Official Rules/Terms and Conditions

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  VOID WHERE PROHIBITED OR RESTRICTED BY LAW.  BY ENTERING THE CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. OPEN ONLY TO RESIDENTS OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA (“U.S.”), WHO RESIDE IN THE U.S. AT THE TIME OF ENTRY.

1. CONTEST TIMING: The “How You GearIt” Contest (the “Contest”) entry period begins Monday, July 8, 2024 at 12:00:01 a.m. Eastern Time ("ET") and ends Saturday, August 18, 2024 at 11:59:59 p.m. ET (the “Entry Period”).

All eligible entries will be judged based on pre-defined judging criteria, as later defined in these Official Rules, and the winning entry will be announced on or about August 19, 2024 (“Winner”).

The Administrator’s database clock will be the timekeeper for the Contest.  Entry in the Contest does not constitute entry into any other contest or sweepstakes. By participating in the Contest, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of GoDirectinc.com, Inc., 489 Yorbita Road #B, La Puente, CA 91744 (the “Sponsor” or “Judge”), and/or WYNG, 360 Park Avenue S., 20th Floor, NY, NY 10010 (the “Administrator”) whose decisions shall be final and legally binding in all respects and not subject to further review in any forum.  

2. ELIGIBILITY: Contest is open only to legal residents of the U.S. who are physically located in the U.S, age eighteen (18) or older, at the time of entry (“Entrant”).  Sponsor, Administrator, and each of its respective companies, subsidiaries, advertising and Contest agencies, and any and all other companies associated with the Contest (collectively, the “Contest Entities”), and each of their immediate family members and/or people living in the same household are not eligible to participate. All eligibility is subject to all federal, state and local laws and regulations. All entries submitted are the property of the Sponsor. The Contest shall be void where prohibited or restricted by law.

3. HOW TO ENTER:  
• Take a photo of how you are planning to celebrate summer (bonus points if you are using one of GearIt’s products!)
• Post your photo on Instagram (public) along with the hashtag #howyougearitcontest and tag @gear.it

If you don’t already have an Instagram account, visit  https://www.instagram.com/accounts/emailsignup/  creating an Instagram account is free. By submitting your information and creating a an account, you will be required to agree to Instagrams terms of service and privacy notice.
BE SURE TO INCLUDE Hashtag #howyougearitcontest and tag @gear.it
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Each step listed above are collectively an entry (“Eligible Entry”).
\Your Eligible Entry must comply with these Official Rules. By entering, each Entrant warrants and represents the following with respect to their Entry: (a) Entrant is the sole and exclusive owner of the Entry; (b) the Entry will not infringe on any rights of any third parties; and (c) any third parties appearing in the Entry have given entrant appropriate consent to be used in accordance with these Official Rules.

Limit: Enter a unique Entry as often as you wish during the Entry Period. Sponsor reserves the right to cancel or modify this Contest in the event an insufficient number of entries are received that meet the minimum judging criteria.

Entry Guidelines: By entering, each Entrant agrees that their Entry conforms to the guidelines below and that Sponsor, in its sole discretion, may remove any Entry and disqualify an entrant from the Contest if it believes, in its sole discretion, that the Entrant’s Entry fails to conform to the below guidelines.  
• The Entry must be primarily in English.
• Entries that do not include the hashtag #howyougearitcontest and the tag @gear.it will not be recognized as an Entry. Each Instagram Entrant must be an active holder of a non-private account to be eligible to enter the Contest via social media (i.e., Entrant must make sure his or her posts are set to “public” and not “private”).
• The Entry must not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
• The Entry must not in any disparage Sponsor or any other person or party;
• The Entry must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
• The Entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
• The Entry must not contain material that is unlawful, in violation of or contrary to the laws or regulations of the United States or of any jurisdiction where Submission is created.
• The Entry cannot promote illegal drugs or firearms (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous, or any particular political agenda or message;
• The Entry must be consistent with the image and values of Sponsor and be consistent with and satisfy the purpose of the Contest.
• Non Sponsor brands may be used but not depicted in any photo submission.  

Incomplete, invalid, unsuitable, or otherwise non-compliant Entries (as determined in Sponsor’s sole and absolute discretion) will not be eligible. If, upon review, Sponsor (or its authorized representative) is unable to determine that an Entry is compliant, or reasonably suspects that it is not compliant in whole or in part, the Entry as a whole may be disqualified.  Proof that you uploaded an Entry does not constitute proof or evidence that it was received within the Contest Period or eligible for the Contest. Entries become the property of Sponsor and will not be returned. Entries submitted via any other entry method than stated herein will not be accepted. Entries may only be submitted by a single registered email account user; group or commercial submissions are not permissible.  Multiple entrants are not permitted to share the same device, account, IP or email address. Entrants may not (whether apparent or suspected) enter through a sweepstakes/contest club or exchange site (or similar method, whether or not paid), with multiple or false identities, accounts, or devices, or use multiple e-mail and/or street addresses, or use any other device or artifice to enter. Engaging directly or indirectly in any (apparent or suspected) artifice, cheating, fraud, spamming, phishing, on-line clubs (or similar methods), exchange sites, robotic, automatic, macro, programmed or like participation methods as determined in Sponsor’s sole and absolute discretion, will void all such Entries, and disqualify any entrant suspected of using/benefitting from such methods.

Without limiting the foregoing, Entry/Entrant will be disqualified if Sponsor believes the Entry is not in the spirit of the Contest, is not compliant herewith, or awarding the Prize to any person will have a detrimental impact on Sponsor, this Contest, or any of Sponsor’s brands, products or services.
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Contest Entities assume no responsibility for lost, late, incomplete, ineligible, inaccurate, undelivered, delayed, destroyed, damaged, or misdirected Contest related communications (in whole or in part including into entrant’s spam/junk folders); or for any equipment, computer, telephone, device, network, platform, app, electronic, hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt, or jumbled transmissions; nor service provider, Internet, website, user accessibility or availability, incompatibility, traffic congestion, unauthorized human intervention or any human error, or the incorrect or inaccurate capture of Entry, or other information, nor for the failure to capture or display any such information.

Entrants must not engage in phishing or spamming. Apparent or suspected phishing or spamming, sending of junk communications or the use of any unauthorized method or automated system to participate is prohibited, and, if discovered at any time will void the applicable Entry and entrant suspected of using/benefitting from such methods in Sponsor’s sole and absolute discretion.

Entry Notes: Entrant will be able to review his or her entry prior to submission, but once any entry is submitted, Entrant cannot access/revise such entry in any way. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected Entry will be deemed ineligible. By entering, all Entrants release the Sponsor, Judge, Administrator, Instagram, and their respective parent, subsidiary and affiliated entities including, all of their respective shareholders, officers, directors, employees, agents, contractors, attorneys, successors and assigns (the “Released Parties”) from and against all claims and damages arising out of or in connection with each Entrant's participation and/or entry in the Contest and/or his/her receipt or use of the Prize awarded in the Contest or for the results or selection process of the Contest Judging.  

Sponsor is not responsible for problems downloading or uploading any Contest-related information to or from the web site or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any electronic mail entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the web site, or any other technical problems related to web site entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an Entrant’s ability to participate in the Contest.

4. JUDGING: All Eligible Entries will be judged by the Sponsor based on the following judging criteria;
• 33% Creativity:
• 33% Product Application:
• 34% Adherence to Contest theme:

In the event of a tie, a third-party judge selected by the Sponsor will judge the tied entries, based on the same judging criteria, to determine the Winner.

5. PRIZE:
One (1) Prize Winner: $500 GearIt Store credit valid online at Gearit.com.ARV: $500. Terms and conditions of the credit apply.

Prize may be awarded electronically. ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).


6. WINNER NOTIFICATION: The Contest winners will be notified by direct message (DM) by the Sponsor requesting confirmation of the winner’s email address, full name and mailing address. The winner is subject to verification. If a potential winner fails to respond to any notification attempt within three (3) business days, or if any attempted notification or Prize delivery is returned as undeliverable, or if a potential winner fails to complete and return any required information within the specified time period, the potential winner may be disqualified and an alternate winner may be selected from the remaining Eligible Entries received (time permitting). An alternate winner will be the next entry with the highest Judge’s score.

Once eligibility has been verified and the Sponsor receives the Prize winner’s requested information, the Sponsor will arrange to award the Prize. Prize winner must reply with all required information in order to receive their Prize.

7. PUBLICITY RELEASE/ASSIGNMENT OF RIGHTS: Providing an Entry constitutes consent to grant the Contest Entities a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display  Entrant’s entry materials (including the Entry, in whole or part), name, photograph, likeness, voice, biographical information, statements and complete address (collectively, the "Attributes"), for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization, (except where prohibited by law), and releases the Contest Entities from all claims arising out of the use of such Attributes.  

Submission of an entry grants the Sponsor and its agents the right to record, copy, publish, use, edit, exhibit, distribute, perform, merchandise, license, sublicense, adapt and/or modify such entry in any way, in any and all media, without limitation and without any compensation to the entrant. Submission of an entry further constitutes the entrant's consent to irrevocably assign and transfer to Sponsor any and all rights, title and interest in the entry, including, without limitation, all copyrights.

8. DISQUALIFICATION: CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.  Sponsor reserves the right in its sole discretion to disqualify any individual who is found to have tampered with the entry process or the operation of the Contest, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to disparage, annoy, abuse, threaten or harass any other person. No incomplete, forged, software-generated or other automated multiple entries will be accepted. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

9. LIMITATION OF LIABILITY: None of the Released Parties shall be held responsible for, and Entrant hereby releases the Released Parties from any claims arising from or in any way relating to: (i) late, lost, delayed, illegible, damaged, corrupted or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of entries or entry information or technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Contest; (iv) electronic or human error which may occur in the administration of the Contest or the processing of entries; (v) any injury or damage to persons or property, including but not limited to Entrant's computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from Entrant's participation in the Contest  (vi) use of any Prize and (vii) the judging process including the outcome of the Contest.

The Contest is in no way sponsored, endorsed, administered by or associated with Instagram.  You are submitting your information to Sponsor and not Instagram.

By entering, each Entrant fully releases and agrees to hold each of the Released Parties harmless from and against any and all claims, liability, damages, and demands arising out of or relating to participation in the Contest, the judging process and/or any use of the winner’s name, likeness, voice and/or biographical information as permitted hereunder, including without limitation all claims, liabilities, damages, and demands based on any personal injury, property damages or loss or death.  

Entrants assume all liability for any injury or damage caused, or claimed to be caused, by participation in the Contest.

10. DISQUALIFICATION/FORCE MAJEURE: In the event (a) an insufficient number of Eligible Entries are received,  (b) a virus, bugs, or entrant fraud or misconduct affect or corrupt the administration, integrity, security or proper operation of the Contest, (c) Sponsor deems necessary in order to comply with the terms of use or terms of service of any applicable social media platform or in connection with changes to such terms, or (d) Sponsor is prevented from awarding the Prize or continuing with the Contest as contemplated herein by any event beyond his control, including but not limited to, fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control, then Sponsor shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will (if possible) judge all eligible, non-suspect entries received as of the date of the event, giving rise to the termination. Inclusion in such judging process shall be each Entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of Prizes described in these Official Rules will be awarded.

11. DISPUTES: Except where prohibited, Entrants agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any Prize awarded shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; (3) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased; and (4) Entrant waives all right to trial by jury. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A. without giving effect to any choice of law or conflict of law rules.

12. WINNER,S LIST: To obtain the name of the Winner, send a self-addressed   stamped envelope to: How Do You GearIt Contest Winner, PO Box 0368, E. Falmouth, MA 02536-0368. All such requests must be received by 8/30/24.

13. USE OF DATA: All information regarding Entrants collected by Sponsor will be treated in accordance with their privacy policies. Please review Sponsor's privacy policy at https://www.gearit.com/policies/privacy-policy  and Administrator’s privacy policy at https://www.wyng.com/privacy-policy/ By entering the Contest, each Entrant agrees that information submitted in connection with the Contest may be used as permitted pursuant to the privacy policies, and otherwise in connection with the administration of the Contest.