NO PURCHASE NECESSARY. A PURCHASE OR DONATION OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
1. Eligibility: #SparkConversations (the “Contest”) is open only to legal residents of the fifty (50) United States, and the District of Columbia, who are either at least eighteen (18) years of age or older (except in the case of legal residents of certain states or commonwealths where the legal age of majority is greater than eighteen (18) years of age, then such legal age of majority) at the time of entry, or who are at least thirteen (13) years old at the time of entry and have a parent’s or legal guardian’s consent and supervision to use Instagram and enter this Contest. Employees, officers and directors of Define America, and any of their respective parent and affiliate companies, as well as the immediate family (spouse, parents, siblings and children) and household members of the foregoing, are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations. The Contest is void where prohibited.
This Contest is in no way sponsored, endorsed, or administered by, or associated with Instagram. Any questions, comments, or complaints regarding the Contest will be directed to the Sponsor (as defined below), not Instagram. The Contest shall be subject to these Official Rules, and by entering, all participants agree to be bound by the terms and conditions herein.
2. Sponsor: Define American, 822 E Broadway, Louisville, KY 40204.
3. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Timing: The Contest begins on July 27, 2020, at 12:00 a.m. Eastern Time (“EDT”), ends on July 31, 2020, at 11:59 p.m. EDT (the “Contest Period”). The Sponsor reserves the right to extend or shorten the Contest at its sole discretion. The server of Instagram is the official time-keeping device for the Contest. One winner will be randomly chosen and announced approximately August 5, 2020.
5. How to Enter: To participate, you will need to have an Instagram account (“Social Account”). Creating such Social Account is free, but is subject to the account provider’s applicable terms and conditions (http://instagram.com/about/legal/terms/#). If you enter the Contest or post on the Social Account via a mobile device using your wireless carrier’s network, standard data charges from your wireless carrier may apply. Your account settings on the Social Account must be set to “unprotected” and/or “public” in order for your comments to Sponsor’s posts to be viewable by Sponsor.
For the duration of the Entry Period, the Sponsor will publish two (2) posts for the Contest on its Instagram account – @DefineAmerican – that will promote the Contest and describe what Prize (defined below) is subject of the Contest. To enter, an eligible entrant must satisfy all of the following during the Entry Period: (a) log into your Instagram account; (b) follow @DefineAmerican on Instagram; (c) like a post from @DefineAmerican promoting the Contest; and (d) tag the Instagram accounts of two (2) friends on the post from @DefineAmerican promoting the Contest. The satisfaction of all these requirements will result in one (1) entry in the Contest. Your Post will be referred to as your “Submission.”
Your Submission need not include any reference, positive or negative, to Sponsor’s products or services. By posting your Submission, you agree that it conforms to the guidelines, permissions, and content restrictions below, and that Sponsor may disqualify you if it believes that your Submission fails to conform.
- The Submission must meet the format and size requirements of the social platform used to enter; and
- The Submission must include #SparkConversations.
Eligible entrants must enter in accordance with these Official Rules. No other method of entry will be accepted. Limit one (1) entry per person/Instagram account/e-mail address/household. If more than one (1) entry is received by the same participant, then the first entry, as determined by the Sponsor, will be considered the only valid and eligible entry. Additional entries beyond the specified limit or submitted after the Entry Period will be void. You may not enter more times than indicated by using multiple e-mail addresses, identities, or addresses in an attempt to circumvent the Official Rules. Automated entries are prohibited, and any use of automated devices will cause disqualification. Entries must not contain any derogatory references to Sponsor. If the participant uses fraudulent methods or otherwise attempts to circumvent the Official Rules, then his or her submission may be removed from eligibility at the sole discretion of the Sponsor. The Sponsor reserves the right, in its sole discretion, to disqualify any entry at any time, which in their opinion, does not comply with these Official Rules. The Sponsor is not responsible for lost, late, incomplete, void, corrupted, misdirected, misaddressed, or otherwise erroneous entries or for any problems, malfunctions, or technical difficulties that arise during the entry process. Any incomplete or incorrect entries will be deemed void and disqualified from consideration in the Contest. Proof of submission will not be deemed to be proof of receipt by the Sponsor. Once submitted, all entries shall be the property of the Sponsor and will not be returned or acknowledged. Any entries that do not comply with the Content Restrictions or otherwise with these Official Rules, are void. All entries submitted in compliance with the Official Rules and not disqualified are considered “Eligible Entries” for the purposes of the Contest.
Permissions: Entrant must have permission from any recognizable individuals (or their parent or legal guardian, in the case of minors) who appear in the Submission to use their names and likenesses in the Submission and to grant the rights set forth in Section 6. If requested, entrant must be able to provide such permissions or proof in a form acceptable to Sponsor.
- The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights or laws;
- The Submission must not contain content created by a third party, such as images or artwork;
- The Submission must not contain pornography, adult-oriented content or any other sexually-explicit material;
- The Submission must not contain materials relating to lotteries or gambling;
- The Submission must not feature brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use in his/her Submission in this Contest;
- The Submission must not contain audio and/or visual content owned by any third party (e.g., recorded music; pre-produced video);
- The Submission must not contain individuals under legal age of majority without providing a signed release from parent or legal guardian;
- The Submission must not contain explicit language or content, images of violence, or promotion of illegal activities;
- The Submission must not contain dangerous stunts;
- The Submission must not contain tobacco, alcohol or drugs or real weapons of any kind including, but not limited to, guns, knives or projectiles;
- The Submission must not disparage Sponsor or any other person or party;
- The Submission must not contain material that is inappropriate, offensive, indecent, obscene, tortious, defamatory, disparaging, slanderous or libelous;
- The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age or any other basis protected by federal state or local law, ordinance, or regulation; and
- The Submission must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any state where Submission is created.
Any entry that does not comply with the foregoing, in the sole discretion of the Sponsor, will be disqualified.
Submissions generated by script, macro, or other automated means are void. Multiple entrants are not permitted to share the same Social Account. In the event of a dispute as to any registration, the authorized account holder of the Social Account used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address used to create the Social Account. Each potential winner may be required to show proof of being an authorized account holder. Released Parties (as defined in Section 10, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, unintelligible, garbled, delayed, or misdirected Submissions, or failure to receive Submissions due to limitation of third-party social network platforms, all of which will be void.
By participating in the Contest and submitting an entry, each entrant warrants and represents that he or she is at least eighteen (18) years of age or older (except in the case of legal residents of certain states or commonwealths where the legal age of majority is greater than eighteen (18) years of age, then such legal age of majority) at the time of entry or are at least thirteen (13) years of age at the time of entry and have a parent’s or legal guardian’s consent and supervision to use Instagram and enter this Contest. You may not use participate in the Contest if you: (a) do not agree to be bound by the Official Rules; or (b) are not at least eighteen (18) years of age or older (except in the case of legal residents of certain states or commonwealths where the legal age of majority is greater than eighteen (18) years of age, then such legal age of majority) at the time of entry or are not at least thirteen (13) years of age at the time of entry or have a parent’s or legal guardian’s consent and supervision to use Instagram and enter this Contest. By participating in the Contest and submitting an entry, each entrant also represents and warrants that he or she has the right, authority, and capacity to participate in the Contest. Be advised that persons under the age of majority in the state or commonwealth in which they reside typically cannot enter into legal agreements. The Website is available to adults in the United States and all other countries. Any misstatements and/or misrepresentations regarding the age or eligibility of an entrant in the jurisdiction of the United States or any other country of any participant in this Contest are not the responsibility of the Released Parties.
6. Sponsor’s Use of Submissions: By posting a Submission, you represent and warrant that the Submission complies with these Official Rules and you grant to Sponsor (and its designees) a royalty-free, irrevocable, perpetual, non-exclusive right and license to use, reproduce, modify, publish, create derivative works from, and display such Submission, in whole or in part, on a worldwide basis, and to incorporate the Submission into other works, in any form, media, or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will be asked to sign documentation for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission.
7. Winner Determination: All Eligible Entries received during the Entry Period will be gathered into a database at the end of the Entry Period and one (1) winner of the Contest will be selected by a random drawing from the database, to be held on or about August 5, 2020 at the Sponsor’s office. Subject to verification of eligibility and compliance with the terms of these Official Rules, the potential one (1) winner will be declared the official winner of the Contest (each, the “Winner”). Announcement and instructions for the Prize (defined below) will be sent via the Social Account used to enter and/or posting on Instagram, within forty-eight (48) hours of drawing date. Each entrant is responsible for monitoring for any Contest-related communications. The potential winner shall forfeit the Prize (defined below) and a new winner will be randomly selected from the remaining Eligible Entries in each of the following scenarios: (a) the potential winner cannot be reached by Sponsor within two (2) calendar days from the time award notification was sent, using the contact information provided at the time of entry; (b) the potential winner is ineligible under the Official Rules of the Contest; (c) the potential winner (or parent/legal guardian if winner is a minor in his/her place of residence) fails to timely return all completed forms necessary to claim the Prize; or (d) the Prize is returned as undeliverable. The potential winner, regardless of prize amount, may be required to complete a tax affidavit prior to receiving his or her Prize. The affidavit will request the name, address, and Social Security number of the winner so that the Sponsor can issue an IRS Form 1099 to the Winner, if necessary. In addition, the potential prize winner may be required to present valid identification and to sign additional documentation in order to receive the Prize, including a Declaration of Eligibility, Liability and Publicity Release. If the potential prize winner does not fulfill these requirements or the potential winner fails to comply with these Official Rules, then he or she will be disqualified, the Prize will be forfeited, and a substitute winner may be selected from the remaining Eligible Entries. Prizes may not be awarded if an insufficient number of Eligible Entries are received, as determined by Sponsor. Any violation of these Official Rules by a potential winner, as determined by the sole discretion of Sponsor, will result in his or her immediate disqualification from the Contest and all privileges as the Winner will be immediately terminated.
8. Odds of Winning: Odds of winning depend upon number of eligible entries received during the Contest Period.
9. Prizes: TWO (2) PRIZES: “Immigrants Make America Great” blue hat and 4×4 “All are Welcome” sticker Sponsor will not replace any lost, mutilated, or stolen prizes. Approximate Retail Value (“ARV”) of the Prize is $33.99 USD.
Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize (or a component thereof) for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Prize will be mailed within two weeks after the end of the Contest Period.
All Prize details shall be determined in the sole and absolute discretion of the Sponsor. Each Winner is fully responsible for any and all applicable federal, state, and local taxes (including income and withholding taxes). All costs and expenses associated with the Prize acceptance and use not specified herein as being provided and other expenses incurred by accepting the Prize are the sole responsibility of each individual Winner. The Prize is non-transferable and non-assignable. Sponsor reserves the right to substitute the Prize (or any portion thereof) with a prize of comparable or greater value at its sole and absolute discretion. The Sponsor will not replace a lost, stolen, or misplaced Prize (or any portion thereof). Released Parties (defined below) shall not be liable to the Winner or any other person for failure to supply the Prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, 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, loss of Prize by common carrier, theft, destruction, mutilation, or loss of Prize after deposit of the Prize with a common carrier, or any other cause beyond the Sponsor’s sole control.
10. Release: By receipt of any prize, each winner agrees to release and hold harmless the Sponsor, and Instagram LLC, and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
11. PUBLICATION, LICENSE, AND RELEASE: By entering the Contest and submitting an entry, each entrant: (a) agrees that his/her entry is an original work of authorship and that he/she owns all right, title and interest in the entry as of the date of submission or has all necessary rights and authorizations to submit it and the express permission of all individuals, content, and materials embodied in the entry to submit it for possible use as provided herein; (b) agrees that his/her entry does not infringe upon the copyrights, trademarks, rights of privacy, publicity, or other intellectual property or other rights of any person or entity; (c) grants to the Sponsor and its respective designees the perpetual and unlimited right and license to use, license, edit, modify, duplicate and/or create derivative works from his/her entry throughout the world and in perpetuity, including, but not limited to, the right for Sponsor, as applicable, to publish, display, broadcast, distribute, reproduce, perform, create derivative works from and otherwise use and exploit the entry via the Internet or any other interactive media, on television, in print and/or any other media currently existing and hereafter developed and without limitation and without payment of any compensation to the entrant or his/her heirs and successors, (i) on its own or as part of any audiovisual or other production; (ii) to advertise any products, programming or services of the Sponsor or for any other advertising, marketing, publicizing, and promotional purposes and in any materials related thereto; and/or (iii) for any other purpose whatsoever; and (d) release in perpetuity the Released Parties (defined below) from any claims, demands, losses, and liabilities of any nature arising out of or in any way connected with the entry, and the use thereof as permitted hereunder, including, but not limited to, claims of false endorsement or infringement of rights of publicity or privacy. Nothing herein will obligate the Sponsor to make any use of any of the rights set forth herein.
Acceptance of any prize shall constitute and signify each winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, photo, including winner’s Social Account profile photo, Submission, and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
12. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
13. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third-party use of any Submission.
The Contest is in no way sponsored, endorsed, or administered by Instagram. By participating in the Contest and submitting an entry, each entrant agrees to completely release Instagram from all liability arising from their participation in the Contest.
14. Disputes: Except where prohibited, each entrant agrees that: (1) 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 the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate District of Columbia court located in the District of Columbia, U.S.A.; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the District of Columbia without giving effect to any choice of law or conflict of law rules (whether of the District of Columbia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the District of Columbia.
16. General: The Released Parties are not responsible for stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due or garbled entries, transmissions, e-mail or mail; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections including those through and/or by any website, availability or accessibility or miscommunications or failed computer, satellite, telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; wireless service congestion; failures or malfunctions of phones, phone lines or telephone systems, wireless towers or cellular tower equipment; any error, omission, interruption, defect or delay in wireless or other transmission, processing, or communication; non-delivery; misdirected, blocked, or delayed e-mail notifications; printing, typographical or other errors appearing within these Official Rules, in any Contest-related advertisements or other materials; or any other errors, problems or difficulties of any kind whether human, mechanical, electronic, network, computer, telephone, wireless service, mail, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, or the announcement of the Prize or in any Contest-related materials. The Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. The Released Parties are not responsible for injury or damage to entrants’ or to any other person’s computer and/or wireless device related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest or website or attempt to undermine the legitimate operation of the Contest by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or any representative of the Sponsor or who are in violation of these Official Rules, as solely determined by the Sponsor, will be disqualified and all associated entries will be void. Any attempt to deliberately damage the content or operation of this Contest is unlawful and subject to legal action by the Sponsor and/or their respective agents. Entries generated by a script, macro or other mechanical or automated means will be disqualified. The Sponsor shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Contest, and to resolve all disputes in its sole discretion. The Released Parties (a) make no warranty, guaranty or representation of any kind concerning the Prize (or any portion thereof), and (b) disclaim any implied warranty. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
The Sponsor reserves the right, in its sole discretion, to cancel or suspend the Contest (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Contest (or any portion thereof). In the event of cancellation, the Sponsor may elect to identify the Winner and award the Prize by way of random drawing from among all non-suspect, Eligible Entries received up to the time of such cancellation. The Sponsor also reserves the right, in its sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest.
In the event of a dispute as to the identity or eligibility of a Winner based on an Instagram account, the winning entry will be declared made by the Authorized Instagram Account Holder of the Instagram account used to enter the Contest, provided he or she is eligible according to these Official Rules. For entries via Instagram, the “Authorized Instagram Account Holder” is defined as the natural person who is assigned to an Instagram account by www.instagram.com.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR WILL DISQUALIFY ANY ENTRANT RESPONSIBLE FOR THE ATTEMPT, AND THE SPONSOR AND/OR ITS RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. INDEMNIFICATION AND LIMITATION OF LIABILITY BY ENTERING THE CONTEST, EACH ENTRANT AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY LIABILITY, DAMAGES, LOSSES OR INJURY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THAT ENTRANT’S PARTICIPATION IN THE CONTEST AND THE ACCEPTANCE, USE OR MISUSE OF ANY PRIZE THAT MAY BE WON. THE RELEASED PARTIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS, OR MERCHANTABILITY OF THE PRIZE. THE RELEASED PARTIES DISCLAIM ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM RESULTING FROM ACCESS TO OR THE DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE CONTEST.
17. Winner List: For a winner list, visit www.instagram.com/defineamerican. The winner list will be posted after winner confirmation is complete.
This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram LLC.