“American Apparel® 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 GIVEAWAY IS OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA, WHO MEET THE ELIGIBILITY REQUIREMENTS (AS DEFINED BY THE RULES BELOW). VOID IN ALASKA, HAWAII AND WHERE PROHIBITED OR RESTRICTED BY LAW. THE SUBMISSION OF AN ENTRY IN THIS GIVEAWAY CONSTITUTES UNCONDITIONAL ACCEPTANCE OF THESE OFFICIAL RULES AND THE INTENT TO BE LEGALLY BOUND HEREBY.
The “American Apparel® Festival Sweepstakes” (the “Sweepstakes” or “Giveaway”) is sponsored by Gildan Activewear SRL (the "Sponsor"), and will be construed according to U.S. law. The Giveaway is scheduled to begin on Monday, February 17, 2020 at 12:00 AM Eastern Time (“ET”) and end on Friday, March 20, 2020 at 11:59 PM ET (the "Entry Period"). The Sponsor’s computer, or that of its 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 giveaway or sweepstakes administered by the Sponsors.
The Giveaway is open to legal residents of the 50 United States (excluding Alaska, Hawaii, Puerto Rico, Guam, the US Virgin Islands and other United States overseas territories and military institutions) and the District of Columbia, and are eighteen (18) years of age or older as of Monday, February 17, 2020 (herein known as an “Eligible Participant”). Employees, officers, and directors of the Sponsors, Tortuga Music Festival and each of their respective franchisees, affiliated companies, subsidiaries, distributors, retailers, printers, prize providers, advertising and promotion agencies, and any and all other companies associated with the design or execution of this promotion (collectively the “Released Parties”) and the members of the immediate families or households of any of the above, whether or not related. “Immediate family members” includes, for purposes of this promotion, parents (including in- laws), grandparents, siblings (including step-siblings), children (including step-children), grand children (including step grandchildren) and each of their respective spouses; individuals who do not have access to an internet connection in order to visit the Giveaway website are not eligible to enter, participate or win. The Giveaway is not open to the general public and is subject to all applicable federal, state and local laws and regulations. Void where prohibited or restricted by law.
AGREEMENT TO THE OFFICIAL RULES
HOW TO ENTER
NO PURCHASE, ORDER OR PAYMENT NECESSARY TO ENTER OR WIN. To enter, go to https://www.americanapparel.com/en/aboutus/privacypolicy.jsp. (the “Website”) anytime during the Promotion Period, click on the Giveaway 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, entrant will receive one (1) Entry into the Giveaway (an “Entry”). As part of the entry process, entrants 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 Sponsors.
There is a limit of one (1) Entry per person during the Promotion 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 void that Participant’s entries and that Participant may be disqualified. 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 March 27, 2020, a random drawing will be conducted from among all eligible entries received under the supervision of the Sponsors, whose decisions are final and binding in all matters relating to this Giveaway.
The Giveaway shall award one (1) Grand Prize consisting of a 4day/3 night trip for two (winner and 1 guest) to Tortuga® Music Festival to be held in Ft. Lauderdale, FL from Friday, April 17, 2020 to Sunday, April 19, 2020 (the “Grand Prize” or “Prize”). The Prize will include: (a) two (2) 3-day VIP Festival tickets for winner and one (1) guest, (b) roundtrip coach air transportation, (c) ground transportation to and from airport/hotel/airport while in FL; and (d) four (4) nights hotel accommodations (one-room double occupancy). Tickets are subject to availability, venue capacity, age and artist restrictions. Winner and guest must abide by all venue and festival policies. 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 or Festival into disrepute. Resale of tickets is prohibited. Approximate Retail Value (“ARV”) of the Grand Prize is $5,000. The Grand Prize is subject to verification by Sponsors or their 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 March 27, 2020 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 18 years of age or older at time of travel unless guest is a child or legal ward of the winner. 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, he/she will be disqualified and an alternate winner will be selected in a random drawing from among all remaining eligible entries received, time permitting.
No substitutions, cash equivalents, or transfer of prize permitted except at the sole discretion of the Sponsors, who reserve the right to substitute a prize (or portion thereof) with one of comparable or greater value, except as otherwise provided herein. Prize may not be sold, bartered or exchanged by winner. Only one (1) Prize will be awarded in this Giveaway. 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 Giveaway. 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. Sponsors 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 Sponsor’s 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 travel companion 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 a Grand Prize winner by the date specified by Sponsors. Guest traveling with the Grand Prize winner must be at time of Grand Prize fulfillment, the age of majority in his/her state of residence (and must sign and return a travel release to Promotion Administrator prior to travel) unless they are the child of the Grand Prize winner, in which case the parent or legal guardian of such minor travel companion must sign and return a release on their behalf. 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, etc. 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 travel companion 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, 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 promotion based on information or advice provided by any of the Released Entities.
DISPUTES AND GOVERNING LAW: This Promotion is conducted in English (which will be given its everyday ordinary meaning), and Entrant agrees that: (a) this Promotion is fully performable in Dallas County, Texas ; (b) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prizes awarded shall be resolved individually, without resorting to any form of class action, and exclusively by the State and Federal Courts located in Dallas County, Texas ; and (c) all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor’s in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules.
Additional Rules & Restrictions
All Participants and their legally defied heirs, executors, administrators and successors (individually and collectively, the “Releasing Parties”), as a condition of participation in this Giveaway, agree to unconditionally and irrevocably here on out release, discharge, hold harmless and defend the Sponsors, Live Nation Worldwide, Inc., (“Live Nation”) TMF2013, LLC (“TMF”), 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 Giveaway, or the acceptance, possession or use/misuse of any prize, or participation in prize-related activities as well as claims/actions based on publicity rights, defamation, and/or invasion of privacy that may arise from participating in this sweepstakes or its related activities.
By participating in this Giveaway, 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 Giveaway itself, and to be bound by the decisions of the Sponsor, which shall be final in all matters relating to this Giveaway. 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.
Sponsor, Live Nation, or TMF 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, Live Nation and TMF 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 Giveaway; (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 Giveaway; and (vi) other errors of any kind, whether computer, technical, typographical, printing, human or otherwise, relating to or in connection with this Giveaway, including, without limitations, errors which may occur in connection with the printing or advertising of this Giveaway, administration or execution of The Giveaway, the processing of entries or in the announcement of the Winner. Sponsor, in its sole discretion, reserve the right to disqualify any person tampering with the entry process or the operation of The Giveaway website.
NOTWITHSTANDING ANY PROVISION OF THESE OFFICIAL RULES TO THE CONTRARY AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, UNDER NO CIRCUMSTANCES SHALL SPONSOR OR ANY RELEASED PARTIES’ LIABABILITY TO PARTICIPANTS EXCEED $1.00. IN NO EVENT SHALL SPONSOR OR ANY RELEASED PARTICES’ BE LIABLE TO ANY PARTICIPANT FOR ANY DAMAGES SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, INCLUDING ATTORNEY FEES AND COSTS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY. EACH OF THE LIMITATIONS SET FORTH IN THIS PARAGRAPH SHALL APPLY EVEN IF SPONSOR HAS 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 PROMOTION 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 / Giveaway Cancelation
Sponsor reserves the right to cancel, modify or terminate The Giveaway if fraud, misconduct or technical failures destroy or threaten the integrity of this portion of The Giveaway, in the opinion of the Sponsor, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper conduct of The Giveaway as determined by Sponsor, in their sole discretion. In the event of early termination of The Giveaway, Sponsor reserves the right to determine any eligible prizewinners 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 Sponsor, any event associated with this giveaway or the prize is delayed, rescheduled, postponed or cancelled, Sponsor reserves the right, but not the obligation, to cancel or modify The Giveaway and shall not be required to award a substitute prize.
For the Winner’s List, available after April 28, 2020, send a self-addressed, stamped envelope to: American Apparel® Festival Sweepstakes Winner, c/o Gildan Activewear, Newton Christ Church BB17047 Barbados. All requests must be received by May 31, 2020.
The Giveaway and all accompanying materials are copyright © Gildan Activewear SRL All rights reserved.
Live Nation and TMF are not a sponsors of the Sweepstakes, and are 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 direct to Sponsors and not to Live Nation or TMF
Tortuga is a registered trademark of TMF2013, LLC.