NO PURCHASE NECESSARY TO ENTER OR WIN.  Begins 7/29/13 at 12:01 am PT & ends 9/15/13 at 11:59 pm PT. Open to legal U.S. residents residing in the 48 contiguous United States & DC (excl. AK, HI, Guam, PR, US VI & all US territories), who are at least 13 years of age or older. Minor entrants must get a parent or legal guardian’s permission to participate. See Official Rules at www.celebuzz.com/cp/InsidiousCh2 for full details.  Void in AK, HI, Guam, PR, US VI, all US territories & where restricted or prohibited by law.  Sponsor: SPINMEDIA.

 

The “Insidious Moments Haunted Fly Away Contest”

Official Contest Rules

 

 

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.  MAKING A PURCHASE DOES NOT INCREASE CHANCE OF WINNING. VOID IN AK, HI, GUAM, PR, US VI, ALL US TERRITORIES & WHERE PROHIBITED OR RESTRICTED BY LAW.

The following promotion is intended for participants in the United States only and shall be construed and evaluated according to the laws of the United States. Do not proceed in this promotion if you are not a legal resident of the forty-eight (48) contiguous states of the United States or not currently located in the United States. Void in Hawaii, Alaska, Guam, the U.S. Virgin Islands, Puerto Rico, all US territories and where prohibited.  Further eligibility restrictions are contained below.

 

1. DESCRIPTION:  NO PURCHASE NECESSARY TO ENTER OR WIN. The “Insidious Moments Haunted Fly Away Contest" (the "Contest") begins on July 29, 2013 at 12:01 am Pacific Time ("PT") and ends on September 15, 2013 at 11:59 pm PT ("Contest Period").  The Contest Period consists of four (4) individual entry periods (each an “Entry Period”) to award “Prizes”, as described in Section 4, and culminates with a Grand Prize judging from the Prize “Winners” to award one (1) “Grand Prize”. The Contest provides eligible entrants (each, an “Entrant” and collectively, “Entrants”) with the opportunity to submit one (1) themed photo (the “Photo”) via Instagram for each Entry Period.  The sponsor of this Contest is SPINMEDIA (“Sponsor”).  The administrator of this Contest is Creative Zing Promotion Group ("Administrator").   The presenter of this Contest is Film District (“Presenter”).

 

2. ENTRANT & PHOTO ELIGIBILITY:  In order for an Entrant to participate in the Contest and to be considered as a potential “Winner” (as defined below) the Entrant and the Photo must meet the following eligibility criteria:

·       Entrant must be at least thirteen (13) years of age at the time of entry;

·       Entrant must be a U.S. legal resident physically residing within the forty-eight (48) contiguous United States or the District of Columbia or currently residing therein;

·       Eligible Entrants who are under the legal age of majority in their state of primary residence (“Minor”) must get their parent or legal guardian’s permission to participate in the Contest.  A Minor Entrant will be required to provide parental consent in a form satisfactory to the Sponsor before he or she can be declared a winner and any prize can be awarded;

·       Entrant must NOT be under any contractual obligation that would conflict with this Contest;

·       Entrant must be the rightful owner of the Photo or must have the rights, title and interest necessary to submit the Photo for consideration in the Contest in compliance with these Official Rules;

·       Entrant must be the rightful owner of the e-mail address and social media account associated with the Contest entry and Photo submission; and

·       Officers, directors, employees, agents and representatives of Sponsor, Administrator, or Presenter, any independent Contest judging organization, and each of their respective parent, affiliated and related companies or agencies, and/or any person or company working directly on the Contest (collectively, the “Contest Entities”), together with the immediate family members and/or those living in the same household of such persons (collectively, “Household Members”), are not eligible to participate in the Contest.  For purposes of the Contest, "Household Members" shall mean those people who share the same residence at least three months a year, whether or not related; "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses, regardless of where they live.

 

Photos must meet the following criteria:

·       Photos submitted via Instagram must include the hashtag #InsidiousEntity.

·       Photos must be submitted in accordance with Section 3 below.

·       Photo must have been created specifically for this Contest, and not been previously published, or entered into, or received any awards in, any other Contest or competition

·       Photo must comply with the applicable technical submission requirements (e.g. size, format) for the social media platform used for Photo submission.

 

Photos are subject to the following Content Restrictions:

·       Photos should NOT include images of other people (alive or dead) or any 3rd party logos, insignia, trademarks, signage or slogans so as to not infringe upon the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party;

·       Photos should NOT contain subject matter which is, or could be considered, in the sole discretion of Contest Entities, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), defamatory, libelous, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., illegal gambling, underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, hateful, degrading, harassing, or otherwise unlawful, tortious or objectionable;

·       Photos must NOT contain any content that is protected by copyright (without the express prior written consent of the owner of such right) or include any recognizable locations or include names and/or descriptions of any copyrighted media production, including, without limitation, films, books, television programming, etc., or identifying descriptions of any media property;

·       Photos must NOT contain any derogatory references to any Contest Entities; and

·       Photos must be in compliance with Instagram’s Terms of Use available at http://instagram.com/about/legal/terms/.

 

Contest Entities reserve the right to request that an Entrant edit or completely remove any content that may intentionally or unintentionally violate the Official Rules.  Contest Entities will determine in their sole discretion which Photos have satisfied the eligibility requirements.

 

3.  HOW TO ENTER: During the Contest Period, the Entrant must publish the Photo to Instagram with the hashtag “#InsidiousEntity”.

 

IMPORTANT:  Your Photo may be posted to a public gallery on Sponsor’s website during the Contest Period.  Be sure that you are comfortable with your Photo before submitting.  If you do not want your Photo to be made public do not enter this Contest.  You can only use one (1) email address and one (1) social media account in connection with the Contest. 

 

 

 

 

 

Entry Chart

Entry Period

Start Time-As of 12:01 am PT

End Time-As of 11:59 pm PT

Notification

(on or about)

Period 1

July 29, 2013

August 11, 2013

August 13, 2013

Period 2

August 12, 2013

August 25, 2013

August 27, 2013

Period 3

August 26, 2013

September 8, 2013

September 10, 2013

Period 4

September 9, 2013

September 15, 2013

September 17, 2013

Grand Prize

Determined from Four (4) Prize Winners

September 20, 2013

 

Limit one (1) entry per person for each Entry Period. Entries must be received by 11:59 pm PT to be eligible for the respective Entry Period. Any deliberate attempt to manipulate the entry process or produce entries in excess of the limitation may result in disqualification of the Entrant.  Entries generated by a macro, script or other automated means will be disqualified. Each Entrant must be the rightful owner (or have authorized use) of the email address and/or phone number used for entry.  Incomplete, unreadable, or unintelligible entries will be disqualified. Entrants must provide all information requested on entry form to be eligible to win.   ELIGIBLE ENTRANTS MUST SUBMIT THE REQUESTED ENTRY INFORMATION IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED.  Participation in the Contest constitutes Entrant's understanding of and full and unconditional agreement to and acceptance of these Official Rules. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules.

 

4. PRIZES: 

Grand Prize (1 available):

One (1) Grand Prize will be available.  The Grand Prize Package consists of one (1) 4-day/3-night trip to Los Angeles, CA (the “Trip”) for the (“Grand Prize Winner”) and one (1) travel companion (“Guest”).   The Trip will consist of the following: (1.) round-trip, coach-class air transportation for the Grand Prize Winner and one (1) Guest to Los Angeles, CA from the U.S. gateway airport nearest the Grand Prize Winner’s residence; (2.) three (3) consecutive nights’ hotel accommodations (one room, double occupancy, room & tax only); (3.) car service transfers to/from the airport in Los Angeles; (4.) one(1) $250 general use prepaid debit card for winner only to use towards incidentals and Event preparation; and (5.) admission for two (2) to attend a Haunted Halloween Theme Park Event  (the “Event”).  Approximate Retail Value (“ARV”) of Grand Prize: $3,300.

Prizes (4 available)

Four (4) Prizes will be available. Each Prize Package consists of one (1) $200 general use pre-paid debit card, and one (1) Insidious Movie Prize Pack.  ARV of Each Prize: $225. 

Total Cumulative Contest ARV: $4,200.

GRAND PRIZE WINNER AND GUEST MUST BE AVAILABLE TO TRAVEL ON A DATES SELECTED BY THE SPONSOR BETWEEN OCTOBER 10 – 28, 2013 OR THE GRAND PRIZE WILL BE FORFEITED. Actual value of Grand Prize will depend on point of departure, any air transportation fluctuations and seasonal pricing; any difference will not be awarded.  Grand Prize Winner and Guest must travel together on same itinerary for the trip.  Travel companion must complete a travel guest liability/publicity release prior to the trip.  Grand Prize Winner’s travel companion must be the age of majority in his or her state of primary residence.  In the event the Grand Prize Winner is a Minor, he/she must be accompanied by his/her parent/legal guardian on the trip.   Airline for Grand Prize Trip to be selected by Contest Entities in their sole discretion. Airline carrier’s regulations and conditions apply. Once Trip dates have been booked, no changes, extensions or substitutions are permitted, except at Contest Entities sole discretion.  If Grand Prize Winner elects to travel without a Guest, no additional compensation will be awarded. Sponsor will not replace any lost or stolen tickets or travel vouchers. Grand Prize Winner is solely responsible for all incidentals, including, but not limited to, some ground transportation, meals, beverages, gratuities, phone calls, insurance, taxes, and any other expenses not specifically mentioned as being included.  Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full air transportation will be charged to the Grand Prize Winner from stopover point for the remaining segments, including return, of the trip.  Grand Prize Winner and Guest must have and are solely responsible for obtaining all necessary identification and/or travel documents required for travel, including, but not limited to, a valid U.S. driver’s license or government issued ID.  Contest Entities are not liable for any expenses incurred as a consequence of flight cancellation/delay.  Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. If, in the judgment of Sponsor, air travel is not required due to the proximity of the Grand Prize Winner’s residence to the destination, ground transportation will be substituted for round-trip air travel at Sponsor’s sole discretion.  Exact Event details to be disclosed at Sponsor’s sole discretion. Airline tickets, gift card and admission tickets are subject to the rules and regulations of the applicable issuer.

 

Trip Conduct: Grand Prize Winner and Guest shall conduct themselves with due regard to the public conventions and morals. The Grand Prize Winner and Guest shall not, while representing the Contest Entities during the Trip, commit an offense involving moral turpitude under local laws or ordinances. The Grand Prize Winner and Guest shall not commit any act that will tend to degrade the Contest Entities in society or bring the Contest Entities into public hatred, public disrepute, contempt, scorn, or ridicule or that will tend to shock, insult or offend the community or public morals or decency or prejudice the Contest Entities. In the event the Grand Prize Winner or Guest engages in behavior that (as determined by Contest Entities in their sole discretion) is obnoxious or threatening, illegal, or that is intended to annoy, abuse, threaten, or harass any other person, the Contest Entities reserve the right to terminate the Trip early and send the Grand Prize Winner and Guest home with no further compensation. 

 

5.  JUDGING: All eligible Entries received for each Entry Period will be judged by a panel of qualified judges based on the following criteria: 1) overall quality and visual appeal of the submitted Photo (50%), 2) the ability to portray personality and vitality, and Photo’s ability to adhere to the Contest theme (25%), and 3) the Photo’s originality and ability to inspire others (25%) (the “Judging Criteria”). The one (1) Entry with the highest score for the applicable Entry Period will be deemed a potential Prize winner, subject to verification of eligibility and compliance with these Official Rules. The one (1) Entry with the highest score from among all Entry Periods will be deemed the potential Grand Prize winner, subject to verification of eligibility and compliance with these Official Rules. In the event of a tie, an additional, “tie-breaking” judge will determine the Winner(s) based on the criteria listed herein. Sponsor reserves the right not to award any prize if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries for any Entry Period.

 

6. WINNER NOTIFICATION:  Potential winners will be determined in accordance with the dates reflected in the Entry Chart in Section 3.  Potential Winners will be notified via an Instagram comment to the potential winning Photo and will be asked to respond to an email address provided in the comment.  To be eligible for the Grand Prize, the Prize Winners must be available to travel on dates set by the Sponsor.  TRAVEL IS TENTATIVELY SCHEDULED FOR OCTOBER 10-28, 2013.    Each potential Prize Winner will be required to respond (as directed) to the notification within forty-eight (48) hours of notification. The failure to respond timely to the notification may result in forfeiture of the prize. If a prize goes unclaimed or a potential Prize Winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential Prize Winner will be disqualified and a runner-up Prize Winner may be notified, at the sole discretion of the Sponsor and/or Administrator. Potential Prize Winners (or his or her parent or legal guardian if such individual is a Minor) will be required to verify address and to execute and return an affidavit of eligibility, a liability release, and (where imposing such condition is legal) a publicity release, and other prize releases (collectively, the “Prize Claim Documents”) covering eligibility, liability, advertising, publicity and media appearance issues. Prizes will not be awarded until all such properly executed Prize Claim Documents are returned. Grand Prize Winner (or his or her parent or legal guardian if such individual is a Minor) will be required to complete additional releases specifically related to the Grand Prize.  Guest will be required to sign and return a travel companion eligibility/liability release and, unless prohibited by law, a publicity and media release. Additionally, the Grand Prize Winner may be required to submit to a background check. Such background check may include (but is not limited to) investigation of criminal or other arrest or conviction record, and any other factor deemed relevant by the Sponsor to help ensure that any potential Winner will not, in the Sponsor's' sole discretion, bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on Sponsor. If requested, the potential Winner agrees to sign waiver forms authorizing the release of personal and background information. A prize will not be awarded/fulfilled until all such properly executed documents are returned. Sponsor, in its sole discretion, will attempt to contact up to three (3) potential Winners of each prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. Administrator reserves the right to disqualify anyone not fully complying with the Official Rules. Each Winner is solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the redemption of a prize.  For tax reporting purposes, the Grand Prize Winner must provide Sponsor with a valid social security number before the prize will be awarded.  An IRS Form 1099 will be issued in the name of the Grand Prize Winner or if a Minor, in the name of his/her parent or legal guardian, for the actual value of the Grand Prize received. for the actual value of the prize received.  ALL FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZE ARE THE SOLE RESPONSIBILITY OF EACH WINNER.

 

7.  SPONSOR’S RIGHT TO DISQUALIFY: At any time during the Contest, the Sponsor reserves the right, in its sole discretion, to disqualify and remove any Entrant for any reason. The decisions of the Sponsor on this and all matters relating to the Contest are final and binding.

 

8.  CONDITIONS OF CONTEST ENTRY: As a condition of entry into the Contest, each Entrant: (i) without limiting the rights granted to the Contest Entities and their affiliates, legal representatives, assigns, agents, and licensees, if the Entrant is a Winner, irrevocably grants to the Contest Entities and their affiliates, legal representatives, assigns, agents and licensees the worldwide, royalty-free, non-exclusive, sublicensable, perpetual and transferable right and license to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, exhibit, use and/or otherwise edit or modify (as necessary) the Entrant’s name, state of residence, image, voice, likeness, statements, biographical material, as well as any other materials submitted by and/or relating to the Entrant and arising out of his/her participation in this Contest (with or without using the Entrant’s name) (collectively, the “Additional Materials”), without additional review, compensation, or approval from the entrant or any other party, except as prohibited by law; (ii) without limiting the rights granted to the Contest Entities and their affiliates, legal representatives, assigns, agents, and licensees if the Entrant is a Winner, irrevocably grants to the Contest Entities and their affiliates, legal representatives, assigns, agents, and licensees, the worldwide, royalty-free, non-exclusive, sublicensable, perpetual, and transferable right and license to reproduce, store, modify (for any purpose, including, but not limited to, internal standards/practices review and editorial control), copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit, create derivative works of, and/or otherwise exploit the Additional Materials (collectively, the “Contest Entry Materials”) for any purpose on or through any websites owned or operated by Sponsor or other Contest Entities, and any advertising, promotional, or commercial purposes in any and all media, throughout the world, whether now known or hereafter created, in each instance, without additional review, compensation, or approval from the entrant or any other party, except as prohibited by law (the Winners will be required to sign an affidavit of eligibility and release as well as a publicity release); (iii) forever waives any rights of privacy, intellectual property rights, and any other legal or moral rights that may preclude the Contest Entities’ use of the Contest Entry Materials, or require the Entrant’s permission for the Contest Entities to use them for promotional purposes and agrees to never sue or assert any claim against the Contest Entities’ use and exploitation of the same as permitted herein; and (iv) agrees to indemnify and hold the Contest Entities and their respective affiliates, officers, directors, members, agents, representatives, co-branders, or other partners, and any of their employees (collectively, the “Contest Indemnitees”), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees), and liabilities (including settlements), brought or asserted by any third party against any of the Contest Indemnitees arising out of or in connection with (A) any Contest Entry Materials, (B) any breach by the Entrant of any warranty, agreement or representation contained in these Official Rules or terms of service or in any documentation submitted or agreed to by the Entrant, (C) the Entrant’s and/or Guest’s conduct during and in connection with this Contest and/or the Trip, (D) the acceptance, use or misuse of any Prize (including any travel/activity related thereto), or (E) Entrant’s participation in the Contest.

 

9. GENERAL RULES: The Contest is governed by and subject to the laws of the United States. All federal, state, and local laws and regulations apply. Void where prohibited by law. Entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding on all matters relating to the Contest. The Sponsor is not responsible for any typographical or other errors in the printing of the offer, administration of the Contest or the announcement of the prizes, or for lost, late, misdirected, damaged, incomplete, or illegal entries. By entering or participating in this Contest Entrants waive the right to claim any ambiguity or error in the Official Rules or in the Contest itself.  Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest.  The Sponsor reserves the right at its sole discretion to disqualify any Entrant found to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest, (b) violating these Official Rules, (c) violating the terms of service, conditions of use, and/or general rules or guidelines of any Contest Entities’ property or service, or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. 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. NONCOMPLIANCE WITH ANY OF THE OFFICIAL RULES MAY RESULT IN DISQUALIFICATION. ANY VIOLATION OF THESE OFFICIAL RULES BY AN ENTRANT OR ANY BEHAVIOR BY AN ENTRANT THAT WILL BRING SUCH ENTRANT OR THE CONTEST ENTITIES INTO DISREPUTE (IN THE SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH ENTRANT’S DISQUALIFICATION AS A ENTRANT AND ALL PRIVILEGES AS AN ENTRANT WILL IMMEDIATELY BE TERMINATED. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THE CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

 

(i)          In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding the Prizes or continuing with the Contest as contemplated herein by any event, including, but not limited to, fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Contest.

 

(ii)           If the Contest is terminated before the expiration of the Contest Period for any reason, Sponsor will (if possible) determine the Winners from all eligible, non-suspect entries received as of the date of the event giving rise to the termination using the judging criteria specified above.  Sponsor may substitute the type and quantity of prize(s) described in these Official Rules at its sole discretion.

 

(iii)          In the event of a dispute concerning who submitted an entry, the entry will be declared to have been made by the authorized account holder of the e-mail address which submitted  the potentially winning entry, but only if that person meets all other eligibility criteria. Illegible, incomplete, mechanically reproduced, false, fraudulent, and/or deceptive entries or acts shall render Entrants ineligible.  An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.  Each potential Winner may be required to provide Sponsor with proof that he/she is the authorized account holder for the e-mail address associated with the potentially winning entry.  If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible.

 

(iv)        These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with the law by a duly authorized representative of Sponsor.  The invalidity or unenforceability of any provision of these Official Rules shall 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 shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein

 

10. RELEASE / LIMITATIONS OF LIABILITY: Entrants  agree that the Contest Entities and any and all Internet server(s) and access provider(s), web site hosts and facilitators and cellular provider(s), and each of their respective affiliates, subsidiaries, parent corporations, and advertising and promotional agencies, and all of their officers, directors, members, shareholders, employees, representatives, and agents (collectively, “Releasees”) are not responsibility for any technical malfunctions that may occur in connection with Instagram.com or during participation in the Contest or any Contest-related activity;  any error, omission, interruption, deletion, defect, delay in operation or transmission; failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing (including, without limitation, any such problems which may result in the inability to access Instagram.com; any injury or damage to Entrant’s or any other person’s computer relating to or resulting from participation in the Contest; inability to access Instagram.com or any web pages thereof; inability to connect to or upload to Instagram.com; theft, tampering, destruction, or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer, or electronic malfunction or traffic congestion on telephone lines, mobile networks, or the Internet or any website or for any other reason whatsoever; incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; typographical, printing, or other errors; or any combination thereof.   If, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Contest Entities which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest in whole or in part (including, without limitation, any Contest date or deadline) and may select a Winner from among those eligible Entrants from that portion of the Contest that has not been compromised, if any.  Proof of submitting information to the to Instagram.com is not considered proof of delivery or receipt.  IN NO EVENT WILL THE CONTEST ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (including loss of use, data, business, or profits), ARISING OUT OF OR IN CONNECTION WITH THE CONTEST.

 

11. DISPUTES/GOVERNING LAW: Except where prohibited, as a condition of participating in the Contest, each Entrant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Contest, or the Prizes awarded, or the determination of the Winners shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will any Entrant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, other than Entrant’s actual out-pocket expenses and each Entrant further waives all rights to have damages multiplied or increased. All issues and questions rights and obligations of Entrant in connection with the Contest shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings as set forth in these Official Rules shall take place in the State of California, County of Los Angeles. The parties waive rights to trial by jury in any action or proceeding instituted in connection with these Official Rules and/or this Contest.

 

12. PRIVACY: By entering the Contest, each Entrant agrees to the Sponsor’ use of his or her personal information, as described in Sponsor’s Privacy Policy, located at http://www.spinmedia.com/privacy-policy and the website privacy policies of the Contest Entities, if and as applicable.

 

13. SPONSOR: SpinMedia, 6464 W. Sunset Blvd, Hollywood, CA 90028.

 

14.  ADMINISTRATOR: Creative Zing Promotion Group, 189 S. Orange Ave, Suite 1130a, Orlando, FL 32810.

 

15. WINNERS LIST/RULES REQUESTS:  For a copy of these Official Rules or the winner list, send a stamped, self-addressed envelope to: “The Insidious Moments Haunted Fly Away” c/o Creative Zing Promotion Group, 189 S. Orange Ave, Suite 1130a, Orlando, FL 32810 by December 1, 2013. Vermont residents may omit return postage.