NO PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE CHANCES OF WINNING.ELIGIBILITY:
The Red Bull Instagram Contest (“Contest”) call for entry period begins on June 27, 2012 at 12:00:00 a.m. Eastern Standard Time (“EST”) and ends on July 18, 2012 at 11:59:59 p.m. EST (“Promotion Period”). The Contest is open to legal residents of the 50 United States and the District of Columbia, who are at least 21 years of age and the age of majority in their jurisdiction of residence at time of entry. Void where prohibited. Employees of Spin Media, LLC (“Sponsor”) and Red Bull North America, Inc. (”Red Bull”)and their parent companies, subsidiaries, affiliates, advertising agencies, public relations agencies, prize suppliers, including any vendors providing services in connection with this Contest (collectively, the “ Affiliates”), and employees, agents, directors, officers (including members of their immediate family – i.e., spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren – or those living in the same household) of Sponsor or any Sponsor Affiliates are not eligible to participate. Contest is subject to all applicable federal, state, and local laws.
During the Promotion Period, go to www.spin.com (“Contest Site”) and follow the instructions to submit your original Instagram image. Sponsor reserves the right, at its sole discretion, to disqualify any entry Sponsor believes violates, or potentially violates, these Contest Rules. The entrant’s chosen username may be publicly posted to the Contest Site and the posted on the Sponsor and Red Bull web sites during the Promotion Period and after the Promotion Period which will be at full discretion of Sponsor and Red Bull. Instagram Entries – As described on the instructions page, entry will require that you upload an original image to Instagram. All entries along with the entrant’s Instagram account name may be publicly posted on the Contest Site during the Promotion Period and after the Promotion Period, which will be at full discretion of Sponsor and Red Bull. For each image submitted that meets the entry criteria set forth in these Official Rules, the entrant shall receive one (1) entry in the Grand Prize Drawing (discussed below). There is a limit of ten (10) Instagram entries per day (defined as 12:00:00 AM EST to 11:59:59 PM EST) per person. Sponsor is not responsible for lost, late, misdirected entries or entries not received regardless of cause. In the event of a dispute over who submitted an entry, the entry will be deemed to have been directly submitted by the authorized account holder of the e-mail account identified in the entry (or, if none, the primary e-mail address associated with the Instagram account identified or the Facebook account identified, as applicable to the manner of entry). The authorized account holder is deemed to be the natural person who is assigned to the e-mail address associated with the submitted email account by the relevant entity responsible for assigning e-mail addresses for the relevant domain. Entries become the property of Sponsor and will not be returned.
REQUIRED REPRESENTATIONS AND WARRANTIES:
To be eligible, all Instagram entries must comply with the following restrictions:
(i) Your image must be your own original image, created and shot by and/or featuring you; must not have been previously published, released or distributed in any form; must not have been entered into any other drawing or competition nor won any award; and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity. Modification of an existing image does not count as original for purposes of this Contest.
(ii) You represent that you have the express consent of any identifiable persons appearing in the image to their likeness being used in the ways set out in these Official Rules, including Sponsor’s right and Red Bull’s right to use the image for any future commercial purpose without restrictions. Upon request, you will obtain written consent of any such persons for Sponsor. 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. The image must not contain any personally identifiable information of any person.
(iii) 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.
(iv) The image must not be lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, violate any laws or otherwise contain content which Sponsor in its sole discretion decides is inappropriate or objectionable.
Entries that do not comply with the above requirements may not be eligible and, if submitted, may be removed at any time in Sponsor’s sole discretion. Sponsor reserves the right in its sole discretion to disqualify any entry that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. Entrants agree to reimburse Sponsor and Sponsor Affiliates in full in respect of any losses, damages, and expenses, including reasonable attorney fees that they may sustain from the breach of a representation or warranty made by the entrant or the use of any rights granted by the entrant to Sponsor hereunder. By entering, entrant warrants that the submitted image complies with the entry requirements set out above including those at (i)-(iv) above. By entering, entrant grants to Sponsor and Red Bull a non-exclusive, worldwide, royalty-free, sub-licensable, assignable license to reproduce that image and to otherwise use, exploit, copy, modify, adapt, edit, publish and display the image in any form, manner, venue, media or technology now known or later developed for any and all purposes, including, without limitation, for purposes of trade, advertising, and promotion as Sponsor, Red Bull and its licensees or assignees determine, without further compensation, notification, or permission. Further, by entering, the entrant hereby waives any moral rights the entrant may have in the image in favor of the Sponsor and Red Bull. At Sponsor’s 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.
Entries may be submitted during the Promotion Period. One (1) grand prize winner (the “Grand Prize Winner”) will be chosen from among all eligible entries received during the Promotion Period on or around the week of July 18, 2012.
Sponsor reserves the right to disqualify the entrant in its sole discretion. If the internet validation process fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, Sponsor reserves the right to use another means to determine the winner(s), i.e. ask Judges to determine qualifying entries. If it is discovered that attempts were made to by an individual to:
(i) submit more than the ten Instagram entries per day (defined as June 27, 2012 at 12:00:00 AM EST to July 18, 2012 at 11:59:59 PM EST) during the Promotional Period;
(ii) use (or attempt to use) multiple names, identities, email addresses and/or any automated, script, macro or robotic program(s) to submit entries; and/or
(iii) engage in systematic submission of entries from the same computer/IP address;
then it may result in the disqualification, in the sole and absolute discretion of the Sponsor, of the entries and/or entrant to which such votes relate. Any entries determined by Sponsor to be in violation of these Official Rules are subject to disqualification in the sole and absolute discretion of the Sponsor. All entries are subject to verification. The sole determinant of the time for the purposes of a valid entry in this Contest will be the Contest server machine(s).
PRIZES: The one (1) Grand Prize Winner shall be awarded. NO PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE CHANCES OF WINNING.
PRIZES: The one (1) Grand Prize Winner shall be awarded two (2) Lollapalooza Passes to Lollapalooza 2012 in Chicago on August 3, 20102 to August 5, 2012 , with an approximate retail value (“ARV”) of US $1,000.00 per pass (for total ARV US$2,000.00. The prize (the “Prize”) includes paid travel arrangements to Chicago, Illinois and hotel accommodations as follows: round-trip airfare for Grand Prize Winner and one (1) guest, coach class, between a major airport near Grand Prize Winner’s residence and an airport in or near Chicago, in Sponsor’s sole discretion, with an approximate ARV of US$800 per person; hotel accommodations for two (2) consecutive nights at a hotel of Sponsor’s selection in or around Chicago, Ill (one standard room/double occupancy) (ARV US$300 per night for two (2) nights, total ARV US$600); Total ARV of the Prize: US$4,200.00 (based on a New York departure example).
Any and all travel arrangements must be made through Sponsor’s agent. Any other costs and expenses associated with Prize acceptance and use not specifically provided herein (such as security fees, gratuities, luggage fees, meals and transportation (including ground transportation to and from the airport), and incidental charges) are the responsibility of the Grand Prize Winner. Ground transportation may be provided in lieu of air transportation if finalist resides within a 100 mile radius of destination, and no compensation or substitution will be provided for difference in value. Grand Prize Winner and travel companion must possess and show valid travel documents, prior to departure (e.g. valid driver’s license, passport, or other acceptable government-issued identification). Any travel guest must be twenty-one (21) years of age or older and the age of majority in his/her jurisdiction of residence. Winner and travel guest must sign a Release of Liability/Publicity prior to any ticketing for travel. Once airline tickets have been ticketed, no changes by finalist will be permitted. Sponsor will determine airline, airports, flight itinerary, and hotel in its sole discretion. Travel and accommodation restrictions, conditions, and limitations may apply. Sponsor will not replace any lost, mutilated, or stolen tickets or travel vouchers.
The Prize is awarded “AS IS.” Neither Sponsor nor Sponsor Affiliates make offer any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this Contest or the Prize. Prize details and availability are subject to change, in which case a prize of equal value may be substituted at Sponsor’s sole discretion. The Prize consists only of the items listed, are non-transferable, with no cash redemption or substitution except at Sponsor’s sole discretion. The Prize is subject to terms, conditions, expiration dates, and restrictions imposed by the manufacturer of the Prize or issuer in the case of a gift card or similar instrument. Federal, state, and local taxes on prizes, if any, and any other costs, fees and expenses not listed above as specifically included as part of the prize are the sole responsibility of winner.
The odds of winning the Prize depend upon the number of completed entries received.
The Potential Winner will be notified at the email address provided at the time he or she claimed his or her qualifying score. The Potential Winner will have 48 hours from the moment such Notification is issued to respond to such Notification by following the instructions provided therein. If the Potential Winner timely responds to such Notification, the Potential Winner may be required to sign, notarize and return an affidavit of eligibility/liability, photo releases and publicity release within 48 hours of the date of notification. Return of any prize notification as undeliverable will result in disqualification and selection of an alternate winner. If the Potential Winner does not reply to the notification within the 48-hours limit provided above, is ineligible, or cannot or does not comply with the Official Rules, the Potential Winner will be disqualified, the prize will be forfeited and an alternate winner may be selected, at Sponsor’s discretion, in a second chance drawing of all eligible entries received during the Promotion Period. By entering and/or participating, Entrants agree
(ii) that the decision of the Sponsor is final and binding on all matters relating to the Contest;
(iii) to be contacted by Sponsor by e-mail, telephone and/or mail; And
(iv) to release and hold Sponsor and the Released Parties (defined below) from and against any and all liability for injuries and/or damages (including death) sustained in connection with acceptance, possession, use and/or misuse of the Prize or related to participation in the contest. Except where prohibited by law, by accepting the Prize, the winner consents to the use of his or her Name, Voice, Picture or other Likeness for advertising, promotional and other purposes in any media as determined by sponsor without further approval or compensation.
PUBLICITY & MARKETING:
NO LIABILITY & INDEMNIFICATION:
Neither Sponsor, Sponsor Affiliates, Red Bull, Facebook, Inc., Instagram, Inc., nor Twitter nor their respective directors, officers, employees, agents and assigns, (“the Released Parties”) are responsible for and entrants release each from any failures of any kind (whether caused by computer, technical, or human error) which may either limit the entrant’s ability to submit an entry, register a vote, claim a prize, or otherwise participate in this Contest, or a Released Party’s ability to include all eligible entries, votes, judging, notify potential winners, or otherwise execute this Contest in the manner intended. Entrants further release and agree to indemnify the Released Parties from all liability, claims or actions of any kind for injuries, death, damages, or losses to persons or property alleged to have been sustained in connection with this Contest including, but not limited to: (a) the receipt, ownership or use of any prize awarded; (b) any travel or prize-related activity; (c) any typographical or other error in these Official Rules or any other materials disseminated by Sponsor; and (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with any equipment, systems, networks, lines, satellites, servers, computers, or providers used by an entrant or Released Party.
Decisions of Sponsor on all matters related to the Contest are final. Sponsor reserves the right to cancel or modify the Contest for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the Contest, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Contest as determined by Sponsor, in its sole discretion. Sponsor reserves the right to disqualify or prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation or with any provision in these Official Rules. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL & CIVIL LAWS. SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND/OR SEEK DAMAGES FROM ANY INDIVIDUAL MAKING ANY SUCH ATTEMPTS TO THE FULL EXTENT PERMITTED BY LAW.
GOVERNING LAW & MANDATORY ARBITRATION:
Any disputes arising under this Contest and/or these Official Rules will be governed by the internal laws of the State of New York. Sponsor and each entrant agree that any such claim or dispute between the parties, or between a party and any agent, employee, successor, or assign of the other, related to this Contest and/or these Official Rules (including the applicability of this arbitration clause) shall be resolved by binding arbitration administered by the American Arbitration Association before a single arbitrator under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from American Arbitration Association’s website. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
NO AFFILIATION WITH FACEBOOK, TWITTER, INSTAGRAM:
This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram, Facebook, or Twitter. Any questions, comments or complaints regarding the Contest should be directed to Sponsor, not Instagram, Facebook, Twitter, nor any named or depicted third party sponsor as described above.
SPONSOR: Spin Media, LLC, 408 Broadway, 4th Floor, New York, NY 10013