MISFITS MARKET INSTAGRAM COMMENT OR TAG-A-FRIEND SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES
1. SWEEPSTAKES DATES AND TIMES: The Misfits Market Instagram Photo Sweepstakes (“Sweepstakes”) begins when the sweepstakes announcement is posted to Misfits Markets’ Instagram feed (the “Announcement”) and ends when stated in the Announcement (the “Sweepstakes Period”).
2. ELIGIBILITY: This Sweepstakes is open only to individual legal residents of the fifty (50) United States and the District of Columbia, at least 18 years of age (or the age of majority in his or her state of residence if greater than 18) on date of entry. Employees of Misfits Market, Inc. (“Misfits Market” or “Sponsor”) and employees’ immediate family members (parents, spouses, siblings, children, and grandparents, regardless of where they reside), and members of the same household (whether legally related or not), and their respective affiliates, subsidiaries, parent companies, and advertising and promotion agencies are not eligible to enter or to win. Parties that are under any obligation, contractual or otherwise, that would limit or impair Sponsor’s ability to use the Entry as set forth in these Official Rules, and parties that are under a merchandising or similar agreement that would restrict exploitation of any right related to the Entry, are also not eligible to enter or to win. Sweepstakes void where restricted or prohibited. By entering, you represent that you have read these Official Rules and agree to abide by and be bound by all terms of these Official Rules.
3. HOW TO ENTER: To enter the Sweepstakes, you first need to have the Instagram application downloaded on your mobile device and be a registered user at time of entry through completion of Sweepstakes Period. There is no cost to download the Instagram application or to become an Instagram user. If you do not have an Instagram account, you can get information on how to sign up for one for free at https://instagram.com. By submitting your information and creating an Instagram account, you agree to Instagram’s Terms of Use (https://instagram.com/about/legal/terms) and Privacy Policy (https://www.instagram.com/about/legal/privacy/). If you do not agree to these Terms of Use and Privacy Policy, you cannot create an account, or participate in this Sweepstakes.
During the Sweepstakes Period, tag one (1) friend in a comment in the comments section below the Instagram post containing the Announcement (the “Entry”). Each unique comment will be considered an Entry.
OR
During the Sweepstakes Period, add one (1) comment in the comments section below the Instagram post containing the Announcement (the “Entry”). Each unique comment will be considered an Entry.
All Entries must comply with the Entry Requirements set forth in Rule #4 below in order to be eligible and the Instagram Terms of Use (each, an “Eligible Entry”). Entries not submitted in accordance with the instructions provided in these Official Rules are subject to disqualification, in the sole discretion of Sponsor. For the purposes of these Official Rules, receipt of Entry occurs when the Instagram servers successfully receive the uploaded photo. Sponsor shall not bear any responsibility for any late, lost, or misdirected Entries. All Entries become the property of Sponsor.
4. ENTRY REQUIREMENTS: By participating in the Sweepstakes, you warrant that your Entry: (a) is your original work; (b) does not contain any use of names, likenesses, photographs, or other identifying elements, in whole or in part, of any person, living or dead, without permission (proof of which must be provided to Sponsor upon request in a form satisfactory to Sponsor); (c) does not infringe or violate the rights of any third party, including but not limited to copyrights, trademarks, logos, copyrighted material not owned by you (other than Sponsor-related materials), contract and licensing rights, rights of publicity or privacy, moral rights, and any other intellectual property rights; (d) is not subject to any third party agreements, and that Sponsor will not be required to pay or incur any sums to any person or entity as a result of its ownership, acquisition, use, or exploitation of the Entry or rights therein; (e) does not contain hateful content of any kind (including without limitation racism, sexism, etc.), content which promotes violence or harm to another living creature, or any other offensive, obscene, or inappropriate content, the determination of which shall remain in the sole discretion of Sponsor; (f) does not promote any activity that may appear unsafe or dangerous; and (g) does not contain reference to any political agenda or party; (h) has not previously been submitted in any competition and has not won an award of any kind; (i) does not contain any added music or sound; and (j) was made with the understanding that any required permits from local authorities or other permissions have been obtained and are documented sufficiently such that you can show proof of such permissions upon request from Sponsor; You indemnify Sponsor from and against any cause of action, complaints, or other claims arising out of the breach of any of the foregoing warranties. Each Entry may only be submitted by a single Instagram registered user. Group entries will not be accepted. Multiple entrants are not allowed to share the same mobile device or email address. Multiple entrants are not allowed to submit the same Photo. By entering the Sweepstakes, you represent and warrant that you have obtained all necessary rights, licenses, and permissions in writing from any person (or parent/legal guardian if person is a minor) who may have helped create or who may appear in the Entry. You MAY NOT submit Photos of any person other than yourself. If, in the sole discretion of Sponsor, you have breached a representation or warranty contained herein, the Entry will be subject to disqualification. Sponsor reserves the right to disqualify any Entry if, in Sponsor’s sole discretion, it considers an Entry inappropriate in any way or otherwise not in compliance with these Official Rules. Sponsor reserves the right to not award the Prize in the event it does not receive any eligible Entries. Decisions of Sponsor are final and binding.
5. DRAWING: A potential winner (“Winner”) will be selected in a random drawing following conclusion of the Sweepstakes Period. Odds of winning depend on the number of eligible entries received. Designation as the Winner is subject to the potential Winner’s proof of compliance with these Official Rules, continued compliance with these Official Rules, and approval by Sponsor. The decisions of Sponsor are final and binding in all matters relating to this Sweepstakes, including interpretation and application of these Official Rules.
6. NOTIFICATION OF WINNER: Sponsor will notify the potential Winner following conclusion of the Sweepstakes Period by commenting on the Photo posted to the potential Winner’s Instagram account and/or sending the potential Winner a direct message on Instagram. The potential Winner will be required to follow the instructions provided by Sponsor and respond as instructed by Sponsor within the time frame specified. The potential Winner may be required to sign and properly execute an Affidavit of Eligibility and Publicity/Liability Release (where legal) (collectively, the “Release”) and return the Release via email (and subsequently by mail) to Sponsor within the time frame specified. The potential Winner may also be required to perform additional clearance requests at Sponsor’s discretion. Upon receipt and confirmation of documentation, the potential Winner will be named the “Winner”. If the potential Winner fails to properly execute and return all information and/or documents described herein in the time specified by Sponsor, or if the potential Winner declines to accept the Prize, or if the potential Winner is found not to be eligible or not in compliance with these Official Rules, the potential Winner may be disqualified and, at Sponsor’s discretion and time permitting, an alternate winner may be selected (subject to all verification and eligibility requirements of these Official Rules) even if the disqualified potential Winner’s name, Instagram username, or Entry may have already been shown or announced online. In addition, you acknowledge and agree that Sponsor reserves the right to disqualify any potential Winner at any time, in its sole discretion, on the basis of anything contained in, or learned or obtained as a result of, the submitted Release or any other forms requested by Sponsor that, in Sponsor’s sole opinion, would constitute a breach of these Official Rules or any such forms, inclusive of any proof of permission that Sponsor may request in its sole discretion.
7. PRIZE: One (1) Winner will receive the prize stated in the Announcement (“Prize”). Prize is non-transferable; no substitutions allowed, except at the discretion of Sponsor. All details of Prize shall be determined solely by Sponsor. Allow 6-8 weeks for delivery of Prize, pending winner verification. If the Prize is Misfits Market credits, the approximate retail value (ARV) of the Prize is $250.
8. LIMITATION OF LIABILITY: Neither Sponsor nor any of its parents, subsidiaries, and affiliates, nor any of their respective officers, directors, shareholders, agents, and employees, nor Instagram, Facebook, Twitter, or any Internet access providers (collectively “Releasees”) are responsible for: incorrect or inaccurate entry of Entry information; human error; technical malfunction; lost/delayed data transmission; omission; interruption; deletion; defect; failure of any telephone, computer, or other network or of any computer equipment, software, or any combination thereof; inability to access Instagram; late, lost, damaged, misdirected, incorrect or incomplete Entries; or any other problems or errors related to the Sweepstakes. Entries that do not comply with these Official Rules, as determined by Sponsor, will be subject to disqualification from the Sweepstakes.
9. LICENSING OF ENTRY: By entering this Sweepstakes, and to the extent allowed by law, you grant Sponsor and each of its affiliates, licensees, promotional partners, advertising and promotion agencies, and third party marketing entities a royalty-free, perpetual, irrevocable, non-exclusive, sub-licensable, unconditional, fully paid-up, and transferable license to use, edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, adapt, publish, exploit, and use the content of and elements embodied in the Entry in commerce and in any and all media worldwide, without limitation or compensation to you, as well as the absolute right and permission to use your name, Instagram username, biographical data, photograph or other likeness (including your Instagram profile photograph), and prize information. You waive and release Sponsor and Releasees from any and all claims that you may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to Sponsor’s exploitation of the Entry without further notification or compensation to you of any kind, and agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor and Releasees, on the grounds that any use of the Entry, or any derivative works thereof, infringes, or violates any of your rights therein. You hereby acknowledge and agree that the relationship between you and Sponsor is not a confidential, fiduciary, or other special relationship, and that your decision to provide the Entry to Sponsor for purposes of the Sweepstakes does not place Sponsor in a position that is any different from the position held by members of the general public with regard to elements of the Entry, other than as set forth in these Official Rules. By submitting an Entry, you understand and acknowledge that Sponsor has wide access to ideas, photographs, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by its own employees. You also acknowledge that many ideas or photos may be competitive with, similar to, or identical to the Entry and/or each other in theme, idea, format, or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material that has or may come to Sponsor from other sources. You acknowledge and agree that Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of your copyright in and to the submission.
10. ADDITIONAL TERMS: Sponsor reserves the right, in its sole discretion, to disqualify any individual found tampering with the entry process or entry materials. If, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if technical difficulties compromise the integrity of the Sweepstakes, Sponsor reserves the right to void suspect Entries and/or terminate the Sweepstakes and award the Prize from among all Eligible Entries received as of the termination date or as otherwise deemed fair and appropriate by Sponsor.
YOU ACCEPT THE CONDITIONS STATED IN THESE OFFICIAL RULES, AGREE TO BE BOUND BY THE DECISIONS OF THE SPONSOR, WARRANT THAT YOU ARE ELIGIBLE TO PARTICIPATE IN THIS SWEEPSTAKES AND RELEASE RELEASEES FROM AND AGAINST ALL CLAIMS AND DAMAGES ARISING IN CONNECTION WITH YOUR PARTICIPATION AND/OR ENTRY IN THE SWEEPSTAKES AND/OR AWARDING OR USE OF ANY PRIZE AWARDED IN THIS SWEEPSTAKES. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR MOBILE APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND ITS DESIGNEES RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. The use of any automated launching or entry software or any other mechanical or electronic means that permits you to automatically enter is prohibited. In the event of a dispute as to who submitted an Entry, the Entry will be deemed submitted by the authorized account holder of the email address associated with the Instagram Account that submitted the Entry the time of entry. “Authorized account holder” is defined as the person assigned to an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the email address in question. Any Entry information collected from the Sweepstakes shall be used only in a manner consistent with the consent given by entrants at the time of Entry, with these Official Rules, and with Sponsor’s Privacy Policy which can be found at https://www.misfitsmarket.com/pages/privacy. Normal internet access and mobile device usage charges from your carrier will apply.
11. DISPUTES/CHOICE OF LAW: The laws of the United States govern the Sweepstakes. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of you and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of New York or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of New York. You agree that: (a) any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) if the parties are unable to resolve their dispute amicably, such dispute shall be resolved by arbitration; © any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event and under no circumstances will you be permitted to obtain awards for attorneys’ fees; and (d) you hereby waive all rights to claim 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.
12. WHO WON? The Photo of Winner and/or Winner’s name may be posted, at Sponsor’s discretion, on one or more of the following websites: Sponsor’s Instagram account (instagram.com/misfitsmarket); Sponsor’s Facebook page (https://www.facebook.com/misfitsmarket); Sponsor’s Twitter page (https://www.twitter.com/misfitsmarket); an Sponsor’s blog (https://blog.misfitsmarket.com).
13. SPONSOR: Misfits Market, Inc, 1000 Coopertown Road, Delanco, New Jersey 08075. This promotion is in no way sponsored, endorsed, or administered by or in association with Instagram, Facebook, or Twitter.