Sweetest Family Challenge – Terms and Conditions
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS EXIST BUT HAVE NOT BEEN MET. BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO THESE TERMS AND CONDITIONS, WHICH ARE A CONTRACT—READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES A RELEASE FROM YOU, AND A LIMITATION OF CERTAIN OF YOUR RIGHTS AND REMEDIES.
The "Sweetest Family Challenge" (the "Sweepstakes") is sponsored by POPSUGAR Inc., having a corporate address of 111 Sutter Street, 14th Floor, San Francisco, California 94104 ( "Promoter" or "Sponsor"). Entrant's ("your," "you," or "entrant") registration and participation in the Sweepstakes shall be governed by the terms and conditions contained herein (the "Ts&Cs"). The Sweepstakes is subject to all applicable laws and regulations and is void where prohibited.
TERMS AND CONDITIONS:
1. This Sweepstakes is open to legal residents physically residing in the fifty (50) United States, aged 18 or over, or who meet the relevant jurisdiction's minimum age requirement, excluding employees of Promoter, Kraft Foods Group, Inc. (collectively "Promotion Parties") and their immediate families, household members, agents or anyone else professionally connected with this Sweepstakes. Winner may be required to furnish proof of identity, address, and birth date in order to receive a prize.
2. Sweepstakes Period: Enter the start and end time periods outlined below. The Promoter's computer is the official time-keeping device for the Sweepstakes.
Event Timeline Pacific Standard Time
Start of Campaign: Monday, June 15, 2015, 09:00 AM PST
End of Campaign: Tuesday, June 30, 2015, 11:59 PM PST
3. Entry: To enter, complete the following steps during the Sweepstakes Period, in order to be entered into the Sweepstakes:
a. Upload a photo of your family to your Instagram account
b. Hashtag #SweetestFamilySweepstakes and #JELLO on the photo you uploaded
c. Enter your first and last name and email address here: http://www.popsugar.com/moms/Sweetest-Family-Challenge-37665671
You may also enter by mailing your name and address to Sweetest Family Challenge to POPSUGAR Inc., 111 Sutter Street, 14th floor, San Francisco, California, 94104. To be considered eligible in the Sweepstakes, entries must be postmarked no later than Tuesday, June 30, 2015 and received no later than Thursday, July 2, 2015.
4. By entering this Sweepstakes you agree to be bound by these Ts&Cs.
5. By submitting an entry in the Sweepstakes, entrant confirms and warrants that his/her entry is original to the entrant and does not contain any material that would violate or infringe upon the rights of any third party, including all copyright and rights in the nature of copyright, trademarks, and rights of privacy or publicity ("Rights"), in the entry and acknowledges and agrees that Promoter will own all such Rights. The entrant further warrants and represents that it 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, and in the event that entrant cannot provide all required releases, Promoter reserves the right in its sole discretion, to disqualify the applicable entry or seek to secure the releases and clearances for Promoter's benefit. The photograph may not feature nudity or obscene language or material that is libelous or defamatory. Each entrant therefore hereby irrevocably grants, transfers, sells, assigns, and conveys to Promoter and its successors and assigns, all Rights of whatsoever kind in and to the entry for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or later devised. Promoter shall have the right, in its sole discretion to edit, composite, morph, scan, duplicate, or alter the entry for any purpose which Promoter deems necessary or desirable and entrant hereby waives all moral rights in the entry and any similar rights elsewhere in the world. Each entrant hereby acknowledges he/she does not reserve any rights in his/her entry.
6. Maximum of one (1) entry into the Sweepstakes per person, per household, and per email address. Only one Instagram account per email address is permitted. Entrants must not use multiple Instagram accounts to enter the Sweepstakes, and any such entries will be disqualified. If you do not have an Instagram account, one may be opened free of charge by downloading the Instagram application for iPhone/iPad from the App Store, your Android from Google Play or your Windows Phone from the Windows Phone Store.
7. No purchase is necessary to participate in this Sweepstakes. Odds of winning will depend on how many entries are received.
8. Prize(s): One (1) winner will win a $5,000 Visa® gift card . Prizes will be delivered to confirmed winner to a valid U.S. address. The value of any gift cards or certificates provided is less any applicable activation, transaction, or maintenance fees and subject to certain fees, terms, conditions, and restrictions, which will be disclosed on the gift card. Promoter is not responsible if the gift card is lost, stolen, destroyed, or used without permission, and the gift card will not be replaced. Any third party prize entities have not sponsored this Sweepstakes in any way.
9. Approximate retail value of the Prize is four thousand and five hundred U.S. Dollars ($5,000). In no event will Promotion Parties be responsible for travel costs exceeding $5,000. Prizes issued, including the Prize, are not redeemable for cash and are not transferable; with no substitution allowed except, at Sponsor's sole discretion, for a prize of equal or greater value. Decisions of the Sponsor are final and binding with respect to all matters related to the Sweepstakes. In no event shall the Sponsor be obligated to award more prizes than the number of prizes stated in these Official Rules.
Winner and any guest of Winner must be at least eighteen (18) years of age, and the age of majority in their respective state as of the date of entry. Winner and any guest of Winner must have valid identification and any other documents necessary for travel. Winner shall be responsible for scheduling all travel arrangements, including but not limited to the booking of all flights and hotel. Any costs associated with the receipt of and/or use of the Prize that are not expressly stated above are not included in the Prize and are the responsibility solely of the Prize Winner. Such costs may include, without limitation, any ground transportation, any unspecified state or local taxes or government surcharges or fees, service charges, facility fees, security fees, passenger tariffs or duties, trip and travel insurance and premiums, meals, drinks, incidentals, gratuities, telephone calls, charges for changing dates or other personal costs and expenses not specified herein and are the sole responsibility of the Prize Winner. Should the Prize Winner elect to travel or partake in the Prize trip with no guest, no additional compensation will be awarded to the Prize Winner. Air transportation and hotel accommodations must be taken together and cannot be taken separately. Sponsor will not replace any lost or stolen tickets, travel vouchers or certificates or similar items once they are in the Prize Winner's possession or in the possession of the Prize Winner's guest. Prize of travel is subject to capacity controls, availability, blackout dates and certain other restrictions, which may include a Saturday night stay.
Winner will determine airline and flight itinerary in its sole discretion. Any unclaimed and/or unused Prize travel package or element thereof will be forfeited by Prize Winner and/or his/her guest and will remain the property of Sponsor. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in these Official Rules and those set forth by the airline provider, as detailed in the passenger ticket contract issued by such supplier. Winner shall be responsible and liable for all federal, state, and local taxes on the value of the prize and for all costs and expenses related to the Prize that are not specifically mentioned herein, including, but not limited to: additional ground transportation, room service, parking fees, food, alcoholic beverages, tips, and gratuities.
In the event a winner and his or her guest engages in behavior that, as determined by Sponsor in its sole discretion, is obnoxious or threatening, disruptive, inappropriate, illegal or that is intended to annoy, abuse, threaten or harass any other person (or if the Prize Winner and/or his or her guest has in the past engaged in such behavior and that subsequently becomes known to Sponsor), Sponsor reserves the right to send the Prize Winner home with no further compensation.
10. There is no cash alternative in whole or in part for the Prize, and the Prize is non-transferable and non-exchangeable. There will be no refund for unused portions of the Prize. No compensation or alternative to the Prize will be offered due to inability to attend, claim or use the Prize or due to any delay on the part of the winner; provided, however that Promoter reserves the right to substitute a prize of equal or greater monetary value for any Prize. In no event shall the Promoter be obligated to award more prizes than the number of Prize(s) stated in these Ts&Cs.
11. Winner Selection: Winner will be selected at random by computer-generated randomizer from all valid entries received during the Sweepstakes Period. Winner shall be the person whose Instagram account was used to submit the winning entry into the Sweepstakes, and an entry will be deemed to have been submitted by the person in whose name the Instagram account is registered. Promoter reserves the right to deliver Prize(s) directly to the email and/or mailing address provided by an entrant in his or her entry to the Sweepstakes.
12. Winner notification: The winner will be contacted by email the end of the Sweepstakes Period. The winner will be required to do the following as qualifying criteria of the Sweepstakes that must be met in order to receive the Prize: (a) respond to Promoter within five (5) business days of initial contact to confirm eligibility; and (b) sign an affidavit or declaration of eligibility and liability and publicity release form and (c) return it to Promoter within five (5) business days of attempted delivery. If a winner fails to complete either of the foregoing qualifying criteria, such winner may be disqualified and an alternative winner may be selected. Other restrictions may apply, and an entrant or winner may be disqualified from the Sweepstakes if he or she fails to comply with any provision of these Ts&Cs as determined in Promoter's sole discretion.
13. Winner shall be responsible and liable for all federal, state, and local taxes on the value of their prize. If required by Promoter, the winner must complete and return to Promoter an IRS Form W-9 that reflects winner's Taxpayer Identification Number or Social Security Number. The winner may receive from Promoter an IRS form 1099-MISC at the end of the calendar year, and a copy of such form will also be filed with the Internal Revenue Service.
14. Unless prohibited by applicable law, the acceptance of the Prize by the winner constitutes the winner's permission for Promoter to use winner's name, address, biographical information, and testimonials for advertising and/or publicity purposes in connection with this Sweepstakes only, worldwide, and in all forms of media now known or hereafter developed, in perpetuity, and without further compensation.
15. Winner publication: The names and locations of confirmed winner(s) will be available for one (1) year after the end of the Entry Period by sending a request to the Promoter address at the end of these terms.
16. Normal time, toll, connection, and usage rates, if any, charged by your Internet Service Provider may apply.
18. This Sweepstakes is not endorsed by, administered or associated with Instagram. Entrants hereby release Instagram from all responsibility and liability in respect of the Sweepstakes.
19. Incomplete, illegal, misdirected or late entries, or entries not in accordance with these Ts&Cs, will not be accepted. Proof of sending will not be accepted as proof of delivery. Releasees (defined below) take no responsibility for entries delayed, incomplete, illegible, unintelligible, misdirected, damaged or lost due to technical reasons or otherwise.
20. Promoter reserves the right, in its sole discretion, to disqualify any individual or void any entry or Prize award to any entrant who corrupts or affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes or is otherwise in violation of any law or of these Ts&Cs. This includes, for example, the use of computer 'script,' 'macro,' or 'brute force,' masking identities by manipulating IP addresses, or using any automated means in order to increase entries into the Sweepstakes in a manner that is not consistent with the spirit of the Sweepstakes.
21. If, for the reasons set forth in Section 16, or other reasons outside the reasonable control of the Promoter, the Sweepstakes cannot be run or administered as planned, Promoter reserves the right to cancel, modify or suspend the Sweepstakes (subject to any written directions given under applicable law), and Promoter shall post a notice on the Sweepstakes entry page to such effect. Promoter further reserves the right, in its sole discretion, to modify, cancel, or suspend this Sweepstakes for any reason that Promoter believes in good faith is fair to the entrants.
22. Decisions of Promoter are final and binding with respect to all matters related to the Sweepstakes. If an act, omission, event or circumstance occurs which is beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these Ts&Cs, the Promoter will not be liable for any failure to perform or delay in performing its obligation.
23. Entrants shall understand and agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state or territory of the United States that they may have with respect to the release provisions herein are hereby expressly and forever waived. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR.
24. RELEASE AND INDEMNIFICATION: BY ENTERING THIS SWEEPSTAKES, ENTRANTS FOREVER AND IRREVOCABLY AGREE TO DEFEND, INDEMNIFY, RELEASE, INDEMNIFY, AND HOLD HARMLESS PROMOTION PARTIES, INSTAGRAM AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY "RELEASEES") FROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, COSTS, EXPENSES, DAMAGES, RIGHTS, CLAIMS, LAWSUITS, PENALTIES, PROCEEDINGS, JUDGMENTS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE SWEEPSTAKES, ENTRY, PARTICIPATION OR IN ABILITY TO PARTICIPATE IN ANY SWEEPSTAKES-RELATED ACTIVITY (INCLUDING, WITHOUT LIMITATION, THE REMOVAL FROM THE SITE
OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, RECEIPT, DELIVERY, POSSESSION, ATTENDANCE AT, TRAVEL RELATED TO, DEFECT, USE, INABILITY TO USE OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY.
25. Releasees do not make any, and hereby disclaim any and all, representations or warranties of any kind regarding any Prize, including any warranty of fitness or merchantability, or representation with respect to the function or operation of the Prize.
26. Releasees shall not be liable for any electronic miscommunications or failures, nor technical hardware or software failures of any kind with respect to the Prize or the Sweepstakes.
27. Entrant(s) and winner(s) have been given a full opportunity to review and analyze these Ts&Cs and fully and completely understand all of the terms of these Ts&Cs. Entrant(s) and winner(s) acknowledge and agree that this is a complete RELEASE and DISCHARGE of all claims and rights against the Releasees, and that no action will be taken by or on behalf with respect to any such claims or rights, it being understood that this release shall be binding upon entrant(s)' and/or winner(s)' heirs, executors, and administrators, and anyone claiming by or through entrant(s) or winner(s).
28. This Sweepstakes shall be governed by California law without regard to its conflicts of laws provisions. By participating in this Sweepstakes, entrants hereby irrevocably consent to exclusive jurisdiction and venue in the state and federal courts of San Francisco, California for any dispute or litigation arising from or relating to this Sweepstakes.
SPONSOR: POPSUGAR Inc., having a corporate address of 111 Sutter Street, 14th Floor, San Francisco, California.