OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL
NOT INCREASE YOUR CHANCES OF WINNING.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED,
ENDORSED OR ADMINISTERED BY, OR OTHERWISE ASSOCIATED WITH, INSTAGRAM OR
FACEBOOK. YOU UNDERSTAND THAT YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND
NOT TO INSTAGRAM OR FACEBOOK.
2.
Entrant may register with Instagram to enter the
Sweepstakes. There is no cost to register with Instagram. If you do not have an
Instagram account, you can sign up for one either at your mobile phone app
store or at www.instagram.com. Important Notice:
You may be charged for visiting the mobile website in accordance with the terms
of your service agreement with your carrier. Please consult your wireless
service provider regarding your pricing plan. You must use a Smartphone device
to participate via your mobile phone. Not all mobile phone providers carry the
necessary service to participate. Check your phone capabilities for specific
Internet instructions. If your data usage exceeds what is allotted by your data
plan, you could be subject to additional fees by your carrier. Please contact your
mobile service provider with any questions regarding your bill. Winner Selection: At
the end of the Entry Period, Sponsor will review all of the initial entries for
eligibility. Winner[s](individually and collectively, the ÒWinnerÓ) will be selected
on or about September 2, 2014 in a random drawing from among all eligible
entries received. In the event the Sponsor does not
receive any eligible entries, the Sponsor has the right to cancel the
Sweepstakes. Drawing
will be conducted by editors at HGTV Magazine, whose decisions are final. Odds of winning will depend upon the
total number of eligible entries received. In the event Canadians are eligible
to enter as specified in the Eligibility paragraph below, and if there is a Canadian
Winner, the Winner will be required to correctly answer a mathematical skill testing question as a condition of receiving the
prize. Prizes & Approximate Retail Value: One (1) Winner will receive a $1,000
gift card for the Land of Nod (ARV: $1, 000) (Total ARV: $1,000). Any difference between the stated ARV and
the actual value of the prize will not be awarded in any form.
3.
WINNER NOTIFICATION: Winner will be notified
within one (1) month of the last day of the Sweepstakes, by a comment placed on
their Entry by Sponsor promptly following the winner selection and must respond
via email address providing contact information within 48 hours from
notification or an alternate potential winner will be selected. In the event
the Winner doesnÕt respond to SponsorÕs notification or does not accept the
prize within five (5) business days of notification, the prize will be deemed
forfeited and an alternate Winner will be selected. In the event that any one
or more potential Winner(s) fails to respond as stated above, declines the prize
or fails to provide signed affidavits or releases, such Winner(s) will be
deemed to forfeit the prize and Sponsor will select an alternate Winner(s) from
the remaining eligible entrants. If any alternate(s) similarly fails to respond
or declines the prize, Sponsor will use a reasonable number of attempts, in its
discretion, to award the prize(s) to another alternate(s) but if it is unable
to do so, the prize(s) will be finally forfeited and Sponsor shall have no
further liability in connection with this Sweepstakes. List of Winner(s):
The name(s) of the winner(s) of
the Sweepstakes will be posted on the Instagram Feed once the Winner(s) has
been selected. For the name(s) of the Winner(s), send a separate
self-addressed, stamped envelope to HGTV Magazine Cool Room Sweeps WinnersÕ
List, Hearst Communications, Inc., 300 West
57th Street NY, NY 10019 within two (2) months from the Winner
notification date as specified above.
4.
ENTRIES: Limit one (1) entry per
person for Sweepstakes. Multiple
entries from the same person will be disqualified. Entries become the property of the
Sponsor and will not be returned.
Proof of submission does not constitute proof of receipt. If applicable, illegible, inaccurate,
lost, late, misdirected, incomplete, mutilated, postage due or mechanically
reproduced entry forms or entry forms that have been tampered with will be
disqualified. Online entrants must
have valid email address and it is entrantÕs responsibility to update Sponsor
of any change in email address. The
mobile phone number and wireless service provider/carrier of mobile entrants
(if applicable) will be automatically captured in the Sweepstakes database and
all participation will be limited to that phone number unless entrant notifies
Sponsor of a change. If there is a dispute as to the identity of an online or
mobile entrant, the prize will be awarded to the authorized account holder of
the email address or mobile phone.
The Òauthorized account holderÓ is defined as the natural person to whom
the email address, mobile phone or Instagram account is assigned by an internet
service provider, online service provider, carrier, mobile phone provider or
other organization (e.g., business, educational institution, etc.) that is
responsible for assigning the email addresses for the domain associated with
the submitted email address or responsible for assigning the mobile phone
number or Instagram account.
4.
OWNERSHIP.
By submitting your entry in the Sweepstakes, you acknowledge and agree that
Sponsor will own all entries submitted by you in the Sweepstakes. Each entrant
into the Sweepstakes hereby irrevocably grants, transfers, sells, assigns and
conveys to the Sponsor, its successors and assigns, all present and future
right, title and interest of every kind and nature whatsoever in and to the entry(ies) for exploitation
throughout the universe, in perpetuity, by means of any and all media and
devices whether now known or hereafter devised. Sponsor shall have the right,
in its sole discretion, to edit, composite, morph, scan, duplicate, or alter,
the entry(ies) for any
purpose which Sponsor deems necessary or desirable, and each entrant
irrevocably waives any and all so-called moral rights they may have in the
entry(ies) submitted by him or her. Each entrant
hereby acknowledges that such entrant does not reserve any rights in and to
his/her entry(ies). Sponsor
shall have no obligation (express or implied) to use any entry, or to otherwise
exploit any entry or, if commenced, to continue the distribution or
exploitation thereof, and Sponsor may at any time abandon the use of the entry(ies) for any reason or no reason at all, and
no entrant shall be entitled to any damages or other relief by reason thereof.
5.
ELIGIBILITY: Open to legal residents of the 50 United
States and the District of Columbia, between the ages of
13 and 18 at time of entry, and whose Instagram setting is public. Legal
residents of Canada (excluding Quebec) who have reached the aforementioned age
in their province of residence at time of entry, and whose Instagram setting is
public, are also eligible to enter. Void in Puerto Rico and where
prohibited by law. Employees
of Sponsor, its parents, affiliates and subsidiaries, participating advertising
and promotion agencies, independent judging organizations,
and prize suppliers (and members of their immediate family and/or those living
in the same of household of each such employee) are not eligible.
6.
CONDITIONS OF PARTICIPATION: Expenses not specifically included in
prize description and all taxes are the sole responsibility of the Winner. Each prize is awarded Òas isÓ with no
warranty or guarantee, either express or implied outside of manufacturer's
limited warranty. No transfer,
assignment or substitution of a prize permitted, except Sponsor reserves the right
to substitute prize for an item of equal or greater value in the event an
advertised prize is unavailable. The
Winner is required to comply with any and all applicable federal, state,
provincial, if Canadians are eligible to enter, and local laws, rules and
regulations. All federal, state and
local taxes, and any other costs not specifically provided for in these
Official Rules are solely the WinnerÕs responsibility. If the actual retail
value of any WinnerÕs prize is $600 or more, the Winner must complete a W9 form
and supply Sponsor with his/her social security number for tax purposes. An IRS Form 1099 will be issued in the
name of the Winner (or, if a minor, in the name of the minor) for the actual
value of the prizes received. Sponsor shall have no responsibility or
obligation to the Winner or potential Winner who are unable or unavailable to
accept or utilize prizes as described herein. Entrants agree to be bound by the
terms of these Official Rules and by the decisions of Sponsor, which are final
and binding on all matters pertaining to this Promotion. Winner (and parent or legal guardian if Winner
is a minor) may be required to sign and return an Affidavit of Eligibility, a
Liability Release and where legally permissible a Publicity Release within seven
(7) days following the date of first attempted notification.Failure to comply with this deadline may
result in forfeiture of the prize and selection of an alternate Winner. Return of any prize/prize notification
as undeliverable may result in disqualification and selection of an alternate Winner.
Winner hereby further agrees that it will sign any documents necessary to
transfer copyright of his/her submitted entry, if applicable, to Sponsor within
seven (7) days following the date of first attempted notification. By entering,
Entrant grants permission for Sponsor, and any of its affiliates and
subsidiaries, participating advertising and promotion agencies, and prize
suppliers to use the entrantÕs submission (including an altered form of the entry),
if any, for editorial, advertising and promotional purposes without additional
compensation, unless prohibited by law. If images are being submitted to
Sponsor as a requirement for entry, Entrants agree that they have all rights to
use the images submitted and to allow Sponsor, any of its affiliates and
subsidiaries, participating advertising and promotion agencies, and prize
suppliers to reuse any of the images, without any liability, for editorial,
advertising and promotional purposes. Additionally, acceptance of the prize by
Winner constitutes permission for Sponsor and any affiliates and subsidiaries,
participating advertising and promotion agencies, and prize suppliers to use
WinnerÕs name and/or likeness and biographical material for editorial, advertising
and promotional purposes without additional compensation, as well as on
Instagram to announce the Winner, unless prohibited by law. By accepting prize,
Winner agrees to hold Sponsor, its advertising and promotion agencies and their
respective parent companies, subsidiaries, affiliates, partners, representative
agents, successors, assigns, officers, directors, and employees harmless for
any injury or damage caused or claimed to be caused by participation in the
Sweepstakes or acceptance or use of the prize. Sponsor is not responsible for any
printing, typographical, mechanical or other error in the printing of the
offer, administration of the Sweepstakes or in the announcement of the prize. Any questions, comments or complaints
regarding the Sweepstakes should be directed to the Sponsor, not Instagram, and
you agree to release Instagram from any liability in connection with this Sweepstakes.
7. REPRESENTATIONS AND
WARRANTIES / INDEMNIFICATION: By participating in the Sweepstakes, entrant
warrants and represents that his/her entry is original to the entrant, has not
been previously published or won any award, and does not contain any material
that would violate or infringe upon the rights of any third party, including
copyrights (including, without limitation, copyrighted images or footage),
trademarks or rights of privacy or publicity. Modification of an existing image
does not count as original for purposes of this Sweepstakes. The entrant
further warrants and represents that entrant has all appropriate clearances,
permissions and releases for the entry, including releases from all persons
appearing in the photograph, location releases for all recognizable locations,
and releases from anyone who assisted in the creation of the photograph. The
entrant must be able to provide on request all appropriate clearances,
permissions and releases for the entry, including releases from all persons
appearing in the photograph, location releases for all recognizable locations
and releases from anyone who assisted in the creation of the photograph. The
image must not contain any personally identifiable information of any person.
Excepting those of Sponsor, the image must not contain or reference any names,
products or services of any company or entity or any third party trademarks,
logos, trade dress or promotion of any brand, product or service. If any person appearing in the image is
under the age of majority in their state of residence, the written consent and
signature of a parent or legal guardian is required. At SponsorÕs request, and
in its sole discretion, Entrants may be required to execute an assignment and
release transferring all rights and ownership of their image to Sponsor, the
form of such assignment to be determined by Sponsor. In the event an entrant
cannot provide all required releases, Sponsor reserves the right, in SponsorÕs
sole discretion, to disqualify the applicable entry or seek to secure the
releases and clearances for SponsorÕs benefit. The photograph may not feature
nudity or obscene language or material that is libelous or defamatory. Each
entrant hereby agrees to indemnify and hold the Sweepstakes entities harmless
from and against any and all third party claims, actions or proceedings of any
kind and from any and all damages, liabilities, costs and expenses relating to
or arising out of any breach or alleged breach of any of the warranties,
representations or agreements of entrant hereunder. Sponsor reserves the right
in its sole and unfettered discretion to disqualify any entry that it believes
contains obscene, offensive or inappropriate content, that does not comply with
these Official Rules or that is not consistent with the spirit or theme of the
Sweepstakes. Entries that do not comply with the above requirements may not be
eligible, and, if submitted, may be removed at any time in SponsorÕs sole
discretion. By participating in the Sweepstakes, each entrant unconditionally
accepts and agrees to comply with and abide by these Official Rules and the
decisions of Sponsor, which shall be final and binding in all respects.
8.
INTERNET/mobile: Sponsor
is not responsible for electronic transmission errors resulting in omission,
interruption, deletion, defect, delay in operations or transmission, theft or
destruction or unauthorized access to or alterations of entry materials, or for
technical, network, telephone equipment, electronic, computer, hardware or
software malfunctions or limitations of any kind, or inaccurate transmissions
of or failure to receive entry information by Sponsor or presenter on account
of technical problems or traffic congestion on the Internet, at any Web site,
or via the mobile phone or any combination thereof. If for any reason the Internet or mobile
phone portion of the program is not capable of running as planned, including
infection by computer virus, bugs, tampering, unauthorized intervention, fraud,
technical failures, or any other causes which corrupt of affect the
administration, security, fairness, integrity, or proper conduct of this
Sweepstakes, Sponsor reserves the right at its sole discretion to cancel,
terminate, modify or suspend the Sweepstakes. Sponsor reserves the right to
select winners from eligible entries received as of the termination date. Sponsor further reserves the right to
disqualify any individual who tampers with the entry process. Sponsor may prohibit an entrant from
participating in the Sweepstakes if it determines that said entrant is
attempting to undermine the legitimate operation of the Sweepstakes by
cheating, hacking, deception or other unfair playing practices or intending to
abuse, threaten or harass other entrants.
Caution: Any attempt by a participant to deliberately damage any Web
site or undermine the legitimate operation of the Sweepstakes is a violation of
criminal and civil laws and should such an attempt be made, Sponsor reserves
the right to seek damages from any such participant to the fullest extent of
the law.
9.
DISPUTES/CHOICE
OF LAW: Except where prohibited, each entrant agrees that: (1) any and all
disputes, claims and causes of action arising out of or connected with this or
any prize awarded shall be resolved individually, without resort to any form of
class action, and exclusively by state or federal courts situated in New York,
NY, (2) any and all claims, judgments and awards shall be limited to actual
out-of-pocket costs incurred, but in no event attorneys' fees; and (3) no
punitive, incidental, special, consequential or other damages, including
without limitation lost profits may be awarded (collectively, "Special
Damages"), and (4) entrant hereby waives all rights to claim Special
Damages and all rights to have such damages multiplied or increased. New York State law, without reference to
New YorkÕs choice of law rules, governs the Sweepstakes and all aspects related
thereto.
10.
SPONSOR: The Sponsor of this Sweepstakes is
Hearst Communications, Inc., 300 W. 57th Street, New York, NY 10019.