SocialMoms #HealthWarriorSweeps Instagram Sweepstakes Official Rules
1. Eligibility: NO PURCHASE NECESSARY OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. SocialMoms #HealthWarriorSweeps Instagram Sweepstakes (the “Sweepstakes”) is open to all legal U.S. residents who are at least 18 years of age, except employees of Megan Media LLC (“Sponsor”), Health Warrior, and their respective affiliates, partners, subsidiaries, franchises, distributors, advertising and promotion agencies (collectively the “Sweepstakes Entities”), and the immediate families or household members of each. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited or restricted by law or regulations.
2. ENTRY PERIOD: The SocialMoms “#HealthWarriorSweeps” Instagram Sweepstakes (the “Sweepstakes”), sponsored by Megan Media, LLC d/b/a SocialMoms Network (“Sponsor”), begins on Tuesday, January 17, 2017, at 12:01 a.m. Pacific Time (“PT”) and ends on February 17, 2017, at 11:59 p.m. PT (the “Entry Period”), during which time all Instagram images must occur. Sponsor’s computer will be the official time clock for the Sweepstakes.
3. TO ENTER: Complete the following steps:
Step 1: If you do not have an Instagram account, sign up for your FREE account at http://instagram.com/.
Step 2: Access the Sweepstakes Official Rules at HealthWarriorSweeps.socialmoms.com
Step 3: Share a new image on Instagram (which can be a photograph) (the “Image”) on Instagram that answers the question “When Are You A Health Warrior?” along with the hashtag #HealthWarriorSweeps. All Images must be original and owned by the entrant. Copyright Images used without permission of copyright holder will be grounds for disqualification. Images must be shared publicly via Instagram and not from a “Private” account.
There is no limit to the number of images you share in the Sweepstakes, however, there is a limit of one (1) entry per person per email address for the entire Entry Period. Use of multiple email addresses or Instagram accounts by the same individual to enter is prohibited and such multiple entries shall be voided. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the authorized account holder of the email address associated with the Instagram account of the entry, which the entrant will have the obligation to establish. Entries generated by a script, computer programs, macro or other automated means will be disqualified. Sponsor is not responsible for late, incomplete, misdirected, delayed or undelivered entries, including without limitation inability to access Instagram, or entries not timely received due to telephone failures, Internet or website failures and disruptions, and ISP problems. Entries will be disqualified if they are late, incomplete and/or in excess of the stated entry limits. All eligible entries carry an equal chance of winning. Potential winners may be required to show proof of being the authorized account holder. Any entries attempted through the use of agencies or robotic, repetitive, automatic, programmed or similar methods will be void. Entries become the property of Sponsor and will not be acknowledged or returned. Limit one entry per household.
Alternative Free Entry Method: To enter the Sweepstakes using the alternative free entry method, send a postcard (postage prepaid) with your name, address telephone number and email address to SocialMoms Instagram #HealthWarriorSweeps Sweepstakes, PO Box 884, Ross, CA 94957. All entries must be received by 11:59 p.m. PST, February 13, 2017.
Entrants must be a member of good standing of Instagram in order to participate in the Sweepstakes. Instagram is not a sponsor of this Sweepstakes and does not endorse or otherwise have anything to do with this Sweepstakes. In the case of a dispute over an Instagram entrant, the authorized account holder of the Instagram account used to enter will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an Instagram account by www.instagram.com. Any information you provide in connection with the Sweepstakes is to Sponsor and not to Instagram. You understand that by using and interacting with Instagram, you are subject to the terms, conditions, and policies that govern the use of Instagram. You should therefore review the applicable terms and policies for Instagram, including privacy and data gathering practices, before using or interacting with Instagram.
4. PHOTO REQUIREMENTS, LICENSE, RESTRICTIONS:
(a) Entrant acknowledges, agrees, represents and warrants that, nothing in the Images infringes on any copyrights, confidential information, trade secrets or trademarks belonging to any person or entity other than you absent a suitable license, clearance or permission agreement, or violates any person's rights of privacy or publicity and that all necessary releases and permissions have been secured from anyone appearing in an Image or any person or entity with any rights in or to the Image.
(b) By sharing the Image, you grant Sponsor, for no additional compensation other than entry into the Sweepstakes, a non-exclusive, royalty-free, worldwide, perpetual license to publish, make available to the public, reproduce, edit, modify, exploit, make derivative works from or otherwise use the Image through any and all media available at any time during, or after, the Entry Period on any related websites, in any Sweepstakes materials, whether related or unrelated to the Sweepstakes, and at any other location, whether physical or online, that Sponsor, in its sole discretion, deems appropriate. You are responsible for securing necessary permissions and licenses for any materials contained in the Images.
(c) Images must be taken by Entrant and not contain material that:
Failure of any Image to comply with the above restrictions as determined by Sponsor, in its sole discretion, may result in disqualification of entrant. Without limitation, Sponsor reserves the right in its sole discretion to disqualify any Entry that, in their sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Sweepstakes or any other person or entity, does not comply with these Official Rules or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein. Entries shall not be acknowledged or returned. Images must be suitable for presentation in a public forum, in the sole determination of Sponsor.
5. RANDOM DRAWING/ODDS/NOTIFICATION: On or around February 21, 2017, Sponsor will select 1 potential Grand Prize winner in a random drawing from among all eligible entries received during the Entry Period. Potential winner will be notified in accordance with Section 5 below. Odds of winning depend on the number of eligible entries received. Limit of one (1) prize per household.
6. WINNER NOTIFICATION: Potential winner will be notified by direct message to their Instagram account they used on the entry submission. Any such direct message and follow up emails will instruct the potential winners on how to claim their prize. Winner must confirm his/her eligibility and ability to accept the prize within such seventy-two (72) hours of the notification, or prize will be forfeited and awarded to an alternate winner, provided sufficient time remains to notify and verify an alternate winner; otherwise prize will not be awarded. A potential winner will only be notified one time as set forth above for attempted prize notification. Proof of identify, age and/or legal residence may be required to claim the prize.
7. PRIZES: Total Actual Retail Value (ARV) of all prizes: $823.88
One (1) Grand Prize:
8. ADDITIONAL PRIZE RESTRICTIONS: Any prize details and restrictions not specified above will be determined by Sponsor in its sole discretion. Any costs and expenses not specifically described herein as part of a prize are the sole responsibility of the winners. Prizes are non-transferable; no substitutions or cash awards allowed, except at the discretion of Sponsor in which case a prize of equal or greater value will be awarded. All taxes (including without limitation federal, state and local taxes) in connection with a prize, and the reporting consequence thereof, are the sole responsibility of the winners. Each winner may be required to return an IRS W-9 form within the time period specified by Sponsor, and such winner will receive an IRS Form 1099 issued in his/her name for the actual value of prizes received. Sponsor makes no representations regarding the tax liability associated with any prize, and winners are advised to seek counsel regarding any tax liabilities associated with their prize. To claim a prize, potential winners may be required to complete a notarized affidavit of eligibility (provide proof of winner’s age, residency and legal status), a liability release and (where legal) a publicity release, which must be returned within the time period specified by Sponsor. Any winner may be disqualified at Sponsor’s sole discretion if: (a) any required documents are not completed and returned within the required time period; (b) potential winner fails to comply with any of the terms of these Official Rules, or (c) if any prize or prize notification is returned as undeliverable. In the event of disqualification of a winner, assuming there is sufficient time available for winner notification and verification, at Sponsor’s sole discretion the prize may be awarded to an alternate winner selected from among the remaining eligible entries, pending verification of eligibility. No responsibility is assumed by Sponsor for any incorrect postal address, email address or phone number associated with an entry, or any change of address, email or phone number of entrant after entry submission.
9. GENERAL: Sweepstakes Entities and Internet/wireless access providers are not responsible for incomplete, late, lost, misdirected or postage-due entries or mail, or for any technical malfunction, human error, lost/delayed data transmission, omission, interruption, deletion, defect or line failure in connection with any telephone network, computer equipment, software or any combination thereof. Entries are void if unreadable, inaccurate, incomplete, mutilated, tampered with, forged, mechanically reproduced, irregular in any way or otherwise not in compliance with these Official Rules. Sweepstakes Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished or made available in connection with the Sweepstakes. Although Sponsor attempts to ensure the integrity of the Sweepstakes, Sweepstakes Entities are not responsible for the actions of entrants or other individuals in connection with the Sweepstakes, including entrants' or other individuals' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Sweepstakes Entities are not responsible for injury or damage to entrant's or to any other person's computer(s), wireless devices, other equipment or person(s), related to or resulting from participation in the Sweepstakes or downloading materials from or using any website. In the event of any conflict between any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any Sweepstakes advertising materials, the details of the Sweepstakes as set forth in these Official Rules shall prevail. If, for any reason, the Sweepstakes is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, by reason of any acts of God, terrorist acts, earthquake, war, fire, flood, unusually severe weather, strikes or legal disputes (whether legal or illegal), industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine or otherwise affect the administration, security, fairness, integrity, viability or proper conduct of the Sweepstakes, Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify or suspend all or any part of the Sweepstakes, and to select winners from among all eligible entries received up to the time of such cancellation, termination, modification or suspension, as applicable, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. Screen shots or any other evidence of entry submission will not be deemed receipt of any such entry. Entry must be made by the entrant and via the means described above in Section 3 only. You are not a winner until your entry has been verified and you have complied with these Official Rules.
10. RIGHTS OF PUBLICITY: By entering this Sweepstakes, unless prohibited by law, each potential winner consents to use of his/her respective name, nickname, Instagram handle, voice, photograph and/or likeness and city and state of residence for advertising or publicity purposes for this and similar promotions without compensation, and may be required to provide a signed release acknowledging such consent except where prohibited by law. Moreover, by entering this Sweepstakes, unless prohibited by law, each potential prize winner agrees to grant to Sponsor, Prize Provider, and their licensees, affiliates and assigns, the right to print, publish, broadcast and use worldwide in any media now known or hereafter developed, including without limitation the World Wide Web, at any time or times, the prize winner’s respective name, Instagram handle, likeness (actual or simulated), voice (actual or simulated) and biographical information as news or information and for advertising and promotional purposes without additional consideration except where prohibited by law; and further, without such additional compensation, appear for or provide biographical information for use in any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by Sponsor in its sole discretion.
12. RELEASE AND INDEMNIFICATION: BY ENTERING THE SWEEPSTAKES, ENTRANTS FOREVER AND IRREVOCABLY RELEASE, INDEMNIFY AND HOLD THE SWEEPSTAKES ENTITIES, INSTAGRAM AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SHAREHOLDERS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “RELEASES”) HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE SWEEPSTAKES, ATTENDANCE OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY (INCLUDING BUT NOT LIMITED TO ANY IMAGES SHARED IN CONNECTION WITH THIS SWEEPSTAKES), OR RESULTING DIRECTLY OR INDIRECTLY FROM THE ACCEPTANCE, POSSESSION, 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 AND THE COLLECTION, USE AND/OR SHARING BY SPONSOR OF PERSONALLY IDENTIFIABLE INFORMATION OF THE ENTRANTS, OR FOR ANY PRINTING, PRODUCTION, TYPOGRAPHICAL, HUMAN OR OTHER ERROR IN THE PRINTING, OFFERING OR ANNOUNCEMENT OF ANY PRIZE.
13. LIMITATION OF LIABILITY: IN NO EVENT WILL RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF ANY ACCESS TO AND/OR USE OF ANY WEBSITE, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITE, THE REMOVAL FROM ANY WEBSITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR ATTENDANCE OR PARTICIPATION IN, ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES. RELEASEES SHALL NOT BE RESPONSIBLE FOR ANY CANCELLATIONS, DELAYS, DIVERSIONS OR SUBSTITUTIONS OR ANY ACT OR OMISSIONS WHATSOEVER BY THE AIR CARRIER(S), HOTEL(S) OR OTHER TRANSPORTATION COMPANIES OR ANY OTHER PERSONS PROVIDING ANY OF THESE SERVICES OR ACCOMMODATIONS TO ANY PRIZE WINNER OR THEIR GUEST HEREUNDER, INCLUDING ANY RESULTS THEREOF SUCH AS CHANGES IN SERVICES OR ACCOMMODATIONS NECESSITATED BY SAME. WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES, ALL PRIZES AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
14. GOVERNING LAW: Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of 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.
(b) Severability and Headings: If any provision of these Official Rules is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
(c) Winners: To receive the name, city and state of the winners, send a self-addressed, stamped envelope to: Megan Media c/o SocialMoms Instagram #HealthWarriorSweeps Official Rules, PO Box 884, Ross, CA 94957. Requests must be received by December 31, 2017. VT residents may omit return postage.
(d) Rules Requests: To receive a copy of these Official Rules, send a self-addressed, stamped envelope to: Megan Media c/o SocialMoms Instagram #HealthWarriorSweeps Official Rules, PO Box 884, Ross, CA 94957. Requests must be received by February 31, 2017. VT residents may omit return postage.
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