TPC INC DBA AUGUST GIVEAWAY OFFICIAL RULES

NO PURCHASE OR OBLIGATION NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW. PURCHASE OR MOBILE PHONE USAGE DOES NOT IMPROVE ONE’S CHANCE OF WINNING. STANDARD TEXT MESSAGE, DATA RATES, TERMS AND CONDITIONS MAY APPLY.

ENTERING THIS SWEEPSTAKES MEANS THESE OFFICIAL RULES FORM A BINDING LEGAL CONTRACT. THIS CONTRACT PROVIDES FOR YOUR INDEMNIFICATION OF THE SPONSOR AND OTHER PARTIES, THE WAIVER OF THE RIGHTS TO PARTICIPATE IN A CLASS ACTION OR A JURY TRIAL, AND A REQUIREMENT THAT MOST DISPUTES WILL BE SETTLED BY MANDATORY BINDING ARBITRATION.

TPC INC DBA AUGUST Giveaway (“the Sweepstakes”) is intended for legal residents of the United States of America (“USA”) and shall only be construed and evaluated according to USA law. Do not enter this Sweepstakes if you are not a USA resident at the time of entry.

1. SWEEPSTAKES DESCRIPTION: The Sweepstakes is sponsored by TPC INC dba August ("Sponsor"), and administered by Textnology, Inc., 169 Madison Ave. STE 11239, NY 10016 (the “Administrator”). Sweepstakes begins at 12:00:01 am ET on August 14, 2024 and ends at 11:59:59 pm ET on September 13, 2024. Entries received outside the Sweepstakes Period will be void.
2. ELIGIBILITY: The Sweepstakes is open to legal residents of the United States who are 18 years of age or older at the time of entry. Employees of the Sponsor, its affiliates, subsidiaries, advertising and promotion agencies, and their immediate families are not eligible to participate. Void in Puerto Rico, U.S. territories, and where prohibited or restricted by law.
3. HOW TO ENTER:
   • Mobile Phone Number Submission: Entrants who enter their phone number at the dedicated website (the “Website”) and sign up to SMS marketing will receive one (1) Sweepstakes entry. All mobile phone number submission entries must be received by 11:59:59 p.m. ET on September 13, 2024.
   • Send Text of Target Purchase Receipt for Tampons or Pads: After signing up to the SMS Marketing List, Entrants will receive ten (10) entries for every box of August tampons or pads product purchased at a Target store in the United States or Target.com. In order to receive an entry, Entrants must (a) have already signed up to the SMS marketing list as detailed in 3a above; (b) respond to the call to action text message sent by Sponsor; and (c) follow the prompts to text in a photo of the receipt showing proof of purchase of the August product(s). All receipts submission entries must be received by 11:59:59 p.m. ET on September 13st, 2024. ANY FRAUDULENT ACTIVITY IN CONNECTION WITH THIS SWEEPSTAKES IS STRICTLY PROHIBITED. IT IS FRAUDULENT TO PURCHASE ITEMS TO OBTAIN ENTRIES WITH THE INTENT TO RETURN ANY FRAUDULENT ACTIVITY IN CONNECTION WITH THIS SWEEPSTAKES IS STRICTLY PROHIBITED. IT IS FRAUDULENT TO PURCHASE ITEMS TO OBTAIN ENTRIES WITH THE INTENT TO RETURN THESE ITEMS AFTER THE SWEEPSTAKES. IF THE SPONSOR IDENTIFIES OR SUSPECTS THAT YOU ARE ENGAGED IN THIS OR ANY OTHER FRAUDULENT ACTIVITY, YOU WILL BE DISQUALIFIED AND BANNED FROM ANY FURTHER SWEEPSTAKES OR PROMOTIONS OFFERED BY THE SPONSOR.
   • Free Mail-in Entry: Entrants also have the option to obtain Sweepstakes entries via mail by legibly hand-printing, on a 3”x 5” card or paper, their full name, complete mailing address, phone number, and email address, and mailing the card in a #10 envelope, with proper postage affixed, to: TPC INC dba August, 447 Broadway 2nd Floor Mailbox 376, New York, NY 10013, United States. Each mail-in entry must be mailed separately.
4. GRAND PRIZE DRAWING: The Potential Grand Prize winner will be selected in a random drawing from all valid entries received during the Sweepstakes Period, conducted by the Administrator. The Potential Grand Prize drawing will be conducted on or about September 15, 2024. Odds of winning the Grand Prize will depend on the total number of eligible entries received throughout the Sweepstakes Period. The Potential Grand Prize Winner will be contacted by the Sponsor or Administrator via phone call, SMS text, or email. Potential Grand Prize Winner shall be deemed the verified Grand Prize winner (“Verified Prize Winner”) by Sponsor once he/she has completed the required paperwork and deemed to be an eligible Entrant in the Sweepstakes, as determined by Sponsor in its sole discretion.
5. GRAND PRIZE: There is one (1) Grand Prize. The Grand Prize is two tickets to the Eras Tour by Taylor Swift at the Smoothie King Center in New Orleans, Louisiana on October 27, 2024 along with a $750 travel stipend. Total approximate retail value (“ARV”) is $7500. Any upgrades or other options are at the sole expense of the Verified Grand Prize Winner. The Sponsor does not make, nor in any manner is responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to the prize. Pictures display or other representations of any used in connection with this Sweepstakes are not depictions or promises of the Prize which may differ substantially. No substitution or transfer of Prize will be permitted, except by the Sponsor, who reserves the right at its sole discretion to substitute a Prize with another Prize of equal or greater value. All other expenses associated with Prize acceptance not mentioned herein are the sole responsibility of the Verified Grand Prize Winner. The value of the Prize set forth above represents Sponsor’s good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed. If the actual value of a Prize is lower than the stated ARV when the Prize is procured and fulfilled, then the difference will not be awarded. All other expenses associated with Prize acceptance or usage not specifically mentioned herein are the responsibility of the Verified Grand Prize Winner. NOTE: No substitution, assignment or transfer of the Prize is permitted, except by Sponsor, who reserves the right to substitute the Prize or any Prize component with another of comparable or greater value.
6. PRIZE CONDITIONS: By accepting a Prize, the Verified Grand Prize Winner agrees to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the Prize. The Potential Grand Prize Winner must sign and return to the Administrator, within five (5) days of the date of notice or attempted notice is sent, an Affidavit of Eligibility and Liability/Publicity Release. Note: The Affidavit sent will require that the Potential Grand Prize Winner provide their Social Security Number to the Administrator, which will be used solely for tax reporting purposes. The Verified Grand Prize Winner will be responsible for all local, state, and federal taxes associated with the receipt of the Prize. The Verified Grand Prize Winner must note that the value of their accepted Prize is taxable as income and an IRS Form 1099 will be filed in the name of the Verified Grand Prize Winner for the value of the Grand Prize. The Verified Grand Prize Winner is solely responsible for all matters relating to the Grand Prize after it is awarded. If Prize notification is returned as unclaimed or undeliverable to a Potential Grand Prize Winner, if the Potential Grand Prize Winner cannot be reached or does not comply with notification instructions within three (3) business days from the first notification attempt, or if a Potential Grand Prize Winner fails to return requisite document(s) within the specified time period, or if a Potential Grand Prize Winner is not in compliance with these Official Rules, as determined by Sponsor in its sole discretion, then such person shall be disqualified and, at Sponsor’s sole discretion, an Potential Grand Prize Winner may be selected. By accepting the Grand Prize, where permitted by law, the Verified Grand Prize Winner grant to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time their full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. The Verified Grand Prize Winner also acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize.
7. GENERAL CONDITIONS:
   • By participating, entrants agree to abide by these Official Rules and the decisions of the Sponsor, which are final and binding.
   • The Sponsor reserves the right to disqualify any person who tampers with the entry process or violates these rules.
8. LIMITATION OF LIABILITY: Sponsor is not responsible for any lost, late, or misdirected entries or for any technical issues that may affect the Sweepstakes. Sponsor is not liable for any damages or injuries resulting from acceptance or use of the prize. By participating in the Sweepstakes, Entrants agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any Prize, including, but not limited to: (i) any technical errors that may prevent an Entrant from submitting an entry; (ii) unauthorized human intervention in the Sweepstakes; (iii) printing errors; (iv) errors in the administration of the Sweepstakes or the processing of entries; or (v) injury, death, 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 of the Grand Prize (defined below). BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE(S) AWARDED WILL BE LIMITED TO ACTUAL, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (2) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.
9. RELEASE OF CLAIMS (CALIFORNIA): Entrant acknowledges that there is a possibility that, subsequent to their involvement with the Sweepstakes and adherence to these Official Rules may discover or incur or suffer claims which were unknown or unsuspected at the time agreeing to these Official Rules, and which if known to them at that time may have materially affected their decision to enter this Sweepstakes. Entrants acknowledge and agree that by reason of these Official Rules, and the release contained in the preceding subsections, they are assuming any risk of such unknown facts and such unsuspected claims. Entrants acknowledge that they have read these official Rules and, as such, hereby have been advised of the existence of Section 1542 of the California Civil Code, which provides:
   • “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would materially affect his or her settlement with the debtor or released party.”
   • Entrants expressly waive any and all rights under California Civil Code Section 1542 and under any other federal or state statute or law of similar effect.13.BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER:Except where prohibited by law, as a condition of participating in this Sweepstakes, each Entrant agrees as follows:
10. Binding Arbitration Agreement: Except as otherwise stated below, any and all legal issue, claim or dispute arising out of or connected or related in any way to the Sweepstakes, including but not limited to Prize awarded, shall be resolved through final, binding arbitration. Entrant specifically agrees that, except as otherwise provided herein, entry into the Sweepstakes waives all rights to bring a lawsuit based on such claim(s) or dispute(s) and the right to have such lawsuit resolved by a judge or a jury.
    This Arbitration Agreement shall be governed by the Federal Arbitration Act, (9 U.S.C. § 1 et seq.). Any arbitration will be commenced and administered by JAMS under the rules of JAMS, includingJAMS Consumer Arbitration Minimum Standards. If JAMS’ criteria are met by the nature of the dispute, the Entrant agrees that the arbitration shall be conducted under JAMS Streamlined Arbitration Rules & Procedures. Judgment upon any arbitration award may be entered in any court of appropriate jurisdiction.
    Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. However, if Entrant is unable to pay JAMS’ costs, Sponsor will pay all arbitration fees and expenses. If JAMS is unavailable, unwilling, or otherwise unable to administer an arbitration in accordance with these rules, then another arbitration administrator will do, to be selected by agreement of the parties.
    Neither Entrant nor Sponsor shall be permitted to obtain awards, and all parties hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Sweepstakes). The parties further waive all rights to have damages multiplied or increased.
    The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon both you and us. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, except that this sentence shall not apply to the Class Action Waiver provisions described below. The arbitrator will render a decision in writing. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award. This Arbitration Agreement will survive the termination of your relationship with us. Excluded Disputes. Notwithstanding the binding arbitration requirement set forth in this section, Entrant may bring qualifying claims in small claims court so long as the matter remains in such court and advances only on an individual, non-class, non-representative basis.
11. Class Action Waiver: To fullest extent permitted by applicable law, you and we agree to bring any claim or dispute, whether in arbitration, or court as permitted by these terms, ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION. There shall be no right or authority for any claim or dispute to be brought, heard or arbitrated as a class or collective action (&dquot;Class Action Waiver&dquot;). The arbitration will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity. Regardless of anything else in this Arbitration Agreement and/or the applicable JAMS rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator. This Class-Action Waiver will survive the termination of your relationship with us.
12. One-Year Time Limit to Raise Disputes or Claims: You agree that any dispute, claim or lawsuit, regardless of form, that may arise out of or related to the Sweepstakes, must be filed within ONE (1) YEAR of the action, omission, event or occurrence giving rise to the dispute, claim(s) or lawsuit. After the expiration of the one-year period, such dispute, claim(s) or lawsuit will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or pursuant to law or statute.
13. Waiver of Jury Trial: BOTH ENTRANT AND SPONSOR HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, except as provided herein. We are instead mutually electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified herein. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
14. Location of Arbitration: Entrant may choose to have the arbitration conducted by video conference technology such as zoom, or based on written submissions. Otherwise, the location of the arbitration proceeding shall take place in the city or state where Entrant resides, unless each party to the arbitration agrees otherwise, or at another mutually agreed upon location.
15. GOVERNING LAW: The Sweepstakes is governed by the laws of the State of New York, without regard to its conflict of law principles.
16. PRIVACY: Personal information collected from participants will be used in accordance with the Sponsor’s privacy policy, which can be found at https://www.itsaugust.co/policies/privacy-policy.
17. OFFICIAL RULES AND WINNER LIST: For a copy of these Official Rules or the name of the winner, send a self-addressed, stamped envelope to: TPC INC dba August, 447 Broadway 2nd Floor, New York, NY 10013, within 30 days after the drawing.
18. SPONSOR: The Sweepstakes is sponsored by TPC INC dba August, 447 Broadway 2nd Floor, New York, NY 10013, United States.

This Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with Taylor Swift or Target Corporation.

Questions? Please email care@itsaugust.co.