TIA & TAMERA: SEASON 3 “Who is your ‘&’?”

 INSTAGRAM SWEEPSTAKES

“OFFICIAL RULES”

 

NO ENTRY FEE.  NO PURCHASE NECESSARY TO ENTER OR WIN THE SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  VOID WHERE PROHIBITED OR RESTRICTED BY LAW. This sweepstakes is sponsored by SpinMedia (“Sponsor”). 

 

1. SWEEPSTAKES DESCRIPTION: The Tia & Tamera “Who Is Your ‘&’?” Instagram Sweepstakes (the “Sweepstakes”) is a random drawing sweepstakes in which participants enter by submitting photos of themselves with their “&” (see: best friend, sibling, significant other, pet, etc.) to Instagram with the hashtag #TiaAndTameraCB as promoted by the following sites www.celebuzz.com and www.socialitelife.com (the “Site(s)”). The Sweepstakes begins at 12:00:00 AM PST on July 9, 2013 and ends at 11:59:59 PM PST on July 21, 2013. Entrants will be notified via Instagram Comment within two weeks of the closing of the Sweepstakes.

 

2. SWEEPSTAKES ELIGIBILITY: The Sweepstakes is open to legal residents of the 50 United States and the District of Columbia who are at least 18 years of age at time of entry. Entrants who are under the age of majority in their jurisdiction of residence must have their parent/legal guardian’s permission in order to submit an entry in this Sweepstakes. Employees and their immediate families (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings) of Style Network and the Show Tia & Tamera, SpinMedia, and its affiliated companies, subsidiaries, sponsors, advertising and promotion partners and agencies, any other prize sponsor, and any entity involved in the development, production, implementation, administration or fulfillment of the Sweepstakes are not eligible to enter the Sweepstakes (all of the foregoing, together with the Sponsor collectively referred to as the “Promotion Entities”). If a dispute as to the identity of an entrant cannot be resolved to the Sponsor’s satisfaction, then such entrant shall be deemed ineligible for the Sweepstakes.  All participants must be registered on Instagram at http://instagram.com/# (registration is free).  All participants must abide by Instagram’s terms of use at http://instagram.com/about/legal/terms/#.  A  participants hereby understand and agree that the Sweepstakes is in no way affiliated with or sponsored by Instagram.

 

3. HOW TO ENTER:

Any individual wishing to participate in the Sweepstakes must enter by:

1)    Submitting a photo of themselves with their “&” (see: best friend, sibling, significant other, pet, etc.) on your valid, public (i.e. not “protected”) Instagram Account

2)    Include the hashtag #TiaAndTameraCB

 

As part of the process, entrants may be required to (a) submit certain information, which may include, but not be limited to, their name, username, address, telephone number, date of birth, email address, and any other information required by the Sponsor, and (b) unconditionally agree to be bound by (i) these Official Rules, (ii) the Promotion Entities’ Privacy Policies and Terms of Use, (iii) the decisions of the Sponsor, which are final and binding in all respects, and (iv) any additional terms and conditions as provided by or on behalf of the Sponsor.  No mechanically reproduced entries are allowed and any use of robotic, automatic, programmed or the like entry methods will void all such entries by such methods.

 

4. PRIZES: One (1) winner will receive a $2,000.00 Visa Gift card.

Prizes are not redeemable or exchangeable for cash and all prizes are subject to all terms and conditions of use as established by Sponsor.

 

5. ODDS: The odds of winning a prize depend on the total amount of people that enter. No cash or other substitution of prizes is permitted, except at the sole option of Sponsor. Prizes won by minors will be awarded to the parents or legal guardians, who must sign all, if any required affidavits and releases. Sponsor will not replace any lost or stolen prizes. Winners are solely responsible for any and all federal, state, provincial and local taxes, if any, that apply to prizes.

 

6. Notification of Winners: Winners will be notified via Instagram Comment and then email.  Winners will be notified within two weeks of the Sweepstakes closing. If a winner cannot be reached, Sponsor will begin selecting other winner(s). This process will be repeated until a winner is confirmed.

 

7. SPONSOR’S RIGHT TO DISQUALIFY: At any time during the Sweepstakes, 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 Sweepstakes are final and binding.

 

8. CONDITIONS OF SWEEPSTAKES ENTRY: As a condition of entry into the Sweepstakes, each entrant (or entrant’s parent/legal guardian, if entrant is a minor in his/her state of legal residence):

 

    (i)         without limiting the rights granted to the Promotion Entities and their affiliates, legal representatives, assigns, agents and licensees if the entrant is a winner, irrevocably grants to the Promotion 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 relating to the entrant and arising out of his/her participation in this Sweepstakes (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 Promotion Entities and their affiliates, legal representatives, assigns, agents and licensees if the entrant is a winner, irrevocably grants to the Promotion 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 “Sweepstakes Entry Materials” for (A) any purpose on or through the sites owned or operated by Sponsor or Other Promotion Entities, (B) 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 (all winners of the Sweepstakes 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 Promotion Entities’ use of the Sweepstakes Entry Materials, or require the entrant’s permission for the Promotion Entities to use them for promotional purposes, and agrees to never sue or assert any claim against the Promotion Entities’ use and exploitation of the same as permitted herein; and

 

 (iv)         agrees to indemnify and hold the Promotion Entities, Instagram and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the “Promotion 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 Promotion Indemnitees arising out of or in connection with (A) any Sweepstakes 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 conduct during and in connection with this Sweepstakes, or (D) the acceptance, use or misuse of any award or prize.

 

9. GENERAL RULES: The Sweepstakes 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 Sweepstakes. The Sponsor is not responsible for any typographical or other errors in the printing of the offer, administration of the Sweepstakes or the announcement of the prizes, or for lost, late, misdirected, damaged, incomplete or illegal entries. 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 Sweepstakes or the Promotion Entities’ website(s), (b) violating these Official Rules, (c) violating the terms of service, conditions of use and/or general rules or guidelines of any Promotion 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 PROMOTION 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 OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

 

10. LIMITATIONS OF LIABILITY: The Promotion Entities assume no responsibility for any technical malfunctions that may occur during participation in the Sweepstakes or any Sweepstakes-related activity. The Promotion Entities assume no responsibility for 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 or any other media. The Promotion Entities are not responsible for any injury or damage to entrants or any other person, or to any computer related to or resulting from participating in the Sweepstakes. If, for any reason, the Sweepstakes 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 Promotion Entities which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part (including, without limitation, any Sweepstakes date or deadline) and select winners from among those eligible entrants from that portion of the Sweepstakes that has not been compromised, if any.

 

IN NO EVENT WILL THE PROMOTION 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 SWEEPSTAKES.

 

11. DISPUTES/GOVERNING LAW: Except where prohibited, as a condition of participating in the Sweepstakes, 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 Sweepstakes, or any prize awarded, or the determination of 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 (e.g., costs associated with entering this Sweepstakes), 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 Sweepstakes 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 Sweepstakes.

 

12. PRIVACY: By entering the Sweepstakes, 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 Promotion Entities, as applicable.

 

13. WINNERS LIST/RULES REQUESTS: For a copy of these Official Rules or the winners names, send a separate, stamped, self-addressed envelope to: TIA & TAMERA: SEASON 3 “Who is your ‘&’?”

 INSTAGRAM SWEEPSTAKES Account Manager, SpinMedia, 6464 W. Sunset Blvd, Suite 650, Hollywood, CA 90028. Requests received after September 9, 2013 shall not be honored. Vermont residents may omit return postage if requesting a set of Official Rules.

 

14. SPONSOR: SpinMedia, 6464 W. Sunset Blvd, Suite 650, Hollywood, CA 90028.

 

 

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