NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA AND CANADA (EXCLUDING QUEBEC), AGES 18 AND OLDER (AND AGE OF MAJORITY IN JURISDICTION OF RESIDENCE), WITH A PUBLIC INSTAGRAM ACCOUNT. VOID WHERE PROHIBITED BY LAW.
USE CAUTION AND COMMON SENSE WHEN PARTICIPATING IN THIS CONTEST. RESPECT AND ENSURE THE SAFETY OF YOURSELF AND OTHERS. DO NOT TRESPASS OR HARM ANYONE’S PROPERTY.
This contest (“Contest”) call for entry period begins at the time of Sponsor’s Instagram post announcing this promotion (the “Sponsor Post”) and ends on November 14, 2021, at 11:59:59 p.m. PT (“Promotion Period”). The time shall be determined by Sponsor’s timekeeping systems, and Sponsor may also rely on the time processing functions of Instagram. Sponsor shall have the sole discretion in determining the timeliness of any action or inaction related to this Contest.
The Contest is open to legal residents of the fifty (50) United States and the District of Columbia and Canada (excluding Quebec), who are at least 18 years of age and the age of majority in their jurisdiction of residence at the time of entry. Void where prohibited. Employees of T3 Micro, Inc. (“Sponsor”) and its parent companies, subsidiaries, affiliates, advertising agencies, public relations agencies, prize suppliers, and vendors providing services in connection with this Contest (collectively, the “Sponsor 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. To participate, entrants must have an Instagram account, and the Instagram account must be open to the public (an account where anyone can subscribe to follow your photos). You are not eligible to participate if your Instagram account is set to the special private option (where a user must approve all follow requests).
To enter, entrants must take a picture or video footage (hereinafter, the “image”) and submit the image for entry through Instagram as follows. Entrants must take a new and original image that depicts the theme described in the Sponsor Post (the “Theme”). During the Promotion Period, upload the image/video to Instagram and include the hashtag and other entry requirements described in the Sponsor Post in the caption for the uploaded photo. After submission is complete, the submitted entry will then be processed for Sponsor’s review.
To be eligible, each submitted entry must meet all of the Required Representations and Warranties set forth below. Failure to complete any step outlined in, or to follow any of, the Official Rules will result in disqualification of attempted entry.
Though you may post as many Instagram posts as you wish (all of which are subject to the terms, releases, and grants of rights in these Official Rules), you may receive only one (1) entry per person (and only one (1) entry per Instagram account regardless of number of people who use the account) for this Contest as determined by Sponsor in its sole discretion. The creation or use of multiple Instagram accounts to attempt to claim multiple prizes is strictly prohibited. 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 primary e-mail address associated with the Instagram account identified. The authorized account holder is deemed to be the natural person who is assigned to the e-mail address associated with the submitted e-mail 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.
In the planning, creation, and distribution of your entry (including, without limitation, the submitted image), you warrant and represent that you will abide by all laws, regulations, and ordinances and that you will not harm, attempt to harm, or threaten to harm any person (including yourself) or property. You further warrant and represent that you will take the highest level of care in planning, creating, and distributing your entry (including, without limitation, the submitted image).
REQUIRED REPRESENTATIONS AND WARRANTIES:
To be eligible, all entries (including, without limitation, the submitted image or video) must comply with the following criteria (collectively, the “Required Representations and Warranties):
- (i) Your entry and image must be your own original work, 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. Modification of an existing image does not count as original for purposes of this Contest. The entry and image must not contain any material that would violate or infringe upon the rights of any person or entity, including without limitation copyrights, trademarks or rights of privacy or publicity, or that is defamatory, threatening, indecent, obscene or offensive, or that is unlawful, in violation of or contrary to any applicable laws or regulations.
- (ii) You represent that you have the express consent of any identifiable persons appearing in the entry or image to their likeness being used in the ways set out in these Official Rules, including Sponsor’s right to use the entry and 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 entry or 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. Except for the image of a person allowed as describe above, the image must not contain any personally identifiable information of any person (e.g., the person’s name).
- (iii) Except for the products of Sponsor (and its parent and affiliates), the entry and image must not feature any readily identifiable (as determined by Sponsor in its sole discretion) 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 entry and image must be appropriate for public viewing. Without limiting the foregoing, the entry and 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. Your entry must also not disparage or cast a negative light on any person, entity, or brand, product, or service.
- (v) The entry and image must comply with all of Instagram’s requirements and terms regarding the use of its services.
Entries (including, without limitation, the submitted images) 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 to modify entries and images (including, without limitation, the blurring of images) in its sole discretion to achieve the aims of these requirements, and Sponsor also 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 entry and image comply with the entry requirements set out above, including those at (i)-(v) above. By entering, entrant grants to Sponsor a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable, assignable license to reproduce that entry and image and to otherwise use, exploit, copy, modify, adapt, edit, publish and display the entry 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 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 entry and/or image in favor of the Sponsor. 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 entry and/or image to Sponsor, the form of such assignment to be determined by Sponsor in its sole discretion.
By submitting an entry and/or image, entrant also grants to Sponsor the worldwide, perpetual, irrevocable, fully sub-licensable, and transferable right, but not the obligation, to use any and all names, identities, usernames, monikers, handles, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the entry and/or image (all attributes, collectively, per person, a “Persona”) for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law.
Sponsor reserves the right to disqualify any entrant in its sole discretion. If any 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), e.g., convene a qualified judging panel to determine qualifying entries. All entries are subject to verification.
Two (2) winners will be selected at different times. First, on November 7, 2021, Sponsor will appoint a judging panel to review the entries received through November 6, 2021, at 11:59:59 PT and select the first winner of the Contest. Then, after the close of the Promotion Period, Sponsor will appoint a judging panel to review the entries received during the Promotion Period and select the second winner of the Contest.
The selected and verified winner shall, upon verification, be awarded a package of T3 brand products (as selected by Sponsor in its sole discretion). Total approximate retail value of prizes for each winner will be $500. No difference in the value will be provided based on choice of tool. Choice is subject to availability.
All prizes are 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 any 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. Prizes consist only of the items listed, are non-transferable, with no cash redemption or substitution except at Sponsor's sole discretion. Prizes are 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, municipal, 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. ALL TAXES ARE THE SOLE RESPONSIBILITY OF THE WINNER. An IRS form 1099 or other tax-related forms and documents may be issued by Sponsor if required by law.
On or around the close of the Promotion Period, Sponsor shall notify the potential winners by direct message or any other contact information Sponsor may obtain for the entry. Potential winners must respond to the notification and provide all requested information, including a street mailing address, within twelve (12) hours of the notification being sent or the potential prize will be forfeited. To claim any prize, Sponsor may require winner(s) to complete, sign, and return Affidavit of Eligibility/Liability Release/Publicity Release forms, and other applicable documents (which may require a social security number) to be e-mailed or faxed within twelve (12) hours of notification and mailed with a postmark within three (3) days of the time on the notification. At Sponsor’s discretion, winners may be required to produce picture or some other form of proper identification to claim any prize. Sponsor reserves the right to substitute any prize with prize of equal or greater value. If a potential winner cannot be contacted, fails to timely claim the prize, is disqualified, fails to timely execute and return any required forms, or if the prize notification is returned as undeliverable, an alternate winner will be selected from other potential winners (e.g., the entry with the next-highest number of votes) and/or by random draw from all remaining eligible entries (as determined by Sponsor. If by reason of printing or other error, more prizes are claimed than the number of prizes set forth in these Official Rules, a random drawing will be held to award the advertised number of prizes. Under no circumstances will more than the advertised number of prizes be awarded.
By entering and/or participating, entrants agree:
- (ii) that the decisions of the Sponsor are 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 a prize or related to participation in the Contest.
FOR CANADIAN RESIDENTS ONLY:
If the selected entrant is a resident of Canada, he or she will be required to correctly answer, without mechanical or other assistance, a time-limited, mathematical skill-testing question prior to being verified as a winner.
PUBLICITY & MARKETING:
NO LIABILITY & INDEMNIFICATION:
By entering this Contest, you agree to release, discharge and hold harmless Sponsor, Sponsor Affiliates, Instagram, and their respective directors, officers, employees, agents and assigns (the “Released Parties”) from any claims, losses, and damages arising out of, or relating to, your participation in this Contest or any Contest-related activities and the acceptance and use, misuse, or possession of any prize awarded hereunder (including, without limitation, any misrepresentation made by the entrant in connection with the Contest; any non-compliance by the entrant with these Official Rules; claims brought by persons or entities other than the parties to these Official Rules arising from or related to the entrant’s involvement with the Contest; acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest; any malfunction, error or other problem arising in connection with the collection, processing, or retention of entry information; or any typographical or other error in the printing, offering or announcement of any prize or winner). The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in any way in connection with the Contest.
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 MAY BE 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 APPLICABLE 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 Georgia, USA. Sponsor and each entrant agree that: (1) 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 JAMS under its rules and procedures in effect when the claim is filed; (2) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by arbitration in Atlanta, Georgia; (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (4) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website or by calling JAMS at 949-224-1810. 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 INSTAGRAM:
This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram or any other named or depicted people or entities other than Sponsor. Any questions, comments or complaints regarding the Contest should be directed to Sponsor.
To request confirmation of the name, city, and state of residence of the Prize winner, please send a self-addressed, stamped business size envelope, by one month after the end of the Promotion Period to: Holiday Instagram Contest Winner List (2021), c/o T3 Micro, Inc., 228 Main Street, Ste 3, Venice, California 90291.
T3 Micro, Inc., 228 Main Street, Ste 3, Venice, California 90291