OFFICIAL RULES

---INSTAGRAM CONTEST ONLY---

Somin Clothing(@soomin_clothing) starts 1/1/21

 

 

 

THESE OFFICIAL RULES CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST SPONSOR TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SPONSOR ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

While it involves interaction with social media platforms, this even is in no way endorsed, administered by, or associated with any social media platform. By entering the GIVEAWAY EVENT, you understand that you are providing your information to Sponsor OR ANY social media platforms.

1) GIVEAWAY PERIOD: Starts sep 16, 2021 and ends OCT 31, 2021 11:59 SGT.

2) DESCRIPTION: 1) Follow the SOOMIN CLOTHING Instagram accounts (@soomin_clothing)  2) Tag two friends Soomin Clothing will randomly select 1 winner from our Instagram account (@soomin_clothing) to receive 1 prize each.

3) BINDING AGREEMENT: In order to enter the GIVEAWAY EVENT, participants must agree to the Official Rules. Therefore, please read these Official Rules prior to entry to ensure you understand and agree. The GIVEAWAY EVENT  is subject to all applicable Singapore’s laws and regulations. Participation in the GIVEAWAY EVENT constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the GIVEAWAY EVENT. These Rules form a binding legal agreement between you and Soomin clothing with respect to the GIVEAWAY EVENT. GIVEAWAY EVENT is void where prohibited by law.

4) ELIGIBILITY: The GIVEAWAY EVENT is open only to persons who are at least eighteen (18) years of age. Employees, officers, directors and their immediate family members of soomin clothing are ineligible to enter. For purposes of this GIVEAWAY EVENT, "immediate family members" means parents, spouses, children, siblings, in-laws, grandparents as well as each of their spouses and household members, whether related or not.

5) HOW TO ENTER GUIDELINES:. You must have the Instagram Application in order to participate. Instagram is free to download. You must: 1) Follow the soomin clothing Instagram accounts (@soomin_clothing) and Like the Post in each account;

LIMIT: Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration or entry, the authorized account holder of the social media account used to register will be deemed to be the entrant. The "authorized account holder" of a social media account, is the natural person who registered for the profile. The potential winner may be required to show proof of being the authorized account holder, including but not limited to the proof issued by the social media platform.

6) PRIZE, WINNERS, AND ODDS: 1 winner will be randomly chosen from each Soomin Clothing Instagram accounts (@Soomin_Clothing and) to each receive a Prize. Prize is nontransferable. No cash alternative or prize substitutions allowed, except in Soomin Clothing’s sole discretion. Prize may not be sold, bartered, or exchanged by the winner. Any details of any prize not specified herein shall be determined solely by Soomin Clothing.

Winner is responsible for all federal, state and local taxes and fees associated with prize receipt and/or use. Prizes will be awarded "as is" with no warranty or guarantee, either express or implied offered by Sponsor.

Limit: one (1) Prize per winner.

7) SELECTION OF WINNERS & JUDGING CRITERIA: Three 1 winners will be chosen by random selection for the prize from soomin_clothing account.

will have complete discretion over interpretation of the Official Rules, of administration of the GIVEAWAY EVENT, and of selection of the winner. Decisions of the representative as to the administration of the GIVEAWAY EVENT, interpretation of the Official Rules, and the selection of the winners will be final.

 PUBLICITY; INTELLECTUAL PROPERTY: Participants, upon submission of their Entry to the GIVEAWAY EVENT, hereby irrevocably grant to soomin clothing, and each of their licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the entry submitted as part of the GIVEAWAY EVENT, and all images, text and materials depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, streaming media, film, television, videocassettes, print, interactive devices, mobile media, Internet and on-line systems, digital billboards), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it. Soomin Clothing, and each of their successors, assigns and licensees, will have the right to make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Soomin Clothing will have the right to use the entries submitted as part of the GIVEAWAY EVENT, and all images depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose.

Participants hereby forever waive and relinquish all so-called “moral rights” now or hereafter recognized in connection with entries submitted as part of the GIVEAWAY EVENT. It is your responsibility to ensure that your submitted images do not infringe or violate the intellectual property rights or other rights of any third party or any laws. Participants’ images must not contain brand names, copyrighted material or trademarks, other than those owned by you or Soomin Clothing. Participants agree that Soomin Clothing shall have the sole discretion in determining the extent and manner of use of entries and are not obligated to use any entry. Participants agree not to issue any publicity concerning Soomin Clothing. Participants agree that neither Soomin Clothing nor their agents shall be responsible for returning or preserving of the entries submitted. All entries that are posted on Soomin Clothing’s website, blog and social media may be available to be viewed by anyone with access to the Internet.

9) RELEASE OF LIABILITY: The winner of the GIVEAWAY EVENT may (in Soomin Clothing’s sole discretion) be required to execute an affidavit of eligibility/release of liability agreement (the "Acceptance Release") and return the Acceptance Release before the winner is announced. If any potential prize winner fails or refuses to sign and return such Acceptance Release within 48 hours of the first notification attempt, such potential winner (in Soomin Clothing’s sole discretion) may be disqualified and an alternate may (in Soomin Clothing’s sole discretion) be selected. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, he or she may be disqualified in Soomin Clothing’s sole discretion, and an alternate potential winner may then, in Soomin Clothing’s sole discretion, be selected by the representative. The Winner’s Acceptance Release is subject to verification by Soomin Clothing.

Soomin Clothing is not responsible for and shall not be liable for late, lost, damaged, intercepted misdirected, or unsuccessful efforts to notify the potential winners, or if potential winner is a minor, for late, lost,

misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent. When a potential winner is contacted, he/she will have 48 hours in which to respond to the notification, or he/she will be disqualified and an alternate potential winner may be selected. Soomin Clothing will not be responsible if a potential winner changes his/her e-mail address or other contact information after he/she registers for the GIVEAWAY EVENT , it is his/her sole responsibility to update his/her registration information notifying Soomin Clothing. Failure to update such registration information may affect a potential winner’s ability to receive the proper notification and be able to respond in time.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” You expressly waive and release any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California, to the full extent that you may waive all such rights and benefits pertaining to the matters released here. In connection with such waiver and relinquishment, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein; nevertheless, it is your intention through this release to fully and finally and forever settle and release all such matters and claims relative thereto, which do not exist, may exist or heretofore have existed between yourself and the Sponsor related to the Promotion. The release herein given shall be and remain in effect as a full and complete release of such claims and matters notwithstanding the discovery or existence of any such additional or different claims or facts relative thereto.

10) RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY: By participating in the GIVEAWAY EVENT, participant agrees to a) abide by the Official Rules and the decisions of Soomin Clothing, which shall be final in all respects; b) release, discharge and hold harmless Soomin Clothing and their respective parent company(ies), subsidiaries, affiliates, agents, licensees, directors, officers and employees, suppliers, advertising and promotion agencies, legal and financial advisors (collectively "Releasees"), from all liability, claims or damages including injury or death, arising out of their participation in the GIVEAWAY EVENT and the acceptance, use or misuse of a prize. Subject to applicable law, winner irrevocably grants Soomin Clothing and their designees the right and permission to use of their name, voice, likeness, and/or biographical information for advertising, promotion and publicity purposes without further compensation, and upon request will provide consent in writing to such use. Releasees are not responsible for and shall have no liability for printing or typographical errors in any GIVEAWAY EVENT -related material; or for any stolen, late, lost, illegible, incomplete or misdirected entries; or for entries that are lost due to computer or electronic malfunction; or for any technical or human error which may occur in the processing of submissions, which may limit a participant’s ability to participate in the promotion. If for any reason GIVEAWAY EVENT cannot be conducted as planned by reason of causes beyond the control of Soomin Clothing, which, in the sole opinion of Soomin Clothing, corrupt or affect the administration, security, fairness, integrity or proper conduct of GIVEAWAY EVENT, Soomin Clothing reserves the right in its sole discretion to cancel, terminate, modify or suspend GIVEAWAY EVENT , and/or may conduct GIVEAWAY EVENT and select the winner from among all entries received

prior to the action taken. Further, Soomin Clothing reserves the right to cancel or suspend this GIVEAWAY EVENT, and cancel or refuse any entry or any individual winning the GIVEAWAY EVENT. In the event Soomin Clothing is prevented from continuing with the GIVEAWAY EVENT by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the GIVEAWAY EVENT by any party, or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Soomin Clothing control (each a “Force Majeure” event or occurrence) Soomin Clothing shall have the right to modify, suspend or terminate the GIVEAWAY EVENT . Soomin Clothing reserves the right to amend these Official Rules at its sole discretion at any time and will use reasonable endeavors to notify material changes to participants and potential participants. In the event the GIVEAWAY EVENT is terminated prior to the stated end date, Soomin Clothing reserves the right but has no obligation to award the prizes.

11) ARBITRATION AGREEMENT; DISPUTE RESOLUTION BY BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS

Any and all disputes, claims and causes of action arising out of, or connected with GIVEAWAY EVENT, shall be resolved individually exclusively through final and binding arbitration, without resort to any form of class action or litigation in court. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules and as long as such matter is only pending in that court. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the GIVEAWAY EVENT, but in no event attorney's fees. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Soomin Clothing or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

YOU MAY OPT OUT OF THIS AGREEMENT TO ARBITRATE.

You must include your name and residence address, the email address you use for your Soomin Clothing account (if any), and a clear statement that you want to opt out of this arbitration agreement.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Soomin Clothing.

12) Governing Law and Venue: The GIVEAWAY EVENT and these Official Rules shall be construed and governed in accordance with the laws of the State of California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of participants, Soomin Clothing, or the Released Parties in connection with the GIVEAWAY EVENT will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.

Soomin Clothing is not responsible for the actions of participants in connection with the GIVEAWAY EVENT, including participants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the GIVEAWAY EVENT. Persons found tampering with or abusing any aspect of this GIVEAWAY EVENT, or whom Soomin Clothing believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the GIVEAWAY EVENT, as determined at the sole discretion of Soomin Clothing, may result in immediate disqualification of the participant, as well as other possible consequences, including disqualification from any and all existing and future GIVEAWAY EVENT. CAUTION: Any attempt by a participant to undermine the legitimate operation of GIVEAWAY EVENT may be in violation of criminal and civil laws and should such an attempt be made, Soomin Clothing reserves the right to seek remedies and damages (including attorney's fees) from any such participant to the fullest extent of the law, including criminal prosecution. Soomin Clothing reserves the right, at their sole and absolute discretion, to disqualify any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.

13) SPONSOR: soominclothing

14) WHO WON? The name of the winner please reference Instagram  posted on each Soomin Clothing Instagram channels @Soomin Clothing and @Soomin Clothingplus after 24 hours following the GIVEAWAY EVENT Period.

15) PRIVACY: Sponsor may use any of the participant’s personal information submitted in connection with this GIVEAWAY EVENT per the terms of the privacy policy located at the bottom of the page at www.soominclothing

 

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