MR. THROWBACK x OSTERTAG OFFICIAL RULES

Hypeist x Mr. Throwback x Ostertag Scavenger Hunt Promotion

No purchases required or necessary to enter or win. A purchase will not increase your chances of winning. Must be a permanent legal US resident to enter. Internet/Data Access and an Instagram account are required to enter.

Eligibility 

This Promotion is sponsored by Hound Dog Labs, LLC, d/b/a Hypeist (the “Sponsor”). Offered only in the state of New York to legal residents of the fifty U.S. (who currently physically reside in the U.S.) 18 or older, and who have a smartphone or other wireless device capable of Internet access, own an Instagram account on or before 2:00PM EST February 13th, 2016 (eligible “entrant” or “participant”), and follow @Hypeist on Instagram. Persons in any of the following categories are not eligible to participates: employees, officers, and directors of Hypeist, their respective subsidiaries, affiliates, or divisions, and the advertising and promotional agencies, and independent contractors, agents, assigns and brand/company ambassadors of any of the above organizations (hereinafter referred to, including Sponsor, as the “Promotion Entities”), and the immediate families (parents, spouse, children, siblings including foster and step-relations), or persons, whether related or not, living in the same household as any of the individuals in the preceding categories. 

Agreement by Entrant

Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, and the current Instagram Terms of Use, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.

The Sponsor reserves the right to cancel, terminate, or modify the Promotion if it cannot be operated, conducted, or completed as planned, for any reason. You understand you are providing your information to the Sponsor and not Instagram or Twitter. The information you provide will be used as stated herein, and for purpose of this Promotion, in accordance with the Sponsor’s privacy policies. 

Promotion Period, Events, Dates, Locations

The Promotion begins on or about 2:00PM EST on February 13th, 2016 and ends on or about 7:30PM EST on February 13th, 2016, or upon eligible prize claim (as provided herein) whichever is soon (“Promotion Period”). There will be one single event held during the Promotion Period. All dates, times, Events, clues, and locations and information are subject to change in the Sponsor’s absolute discretion.

Participation

During the Promotion Period: Follow @Hypeist on Instagram and Twitter. The Sponsor will be hiding tokens, and not the actual reward. The hidden token is redeemable for the reward once the winner claims the prize (following instructions from the Sponsor). Clues to identify the location of hidden token and Event/Promotion specific messaging will be communicate prior to the Event via Instagram and may be communicated via additional social media channels directing them to search for clues on Instagram. 

Once the clues are released, participants must analyze them for the identity of the location. The location will be within New York City and a Promotion specific prominently dressed authorized representative of the Sponsor will be present at the location (“Authorized Representative”). The participants to appear in person at the location and comply with all prize claim requirements will be eligible for the respective prize depending on if they find the token. Participants may compete with friends and other accompanying people, however, the winner may claim the Prize as an individual, not a team. Information provided becomes the property of the Sponsor, and will not be returned.

Event Prize Claim Requirements: Within the Event Period (and subject to verification and compliance), the first eligible participants to use the clue(s) to identify the location, safely reach the location in person, find the hidden tokens, AND identify themselves to the Sponsor’s Authorized Representative and show them the applicable Event post clue (eligible “prize claim”) may be eligible for the respective Prizes for which they qualify based on their timing. Potential winners must execute and return the required release documents or else prize will be forfeited and awarded to an alternate qualifying potential winner at the Event based on time. Once the eligible prize claim has been made for the Event, the Event will be deemed terminated and a message will be communicated via Instagram to that effect.

Promotion Entities hereby disclaim any responsibility for, and make no guarantees or warranties of any kind, express or implied, with regard to adequacy of cellular coverage, or devices, or any other equipment or data used or available during the Promotion, or any element thereof. Promotion Entities are not responsible for Instagram, device, service provider, network or equipment malfunction, failure, incompatibility, unavailability, nor for the failure to provide clues, nor the inability to participate, nor for any human or technical error, or traffic/transportation interruptions, congestion, slow-downs, stoppages, or any force majeure, or any other causes similar or dissimilar which interfere with entrants’ ability to in any way participate in the Promotion, or any element thereof. Normal internet access and device usage charges imposed by entrant’s mobile plan and/or on-line service will apply. This Promotion may not be available via all mobile carriers. Standard messaging & data rates apply to internet access via mobile devices. Other charges may apply; check your mobile plan for rates/details.

Prize awards are subject to compliance and verification. In the event of a tie, the tie will be broken by being the first (in Sponsor’s representative’s sole and absolute judgment) to provide the correct response to a tie-breaker clue administered between the tied participants/teams only.

Participation in the Promotion and any element thereof is governed and subject to these official rules and any Event instructions and directions provided at any time (whether verbally or written) by Sponsor’s Authorized Representative during an Event. All rules of the Promotion, an Event, activity, participation, timing, clues, Locations, execution of the Event (including prize claim requirements/fulfillment), selection of the winners and all other determinations relating to an Event will be made by Sponsor or its Authorized Representative, whose decisions are final and binding. Such Event instructions are made a part of these Official Rules and incorporated herein by reference. Should there be any inconsistency between these official rules and the instructions of a scavenger hunt Event, these official rules will prevail, govern and control. Participants who in Sponsor’s or its Authorized Representative’s sole and absolute judgment, are or appear to be at any time non-compliant, cheating, fraudulent, violent, a danger (to themselves or others), out-of-control, unsportsmanlike, inappropriate, offensive, vulgar, harassing, under the influence, or are in any other respect not acting within the spirit of the Promotion or whose actions may bring Sponsor’s products or brands into disrepute will be disqualified. Sponsor reserves the right, at its sole and absolute discretion, to immediately refuse, disqualify, or withdraw any participant at any time prior to, during or after an Event, and if previously adjudged a potential winner, will require prize forfeiture and return. Potential winners MUST remain at the location to be verified, execute the required releases, and to receive their Prize. Non-winners will NOT be awarded a prize.

Prizes

All prize will be awarded assuming a sufficient eligible prize claim is made at the Event. The Event winners will each receive rewards according to the sponsor's information on their Instagram and blog post. There will be 5 separate winners. Each winner will receive (1) Vintage Champion Jersey of Allen Iverson, Michael Jordan, Penny Hardaway, Patrick Ewing, OR Charles Barkley from Mr. Throwback, along with (1) Original designed artwork of Allen Iverson, Michael Jordan, Penny Hardaway, Patrick Ewing, OR Charles Barkley by Ostertag. Additionally, the first three winners will receive (1) Rick Barry Granny Shot shirt from Smithee+Co. 

Any prize details not specified above will be determined by the Sponsor in their sole discretion. Prizes are non-transferable and must be accepted as awarded. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason as determined by the Sponsor in their sole discretion. The Winner is responsible for any and all other costs and expenses not listed above. Prizes will be reported as income to a winner, and the winner is responsible for taxes, if any, associated with the receipt of a prize. In no event will Promotion Entities be responsible for awarding more than the stated number of prizes. Any prize pictured in advertising or promotional materials is for illustrative purposes only and may not be the actual prize awarded.

Potential winners may be required to execute and return either a Declaration of Eligibility, Publicity and Liability Release, or a Publicity Release. In the event of non-compliance, inability to notify potential winner or a potential winner’s failure to timely respond at any time, the prize will be forfeited and an alternate qualifying winner (based on timing) will be selected at the Event. No sale, barter, transfer or assignment of a prize in whole or in part to any third party permitted. Gift cards are subject to the terms and conditions of issuer. No substitution or cash equivalent of prize offered, except by the Sponsor at its sole discretion. The Sponsor in its sole discretion reserves the right to substitute a prize with a prize of comparable value. Transportation and lodging are not provided as part of the prize. Winners will be responsible for all transportation, gratuities, meals, lodging, and any other incidental costs, fees or expenses not identified in these rules. If the event, or any element thereof, is delayed, postponed, or canceled for any reason, winners will not be reimbursed for tickets. Tickets are subject to standard rain-check policies and procedures. Tickets are awarded pursuant to a revocable, nontransferable license that is personal to the winner and may not be sold, resold, auctioned, bartered, assigned, exchanged, placed in commerce, transferred, given away, donated, or otherwise conveyed. A violation of these restrictions shall revoke winner’s license, and the tickets will not be honored. Prizes consist only of the items listed as part of the prize. Talent is subject to availability. Any difference in ARV and actual value will not be awarded as cash or otherwise. Winners are solely responsible for any local, state, and federal taxes, if any, and any other expenses, fees and/or costs incurred in claiming or using a prize.

Disclaim and Release of Liability

Unless prohibited by law, entrants agree to allow use of their name, voice, city/state of residence, photograph, and/or likeness for advertising and/or trade and/or any other purpose in any media or format now or hereafter known without further compensation permission or notification.

The Event/Promotion is subject to federal, state, and local laws and regulations and is void where prohibited by law. In the event that the operation, security, or administration of the Scavenger Hunt is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) cancel or terminate the Scavenger Hunt; (b) suspend the Scavenger Hunt to address the impairment and then resume the Scavenger Hunt in a manner that best conforms to the spirit of these Official Rules; or (c) award the prize at random or award the prize according to the Judging Criteria from among the eligible entries received up to the time of the impairment. The Sponsor reserve the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Scavenger Hunt or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Scavenger Hunt may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsors reserve the right to seek damages from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event the Sponsor is prevented from continuing with the Scavenger Hunt or the integrity and/or feasibility of the Scavenger Hunt is severely undermined by any event beyond the control of Sponsors, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of the Sponsor (each a “Force Majeure” event or occurrence), the Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Scavenger Hunt without any further obligation.

By entering and participating in the Promotion or any part thereof, participants agree to release, indemnify and hold harmless the Sponsor and all other Promotion Entities, Instagram, and each of their respective directors, officers, employees and agents (“Released Parties”) from any and all alleged or actual claims (including without limitation personal and bodily injury, wrongful death and disability, property damage), actions, demands, settlements (whether or not litigation is commenced), judgments, losses, liabilities, damages, costs and expenses (including without limitation reasonable attorney’s fees) (collectively “Claims”) arising from or related, in whole or in part, to participation in this Promotion, any Event related activity (including but not limited to travel to/from locations and/or any other travel to/from and/or participation in Event and/or prize related activities), delivery, mis-delivery, acceptance, possession, use or misuse of a prize, whether or not caused in whole or in part by the negligence of the Promotion Entities and/or their agents. In no event will Promotion Entities, their parents, affiliates, subsidiaries and related companies, their advertising or promotion agencies and/or all their respective officers, directors, employees, independent contractors, representatives and agents, be responsible or liable for any damages or losses of any kind, including indirect, incidental, consequential or punitive damages arising out of your participation in this Promotion, Event or prize related activities, or access to, and use of, any participating internet site(s) or the downloading from and/or printing material downloaded from said site(s). By entering and/or accepting a prize, entrants and any winner covenant to the fullest extent permitted by law not to sue any Released Party or cause them to be sued regarding any matter released above, and not to disaffirm, limit or rescind this release. A waiver by one or more of the Promotion Entities of any term in these official rules does not constitute a waiver of any other provision.

Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Scavenger Hunt or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsors in connection with the Scavenger Hunt, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

Winners List

For the name of the winner(s), please send an email to info@hypeist.com. Limit one request per person, or household. Requests must be received within four (4) weeks of the Entry Period.

Hypeist

Hypeist is a platform where brands can release exclusive products, experiences, and content to fanatics through beacon-powered scavenger hunts.