Julia Despin’s Instagram Challenge Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS CONTEST. A PURCHASE WILL NOT INCREASE THE CHANCES OF WINNING.
THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM, LLC (“INSTAGRAM”).
WINNER WILL BE REQUIRED TO RESPOND TO WINNER NOTIFICATION AND OTHER COMMUNICATIONS FROM SPONSOR WITHIN SEVEN (7) DAYS ACCORDING TO THE NOTICE(S) FROM SPONSOR OR ANY PRIZE WON MAY BE FORFEITED (IN SPONSOR’S SOLE DISCRETION).
BY PARTICIPATING, EACH ENTRANT AGREES TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. PLEASE READ THESE OFFICIAL RULES CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE RELEASED PARTIES (DEFINED BELOW) FROM ENTRANTS AND A LIMITATION OF ENTRANTS’ RIGHTS AND REMEDIES. THIS CONTRACT ALSO REQUIRES ENTRANTS TO RESOLVE ANY DISPUTE THROUGH BINDING, INDIVIDUAL ARBITRATION AND ENTRANTS WAIVE THE RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
CONTEST PERIOD: The Instagram Challenge (“Contest”) begins at 12:00AM Eastern Time (“ET”) on April 17th and ends at 11:59PM ET on April 27th (“Contest Period”).
SPONSOR AND ADMINISTRATOR: The Contest is sponsored by Town Residential LLC, 33 Irving Place, New York, NY 10003 (“Sponsor”).
Only Entry Posts that are posted, identified and recorded on the Instagram Platform’s servers during the Contest Period will be considered. Other proof of submitting an entry (such as a printed or copied screen showing a purported Entry Post on entrant’s account feed on the Instagram Platform) does not constitute actual receipt of the entry for purposes of this Contest. Each entrant must be the rightful owner of the Instagram Platform account utilized for entry. The Instagram Platform’s database clock will be the official timekeeper for this Contest. Each entrant should review all information entered for accuracy purposes and make all corrections necessary to inaccurate data before submitting his/her entry. Entries may or may not be acknowledged. Entries or participation made by any other individual or any entity or group, or originating at any web site other than as set forth specifically above, including, without limitation, through commercial promotion subscription notification or entering services, will be declared invalid and disqualified for this Contest. Entries or participation that is generated by a macro, bot, or other automated means will not be accepted and will be void. As a condition of entering the Contest, without limiting any other provision in these Official Rules, each entrant gives consent for Sponsor and its agents to obtain and deliver his or her name, address and other information and content to third parties for the purpose of administering this Contest and complying with applicable laws, regulations, and rules.
ELIGIBILITY: This Contest is open only to residents of the any one (1) of the fifty (50) United States or the District of Columbia who are at least eighteen (18) years of age and the age of majority in their primary jurisdiction of residence as of the date of entry and who have an Instagram account in good standing as of the date of entry and through the time of prize award. Corporate entities are not eligible and have no right to claim any prize won by their employees. Employees, officers, directors, members, managers, agents, and representatives and family members of such individuals (or people living in the same household whether related or not) of Sponsor, and its respective parent companies, divisions, subsidiaries, affiliates, successors in interest, and its advertising, promotion and public relations agencies and any other partners associated with the administration of this Contest (collectively, the “Contest Entities”) are not eligible. For purposes of this Contest, family members are defined as spouse, domestic partner, mother, father, legal guardian, legal ward, in-laws grandmother, grandfather, brother, sister, children and grandchildren. This Sweepstakes is void in all U.S. territories (including Puerto Rico), possessions, and overseas military installations, and where prohibited by law.
SUBMISSION REQUIREMENTS: Entrant’s Entry Post and any accompanying content or information (collectively, “Entrant Content”) must meet all of the following requirements in Sponsor’s sole discretion or the associated entry will be disqualified:
- If Entrant Content depicts or includes any third party, entrant must have all permissions and rights from the individual depicted (and his/her parent or legal guardian, if a minor) and agrees to provide Sponsor with written confirmation of those permissions and rights upon request.
- Entrant Content must not create or imply any association between and any individual, entity, or anyone else or his, her, or its products or services.
- All aspects of the Entrant Content must be originally created by and solely owned by entrant (or be in the public domain). Except for materials in the public domain, all third party content and content unoriginal to the entrant is prohibited.
- Entrant Content must not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright, including moral rights, trademark, trade secret, or right of privacy or publicity.
- Entrant Content must be unpublished and not have been submitted in any other contest, promotion, or competition.
- Entrant Content must not include information or content that is false, fraudulent, deceptive, misleading, defamatory, threatening, trade libelous, slanderous, libelous, disparaging, unlawfully harassing, profane, obscene, pornographic, hateful, indecent, inappropriate or injurious to any individual, any Contest Entity, or any third party.
- Entrant Content must not contain or describe any harmful or illegal activity or content or in any way violate any federal, state, provincial, territorial, or local laws, rules or regulations.
- Entrant Content must be suitable for presentation in a public forum.
- Entrant Content must not suggest, depict, or describe any inappropriate, unlawful, or dangerous behavior or use of Sponsor’s or any other products or services.
- Entrant agrees that his/her participation in the Contest, agreement to these Official Rules, and any Contest Entity’s display and use of the Entrant Content will not violate any agreement to which entrant is a signatory or party.
- Entrant agrees to indemnify the Released Parties (defined below) against any and all claims from any third party for any use or reuse by any Contest Entity of the Entrant Content.
Sponsor reserves the right in its sole discretion to disqualify from the Contest and/or remove from displaying (where applicable) or re-publishing any entry or Entrant Content that, in its sole discretion, refers, depicts, or in any way reflects negatively upon a Contest Entity, the Contest, or any other person or entity or does not comply with these requirements or these Official Rules.
WINNER SELECTION/NOTIFICATION: The Sponsor will select a winner from eligible Entry Content based on the quality of the Entry Content judged in its sole discretion seven (7) days after Contest Period closes (or at such other reasonable time during the Contest Period in Sponsor’s sole discretion). In order to receive a prize, each potential winner must meet all eligibility requirements, including responding to Sponsor’s communications. Sponsor will contact potential winner(s) through the Instagram Platform used to submit the entry. If any prize or prize notification or attempted notification is returned as undeliverable, if potential winner(s) do not respond within a reasonable time period (7 days), if Sponsor is unable to contact a potential winner within a reasonable time period (7 days), or if a potential winner is found to be ineligible or otherwise not in compliance with these Official Rules, the prize may be forfeited and may be awarded to an alternate winner in Sponsor’s sole discretion. By accepting a prize, winner acknowledges he or she is in compliance with these Official Rules. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any. Upon prize forfeiture, no compensation will be given and Sponsor will have no responsibility or liability to that entrant. To claim a prize, each winner must follow the directions in his or her notification.
PRIZES, QUANTITY AND APPROXIMATE RETAIL VALUE (“ARV”): The Winner, subject to verification, will receive a prize, which consists of two (2) tickets for the play Hamilton based on availability in New York, New York, USA. Prize, if legitimately claimed, will be awarded. Prize details not specifically stated in these Official Rules will be determined in Sponsor’s sole discretion. Where applicable, prize elements will only be mailed to the winner’s address in one (1) of the fifty (50) United States or the District of Columbia, in Sponsor’s sole discretion. All federal, state, and local taxes, as well as any expenses not specified in these Official Rules as being provided as part of the prize, are the sole responsibility of each winner. Sponsor is not responsible for and will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach a winner because of incorrect or changed contact information. Sponsor is not responsible for any inability of any winner to accept or use any prize for any reason. No transfers, prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the stated prize or portion thereof with another prize of equal or greater value for any reason, including, without limitation, prize unavailability. Nothing more than the stated prize will be awarded.
LICENSE: By entering, except where prohibited by law, each entrant grants to the Contest Entities and their agents, successors and assigns in perpetuity the irrevocable, sublicensable, absolute right and permission to use, edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, separate, dub, adapt, publish, combine with other material, reuse, adapt, and exploit the content of and elements embodied in the Entrant Content and entries, and the Entrant Content and entries themselves, in any and all media, including but not limited to digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation. Each entrant waives and releases the Released Parties (defined below) from any and all claims that entrant may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to the Released Parties’ exploitation of entries without further notification or compensation to entrants of any kind, and agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties and each of their affiliates, licensees, or any other person in connection with this Contest, on the grounds that any use of any entry, or any derivative works, infringe or violate any of entrants’ rights (including MORAL RIGHTS) therein.
Each entrant acknowledges and agrees that: (a) the Contest Entities may, but are not required to, attribute the Entrant Content to an entrant; (b) regardless of whether entrant is selected as a winner, his/her Entrant Content may be shared, posted, linked to, or otherwise used online or elsewhere by others solely by virtue of posting it in connection with this Contest (c) nothing in these Official Rules will require a Contest Entity to use the Entrant Content in part or in whole or to include the Entrant Content in any Contest Entity-related property, including, without limitation, any Contest Entities’ web site or any other online or offline property; (d) the relationship between the entrant and any of the Released Parties is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to submit his/her Entrant Content for purposes of the Contest does not place any of the Released Parties in a position that is any different from the position held by members of the general public with regard to elements of the Entrant Content, other than as set forth in these Official Rules, (e) the Contest Entities have wide access to ideas and other materials and that many ideas may be competitive with, similar to, or identical to his/her Entrant Content and/or each other in idea, ingredients, format, or other respects and entrant will not be entitled to any compensation or right to negotiate as a result of any Contest’s Entities use of any such similar or identical material that has or may come to Sponsor from other sources; (f) that the Released Parties do not now and will not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the entrant’s copyright in and to his/her Entrant Content; and (g) with respect to any claim by entrant relating to or arising out of any Contest Entity’s actual or alleged exploitation or use of any Entrant Content or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any Contest Entity property or production, and entrant’s rights and remedies in any such event are strictly limited to the right to recover damages, if any, in an action at law.
LIMITATION OF LIABILITY: By submitting an entry, each entrant agrees to release, hold harmless and indemnify the Contest Entities, Instagram, LLC, and the respective officers, directors, members, managers, employees, representatives and agents of each (collectively “RELEASED PARTIES”) for any liability whatsoever for injuries or damages of any kind sustained in connection with the acceptance, possession, use, misuse or awarding of the prize, while preparing for, participating in and/or traveling to or from any prize- or Contest -related activity including, without limitation, any injury, damage, death, loss, or accident to person or property. Each winner agrees (as between winner and the Released Parties) that the price is provided as is, without warranty, representation, or guarantee, express or implied, in fact or in law, whether now known or hereinafter enacted, relative to the use or enjoyment of the prize, including, without limitation, its quality, merchantability, or fitness for a particular purpose.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS: “CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
ADDITIONAL DISCLAIMERS: Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the entrant or by human error: (a) entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or entries in excess of the stated limit; (b) any lost, late, incomplete, forged, altered, illegible, mutilated, illegitimate, garbled, illegible, or misdirected participation, e-mail, Entry Posts, or Contest-related correspondence or materials or postage-due mail; (c) any error, omission, interruption, defect, or delay in transmission or communication; (d) viruses or technical or mechanical malfunctions, failures, interruptions, or unavailability of any kind; (e) errors, typos or misprints in these Official Rules or in any Contest-related advertisements or other materials; (f) electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages; (g) entrant contact information that is changed without prior notice to Sponsor or does not work; or (h) any changes or unavailability of the Instagram Platform that may interfere with the Contest or ability of entrant to timely enter, receive notices or communicate with Sponsor (in such case Sponsor, in its sole discretion, may terminate or modify the Contest). Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof in the event that any of the Contest activities or Released Parties’ operations or activities are affected, as determined by Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.
GRANT OF PUBLICITY RIGHTS: By entering the Contest (except where prohibited by law), each entrant grants the Released Parties the irrevocable, sublicensable, absolute right and permission to use, publish, post or display his or her name, photograph, likeness, voice, prize information, biographical information, any quotes attributable to him or her, any other indicia of persona, and any information contained in or submitted as part of his or her entry (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Released Parties’ sole discretion) for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to him or her, anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), world-wide, without any limitation of time, and without notice, review, or approval and each entrant releases all Released Parties from any and all liability related thereto. Nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted in these rules and winner waives any right to inspect or approve any such use.
ENFORCEMENT OF AND COMPLIANCE WITH OFFICIAL RULES: Sponsor’s decisions will be final in all matters relating to this Contest, determination of any winner, and awarding of the prize. All entrants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from this Contest. Sponsor’s failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy, or inconsistency between disclosures or other statements contained in any Contest-related materials and/or these Official Rules (including any alleged discrepancy in these Official Rules), it will be resolved by Sponsor in its sole discretion. Entrants waive any right to claim ambiguity in any Contest material or these Official Rules. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
CANCELLATION, MODIFICATION, SUSPENSION, DISQUALIFICATION EVENTS: In its sole discretion, Sponsor reserves the right to: (a) void entries of any entrants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness or proper play of this Contest; (b) disqualify any entrant if Sponsor determines at any time in its sole discretion that such entrant is ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person (even if such person been notified or displayed or announced anywhere as being the winner or potential winner); (c) restrict or void online entries or participation from any IP address if any suspicious entry and/or participation is detected; (d) cancel, modify or suspend the Contest and award the prize in a manner deemed fair and appropriate by Sponsor if the Contest is not capable of running as planned for any reason; (e) disqualify any entrant that supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize (and in such case, that person may be prosecuted to the full extent of the law). Entrants agree to not damage or cause interruption of the Contest and/or prevent others from participating in the Contest. In the event of a dispute concerning who submitted an entry, the entrant will be declared to be the registered account holder of the email address associated with the Instagram account provided during entry, but only if that person meets all other eligibility criteria, otherwise the entry may, in Sponsor’s sole discretion, be disqualified and any potential prize won forfeited. A registered account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Winner may be required to show proof of being the registered account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, in its sole discretion, the entry will be deemed ineligible. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF A CONTEST VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
DISPUTES/GOVERNING LAW/JURISDICTION: Except where prohibited, these Official Rules and the Contest are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Official Rules, or the rights and obligations of entrant, and Released Parties in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings shall take place in the State of New York in New York County. Entrants and the Released Parties agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.
No Purchase Necessary. A purchase will not increase your chances of winning. Begins at 12:00AM ET on April 17th. Ends 11:59PM ET on April 27th. Open to legal residents of the 50 US/DC, 18 and age of majority+. Subject to Official Rules, available at https://townre.nyc/despinlegal. See rules for judging criteria. Prize of two (2) Hamilton tickets. Each photo submitted must be unique. Void where prohibited. Sponsor: Town Residential LLC, 33 Irving Place, New York, NY 10003. This contest is in no way sponsored, administered or endorsed by or associated with Instagram.