Good Earth Instagram Giveaway Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN.
1) PROMOTION PERIOD: [GOOD EARTH US] Instagram Giveaways (the “Sweepstakes” or the “Promotion”) start on the day they are announced (first time posted on brand’s Instagram page) and end at 11:59:59 PM ET (the “Promotion Period”) that same day.
2) ELIGIBILITY: The Promotion is open only to legal residents of the 50 United States and the District of Columbia, 18 years of age or older at the time of entry and who are registered users of Instagram (as further defined in Section 3 below). Employees of [GOOD EARTH US] (the “Sponsor”), and its respective parent companies, related subsidiaries and affiliated companies, prize suppliers, and advertising and promotion agencies including [@goodearth.us] and each of their respective agents, representatives, officers, directors, shareholders, and employees (collectively “Released Entities”), and the immediate families (spouse, and parents, children and siblings, and their respective spouses regardless of where they live) and individuals living in the same households, whether related or not, of the above, are not eligible to enter or win a prize. Each Entrant (the “Entrant”), by participating in the Promotion, agrees to be bound by the Official Rules and by Sponsor’ decisions. Void where prohibited or restricted by law. This Promotion is subject to all applicable federal, state, and local laws and regulations.
To Enter via Facebook:
1. Go to www.instagram.comand log into your Instagram account;
3. Look for the call to action (on the [GOOD EARTH US] page timeline) and then follow that call to action (i.e., post your comment along with any hashtag specified in the brand’s promotion post, like the post, etc.).
All entry information, captions, photos, and posts shall be collectively referred to herein as the “Entry”. Submissions must comply with the Guidelines and Restrictions defined below. Limit of one (1) Entry per person per promotion. If multiple entries are submitted only the first Entry received will be eligible, all other entries will be disqualified.
Usage of Instagram may require a mobile device and therefore you may be charged for standard data rates according to the terms and conditions in your agreement with your wireless carrier. You agree to incur at your sole cost any and all charges demanded by your wireless carrier. You should also check your device's features for capabilities and check the device manual for specific use instructions.
The person submitting the Entry must be the authorized account holder of such Instagram account, otherwise the Entry may be deemed void. In the event of a dispute over the identity of a potential winner, the Entry will be declared made by the authorized holder of the Instagram account used for entry, and potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of such Instagram account. The “authorized account holder” is the natural person assigned to the applicable Instagram account by Facebook. It is the sole responsibility of the Entrant to notify the Sponsor in writing if the Entrant changes his or her Instagram account during the duration of the Sweepstakes. Proof of submission of an Entry does not constitute proof of delivery of Entry. Multiple accounts may not be used, and anyone found to use multiple accounts to enter will be deemed ineligible.
Guidelines and Content Restrictions
· The Entry must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity, copyright, trademark or other intellectual property rights;
· The Entry must not disparage or embarrass Sponsor, their owners and employees, or any other person or party affiliated with the Promotion and administration of this Sweepstakes;
· The Entry must not feature brand names or trademarks of others;
· The Entry must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
· The Entry must not contain any materials relating to lotteries, gambling, tobacco, alcohol or drugs, pornography, adult-oriented content or any other sexually-explicit material;
· The Entry must not contain anything that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
· The Entry must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Entry is created.
If the Sponsor determines that the content of the Entry does not comply with the Guidelines and Content Restrictions, the Entry will not be eligible for any prize consideration and may be withdrawn without notice from the Sweepstakes at any time at the sole discretion of the Sponsor and/or Administrator.
BY SUBMITTING AN ENTRY, YOU ACKNOWLEDGE THAT YOUR ENTRY (INCLUDING YOUR USERNAME AND PROFILE PICTURE) MAY BE POSTED ON INSTAGRAM AND/OR SPONSOR’S PROPRIETARY WEBSITE AND/OR SOCIAL PAGES, WHERE IT MAY BE VIEWED, SHARED (BY USERS OF SOCIAL MEDIA AND VARIOUS OTHER INTERNET-BASED SITES) AND COMMENTED ON BY THE SPONSOR AND THE GENERAL PUBLIC.
Each Entry must be manually keystroked and manually entered by the individual Entrant; automated and/or repetitive electronic submission of entries (including, but not limited to, entries made using any script, macro, bot or service) will be disqualified and transmissions from these accounts or related e-mail or IP addresses may be blocked.
By submitting an Entry in this Promotion, Entrant agrees to comply with these Official Rules. Entries that do not comply with these Official Rules, as determined in Sponsor and/or Administrator’s sole discretion, will be disqualified from the Sweepstakes. Decisions of the Sponsor and/or Administrator are final and binding.
By entering this Promotion, winners agree to grant the Sponsor, its parent company, subsidiaries, and affiliates and its agents and designees, the exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, database rights and any other rights Entrant has in the Entry, and also the right and permission to edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, dub, adapt, publish, exploit, and use the content of and elements embodied in the Entry, in any media now known or hereafter devised (including without limitation, the Internet), for advertising and promotional purposes without additional compensation, except where prohibited by law. Each Entrant hereby represents and warrants that he/she is the original author/creator of his/her Entry and the Entry will not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Sponsor's use of information submitted to Sponsor in connection with this Promotion will be subject to the terms and conditions of these Official Rules.
4) PRIZE DRAWING: At the conclusion of the entry period, all eligible Entries posted will be entered into a random drawing from all eligible entries received. Drawings will be conducted by Sweepstakes Administrator (as defined below) whose decisions, along with the Sponsor, are final and binding on all matters relating to this Promotion. Potential winner is subject to eligibility verification and compliance with these Official Rules. Odds of winning a prize depend on the total number of eligible entries received. Potential winners are subject to eligibility verification and compliance with these Official Rules. Limit one (1) prize per person/household throughout the Promotion.
5) PRIZES: Please see quantity of prizes, prize description and average retail value (ARV) in the promotion post.
No substitutions, cash equivalents, or transfer of prizes permitted except at the sole discretion of the Sponsor, who reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value, except as otherwise provided herein. All prizes will be fulfilled within 6 to 8 weeks after notification, verification, and confirmation. No more than the listed number of prizes will be awarded.
6) POTENTIAL WINNER NOTIFICATION AND CLEARANCE: The Sponsor will contact the potential Winner via a comment/reply (“notification”) on their Entry on the [GOOD EARTH US] Instagram page. Potential Winner must respond to the notification via direct Instagram message to the [GOOD EARTH US] Instagram Page by clicking on the Instagram message icon and providing requested contact information in the Instagram message, and then clicking “send”. The required response to such direct message (e.g., full name, mailing address, email address, etc.) must be received within three (3) calendar days (including Weekends and Holidays) from the time initial direct message was sent or the potential winner will be disqualified, and an alternate potential winner will be selected. Sponsor assumes no responsibility for undeliverable direct message resulting from any form of active or passive filtering by Instagram or for insufficient space in user’s account to receive direct message. Return of any direct message as undeliverable will result in disqualification of potential winner and an alternate potential winner will be selected. Potential Winners may be required to complete, sign, and return an Affidavit of Eligibility and Liability Release and; where legal, a Publicity Release (collectively the “Affidavit”). The Affidavit must be returned to the Sponsor by the date stated in the notification email/letter or the prize will be forfeited and awarded to an alternate potential winner. If the potential winner (i) cannot be contacted after a reasonable attempt has been made (as determined in Sponsor’s sole discretion); or (ii) fails to timely return the completed Affidavit within the time specified; or (iii) refuses the prize; or (iv) the prize or prize notification is rejected or returned as undeliverable, then such potential winner will be disqualified and forfeits all rights to be deemed a winner and an alternate potential winner will be notified, time permitting. Upon prize forfeiture, no compensation will be given.
7) GENERAL: This Promotion is subject to the laws of the United States. Except as determined by the Sponsor in its sole discretion, no substitution of any prize shall be offered and no transfer of any prize to a third party is permitted. All federal, state, and other tax liabilities arising from a prize are the sole responsibility of each prize winner.
8) CONDUCT: By entering into this Promotion and/or receiving a prize, Entrants/winner agree to be bound by these Official Rules and the decisions of the Administrator and the Sponsor, which shall be final and binding in all respects and waive any right to claim ambiguity in the Promotion or these Official Rules. These Official Rules are accessible on the [GOOD EARTH US] Instagram page and throughout the Promotion Period. Failure to comply with these Official Rules will result in disqualification. The Sponsor reserves the right, at its sole discretion, to disqualify any individual: (a) suspected of tampering with the entry process or the operation of the Promotion; (b) to be acting in any manner deemed by the Sponsor to be in violation of the Official Rules; (c) to be acting in any manner deemed by the Sponsor to constitute unsportsmanlike or disruptive behavior, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9) LIMITATIONS OF LIABILITY: The Released Entities, Facebook, Sponsor, and agencies, assume no responsibility or liability for (a) any incorrect or inaccurate Entry information, or for any lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Promotion; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the operation of the Promotion; (d) inaccessibility or unavailability of the Internet or any combination thereof; or (e) any injury or damage to the participant’s or to any other person's computer which may be related to or resulting from any attempt to participate in the Promotion or download any materials from the Promotion. If, for any reason, the Promotion is not able to run through completion for reasons which may include, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, then the Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion in whole or in part, without further liability to the Entrants or third parties. In the event the Promotion is cancelled, Sponsor reserves the right to award the prize from among all eligible non-suspect entries received prior to the time of the action or event warranting such cancellation. With regard to this Promotion, the Sponsor will only contact the Entrants deemed as potential winners for purposes of clearance and awarding of any prize. The Official Rules prevail should there be any conflict or uncertainty relating to the Promotion based on information or advice provided by any of the Released Entities.
10) WINNER RELEASES: All Entrants, as a condition of entry into the Promotion, agree to release Released Entities, and Instagram from and against any and all liability, loss, claims, demands or actions of any kind whatsoever for injuries, damages, costs, or losses to persons or property which may be sustained in connection with: (a) accessing the Promotion page; (b) submitting an Entry or otherwise participating in any aspect of the Promotion; (c) the acceptance, receipt, ownership, use or misuse of any prize awarded; (d) any typographical or other error in these Official Rules or the announcement of the offering of the prize; or (e) any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. The winner shall bear all risk of loss or damage to the prize after it has been delivered. The Sponsor makes no representations or warranties of any kind concerning the appearance, safety, or performance of any prize.
Entrants agree to be bound by these rules and consent to the use of their names, social media handle, address, voices, photographs, any statements made by Entrants, actual or simulated likenesses, and/or biographical information for public relations, advertising and promotional purposes in perpetuity, throughout the universe, by Sponsor and its designees in any and all media, whether now known or hereafter devised, without notice or further compensation, unless prohibited by law.
12) DISPUTES; GOVERNING LAW. This Promotion is conducted in English (which will be given its everyday ordinary meaning), and any and all disputes will be resolved in the appropriate courts in the State of New Jersey exclusively, and subject to the laws of the State of New Jersey. Should there be a conflict between the laws of the State of New Jersey and any other laws, the conflict will be resolved in favor of the laws of the State of New Jersey. Entrants irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non-conveniens or lack of personal jurisdiction they may have. To the extent allowed by law, Entrants will not be permitted to obtain awards for, and each Entrant hereby waives, all rights to claim punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses.
13) WINNER LIST: Winners will be identified as described earlier directly on brand’s Instagram page in comments section.
Sponsor: [GOOD EARTH US], 155 Chestnut Ridge Road, Montvale NJ 07645.
Instagram is a registered trademark of Facebook, Inc. This promotion is in no way sponsored, endorsed, or administered by, or in association with Facebook. Entrants understand that you are providing your information to Sponsor, and not to Facebook. Any questions, comments or complaints regarding the Promotion are to be directed to Sponsor, at the address noted above, not Facebook.
Entrants are hereby authorized to copy these Official Rules on the condition that it will be for the Entrant’s personal use only.