NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING. ALL APPLICABLE LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED. PARTICIPATION IN THE PROMOTION AND/OR SUBMITTING AN ENTRY CONSTITUTES YOUR AGREEMENT TO AND ACCEPTANCE OF THE OFFICIAL TERMS AND CONDITIONS (“OFFICIAL TERMS AND CONDITIONS”) BELOW.
- Sponsor. This Promotion is sponsored by Tushy, Inc. (“Tushy”). If you have any questions concerning these Official Terms and Conditions or the Promotion (as defined below), please contact us by email at [email protected].
- Eligibility. The TAYLOR TICKETS SWEEPSTAKES (the “Promotion”) is open solely to legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age or older at the time of entry. Employees, officers, directors, or agents of Tushy or any of Tushy’s partners, related companies, agencies, or agents, as well as the immediate family (defined as spouse, parents, siblings, children, and grandparents) and same household members of any such employee, officer, director, or agent, are not eligible to participate. All applicable federal, state, and local laws and regulations apply. Void where prohibited or restricted by law.
- How and When to Enter. No purchase is necessary to enter or participate in the Promotion. The entry period for the Promotion begins at 3:00 p.m. Eastern Standard Time on October 12, 2023 and ends at 11:59 p.m. Eastern Standard Time on November 16, 2023 (the “Entry Period”). Tushy’s computer is the official timekeeping device for this Promotion.
To enter the Promotion, during the Entry Period you must:
- Via Instagram by following @hellotushy, liking Tushy’s Taylor Tickets post, and tagging at least one (1) other Instagram account. Tag additional accounts for additional entries, up to the limit of thirteen (13) total entries per person;
- Via X (formerly known as Twitter) by following @hellotushy , liking Tushy’s Taylor Tickets post, and tagging one (1) other X account. Tag additional accounts for additional entries, up to the limit of thirteen (13) total entries per person;
- Via TikTok by following @hellotushy , liking Tushy’s Taylor Tickets post, and tagging one (1) other account. Tag additional accounts for additional entries, up to the limit of thirteen (13) total entries per person;
- Via purchase of a TUSHY Classic 3.0, TUSHY Spa 3.0, TUSHY Ace, TUSHY Ottoman, or TUSHY Bamboo Toilet Paper Subscription and sign up for SMS messages at checkout. Each purchase is worth one entry, up to the limit of thirteen (13) total entries per person.
- Via e-mail by going here and entering your email.
Selection of Winner; Notification.
- Winner Selection. On or about November 17, 2023, Tushy will conduct a random drawing from among all eligible entries received throughout the Entry Period to a potential winner. Odds of winning depend upon the number of eligible entries received throughout the Entry Period.
- Potential winner will be notified at the e-mail or social media account used to enter the Promotion. To be confirmed as Winner, the potential winner must: (1) respond as instructed within ten (10) days to the notice sent to the potential winner’s e-mail or social media account. If the selected entrant cannot be confirmed as winner for any reason, they may be disqualified and the Prize will be forfeited and an alternate winner will be chosen.
- Publicity. Except where prohibited, acceptance of the Prize constitutes Winner’s consent that their name, likeness, voice and/or biographical data may be used for advertising and promotional purposes without limitation and without additional notice, compensation, or consent.
- Release. Subject to applicable law, by entering into the Promotion and potentially receiving a Prize, each entrant and winner agrees to waive, release, discharge, and hold harmless, and does hereby waive, release, discharge, and hold harmless Tushy, along with Tushy’s employees, officers, directors, affiliates, partners, agents and assigns, from and against any claim, cause of action, demand, or proceeding (each, a “Claim”), and any resultant loss, injury (including death), cost, expense, fee, fine, penalty, or other loss or expense of any kind, including attorneys’ fees (each, a “Loss”), relating to or arising directly or indirectly out of their participation in the Promotion (or related activity such as a press release), or from receipt, use, or misuse of any Prize, no matter how such Claim or Loss arises.
- Limitation of Liability. IN NO EVENT WILL TUSHY AND/OR TUSHY’S, INSTAGRAM’S, X’S, OR TIKTOK’S PARENT, SUBSIDIARY, LICENSEES, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, ASSIGNS, AFFILIATES, OR RELATED COMPANIES (COLLECTIVELY WITH TUSHY, THE “TUSHY PARTIES”), BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) ARISING OUT OF ANY ENTRANT’S PARTICIPATION IN THE PROMOTION, THESE OFFICIAL PROMOTION TERMS AND CONDITIONS, AND/OR ANY ENTRANT’S RECEIPT OF A PRIZE, NO MATTER UNDER WHAT THEORY ARISING, EVEN IF ANY TUSHY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TUSHY PARTIES’ ENTIRE LIABILITY WITH RESPECT TO ANY ENTRANT’S PARTICIPATION IN THE PROMOTION, THESE OFFICIAL PROMOTION TERMS AND CONDITIONS, AND/OR ANY ENTRANT’S RECEIPT OF A PRIZE SHALL BE LIMITED TO $100. SOME JURISDICTIONS MAY NOT ALLOW THE AFOREMENTIONED LIMITATIONS OR EXCLUSIONS OF LIABILITY AND AS SUCH, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
- Disclaimer of Warranties. Everything regarding this Promotion is provided “as is,” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
- Governing Law; WAIVER OF JURY TRIAL. These Official Terms and Conditions shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the state of New York in any legal suit, action, or proceeding arising out of or based upon the Promotion, these Official Terms and Conditions, or the Prize provided hereunder. Each entrant irrevocably waives, to the fullest extent permitted by law, any objection that they may now or hereafter have to the laying of venue of any such proceeding in such courts and any claim that any such proceeding brought in any such courts has been brought in any inconvenient forum. Each entrant agrees that a final judgment in any such proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. ENTRANT HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT ENTRANT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY ACTION ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE OFFICIAL TERMS AND CONDITIONS, AN ENTRY OR BY REASON OF PARTICIPATING IN THE PROMOTION OR SUBMITTING OR ATTEMPTING TO SUBMIT AN ENTRY.
- Early Termination. Tushy reserves the right, in its sole and exclusive discretion, to cancel, suspend, or terminate the Promotion for any reason and without any notice. In such an instance, Tushy may, if and as appropriate, in its sole and exclusive discretion, select a winner using reasonable means that are materially consistent with the Promotion.
- Winner List. For the name of the winners, send a self-addressed stamped envelope by January 31, 2024 to: Winner List – TUSHY’S TAYLOR TICKETS Sweepstakes, Attn: Justin Allen, 20 Jay St., Ste 900, Brooklyn, NY 11201.
Prize: One (1) Winner will receive two tickets to a 2024 United States Taylor Swift “Eras Tour” concert with flights for Winner and their guest, two nights at a hotel, and a five hundred dollar gift card for meals and related travel expenses for themselves and their guest. Approximate retail value (“ARV”): $10,000.
Unless child or ward of Winner (or age restricted by the applicable hotel), guest must be eighteen (18) years of age or older as of the date of departure and must travel on the same itinerary and at the same time as Winner. Winner and their guest are responsible for obtaining, at their own expense, any necessary travel documentation (i.e. valid photo identification etc.) prior to travel.
Prizes are non-transferable and cannot be substituted. Actual value of Prize package may vary depending upon the points of departure and arrival, and/or airline fare fluctuations; any difference between stated ARV and final value of Prize will not be awarded. Selection of concert location, airline, and hotel is solely within Tushy’s discretion. Tushy may substitute a Prize of equal or greater value in its sole and exclusive discretion. The Winner agrees that they are solely responsible for payment of any and all applicable income taxes or other taxes or fees due for or on account of any Prize or consideration received as a result of this Promotion. Winner understands they will be issued an IRS 1099 MISC Form in the amount equal to the retail value of their Prize for the year in which the Prize was awarded, and, as a condition to receiving any price, will provide Tushy with all necessary information for the issuance of an IRS 1099 MISC Form.
If the ticketed event or any portion thereof is postponed, rained out, canceled, or, for other reasons beyond Tushy’s control, does not occur, Tushy will not be responsible for replacing the ticketed portion of Prize. Tickets are subject to certain terms and conditions specified thereon, and concert and seat locations are as solely determined by Tushy. Lost or stolen tickets will not be replaced. Tushy shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the venue operator, performer or any other persons providing any Prize-related services. If travel delays, cancellations or difficulty prevent arrival in time for the event, Tushy is not responsible for awarding any compensation in lieu thereof.
Prize consists only of the elements expressly set forth above; no other elements or expenses (including, without limitation, insurance, meals, unspecified ground transportation, phone calls, baggage, gratuities, incidentals, souvenirs, gasoline, etc.) are included in the Prize and all such expenses are the sole responsibility of Winner. If in the judgment of Tushy, air travel is not required due to Winner's proximity to the trip destination, ground transportation will be substituted for roundtrip air travel at Tushy’s sole and absolute discretion. The difference in value will not be awarded to Winner. Winner is responsible for any air travel taxes and/or expenses, including applicable departure taxes or fees, inspection charges, baggage fees, and security charges. Once issued, tickets are nontransferable and may not be reissued once travel has commenced. Open tickets may not be issued and stopovers are not permitted. Hotel room will consist of one double-occupancy, standard hotel room unless otherwise specified at the time of Prize notification. Winner will be required to provide credit card prior to check-in and is solely responsible for all incidental charges and may be required to sign an additional liability release for the use of the accommodations. Gift card is subject to terms, conditions and restrictions as set by issuer. Tushy is not responsible if any promotional card is lost, stolen, destroyed or used without permission. If the promotional card is lost or stolen, it will not be replaced.
Tushy is not responsible for digital communications that are undeliverable as a result of any filtering of any kind, insufficient space in an entrant’s account, or any other failure beyond its reasonable control. In the event of a dispute with respect to entries received from more than one user having the same e-mail address/account, the authorized subscriber of the account in question at the time of entry will be deemed the proper entrant. Any potential winner will forfeit the Prize if they: (1) fail to respond within 24 hours to any of Tushy’s requests for information or signatures with respect the Promotion or the Prize; (2) cannot be reached at the information provided by such individual; (3) rejects the Prize (or it is returned undeliverable through no fault of Tushy); or (4) is disqualified from the Promotion for any reason. In the event of any forfeiture hereunder, an alternate winner will be selected.
NAMES, LOGOS AND OTHER MATERIALS ARE USED FOR PURPOSES OF PROMOTION AND/OR PRIZE DESCRIPTION ONLY. ALL TRADEMARKS, SERVICE MARKS, TRADE NAMES, TRADE DRESS, PRODUCT NAMES AND LOGOS APPEARING IN THE PROMOTION ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS; USE DOES NOT IMPLY AFFILIATION OR ENDORSEMENT.
Effective Date: October 12 2023