SWEEPSTAKES TERMS & CONDITIONS
NATE GARNER X SWEEPSTAKES
official rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law, outside the United States (excluding New York, Florida, Puerto Rico and all U.S. territories and possessions). Subject to all federal, state and local laws, regulations, and ordinances. THE NATE GARNER X SWEEPSTAKES (THE “SWEEPSTAKES”) begins on or about 12:00 p.m. Pacific Standard Time (“PST”) on January 29, 2020 and ends on or about January 31, 2020 at 11:59 p.m. PST (the “Sweepstakes Period”). Sponsor’s computer is the official time keeping device for this Sweepstakes. Entries will only be accepted during the Sweepstakes Period.
PLEASE READ THESE SWEEPSTAKES OFFICIAL RULES (“OFFICIAL RULES”) CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHT TO BRING A LAWSUIT IN COURT TO RESOLVE ANY DISPUTES ARISING HEREUNDER. These Official Rules state that any dispute between you and the Sweepstakes Sponsor regarding the Sweepstakes must be resolved in binding arbitration or small claims court on an individual basis, and in any event may not proceed on a class basis or otherwise seek class-wide relief.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM, INC. AND BY ENTERING THE SWEEPSTAKES, ENTRANTS AGREE TO RELEASE AND HOLD HARMLESS INSTAGRAM FROM ANY AND ALL LIABILITY ASSOCIATED WITH THIS SWEEPSTAKES.
1. Eligibility: The Sweepstakes (the “Sweepstakes”) is only open to legal U.S. residents currently residing in the 50 United States including the District of Columbia, except for residents of Puerto Rico, all U.S. territories and possessions and all overseas military installations, New York, and Florida, and who are at least eighteen (18) years of age or the age of majority or older at the time of entry (nineteen (19) years of age in Alabama and Nebraska, twenty-one (21) years old in Mississippi). Employees, officers, and directors of Sponsor (as defined herein below), or any of their respective parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers, web masters (collectively, the “Sweepstakes Entities”), and members of their immediate families and those living in the same household are not eligible to enter or win. For purposes of this Sweepstakes, “immediate family members” shall be defined as spouse, partners, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and those “living in the same household” shall mean people who share the same residence at least three (3) months a year, whether legally related or not. Participation constitutes entrant’s full and unconditional agreement to comply with and abide by these official rules (“Official Rules”) and to Sponsor’s decisions, including the interpretation of these Official Rules, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of winners.
2. Sponsor: Adam Quinn, Email: sweepstakes2019@aol.com (“Sponsor”).
3. How to Enter: To enter using Instagram, you must join or be a member of Instagram and your account must be set to the “public” setting in order to participate; joining Instagram is free. During the Sweepstakes Period, go to the @nategarner Instagram page (https://www.instagram.com/nategarner)(the "Sites") and follow the call-to-action provided in the advertising for the Sweepstakes on the “how to enter” post by following the Sites and every account that the Sites are following during the Sweepstakes Period, sharing the post on your account, and tagging @nategarner in the post. Upon completing the foregoing, you automatically will be entered with one (1) entry into the Sweepstakes. Depending on the size of entrant’s comment, entrant’s connection, Internet traffic and other circumstances, entrant’s submission upload may take several minutes to complete. Following any social media account (and/or any account as part of the entry qualifications) as part of the Sweepstakes entry is only for purposes of facilitating eligibility verification and prize fulfillment communication and may be discontinued following the Sweepstakes (i.e., after all the winners have been announced and verified). For the avoidance of doubt, entrant will not be entered for a chance to win any of the prizes if entrant doesn’t follow all the accounts during the Sweepstakes Period. Entries will not be acknowledged. For purposes of this Sweepstakes, an on-line entry is “received” when the applicable app’s/site’s servers record the entry information. Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” message) does not constitute proof of actual receipt of an entry for purposes of this Sweepstakes. Sponsor may not receive entries from Instagram users with “private” account settings (i.e., user has set their Instagram Account so that only people the user has approved can view their photos/videos) due to the way Instagram operates its service. By following the “call to action” post, entrants are confirming their acceptance and agreement to these Official Rules.
Limit one (1) entry per person. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information, accounts or otherwise may result in the entrant being disqualified.
Please note: By entering in this Sweepstakes, you signify and agree that your entry and any other materials submitted in connection with this Sweepstakes may be posted on Sponsor’s website and/or other social media sites or applications associated with the Sweepstakes in a manner that is consistent with these Official Rules. Upon submission of entry in this Sweepstakes, you agree that Sponsor may contact you via social media, including on Instagram, by sending you a direct message, tagging you, posting to your social media page or naming you on Sponsor’s social media page. You must provide all required information to be eligible to enter and win. All potential winners are subject to verification before any prize will be awarded.
By participating in this Sweepstakes, entrant acknowledges and agrees that he or she will clearly and conspicuously disclose that he or she is participating in this Sweepstakes in the entry and any online social sharing interaction that references the Sweepstakes or that is used to obtain entries in connection with this Sweepstakes. Sponsor reserves the right in its sole discretion to disqualify any entrant who does not adequately disclose his or her participation in this Sweepstakes while engaging in any online social sharing interaction during the Sweepstakes Period.
Entries, comments and content submitted or uploaded to any social media sites or other public sites in connection with this Sweepstakes (collectively, “Content Submissions”) may not contain, depict or show any content that: (i) is sexually explicit or suggestive, offensive, lewd, profane, obscene, or contains nudity or racist innuendo; (ii) promotes any activities that may appear unsafe or dangerous, or any political agenda or message; (iii) defames, misrepresents or contains disparaging remarks about Sponsor or other companies; (iv) contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) or copyrighted materials (including photographs, sculptures, paintings, and other works of art or images published via websites, television, movies or other media) owned by others, without permission; (v) contains any personal identification, such as license plate numbers, last names (first names are permitted), e-mail addresses or street addresses for any person other than entrant, or otherwise infringes on the privacy of any person other than an entrant; (vi) communicates messages or images inconsistent with the positive image and good will of Sponsor’s brand; and/or (vii) violates any law. Any Content Submissions that contain, depict or show such content; that exceed any required file size or length limits imposed by the Sweepstakes Entities or any third party social media site; and/or that violate these Content Submission requirements and/or the terms of these Official Rules will be disqualified. The Sweepstakes Entities reserve the right in their sole and unfettered discretion to screen and disqualify any Content Submission that they believe is inappropriate or not suitable for publication, that does not comply with these Official Rules, or that is not consistent with the spirit or theme of the Sweepstakes.
If the Content Submission contains an identifiable person other than the entrant who submitted the Content Submission, by submitting the Content Submission, the entrant represents and warrants that he/she has obtained the consent of such person to the use of the Content Submission as outlined herein and such person may be required to provide written consent to the Sweepstakes Entities’ use of the Content Submission.
By submitting a Content Submission, entrant explicitly acknowledges and agrees that the Sponsor and its legal representatives, successors and assigns shall have the irrevocable, worldwide right in perpetuity to license, sub-license, edit, alter, post, reproduce, publicly display and publish, in any media, including online, any or all material which you upload to any websites (including, without limitation, social media sites) associated with the Sweepstakes, with or without first and/or last name credit to the entrant without any additional consideration or approvals from or to entrant; and Content Submissions that attempt to restrict this right will not be considered. Each entrant warrants and represents that his/her Content Submission is original, has not been previously published or won any award, complies with any applicable community guidelines, terms of use, and any other binding terms on Instagram, does not contain any material that would defame or otherwise violate or infringe upon the rights of any third party, including patents, copyrights, trademarks or rights of privacy or publicity, complies with these Official Rules, and will not violate any federal, state or local laws or ordinances.
The Sponsor reserves the right, in its sole and absolute discretion at any time and for any reason, to request an entrant to modify, edit and/or re-submit his or her post in order to ensure that the post and complies with the terms hereof, or for any other reason. If such an action is necessary at any point during or after the Sweepstakes, then the Sponsor reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the entrant.
Entries that do not follow all the required accounts will not be eligible and will be disqualified. Bulk, automated and/or third party entries, including those generated by a script, computer program, macro, robotic or other automated means, are prohibited and will be disqualified. Multiple participants are not permitted to share the same email address or Instagram account. Any attempt by any participant to obtain more than the stated number of plays and/or entries by using multiple and/or different identities, forms, registrations, email addresses, logins, or any other methods will void that participant’s plays and/or entries, and that participant may be disqualified at Sponsor’s sole and absolute discretion. In the event of a dispute as to any entry, the authorized account holder of the email address associated with the pertinent Instagram account 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 for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize. 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. Entries that are incomplete, illegible, corrupted, damaged, false, lost, late or misdirected, deceptive, profane or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. All potential winners are subject to verification before any prize will be awarded.
The Sponsor may run multiple campaigns, contests, sweepstakes or other promotions simultaneously. For the avoidance of doubt, entry into one (1) campaign, contest or sweepstakes does not constitute entry into any other.
Once the winners have been verified, the winners will be announced via an Instagram Story on the Sites on February 8, 2020 on or about 12:00PM.
NOTE ABOUT PARTICIPATION VIA MOBILE DEVICE: If entrant opts to receive any of Sponsor’s messages or otherwise participate in the Sweepstakes via entrant’s wireless mobile device (which may only be available via participating wireless carriers and is not required to enter), standard text messaging rates or data charges may apply. Other charges may apply (such as normal airtime, data charges and carrier charges) and may appear on entrant’s mobile phone bill or be deducted from entrant’s prepaid account balance. Wireless carriers' rate plans or data plans may vary, and entrant should contact entrant’s wireless carrier for more information on messaging rate plans and charges relating to entrant’s participation in this Sweepstakes. Participation in this Sweepstakes by mobile phone means that entrant understands that entrant may receive additional messages from Sponsor relating to this Sweepstakes, including to notify entrant if entrant is a potential winner in this Sweepstakes, which will be subject to the charges pursuant to entrant’s carrier's rate plan. Cell phone service may not be available in all areas. Check your phone's capabilities for specific instructions.
4. Selection of winners: Sponsor will select the names of potential winner of the prize in a random drawing from among all entries received on or about the date/time listed in Paragraph 5 below. The odds of winning are based on the number of eligible entries received. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Sweepstakes, and of selection of the winners. Decisions of the Sponsor as to the selection of the winner will be final. The potential winners will be notified by either (i) direct message via Instagram, (ii) email (if listed on winner’s Instagram page) and/or (iii) via a phone call. Mode of communication shall be at Sponsor’s sole discretion).
The Sponsor is not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of a direct message or email, and/or placing of a phone call. The winner must respond within six (6) hours of the first attempted notification (or such other shorter period as the Sponsor specifies). The Sponsor is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email account to receive email messages. It is entrant’s responsibility to timely set entrant’s account settings to accept contacts by Sponsor and to timely check entrant’s account for such messages. Each entrant is responsible for monitoring Instagram for the notification and communications regarding the Sweepstakes. Sponsor has no liability for potential winner’s failure to receive notices due to filters, security settings or provision of incorrect or non-functioning contact details. If the winner notification remains unanswered for more than six (6) hours, the prize will be forfeited in its entirety and an alternate winner will be selected.
Except where legally prohibited, each potential prize winner may be required by Sponsor to sign and return, within six (6) hours of being notified (unless a shorter period of time is specified by Sponsor), an Affidavit of Eligibility, Prize Acceptance Agreement, Liability & Publicity Release in order to claim his/her prize. If (i) a potential prize winner cannot be contacted per above, (ii) the prize notification is returned rejected, faulty, unclaimed or returned as undeliverable to such prize winner after the first attempt to contact him/her, (iii) if he/she fails to sign and return the Affidavit of Eligibility, Prize Acceptance Agreement, Liability & Publicity Release or other required document within the required time period (if applicable), (iv) if any prize winner is found to be ineligible or has not complied with these Official Rules, (v) if the potential winner cannot accept any portion of the prize or declines a prize for any reason prior to award, or (vi) in the event that a potential prize winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible entries. Non-compliance shall result in disqualification and award of the prize to an alternate winner. The Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners, or if potential winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent.
Verification of Potential Winners: ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION I COMPLETE.
5. Prizes: There will be One (1) Grand Prize of $2,500 each. Approximate retail value (“ARV”) as listed below. ARV is stated in US Dollars. Entry periods and drawing dates/times are approximate:
Prize 1: $2,500
Entry Period: On or about 1/29/2020 @ 12:00PM – On or about 1/31/2020 @ 11:59PM
Drawing Date: On or about 2/3/2020 @ 12:00PM
Prize AVR: $2,500
Total ARV of all prizes to be awarded: $2,500.
Prize conditions and restrictions: Any difference between the ARV and actual retail value of any of the prizes will not be awarded to the winner. All prizes must be accepted as awarded and entrants hereby acknowledge that the prizes are awarded “as is” and Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prizes, including, without limitation, to the prizes’ quality, merchantability or fitness for a particular purpose or express warranties (if any) provided exclusively by the prizes supplier(s) that are sent along with the prizes. Sponsor responsible for any lost or stolen prizes and Sponsor takes no responsibility for a prize being damaged, delayed or lost in transit. If any part of the prize contains any cash component, the cash component will be transferred via PayPal transfer to the winner’s nominated account. The Sponsor is not responsible for any lost or stolen cash transferred to the prize winner, nor is the Sponsor responsible for any error in banking or PayPal details provided by the prize winner. The prize winner should seek independent financial advice prior to acceptance of their prize to determine if any tax implications may arise from their prize winning. The Sponsor accepts no responsibility for any liability or tax implications that may arise in connection therewith. If any of the prizes are unavailable for whatever reason, Sponsor reserves the right to substitute the prizes for a prize of equal or greater value, subject to state regulation. Prize cannot be substituted, assigned, transferred, or redeemed for cash except at Sponsor’s sole and absolute discretion. The prizes’ details and availability are subject to change, and in the event that Sponsor is unable to provide the winner with any of the prizes, the Sponsor may elect, at the Sponsor’s sole and absolute discretion, to provide winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value. The stated ARV of each of the prizes is based on available information provided to Sponsor and the value of any the prizes awarded to a winner may be reported for tax purposes as required by law. To claim the prizes and before the prizes are awarded, each prize winner may be required to provide Sponsor with the winner’s correct full name, mailing address, telephone number, e-mail address, a valid taxpayer identification number or social security number for tax reporting purposes and any other requested information. The winner will be solely responsible any and all applicable federal, state, and local taxes and all expenses, fees and expenses related to acceptance and use of prizes not specifically stated herein Sponsor reserves the right to withhold and/or deduct such taxes and charges from the prizes if and to the extent required by applicable law. An unclaimed prize will be forfeited. All prizes will be awarded provided that a sufficient number of eligible entries are received. Limit one prize per person and per household.
6. General Conditions: Sponsor reserves the right, in its sole discretion, to cancel, terminate, extend, suspend and/or modify the Sweepstakes, or any part of it, at any time, without liability to any entrant for any reason, if any virus, bugs non-authorized human intervention, fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity, administration, security, fairness or proper functioning of the Sweepstakes, including, without limitation, technical problems, as determined by Sponsor in its sole discretion, and no compensation will be payable. Sponsor and their agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THIS SWEEPSTAKES OR 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 PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any website associated with the Sweepstakes, and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Sweepstakes or suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.
7. Release and Limitations of Liability: By participating in this Sweepstakes, entrants ,and prize winners agree to release, defend, indemnify, and hold harmless Sponsor, Instagram and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives and agents (the “Released Parties”) from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out of or relating to the Sweepstakes, and agree that 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, including, without limitation, in the offering, selection, operation, or announcement of any Sweepstakes activity and/or prizes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software or any errors on the Instagram platform that may prevent an entrant from entering or receiving direct messages, lost, late, misdirected, or undelivered mail; (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) 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 and/or acceptance, receipt, possession or use or misuse of any prize (including, without limitation, losses, damages or injuries to entrant’s or any other persons’ equipment or other property, or to their persons, whether direct or indirect); (6) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; or (7) any breach of any representation, warranty, and/or promise herein by entrant. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than 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.
BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES RELATED ACTIVITY, INCLUDING ACCESS TO AND USE OF THE INTERNET SITE https://www.instagram.com/nategarner/OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE WEBSITE AND ALL PRIZES, ARE 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. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
8. Publicity Release. EXCEPT WHERE PROHIBITED BY LAW, WINNERS GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), THEIR SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND SWEEPSTAKES AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO THEIR AUTHORITY, THE IRREVOCABLE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING, BUT NOT LIMITED TO, THE WORLD WIDE WEB, AT ANY TIME OR TIMES, EACH WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, AND/OR BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (NOW KNOWN OR HEREAFTER DEVELOPED) (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
9. Intellectual Property. BY SUBMITTING AN ENTRY, ENTRANT AGREES THAT ALL CONTENT SUBMISSIONS THAT ENTRANT MAY SUBMIT TO SPONSOR OR OTHERWISE POST IN CONNECTION WITH THIS SWEEPSTAKES, INCLUDING ALL RIGHTS EMBODIED THEREIN, WHETHER SENT VIA THE WEBSITE OR ELECTRONIC MAIL OR INSTAGRAM OR SOME OTHER MEANS, WITH THE EXCEPTION OF PERSONALLY IDENTIFIABLE INFORMATION, ARE DEEMED TO BE NON-CONFIDENTIAL AND NON-PROPRIETARY AND SPONSOR SHALL HAVE NO OBLIGATION OF ANY KIND WITH RESPECT TO SUCH CONTENT SUBMISSIONS. SPONSOR SHALL BE FREE TO EDIT, EXPLOIT, MODIFY, PUBLISH, REPRODUCE, USE, DISCLOSE, DISSEMINATE AND DISTRIBUTE THE CONTENT SUBMISSION TO OTHERS WITHOUT LIMITATION IN ANY AND ALL MEDIA NOW KNOWN OR NOT CURRENTLY KNOWN, THROUGHOUT THE WORLD FOR ANY PURPOSE WITHOUT COMPENSATION, PERMISSION OR NOTIFICATION TO ENTRANT OR ANY THIRD-PARTY. ENTRANT HEREBY GRANTS TO SPONSOR AND ITS LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AN IRREVOCABLE, AND WORLD-WIDE LICENSE TO USE IN PERPETUITY THE CONTENT SUBMISSION IN ANY FORM OR FORMAT AND TO MODIFY THE SAME, AND ACKNOWLEDGES AND AGREES THAT IF SPONSOR DOES USE THE CONTENT SUBMISSION, ENTRANT SHALL NOT BE ENTITLED TO ANY CREDIT, CONSIDERATION, NOTICE OR PAYMENTS OF ANY KIND. ENTRANT WAIVES ANY MORAL RIGHTS HE OR SHE MAY HAVE TO THE CONTENT SUBMISSION, AND AGREES THAT IF SPONSOR ELECTS TO USE CONTENT SUBMISSION FOR ANY PURPOSE, ALL RIGHTS UNDER COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS WHICH MAY RESULT FROM THAT RELATING TO ENTRANT'S CONTENT SUBMISSION OR FROM USE OF THE SAME BY SPONSOR SHALL BE THE SOLE PROPERTY OF SPONSOR. ENTRANT FURTHER AGREES THAT IF SPONSOR ELECTS TO USE ENTRANT'S CONTENT, SUBMISSION, ENTRANT WILL EXECUTE ANY DOCUMENTS REQUESTED BY SPONSOR REGARDING THIS ASSIGNMENT. IF ANY USE BY SPONSOR OF THE CONTENT SUBMISSION CAUSES IT TO BE LIABLE TO ANY THIRD-PARTY, ENTRANT AGREES TO INDEMNIFY SPONSOR AND ITS AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVE AND ALL RELATED PARTIES FROM AND AGAINST ANY AND ALL DAMAGES, COSTS, JUDGMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) WHICH IT INCURS AS A RESULT OF ITS USE OF THE CONTENT SUBMISSION.
10. Disputes. Except where prohibited, entrant agrees that 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 arbitration in accordance with the terms hereof; provided, Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles County, California and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator (who possesses no less than ten [10] years of experience in handling entertainment matters) under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Los Angeles, California. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles County, California. In the event the above arbitration provision is determined to be inapplicable, Entrant agrees that 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 Stated District Court for the Central District of California or the appropriate State Court located in Los Angeles, County. 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 not to exceed Ten Dollars [$10]). 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 California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
11. Privacy: Sponsor and Sponsor’s agents, affiliates, subsidiaries, representatives or service providers may use entrants’ and/or referrals’ personal information submitted with entry for purposes of prize fulfillment and/or for future marketing by Sponsor, such as to notify them of a product or Sweepstakes that Sponsor thinks may be of interest.
12. Nature of Relationship/Waiver of Equitable Relief: Each entrant understands and acknowledges that the Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the Content Submission and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Content Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Content Submission or other material submitted in connection with the Sweepstakes, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Content Submission or any material based on or allegedly based on the Content Submission, and the entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
13. Official Rules and Winners List: For a copy of the Official Rules, or send an email with “Sweepstakes Rules” to Sweepstakes2019@aol.com. For a list of winners available after February 8, 2020, please email Sweepstakes2019@aol.com. Please insert the name of the Sweepstakes in the body of your request.
14. Miscellaneous: If there are any conflicts, inconsistencies or discrepancies between these Official Rules and any posts regarding the Sweepstakes, or any terms of use or other agreement posted on other social media platforms, these Official Rules control. The names of individuals, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or company, or the inclusion of a product or service as a prize, does not imply any association with or endorsement by such individual, group or company or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Sponsor reserves the right to amend or revise these Official Rules at any time. Notice of any such change will be posted on the platform in which the Sweepstakes is being administered.
This Privacy Notice is effective as of November 1, 2019.
This Privacy Notice explains how Adam Quinn (“we”, “us”, or “our”) collect, use, and share the information that you provide to us. We will collect your name, email address and telephone number to: (i) facilitate your participation in the sweepstakes and/or prize fulfillment; (ii) to fulfill your requests and finalize your transactions; (iii) to comply with the law; (iv) to detect and prevent fraud. We may disclose your personal information as follows: (i) to service providers that help us operate our business; (ii) when we believe in good faith that the law requires it, pursuant to a court order, subpoena, warrant, or in response to a government inquiry; and (iii) to protect our rights, security, or safety or those of others, and to prevent unauthorized interference with our business. You may request to view, update, or correct your personal information by contacting us using the email address provided below. In order to protect your privacy, we may take steps to verify your identity before granting you access to the information or enabling you to make corrections. If you have questions about this Privacy Notice, please contact us at sweepstakes2019@aol.com.
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