Instagram Giveaway – Social Sweepstakes
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR TO WIN.
A PURCHASE DOES NOT IMPROVE ONE’S CHANCES OF WINNING.
VOID IN QUEBEC AND WHERE PROHIBITED BY LAW.
1. Eligibility: The Instagram Giveaway (“Sweepstakes”) is only open to permanent legal residents of the fifty (50) states of the United States (“U.S.”), the District of Columbia (“D.C.”) (excluding Guam, Puerto Rico and terl other U.S. and foreign territories and possessions) and permanent legal residents of Canada (excluding the province of Quebec) who are currently physically located and residing therein, and who are eighteen (18) years of age or older as of the date of entry. Entrants may be Instagram members to enter; however, the Sweepstakes is in no way sponsored, endorsed or administered by or associated with Instagram and Instagram is completely released of terl liability by each entrant in this Sweepstakes. Sponsor (defined below) has no affiliation with Instagram and has no responsibility for or control over any matters relating to Instagram or Instagram accounts. Entrants must also have either a valid social security number and/or a valid U.S. personal tax identification number or a social insurance number. Employees of Laurel & Wolf Inc. (“Sponsor”), Sweepstakes administrator, their advertising or promotion agencies, those involved in the production, development, implementation or handling of the Sweepstakes, any agents acting for, or on behalf of the above entities, their respective parent companies, officers, directors, subsidiaries, franchisees, affiliates, licensees, service providers, prize suppliers, any other person or entity associated with the Sweepstakes (collectively “Sweepstakes Entities”) and/or members of their immediate families (spouses, domestic partners, children, siblings, parents) and/or persons living in the same household as such persons, whether or not related, are ineligible to enter the Sweepstakes.
2. Sweepstakes Period: For purposes of this Sweepstakes, all times refer to Pacific Daylight Time (“PDT”) and the Sponsor’s Instagram page (defined below) is the official clock. The Sweepstakes begins at 12:00 AM PDT on June 17, 2017 and ends at 11:59 PM PDT on June 24, 2017 (“Sweepstakes Period”).
3. How to Enter: Entrants must first either already be following or begin following the Sponsor on Instagram. To follow @laurelandwolf on Instagram, entrants must go to https://www.instagram.com/laurelandwolf/ (“Instagram Site”) and click the “Follow” button. If an entrant does not already have an Instagram account, he/she can create one by going to either the App Store or Google Play and downloading the Instagram App, which is free, to their mobile device. To enter the Sweepstakes, entrants must locate the Sweepstakes post inviting people to enter. Thereafter, entrants must complete the following steps: (i) follow the Sponsor, (ii) like the post, (iii) mention one (1) friend, and (iv) include #sweepstakes (each an “Action”). After successfully completing these Actions, said entrant will then receive one (1) entry into the Sweepstakes (“Instagram Entry”). All four (4) Actions must be completed to be valid. If an entrant’s Instagram account is set to “Posts are Private”, then an entrant’s Instagram Entry may be disqualified and rejected as ineligible for consideration in this Sweepstakes. An entrant may only mention one (1) friend. An entrant may only mention someone with whom he/she has an existing relationship, he/she knows personally and to whom a mention would not be considered spam and who meets the eligibility requirements for the Sweepstakes as described in section 1 above. Entrants understand that they are providing their information to the Sponsor and not to Instagram. Entrants can only participate in the Sweepstakes under one (1) Instagram account.
The Actions must belong to the entrant that completed the act of physically entering the Sweepstakes. The Instagram Entry must adhere to the following guidelines:
1. Follow the Sponsor;
2. “Like” the Sweepstakes post;
3. Mention one (1) friend to be valid;
4. Contain #sweepstakes to be valid;
5. Be in the English language;
6. Cannot contain the phone number(s), address, email address of the entrant or any other person;
7. Must not contain or depict any objectionable, unlawful, defamatory, obscene, sexually-explicit, threatening, abusive, harassing, hateful, discriminatory, or vulgar material and must be otherwise fit for publication/posting/uploading, as determined by Sponsor in its sole and absolute discretion;
8. Must not include materials (language, phrases, quotations, logos, etc.) belonging to or copyrighted by third parties, and Sponsor, in its sole and absolute discretion, has the right to disqualify such Instagram Entry;
9. Must not contain any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation;
10. Must not contain any material that: (a) would give or threaten to give rise to criminal or civil liability; (b) encourages conduct that constitutes a criminal offense; or (c) encourages or provides instructional information about illegal activities;
11. Must not contain any references to alcohol, tobacco, drug paraphernalia, firearms, or any description or representation thereof; and
12. Must not include obscenities or other objectionable material, that defame or invade the publicity or privacy rights of any person (living or deceased), or that otherwise infringe upon any third party’s personal or proprietary rights, as determined by Sponsor in its sole and absolute discretion.
To enter the Sweepstakes without an Instagram account, entrants must go here (“Alternate Entry Site”) and submit the following information: First Name, Last Name, Home Address (no P.O. Boxes) including City, State/Province and Zip/Postal Code, Telephone Number (including area code), Email Address, and Date of Birth (“Alternate Entry Information”). After the Alternate Entry Information is submitted, said entrant will receive one (1) entry into the Sweepstakes (“Alternate Entry”). The Alternate Entry Information must match the information of the entrant that completed the act of physically entering the Sweepstakes. Instagram Entries or Alternate Entries (collectively, “Entry/ies”) must be received by 11:59 PM PDT on June 24, 2017. If an entrant is a resident of a jurisdiction that deems him/her to be a minor, he/she must obtain parental/legal guardian consent prior to entering or submitting any personally identifiable information. A minor is defined as a resident of Alabama or Nebraska in the U.S. or a resident of the province of Newfoundland and Labrador, New Brunswick, Northwest Territories, Nova Scotia, Nunavut or the Yukon in Canada who is under nineteen (19) years of age or a resident of Mississippi who is under twenty-one (21) years of age (“Minor”). All required Actions and/or Alternate Entry Information must be completed in full, be accurate, and valid (as applicable).
Limit one (1) Instagram Entry OR one (1) Alternate Entry per person per email address throughout the Sweepstakes. If entrants use a mobile device to obtain an Instagram Entry or Alternate Entry, standard text messaging and data rates apply to the Entry and all other mobile communications, including but not limited to additional Entries (if applicable), sent and received in connection with the Sweepstakes (contact your carrier for pricing plans and details). This charge will be billed on each entrant’s wireless bill or deducted from each entrant’s prepaid balance. May not be available for all service providers or for all mobile devices. Please use care and do not drive while entering the Sweepstakes.
Entries in excess of the stated limits will be disqualified. Any attempted form of entry other than as described herein is void. Proof of submitting an Entry will not be deemed by Sponsor as proof of receipt or entry into the Sweepstakes. Any attempt by an entrant to obtain more than the stated number of Entries by using multiple/different email addresses, Instagram accounts, identities, registrations, logins or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void that entrant’s Entries and that entrant may be disqualified. Final eligibility for the award of any prize is subject to eligibility verification as set forth below. The Instagram Site/Alternate Entry Site may not be accessible from all mobile phones, handheld devices, and/or tablets. If an entrant experiences any issues entering, he/she should access the Instagram Site/Alternate Entry Site from a desktop or laptop computer.
4. Prizes/Odds of Winning: One (1) prize will be awarded in this Sweepstakes and consists of a Classic Design Package from Laurel & Wolf ($149USD) and a $200 Visa Gift Card. The total approximate retail value (“ARV”) of the prize is $349USD.
Odds of winning the prize depends on the total number of eligible Entries received during the Sweepstakes Period. Gift certificates/cards/credits/subscriptions cannot be exchanged/redeemed for cash or combined with any other offer and are subject to stated terms and conditions. All expenses associated with the receipt or use of the prize not specifically mentioned as being included (e.g. any requested upgrades/options, overages, any applicable customs fees) are excluded and is the winner’s sole responsibility. No cash equivalent for the prize(s) will be available. Prize(s) is not transferable. However, Sponsor may, in its sole discretion, choose to substitute the prize (or prize component) of equal or greater value due to prize unavailability or for any other reason. Sponsor reserves the right, in its sole discretion, to replace prize (or prize component) with a similar prize; but, in such event, Sponsor will continue to use the value of the “old” (i.e. replaced) item/component for purposes of calculating the ARV. The prize(s) and prize notification(s) will only be sent to addresses within the fifty (50) states of the U.S. (including D.C.) and Canada (excluding the province of Quebec). Any depiction of prize(s) in Sweepstakes materials or otherwise are for illustrative purposes only. All federal, state, provincial, or other tax liabilities (including but not limited to income taxes) arising from participation in the Sweepstakes or award of any prize(s) will be the sole responsibility of the winner(s). The Sweepstakes administrator is not the supplier or guarantor of any prize.
5. Drawing: Potential winner(s) will be randomly selected in a drawing held by the Sweepstakes administrator, an independent compliance organization, located in Burbank, CA on or about June 26, 2017 (“Drawing Date”) from among all eligible Entries received.
6. Notification of Winner: Potential winner will be notified via an Instagram Direct message at the Instagram Account associated with his/her Entry or via the email associated with his/her Entry (actual method of notification determined by a potential winner’s method of entry) by Sponsor/Sweepstakes administrator within two (2) business days of the Drawing Date. If an entrant is not following @LaurelandWolf, the Instagram Direct message will go into said entrant’s requests queue. If a potential winner entered via Instagram, he/she will have two (2) business days to respond to the Instagram Direct message by emailing his/her requested responses (e.g. his/her email address). After a potential winner provides his/her email address, he/she will be emailed eligibility questions by the Sweepstakes administrator which must be answered within two (2) business days. If a potential winner entered via email, he/she will have two (2) business days to respond to the email by emailing his/her requested responses (e.g. answers to eligibility questions). If a Canadian resident is selected as a potential winner, he/she must correctly answer a time-based mathematical skill testing question administered during the aforementioned notification email to be eligible for the prize. If a potential winner does not respond to the Instagram Direct message within two (2) business days; does not respond to the eligibility questions within two (2) business days; is found to be ineligible; if he/she does not comply with these Official Rules); if his/her prize or prize notification message is returned as undeliverable, if Canadian, he/she cannot correctly answer the time-based mathematical skill testing question, potential winner will be disqualified and an alternate potential winner may be selected at Sponsor’s sole discretion. If an entrant changes and/or deletes his/her Instagram account after he/she enters the Sweepstakes, it is his/her sole responsibility to notify the Sponsor before the end of the Sweepstakes Period at the Sponsor’s postal mailing address (listed below).
8. Disclaimers: Sweepstakes Entities are not responsible or liable for Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limit, or for Entries that are illegible, late, tampered with, forged, incomplete, misdirected, deleted, damaged, lost, misplaced, stolen, destroyed, or otherwise not in compliance with these Official Rules and such Entries will be disqualified. By entering the Sweepstakes, entrants agree and acknowledge that the Sweepstakes Entities shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury, or death) in connection with: participation in this Sweepstakes; human error; incorrect or inaccurate transcription of Alternate Entry Information; acceptance/possession, use/misuse, and/or defects of the prize(s) awarded herein; typographical errors in Sweepstakes promotional material; including, but not limited to, disputes over Actions; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or internet service provider utilized by Sweepstakes; interruption or inability to access the Sweepstakes, the Instagram Site, or any online service via the internet due to hardware or software compatibility problems; any damage to entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of this Sweepstakes; and/or any fraudulent (including unauthorized) gift card/credit/subscription uses made with lost, stolen or misappropriated gift card/credit/subscription, incomplete (including inaccurate) gift card/credit/subscription database information and canceled gift card/credit/subscription amounts or expired gift card/credit/subscriptions due to reasons beyond Sponsor’s; including but not limited to, in the case of a Canadian winner, disputes over answer to mathematical skill test questions and/or Sweepstakes Entities control even if caused by the negligence of one of the Sweepstakes Entities. Entrants further agree to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes, and hereby acknowledge that said Sweepstakes Entities 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 any prize, including express warranties provided exclusively by a prize supplier that are sent along with a prize. Sweepstakes Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused by or have contributed to (1) any wrongful, negligent or unauthorized act or omission on the part of the prize supplier or any of its agents, servants, employees, or independent contractors, (2) any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of Sponsor, or (3) any other cause, condition or event whatsoever beyond the control of Sponsor or its parents, subsidiaries, and affiliated companies. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations), or other force majeure event will not be considered a breach of these Official Rules. Visa and each of its respective affiliates, officers, directors, agents, and employees will have no liability or responsibility for any claim arising in connection with participation in this Sweepstakes or any prize awarded. Visa and its affiliates have not offered or sponsored this Sweepstakes in any way.
9. GOVERNING LAW, JURISDICTION, ARBITRATION: Any controversy or claim arising out of or relating to (i) the Sweepstakes, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of these Official Rules or their enforcement or interpretation shall be governed by and construed in accordance with the substantive laws of the state of California without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. Any controversy or claim arising out of or relating to this agreement, its enforcement, arbitrability or interpretation shall be submitted to final and binding arbitration, to be held in Los Angeles County, California, before a single arbitrator, in accordance with California Code of Civil Procedure §§ 1280 et seq. The arbitrator shall be selected by mutual agreement of Sponsor(s) and the entrant or entrants bringing forth the controversy or claim (collectively, the “Parties”) or, if the Parties cannot agree, then by striking from a list of arbitrators supplied by the American Arbitration Association or JAMS/Endispute. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The Parties will share equally in payment of the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court). Entrant(s) agrees that his/her claim will be resolved individually, exclusively by arbitration, without resort to any form of class action. Entrant(s) further agrees that any claim/judgment/award in such arbitration shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Sweepstakes but in no event attorneys’ fees; and, under no circumstances, will an entrant(s) be entitled to awards. Entrant(s) hereby waives all rights to claim 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 increased. Should any term of this section be deemed void, unenforceable or contrary to law, such term shall, but only to the extent necessary to bring this section within the requirements of law, be deemed to be severed from the other terms of these Official Rules, and the remainder of these Official Rules shall be given effect as if it had not included the severed term herein. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
10. Names of Winners: To receive the winners’ list or an additional copy of these Official Rules, send a self-addressed stamped envelope to: Instagram Giveaway, “Winner’s List” or “Rules” (specify which), C/O Casey Gerber, 708 North Croft Ave., West Hollywood, CA 90069. All requests must be received by August 25, 2017. The Official Rules will be available on the Instagram Site and/or online during the entire Sweepstakes. Name of winners may also be posted on the Instagram Site.
11. Sponsor: Laurel & Wolf, Inc., 708 North Croft Ave., West Hollywood, CA 90069.
Participants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. All rights reserved.
[CG1]I will create a new google form for this.