nor will proof of submission of an Entry be deemed proof of receipt by Sponsor. Sponsor has no obligation to advise an entrant of an incomplete or otherwise non-compliant Entry. Sponsor is not responsible for lost, late, incomplete, invalid, or misdirected Entries, which will be disqualified. Entries must be received prior to the Drawing (as defined below) to be eligible. You may submit multiple entries.
WINNER SELECTION: On October 15, 2022, one (1) potential Prize winner will be selected from among all Entries received. Each potential Prize winner is subject to verification by Sponsor. Drawing will be conducted by Sponsor at its corporate office.
WINNER NOTIFICATION AND QUALIFICATION: Sponsor will attempt to contact the potential Prize winner by email, text message direct message, or telephone call on or about October 15, 2022, requesting that the potential Prize winner email [email protected] within forty-eight (48) hours to claim their prize. If a potential Prize winner cannot be contacted for any reason within forty-eight (48) hours of Sponsor’s initial notification attempt, that potential Prize winner may be disqualified and an alternate winner will then be selected via another random selection from among all eligible entries received (“Alternative Drawing”). Return of any Prize/Prize notification as undeliverable, including failure to respond within forty-eight (48) hours of the delivery of such notification by Sponsor, may result in disqualification. Each potential Prize winner will be required to return an Affidavit of Eligibility, Publicity Release and Prize Acceptance (“Affidavit”) and must agree to accept the Prize within three (3) days of first attempted notification. The Affidavit must be fully completed and returned to Sponsor prior to receipt of a Prize. The potential Prize winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential Prize winner is disqualified for any reason, Sponsor reserves the right, in its sole discretion, to conduct another random drawing of all eligible Entries. Prize winner is solely responsible for any tax liability associated with their Prize.
Prize: The Prize includes twelve (12) Hibbett Gift Cards, each in the amount of Two Hundred Fifty and 00/100 Dollars ($250.00) (one gift card sent to the winner each month), with a total (Approximate Retail Value (“ARV”) value of Three Thousand and 00/100 Dollars ($3,000.00).
Prize Winner agrees that Prize Winner is solely responsible for any tax liability associated therewith. Sponsor shall issue one or more Internal Revenue Service Form 1099’s reporting to the Internal Revenue Service Prize winner has received items with the values listed above.
Prize Winner agrees that they are solely responsible for any tax liability associated therewith.
ADDITIONAL LIMITATIONS: Prizes are non-transferable, except as permitted by Sponsor. Prizes cannot be used in conjunction with any other promotion or offer. No substitution or cash equivalent of any prize is permitted; however, Sponsor reserves the right to substitute prizes with another of equal or greater value. Winner is not entitled to the difference between the approximate retail value and the actual value of the any Prize. Sponsor is not responsible for any typographical or other errors in the offer or administration of the Promotion, including, but not limited to, errors in the printing or posting of the offer or official rules, the selection and announcement of the winner, or the distribution of any prize. Any attempt to damage the content or operation of the Promotion is unlawful and subject to legal action by Sponsor or its agents. Sponsor reserves the right to terminate, withdraw or amend the Promotion or disqualify any entry for any reason and without notice including, without limitation, if Sponsor suspects tampering has occurred, voiding the entries at issue or terminating the Promotion and selecting winners from among that portion of the Promotion that has not been compromised, if any. Sponsor will not replace any lost or stolen prize items. By entering this Promotion, entrants agree the Promotion is governed by the laws of Alabama, without giving effect to its conflicts of laws rules.
INDEMNIFICATION AND LIMITATION OF LIABILITY: BY ENTERING THE PROMOTION, EACH ENTRANT AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS HIBBETT RETAIL, INC., CITY GEAR, LLC, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM ANY LIABILITY, DAMAGES, LOSSES OR INJURY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ENTRANT’S PARTICIPATION IN THE PROMOTION AND THE ACCEPTANCE OF ANY PRIZE THAT MAY BE WON. SPONSOR DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF ANY OF THE PRIZE. EACH WINNER AGREES TO EXECUTE ANY DOCUMENT CONTAINING THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES.
PUBLICITY: By submitting an Entry, the winner grants Sponsor and those acting under their authority permission to use his or her name, likeness, or comments for advertising and publicity purposes without payment of additional consideration, except where prohibited by law. Each entrant acknowledges and agrees that each potential Prize winner may be announced and each entrant expressly consents to the use of his or her name for that purpose.
WHO WON: To find out the name of the winners, please send a self-addressed stamped envelope on or before November 30, 2023, to Hibbett Retail, Inc. and City Gear, LLC, 2700 Milan Court, Birmingham, Alabama, 35211, Attention: Legal Department – Hibbett | City Gear “A Shoe-tember to Remember!” Promotion.
ARBITRATION & CLASS ACTION WAIVER: As a condition of participating in this Promotion, Participant agrees to waive his or her right to trial by jury or file any action relating hereto in State of Federal Court. Participant further agrees that any and all disputes which cannot be resolved between the parties and any causes of action arising out of or connected with the Promotion shall be resolved individually, without resort to any form of class action. Additionally, Participant agrees that any and all such disputes shall be brought exclusively in arbitration before the American Arbitration Association in Birmingham, Alabama pursuant to the applicable rules of the American Arbitration Association, which arbitrator(s) shall apply the laws of the state of Alabama without regard for rules of conflicts of law. In any such dispute, Participant shall, under no circumstances, be entitled to claim punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, other than Participant’s actual out-of-pocket expenses (if any) associated with participating in the Promotion, and Participant hereby waives all rights to have damages multiplied or increased.
PRIVACY: By participating in this Promotion, Participant acknowledges and agrees that Sponsor may collect personal information submitted by Participant and use the information pursuant to its privacy policy available at www.hibbett.com. Without limiting the foregoing, Participant agrees that Sponsor may send marketing emails to Participant at the email address entered by Entrant in completing an Entry in the Promotion.
