INSTAGRAM MOTOROLA SMARTPHONE SWEEPSTAKES TERMS AND CONDITIONS
NO PURCHASE NECESSARY TO ENTER OR WIN.
These are the Terms and Conditions (the “Terms and Conditions”) that govern the Instagram Motorola Smartphone Sweepstakes (the “Sweepstakes”). Participation in the Sweepstakes constitutes Entrant’s (defined below) full and unconditional acceptance of these Terms and Conditions.
Eligibility. This Sweepstakes is open to all natural persons who are legal residents of the fifty (50) United States and District of Columbia (the “Territories”) who are at least eighteen (18) years old at the time of entry, or at least thirteen (13) years old with parental consent (the “Entrants”). Entrants shall not include persons residing in other territories, such as Puerto Rico, Guam, or the US Virgin Islands. Entrants also shall not include employees, or shareholders of the Host and their family members. The Sweepstakes is subject to federal, state, and local laws and regulations. Offer is void where prohibited by law.
Host. This Sweepstakes is promoted, sponsored, administered, and otherwise hosted by The Evil Geniuses (EG) LLC (the “Host”). The Host will conduct the Sweepstakes substantially as described in these Terms and Conditions.
Entry Period. The Sweepstakes will begin on September 23rd, 2020 at approximately _____12:00___ PST, and end on October 7th, 2020 at 12:00 PST (the “Entry Period”). The official timekeeping clock shall be the Host’s clock. Entrant’s entry must be received by the Host with the Entry Period to be entered into the Sweepstakes.
Entry Generally. During the Entry Period, Entrants will be permitted to enter the Sweepstakes by completing the Entrance Method (defined below). Entries made by an Entrant but not received or accepted by the Host are void, and the Host is not responsible for any entries not received or accepted. Any fraudulent interference with the entry process or attempt to breach these Terms and Conditions may result in disqualification from this sweepstakes in the sole discretion of the Host.
Entry Method. NO PURCHASE NECESSARY TO ENTER. During the Entry Period, Entrants will be permitted to enter the Sweepstakes by:
- Having (or creating, as applicable) a personal Instagram account;
- Using Entrant’s personal Instagram account, Entrant must “like” the post on Instagram that is posted by the Host and promotes this Sweepstakes; and
- Using Entrant’s personal Instagram account, Entrant must follow the official Evil Geniuses Instagram account (found here: https://www.instagram.com/evilgeniuses/) (collectively the “Entrance Method”).
Declaration of Compliance. By entering this Sweepstakes, each Entrant is consenting to and agreeing with the Declaration of Compliance stated below as “Exhibit A” (the “Declaration of Compliance”).
Limitations on Entries. An Entrant shall be granted one (1) entry into the Sweepstakes for the Entrance Method described above, for a total of up to one (1) entry per Entrant. For the avoidance of doubt, an Entrant may not enter the Sweepstakes more than once. An Entrant may not use multiple accounts to submit an entry. Entries received from any person, e-mail address, or household in excess of the stated limitation will be void, and the Host may choose to disqualify each applicable person in breach of these Terms and Conditions.
Drawing. On or about October 8th, [LK1] 2020 at 17:00 PST, at 400 2nd Ave West, Seattle, WA 98119, the Host, or its agent, employee, player or contractor, will select one (1) entry from Entrants who complete the applicable Entry in a random drawing from among all eligible entries received (the “Potential Winners”). The odds of being selected depend on the number of entries received. The Host will attempt to notify each Potential Winner (the “Notice”) via direct message sent to the Twitter account the Potential Winner completed the Entrance Method with, on or about October 12th, [LK2] 2020. If the Potential Winner cannot be contacted within two (2) days after the date of the first attempt to contact him/her (the “Response Deadline”), the Host may select an alternate Potential Winner in his/her place at random from the remaining non-winning Entrants. For the avoidance of doubt, if a Potential Winner does not respond to the Host by the Response Deadline, the Potential Winner will lose any and all right to the Item (defined below). To receive a list of the winner(s) who received the Item, you may request the same by mailing a self-addressed, postage-paid envelope to: The Evil Geniuses (EG) LLC, ATTN: Sweepstakes, 400 2nd Ave West, Seattle, WA 98119
Winner Notification. Without limiting each Entrant’s consent and agreement with the Declaration of Compliance as stated in the “Entry Method” section above, upon request from the Host, each Potential Winner will be required to complete, electronically sign and submit the Declaration of Compliance within two (2) days of the date Notice or attempted Notice is sent, in order to claim his/her Item (at which point the Potential Winner shall be deemed the “Winner”). If a Potential Winner cannot be contacted, or fails to submit the Declaration of Compliance within the required time period (if applicable), or Item is returned as undeliverable, Potential Winner forfeits the Item. If the Potential Winner between 13 and 18 years of age, or is at least 18 but still considered a minor in his/her jurisdiction of residence, Host reserves the right to award the Item in the name of his/her parent or legal guardian, and the Potential Winner’s parent/guardian will be required to sign the Declaration of Compliance on the Potential Winners behalf and may be required to fulfill any other requirements imposed on the Winner set forth herein. Potential Winners must continue to comply with all Terms and Conditions and any other official rules, as may be set forth by the Company in its sole discretion, and winning is contingent upon fulfilling all other applicable requirements, as determined by the Company. In the event that a Potential Winner is disqualified for any reason, Host will award the applicable Item to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the Item will remain un-awarded, to the extent permitted by law. Item(s) will be fulfilled within approximately ten (10) weeks of the conclusion of the Sweepstakes.
Item. One (1) Winner of the Sweepstakes shall receive a Motorola z4 Smartphone (retail value of $499.99) (the “Item”). All applicable taxes on the Item are the sole responsibility of the Entrant and in no event will the Host be liable for said taxes. Items may not be transferred, assigned, or substituted except in the sole discretion of the Host, where the Host reserves the right to substitute an Item of equal or greater value for any reason. The Host shall determine the order in which the Winners of the Items will be drawn, as applicable, in its sole and absolute discretion. The Item may be delivered to each Winner by manner and means that are in the sole and absolute discretion of the Host, including but not limited to an in-person delivery, USPS, FedEx, UPS.
Publicity Rights. The Winners (and/or Potential Winners, as applicable) grant to the Host a worldwide, fully paid up, royalty free, sublicensable and transferable license to the Winner’s (and/or Potential Winner’s, as applicable) name, likeness, voice, image, photograph, social media account names, submission information, and any other content produced as a result of entering the Sweepstakes and/or winning the Sweepstakes (the “Material”) in connection with the promotion, marketing, and making historical reference to this Sweepstakes.
General Conditions. In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Sweepstakes is unable to run as planned for any other reason, as determined by Host in its sole discretion, the Host may, in its sole discretion, either (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Terms and Conditions or (b) terminate the Sweepstakes and, in the event of termination, award the Item(s) at random from among the eligible, non-suspect entries received up to the time of the impairment. The Host reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Terms and Conditions or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, the Host reserves the right to seek damages (including attorney’s fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Host to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision.
Release and Limitation of Liability. The Host makes no representations or warranties of any kind, express or implied, regarding any item or entrant’s participation in the Sweepstakes. By participating in the Sweepstakes, Entrants agree to release and hold harmless the Host, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Sweepstakes, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the Item(s) (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Sweepstakes, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Sweepstakes; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d)any other errors or problems in connection with the Sweepstakes, including, without limitation, errors that may occur in the administration of the Sweepstakes, the announcement of the winner, the cancellation or postponement of the event and/or the flyover, if applicable, or in any Sweepstakes-related materials; or (e) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrants participation in the Sweepstakes or acceptance, receipt or misuse of the Item(s) (including any travel or activity related thereto). Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the greater of (i) the cost of entering and participating in the Sweepstakes, if any, and (ii) the sum of Fifty Dollars ($50), and in no event shall the Entrant be entitled to receive attorney’s fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Data. The Host may collect person information from each Entrant when the Entrant enters the Sweepstakes. The Host will treat all personal information in accordance with any applicable data protection laws.
Dispute. Each Entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any Item awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in King County, Washington. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, Entrants rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of Washington, without giving effect to any choice of law or conflict of law rules.
Declaration of Compliance
By participating in this the Sweepstakes, I am submitting this Declaration of Compliance to The Evil Geniuses (EG) LLC (“Evil Geniuses”), with the understanding that it will be relied upon by Evil Geniuses in connection with my having been selected the winner of the Sweepstakes. All capitalized terms shall have the same definition as those set forth in the Sweepstakes Terms and Conditions;
I represent that I am eligible to win the Item;
I represent that I satisfy all eligibility requirements set forth in the Terms and Conditions, which I acknowledge I have read and understood, and any other requirements imposed by law;
I hereby represent and affirm that I have read, have complied with and will continue to comply with all the rules, regulations, and Terms and Conditions set forth in the Terms and Conditions;
I have not perpetrated and will not perpetrate any fraud or deception in connection with the contest and have not sought to influence the outcome other than by participating as expressly permitted in the Terms and Conditions;
I will be responsible for all applicable taxes on the Item and hereby agree to indemnify and hold harmless Evil Geniuses for any claim by any governmental agency relating back to the collection of said taxes;
I understand that any non-compliance with the Terms and Conditions may result in my disqualification from the Sweepstakes and other penalties from the Host, including, without limitation, loss of the Item; and
I hereby grant Evil Geniuses an irrevocable fully paid up, worldwide, royalty free, sublicensable and transferable license to display, create derivatives of, and otherwise use my likeness, voice, image, photographs, social media account names, and name in connection with the promotion, marketing, and making historical reference to this Sweepstakes.
If Potential Winner is under the age of 18:
Parent/Guardian Signature: ____________________