REFINERY29 x TIMEX INSTAGRAM CONTEST

 

 

Official Rules

 

NO PURCHASE IS NECESSARY TO ENTER OR WIN.  A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.  VOID IN ALASKA, HAWAII, RHODE ISLAND AND WHERE PROHIBITED BY LAW.

Contest may only be entered in or from the 48 contiguous United States (excluding Rhode Island) EXEMPT VOIDED STATES FROM ELIGIBILITY THROUGHOUT IF AND AS APPLICABLE, the District of Columbia and entries originating from any other jurisdiction are not eligible for entry.  This Contest is governed exclusively by the laws of the United States.  You are not authorized to participate in the Contest if you are not located within the 48 contiguous United States (excluding Rhode Island), the District of Columbia. 

1.     CONTEST ENTRY START/END DATES.  Contest begins at 12:00:00 am (midnight) Eastern Time on AUGUST 19, 2015 and ends at 11:59:59 pm Eastern Time on AUGUST 20, 2015 at 11:59:59 pm Eastern Time (ÒContest PeriodÓ).

2.     ELIGIBILITY: The Contest is open solely to legal residents of the forty-eight (48) contiguous states of the United States (excluding Rhode Island), who are at least eighteen (18) years of age and over the age of majority in their jurisdiction of residence at the time of entry. Employees, officers and directors of Refinery 29 Inc. (ÒSponsorÓ), Timex and Roaming Hunger, and their respective parent companies, subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of promotion materials, and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees, officers and directors are not eligible to enter.   Contest is subject to all applicable federal, state and local laws.

 

3.     HOW TO ENTER:  During the Contest Period, access your Instagram application on your mobile device ("Device"), follow the links and instructions to become a follower of @ REFINERY29 AND @TIMEX, and post the photos you take with the Timex watch that you are provided by Refinery29 (at specifically designated locations) with the hashtag #TIMEX2CHILL and the handle @REFINERY29 AND @TIMEX. You must make sure the ÒPhotos Are PrivateÓ option in the account settings on your Instagram account are set to ÒOFFÓ.   Entries must be publicly viewable to be judged for the Contest. You must have an Instagram app and account to enter.  If you do not have the Instagram app, you may download it through the application store on your Device.  The Instagram app is free.

By participating in the Contest, you acknowledge and agree to InstagramÕs Terms of Use at http://instagram.com/about/legal/terms/#, InstagramÕs Privacy Policy at http://instagram.com/about/legal/privacy/#, Refinery29Õs Terms and Conditions at http://www.refinery29.com/terms-and-conditions, Refinery29Õs Privacy Policy at https://www.refinery29.com/privacy, and any other relevant rules, policies or regulations.

Limit one (1) entry per person/per Instagram account.  Multiple entrants are not permitted to share the same Instagram account.  Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Instagram accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification.  In the event of a dispute as to any Instagram account, the authorized account holder of the email address used to register on Instagram will be deemed to be the entrant. The Òauthorized account holderÓ is the natural person assigned 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 submitted address.  Any potential winner may be required to show proof of being the authorized account holder.

If you choose to enter via Instagram using your mobile phone, standard data fees may apply.  You should consult your wireless service provider's pricing plan for details.  You agree to incur any and all charges demanded by their wireless carrier. You should also check your device's features for capabilities and check the device manual for specific use instructions.

Entries will not be acknowledged or returned. Only fully completed entries are eligible.  Proof of submission will not be deemed to be proof of receipt by Sponsor.

4.     REQUIREMENTS OF ENTRIES: By entering the Contest, each entrant agrees that entrantÕs entry conforms to the entry Guidelines and Content Restrictions as defined below (collectively, the ÒGuidelines and RestrictionsÓ) and that Sponsor, in its sole discretion, may remove any entry and disqualify an entrant from the Contest if it believes, in its sole discretion, that the entrantÕs entry fails to conform to the Guidelines and Restrictions. 

 

Guidelines and Restrictions:  Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that:

 

If the entry contains any material or elements that are not owned by the entrant, or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the entry, any and all releases and consents necessary to permit the use and exhibition of the entry by Sponsor  in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the entry.

 

By entering, each entrant warrants and represents the following with respect to entrantÕs entry: (a) the entry will not infringe on any rights of any third parties; (b) the entry complies with the Instagram.com terms of service (http://instagram.com/about/legal/terms/#); and (c) any third parties appearing in the entry have given entrant appropriate consent to be photographed and used in connection with this Contest and as otherwise used by Sponsor, Timex, and Roaming Hunger as set forth herein. Sponsor reserves the right to request releases from any third parties appearing in any entries at any time.  Failure to produce third party releases upon SponsorÕs request may result in disqualification, as determined by Sponsor is its sole and absolute discretion.

 

Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of entries by third parties. Released Parties do not guarantee the posting of any entry.

 

By entering the Contest, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges and Sponsor, including, but not limited to, interpretation and application of these Official Rules, which will be final and binding in all matters relating to the Contest.

 

5.  JUDGING: Eligible entries received during the Contest Period, and which comply with these Official  

Rules, will be judged by SponsorÕs judges, in their sole discretion, based on the following criteria: a) skillful technique (20%), b) image quality (20%), c) the creativity and originality of the look (30%), and (d) following the challenge (30%), and adherence to any posted contest guidelines. One (1) winner will be selected on or about the following date AUGUST 21, 2015. In the event of a tie at any level of judging, the judges will re-evaluate the tied entries according to the Contest criteria until the tie is broken. The tied entries will be put up for a re-vote amongst the judges at the respective level until the tie is broken. The decisions of the judges are final.   .

 

6.   WINNER NOTIFICATION: On or about August 21st, 2015 the first potential Contest winner(s) will

be notified.  If an Instagram entrant is a potential winner, he/she will be notified by Sponsor posting a comment to the potential winnerÕs Submission on the potential winnerÕs Instagram account and potential winner will be required to email Sponsor within five (5) calendar days in order to claim their prize. A Potential winner must respond to SponsorÕs notification within five (5) business days after the date of notification. A potential winner's failure to respond to the Prize notification within the specified five (5) business days will be considered such potential winner's forfeiture of the prize and an alternate potential winner may be selected by SponsorÕs judges. If an entrant is found to be ineligible, an alternate winner may also be selected by SponsorÕs judges.  After initial contact has been made, subsequent communication may take place via e-mail or telephone. Potential winner(s) may be required to sign and return, where legal, an Affidavit of Eligibility, Liability/Publicity Release or rights transfer document within seven (7) calendar days of receipt.  Additionally, potential winner(s) may be required to provide to Sponsor all obtained releases from any and all third parties appearing in their respective entries.  If such documents are not returned within the specified time period, a prize or prize notification is returned as undeliverable, or a potential winner is not in compliance with these Official Rules, that potential winnerÕs prize will be forfeited and an alternate winner will be selected.  Upon prize forfeiture, no compensation will be given.  In the event of a dispute as to the identity of any potential winner, Sponsor reserves the right in its sole discretion to select another winner and the unidentifiable potential winner will forfeit all rights to a prize.

 

 7.   PRIZE(S): A $1,500 American Express Gift Card (subject to all American Express terms and

       conditions).  No substitutions or cash redemptions.  In the case of unavailability of any

       prize or part of a prize, Sponsor reserves the right to substitute a prize of equal or greater value. All

       unspecified expenses are the responsibility of winner(s).  Limit one (1) prize per person or  

       household.

 

       The prize is awarded Òas isÓ with no warranty or guarantee, either express or implied. Winners are

       responsible for all applicable federal, state and local taxes, if any, as well as any other costs and

       expenses associated with prize acceptance and use not specified herein as being provided.  Where       

       applicable, taxes may be withheld by Sponsor and Sponsor shall have no obligation to adjust any

       prizes or otherwise compensate winners for any taxes withheld.  Each winner agrees to furnish

       Sponsor with or execute any additional document requested by Sponsor in connection with the

       awarding of any prize.

 

8.   GENERAL CONDITIONS:  By participating, each entrant agrees: (a) to abide by these Official  

Rules and decisions of Sponsor and SponsorÕs judges, which shall be final and binding in all respects relating to this Contest; and (b) to the use of his/her name, voice, performance, photograph/video, image or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so.

 

9.   LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ENTRANTS   

AND WINNERS AGREE TO RELEASE AND HOLD HARMLESS SPONSOR, TIMEX, ROAMING HUNGER, INSTAGRAM AND THEIR ADVERTISING AND PROMOTIONS AGENCIES AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, SHAREHOLDERS, OFFICERS AND DIRECTORS (COLLECTIVELY, ÒRELEASED PARTIESÓ), FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND DEATH WHICH MAY OCCUR IN CONNECTION WITH, PREPARATION FOR, TRAVEL TO, OR PARTICIPATION IN CONTEST, OR POSSESSION, ACCEPTANCE AND USE OR MISUSE OF PRIZE OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY AND FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT OR ANY OTHER INTELLECTUAL PROPERTY-RELATED CAUSE OF ACTION.  By entering the Contest, entrant explicitly releases, discharges and holds harmless the Released Parties from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including attorneys' fees and experts fees and costs, which he/she now has or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of his/her participation in the Contest and the acceptance and use or misuse of the prize, to the maximum extent permitted by applicable law.

 

10.  USE OF ENTRIES:  By submitting an entry, each entrant hereby grants Sponsor a non-exclusive,

perpetual, irrevocable, fully transferable and sublicensable right and license to use, modify and otherwise fully exploit the entry submitted (including the copyright thereto and all rights embodied therein).  For clarity, the foregoing license permits Sponsor and its designees to exploit, edit, modify, and distribute the entry and all elements of such entry, including, without limitation, the names and likenesses of any persons or locations embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission or notification to entrant or any third party, and entrant hereby agrees to execute specific consent to such use if asked to do so.

 

11.  MISCELLANEOUS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, illegible, stolen, delayed, misdirected, undelivered, or garbled entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, 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, the drawing for prizes, the announcement of the prize, or the incorrect uploading of the photo or in any Contest-related materials.  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 Contest.  Released Parties are not responsible for injury or damage to any person's computer 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 the applications or websites of any Released Party, or who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Should any portion of the Contest be, in SponsorÕs sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential winner from all eligible, non-suspect entries received prior to action.  Notwithstanding the foregoing, Sponsor may seek equitable relief in any court of competent jurisdiction.  If any provision of these rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these rules otherwise remain in full force and effect and enforceable.  CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE SPONSORÕS OR INSTAGRAMÕS WEBSITES OR APPLICATIONS OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYSÕ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

12. ARBITRATION/governing law: EXCEPT WHERE PROHIBITED BY LAW, AS A CONDITION OF PARTICIPATING IN THIS PROMOTION, ENTRANT AGREES THAT (1) ANY AND ALL DISPUTES AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY FINAL AND BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND HELD AT THE AAA REGIONAL OFFICE NEAREST THE ENTRANT; (2) THE FEDERAL ARBITRATION ACT SHALL GOVERN THE INTERPRETATION, ENFORCEMENT AND ALL PROCEEDINGS AT SUCH ARBITRATION; AND (3) JUDGMENT UPON SUCH ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES, INCLUDING ATTORNEYS' FEES, OTHER THAN ENTRANTÕS ACTUAL OUT-OF-POCKET EXPENSES (I.E., COSTS ASSOCIATED WITH PARTICIPATING IN THIS PROMOTION), AND ENTRANT FURTHER WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED. THE ARBITRATION SHALL BE CONDUCTED IN THE STATE OF NEW YORK, CITY OF NEW YORK.

THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York.  The parties agree not to raise the defense of forum non conveniens. 

13.  USE OF DATA.  Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy.  Please review SponsorÕs privacy policy http://www.refinery29.com/privacy.  By participating in the Contest, entrants hereby agree to SponsorÕs collection and usage of their personal information and acknowledge that they have read and accepted SponsorÕs privacy policy. 

 

14.  REQUEST FOR WINNER: For the name of the winner, available after August 21st, 2015, send a self-addressed, stamped, envelope to: REFINERY29 x TIMEX INSTAGRAM CONTEST, Refinery 29 Inc. 225 Broadway, 23rd Floor, New York, NY 10007.

 

 

Sponsor:  Refinery 29 Inc., 225 Broadway, 23rd Floor, New York, NY 10007.

 

THE PROMOTION IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM. YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO INSTAGRAM.