Official Rules

NO PURCHASE NECESSARY.  A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Eligibility: Athleta - Simone Biles/GOAT Tour Sweepstakes (the “Sweepstakes”) includes three (3) independent Sweepstakes, one associated with each of the three Instagram accounts:  @Athleta, @SimonBiles and @goldoveramericatour.  The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. The Employees of Gap, Inc., and their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible.  The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules. Sponsor’s decisions are final and binding in all matters related to the Sweepstakes.  Winning a prize is contingent upon fulfilling all requirements set forth herein.

2. Sponsor: Gap, Inc., 2 Folsom Street, San Francisco, CA 94105.

3. Timing: The Sweepstakes begins on September 8, 2021 at 9:00 a.m. Pacific Time ("PT") and ends on September 9, 2021 at 9:00 a.m. PT/ noon Eastern Time (the "Promotion Period").  Instagram's servers are the official time-keeping devices for the Sweepstakes.

4. How to Enter:
Participation Requirements: To participate, you will need to have an Instagram account.  Creating an account is free but is subject to the Instagram terms: http://instagram.com/about/legal/terms/#.  If entering via a mobile device message and data rates may apply. Check your wireless carrier’s network for  standard data charges that  may apply.  

Entry Requirements:

During the Promotion Period, first follow all of the following accounts on Instagram: @Athleta, @SimonBiles and @goldoveramericatour;

Next, to receive one (1) Sweepstakes entry, locate a post advertising this Sweepstakes on one of the three Instagram accounts (each a “Sweepstakes Post”) and take the following actions:
(a) Like the Sweepstakes Post;
(b) Comment on the Sweepstakes post with the city** where you would like to attend the Gold Over America Tour and @mention a friend with whom you have a personal relationship;
(c) You must not change your Instagram handle once you have entered and until the prizes are awarded (as described in Section 6).

If your comment meets all of the requirements and you completed all of the above requirements and does not violate any of the Content Restrictions stated below, your comment will be deemed one (1) Sweepstakes Entry for the applicable Sweepstakes drawing.

** The Gold Over America Tour is coming to the following cities in the fall-winter of 2021:  Anaheim, CA, Los Angeles, CA, Glendale, AZ, San Jose, CA, San Francisco, CA,  Sacramento, CA,  Tucson, AZ, Boise ID, West Valley City, UT, Denver, CO, Oklahoma City, OK, San Antonio TX, Houston TX, Fort Worth, TX, North Little Rock, AK, Kansas City, MO, Minneapolis MN, Duluth, MN, St. Louis, MO,  Milwaukee, WI,  Chicago, IL, Cleveland OH, Columbus, OH, Indianapolis, IN, Louisville, KY, Detroit, MI, Charlotte, NC, Pittsburgh, PA, Philadelphia, PA, Newark, NJ, Washington D.C., Hartford, CT, Bridgeport, CT, Brooklyn NY, and Boston, MA.

Content Restrictions for your Entry:
* Your Entry must be your original work;  
* Your Entry must not convey any claims of Sponsor’s products or services that would be deemed unsubstantiated or deceptive if made by Sponsor;
* Your Entry must not disparage Sponsor or any other parties;
* You must have permission to include the names and/or Instagram handle of the individual(s) that you @mention in your Entry and to grant the rights set forth in Section 5. You should only include minors in your Tweet or post if they are your children/wards. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor;  
* Your Entry must not contain material that violates or infringes another’s rights and therefore may not include logos, trademarks or any other intellectual property other than those of the Sponsor;
* Your Entry must not make references to or include: alcohol, illegal drugs, tobacco, or firearms/weapons, any activities that are or appear to be dangerous, or any political agenda;
* Your Entry may not be indecent, obscene, sexually explicit, hateful, 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
* Your Entry may not be tortious, defamatory, libelous, disparage Sponsor or any other person or party, or contain material that is unlawful in any way.

Entry Limit: You may participate in each Sweepstakes drawing and enter two (2) times on each Sweepstakes Post during the Promotion Period.  Multiple entrants are not permitted to share the same Instagram account.  Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Instagram accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the Instagram account used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses used to create the Instagram account. Each potential winner may be required to show proof of being an authorized account holder. Released Parties (as defined in Section 8, below) are not responsible for lost, late, unreceived, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions or failure to receive Submissions due to limitation of third-party social network platforms all of which will be void. 

5. Sponsor’s Use of Social Post Content: By posting an Entry, entrant consents to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes.  If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Entry.  
    
6. Grand Prize Drawing: Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes.  Sponsor will randomly select two (2) potential Sweepstakes winners from all eligible entries received for each of the three Sweepstakes Posts during the Promotion Period, on or around September 10, 2021. Each potential winner will be notified by @Athleta as a private message and will be asked to provide his/her name, email address, mailing address and date of birth to confirm eligibility and for prize fulfillment purposes within 3 days of the date notice or attempted notice is sent into order to claim the prize. If a potential winner of any prize cannot be contacted, fails to provide the requested information within the required time period, or the prize is returned as undeliverable, the potential winner forfeits the prize.  Receiving a prize is contingent upon compliance with these Official Rules. In the event that a potential winner forfeits the prize or is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.  Only three (3) alternate drawings will be held, after which the prize will remain un-awarded.  

7. Prizes: THREE (3) GRAND PRIZES (1 awarded from a drawing from each of the 3 Sweepstakes Posts): Winner will receive 2 tickets for the Gold Over America Tour (for the city identified in the winner’s comment. All details of the seat location will be determined by Sponsor. Winner will be solely responsible for transportation and any accommodations required to attend this event.  

As of the Promotion start date, there exists an inherent risk of exposure to COVID-19 when traveling and in any public place where people are present. COVID-19 is a contagious disease that can lead to severe illness and death. By accepting this ticket prize and attending the Gold Over America Tour, winner and winner’s guests voluntarily assume all risks related to exposure to COVID-19.  Winner and guest are also responsible for complying with any COVID-19 requirements set forth by applicable venue for the Gold Over America Tour.  Approximate Retail Value of the prize is approximately $60.

Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason.  Winners are responsible for all taxes and fees associated with prize receipt and/or use.  Odds of winning a prize depend on the number of eligible entries received for the applicable Sweepstakes Post during the Promotion Period.  Limit:  1 prize per person. Prizes will be fulfilled approximately 4 weeks after the conclusion of the Sweepstakes.  

8. Release: By receipt of any prize, winners agree to release and hold harmless Sponsor, Simone Biles, Gold Over America Tour, Administrator, Instagram, Inc., and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.

9 Publicity: Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name, prize information, likeness, Submission, photograph (including, without limitation, winner's Instagram profile photo), voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, if any fraud, technical failures, human error, or any other factor impairs the integrity or proper functioning of the Sweepstakes, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, wide spread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Sweepstakes, including but not limited to fulfillment of the prize(s), as determined by Sponsor in its sole discretion. In such event, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance and may modify the prizes offered herein. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner.  Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
 
11. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize.  If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, not received, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, if it is possible. No more than the stated number of prizes will be awarded.  In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.

12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (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.  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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.

13. Entrant's Personal Information: Information collected from entrants is subject Sponsor’s Privacy Policy: https://www.gapinc.com/en-us/consumer-privacy-policy?mlink=5058,16926950,CS_Footer_PrivacyPolicy&clink=16926950.

14.  Winner List: For a list of winners, mail in a request naming this Sweepstakes in a self-addressed, stamped envelope with return postage affixed by 11/30/2021 to ATH Social: 1 Harrison Street, San Francisco, CA 94105.

© 2021 Merkle Inc.  All rights reserved.

This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram, Inc.



Abbreviated Disclosures for Advertising

Abbreviated Rules for online Ads – Not a Banner (to be used on Sponsor's Instagram Post)

NO PURCHASE NECESSARY.  Legal residents of the 50 United States (D.C.) 18 +.  Enter by  9/9/21 at noon ET.  See Official Rules, for odds  and prize details at Sweepstakes. Winners are be solely responsible for transportation and any accommodations required to attend this event.   Void where prohibited.