Official Contest Rules
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 WOULD BE REQUIRED BUT HAVE NOT BEEN MET. AFFIDAVIT OF ELIGIBILITY AND RELEASE OF LIABILITY FORM MAY BE REQUIRED. BY ENTERING THE CONTEST, YOU AGREE TO THESE OFFICIAL CONTEST RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
The “Enter for a Chance to Win $2,000 and a Netflix Subscription!” (the “Contest”) is sponsored by POPSUGAR Inc. (owner and operator of popsugar.com), having an address of 111 Sutter Street, Suite 850, San Francisco, CA 94104 (“Sponsor”). Entrant’s registration and participation in the Contest shall be governed by the terms and conditions contained herein (the “Official Contest Rules”).
ELIGIBILITY: The Contest is open only to permanent, legal residents that reside in one of the fifty (50) states of the United States of America or the District of Columbia, excluding Rhode Island, all U.S. territories and possessions, and all overseas military installations. All entrants must be at least eighteen (18) years of age at the time of entry. Employees of Sponsor, and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies and any other entity involved in the development or administration of this Contest, and their immediate family members or household members (defined as spouses and biological, adoptive or step-parents, legal guardians, children, siblings, or grandparents, their respective spouses and any dependent under federal income tax law) are not eligible to participate in or win the Contest. Winners may be required to sign an Affidavit of Eligibility and complete relevant tax forms as a condition to the delivery of the applicable prize. All applicable federal, state and local laws apply. No purchase is necessary to participate in the Contest.
HOW TO ENTER: No purchase is necessary to participate in the Contest. During the Entry Period (as defined below) enter to win one (1) grand prize of $2,000 cash and 6-month subscription to Netflix via Instagram. Using an established Instagram username, upload a photo of yourself to Instagram that displays an outfit or style with orange color and include hashtag #orangelook.
ENTRY PERIOD: The Contest will consist of one challenge that will occur over a two (2) week period (the “Entry Period”). The challenge will commence at 3:00 am PDT on July 18, 2013 and end at 11:59 pm PDT on July 31, 2013, and will require entrants to upload to Instagram a photo with an outfit or style that displays the color orange with the hashtag #orangelook. If you choose to upload photos to Instagram using your mobile phone, standard data fees may apply. Please refer to your wireless provider for pricing plan details. Normal time, toll, connection and usage rates, if any, charged by your Internet service provider will apply. Entries generated by script, macro or other automated means or by any means that attempt to subvert the entry process are void. An Instagram account can be opened for free at www.instagram.com or by downloading the free Instagram app. Entrants may not enter using multiple Instagram accounts. Any entrant who attempts to do so will be disqualified and forfeits any right to receive a Grand Prize, in Sponsor’s sole discretion. Entries are limited to one (1) per person for each entry. No entries via facsimile will be permitted. All entries become the sole property of the Sponsor.
REQUIREMENTS OF PHOTOS: Photos may not contain, as determined by the Sponsor, in its sole discretion, any content that:
• is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
• promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
• is obscene or offensive; endorses any form of hate or hate group;
• defames, misrepresents or contains disparaging remarks about other people or companies;
• contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission; contains any personal identification, such as personal names, e-mail addresses or street addresses;
• contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
• contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead without permission;
• communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or
• violates any law.
Entry must be the original work of the entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the entry, any and all releases and consents necessary to permit the use and exhibition of the entry by Sponsor in the manner set forth in these Official Contest Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render entry null and void. By submitting an entry, entrant represents and warrants that he/she and any persons appearing or who are identifiable in the entry consent to the submission and use of the entry in the Contest and to its use as otherwise set forth herein.
By submitting an entry in the Contest, entrant acknowledges and agrees that Sponsor will own all entries submitted by you in the Contest. Each entrant into the Contest hereby irrevocably grants, transfers, sells, assigns and conveys to the Sponsor, its successors and assigns, all present and future right, title and interest of every kind and nature whatsoever in and to the entry(ies) for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter, the entry(ies) for any purpose which Sponsor deems necessary or desirable. Each entrant hereby acknowledges that such entrant does not reserve any rights in and to his/her entry(ies).
PRIZE: At the end of the Entry Period, one (1) winner shall be selected from all eligible entries received during the applicable entry. The prize winner will be entitled to receive the Grand Prize of two thousand dollars ($2,000) and a 6 month subscription to Netflix ($47.94 value) The approximate retail value of the Grand Prize is two-thousand, forty-seven dollars and ninety-four cents ($2,047.94). If a potential Grand Prize winner forfeits or does not claim the prize, the Grand Prize will be re-awarded, in Sponsor’s sole discretion. Other restrictions may apply. Decisions of the Sponsor are final and binding with respect to all matters related to the Contest. In no event shall the Sponsor be obligated to award more prizes than the number of Grand Prizes stated in these Official Contest Rules. Winners shall be responsible and liable for all federal, state and local taxes on the value of their Grand Prize. If required by Sponsor, the winner must complete and return to Sponsor an IRS Form W-9 that reflects winner’s taxpayer identification number or social security number. The winner will receive from Sponsor an IRS form 1099-MISC at the end of the calendar year, and a copy of such form will be filed with the IRS. To receive a complete list of winners or a copy of the Official Contest Rules, send a self-addressed stamped envelope to Prize Fulfillment, Sugar Inc., 111 Sutter Street, Suite 850, San Francisco, CA 94104. Specify winner's list or rules on your request. Please allow 1-2 weeks for prize delivery.
SELECTION: The number of eligible entries received determines the odds of winning. All eligible entries received during the applicable entry week will be entered to win. Employees or representatives of Sponsor will choose the winners at the end of the entry period, on or around August 5, 2013 based on creativity and style, as well as adherence to the entry rules (including, but not limited to using the color “orange”) as will be determined in Sponsor’s sole discretion. Winners may be notified via @popsugar’s direct message on Instagram or by email. Sponsor reserves the right to determine the method of notification. Winners must contact Sponsor via @popsugar’s Direct Message on Instragram or email at email@example.com to claim their prize within 3 business days after the date of notification of such Grand Prize. A Contest winner's failure to respond to the prize notification within the specified 3 business days will be considered such Contest winner's forfeiture of the prize and an alternate winner may be selected from the pool of eligible entries. In the event of a dispute regarding the identity of the entrant, the natural person associated with the Instagram account used to enter the Contest will be deemed to be the entrant and must comply with these Official Contest Rules. If an entrant is found to be ineligible, an alternate winner may also be selected from the pool of eligible entries. Sponsor reserves the right to ship prizes directly to the mailing address provided by winners. Each entry submitted in response to the Contest and in accordance with the rules will constitute an official entry. Entries are limited to one (1) per person per entry period. Duplicate entries will be void. All entrants agree to abide by these Official Contest Rules. All entries become the property of the Sponsor.
INDEMNIFICATION: By participating in this Contest and/or by accepting any prize that they may win, entrants agree that the Sponsor, and each of their parent, subsidiary and affiliated companies, units and divisions and advertising and promotional agencies and prize suppliers, each of their respective officers, directors, agents, representatives and employees, and each of these companies and individuals' respective successors, representatives and assigns (collectively, the "Indemnified Parties") shall not be liable for any and all actions, claims, including any third party claims, injury, loss or damage arising in any manner, directly or indirectly, arising from or relating to this Contest, including entry and participation in this Contest and acceptance, possession, use or misuse of any prize. Each entrant, including each prize winner, by participating in the Contest, agrees to fully indemnify each Indemnified Party from any and all such claims by third parties without limitation. Entrants authorize the Indemnified Parties to use their name, voice, likeness, biographical data, city and state of residence and entry materials in programming or promotional material, worldwide in perpetuity, or on a winner's list, if applicable, without further compensation unless prohibited by law. The Indemnified Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, postage-due, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Contest; or (v) any printing, typographical, administrative or technological errors in any materials associated with the Contest. Sponsor disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Contest, and reserves the right, in its sole discretion, to cancel, modify or suspend the Contest should a virus, bug, computer problem, unauthorized intervention or other causes beyond Sponsor's control, corrupt the administration, security or proper play of the Contest. Sponsor may prohibit you from participating in the Contest or winning a prize if, in its sole discretion, it determines you are attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other players or Sponsor representatives.
RELEASE: Participation in the Contest is at entrant’s own risk. By receipt of any Grand Prize, the applicable winner agrees to release and hold harmless Sponsor, as well as Sponsor’s respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, partners, suppliers, employees, officers, directors, agents or prize suppliers (collectively, “Released Parties”) from any and all actions, suits, damages, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, claims and demands whatsoever, whether known or unknown, foreseen or unforeseen, against Released Parties which any one or more of the Releasing Parties ever had, now have or hereafter can, shall or may have which in any way arise out of or result from entrant’s participation, acceptance and use or misuse of any prize.
GENERAL CONDITIONS. By entering or accepting a prize in the Contest, winner agrees to be bound by these Official Contest Rules and to conform to all federal, state and local laws and regulations. The winner will be required to execute and return to Sponsor within five (5) business days an Affidavit of Eligibility and a Liability and Publicity Release (where imposing such condition is legally permitted) and any additional documents required by Sponsor to be eligible for a Grand Prize or an alternate winner will be selected by Sponsor. Winner may be required to furnish proof of identity, address and birth date in order to receive a Grand Prize. Any person attempting to defraud or in any way tamper with this Contest will be ineligible for prizes and may be prosecuted to the full extent of the law. Sponsor reserves the right to modify these Official Contest Rules in any way or at any time. Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend this Contest should viruses, bugs or other causes beyond Sponsor’s control corrupts the administration, security or proper play of the Contest, or for any reason that Sponsor believes in good faith would be fair to the entrants and the conduct of the Contest. In the event of cancellation or suspension, Sponsor shall promptly post a notice on FabSugar.com to such effect. By entering, an entrant agrees to release and hold harmless Sponsor and its respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, “Claims”) that may arise from their acceptance, possession and/or use of any prize or their participation in this promotion, or from any misuse or malfunction of any prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter. Any person attempting to defraud or in any way tamper with this Contest will be ineligible for prizes and may be prosecuted to the fullest extent of the law. Sponsors reserve the right to modify these Official Contest Rules in any way or at any time. Sponsors reserve the right, in their sole and absolute discretion, to cancel or suspend this Contest should viruses, bugs or other causes beyond their control corrupt the administration, security or proper play of the Contest. In the event of cancellation or suspension, Sponsor shall promptly post a notice on the Contest entry page to such effect. This Contest shall be governed by California law without regard to its conflict of laws provisions. By participating in this Contest, the parties 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 Contest.
The Contest is in no way sponsored, endorsed or administered by, or associated with Instagram or Facebook.