Seedling Instagram Sweeps
Official Sweepstakes Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM. VOID WHERE PROHIBITED.
Eligibility. The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Colombia (excluding residents of all other U.S. territories, commonwealths and possessions, including but not limited to Puerto Rico who are at least eighteen (18) years of age and have reached the age of legal majority in their state of residence at the time of entry. Employees, officers, and directors of Seedling USA, Inc. and of any company directly connected with the creation and/or administration of the Sweepstakes and of each such company’s respective related companies, and advertising and promotion agencies are not eligible, and immediate family members (defined as parents, siblings, children, and spouses) and persons living in the same household of any such employee, officer, or director are not eligible. The Sweepstakes is subject to all applicable laws and regulations and is void where prohibited by law.
Sponsor. The Sweepstakes is sponsored by Seedling USA, Inc. (the "Sponsor"). Seedling is located at 923 E. 3rd Street #115, Los Angeles, CA 90013.
Timing. The Sweepstakes will run from 7:00am Pacific Standard Time (“PST”) on February 23, 2017 to 11:59pm PST on February 23, 2017 (the "Sweepstakes Period"). Sponsor’s computer is the official time keeping device for the Sweepstakes.
How to Enter. Visit Sponsor’s Instagram profile www.instagram/seedling and comment on the February 23, 2017 post tagging two Instagram friends/profiles. By commenting, you indicate your agreement to these Official Rules. You must have an Instagram account to enter. It is free to sign up for Instagram. In addition, you must follow Sponsor’s Instagram profile so that you are able to receive a direct message from Sponsor if you are selected as a potential winner. Limited to one (1) entry (comment) per per person. Entries attempted through the use of agencies or robotic, repetitive, automatic, programmed, or similar methods will be void. Entries will not be acknowledged.
Prize. (1) Winner will receive two Design Your Own Disney Kits selected in Sponsor’s sole discretion, each with an approximate retail value from $24.99-$39.99. Prizes cannot be transferred, or assigned. No cash or other substitution permitted, except that Sponsor reserves the right in its sole discretion to substitute a prize with another of comparable or greater value. All prizes will be awarded “AS IS” and “WITHOUT WARRANTY OF ANY KIND,” express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
Taxes. The winner is responsible for all taxes and fees associated with prize receipt and/or use.
Prize Drawing and Requirements of Potential Winners. On or about February 26, 2017. Sponsor or its designee will select five 1 potential winner in a random drawing from among all eligible entries received.
The potential winner will be notified via Direct Message on Instagam and asked for their email address. Where prohibited, each potential winner must complete and return an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”) within seven (7) days of being notified. If a potential winner cannot be contacted within three (3) days of the first attempt to contact him or her or fails to sign and return the Affidavit/Release within the required time period, if notification or prize is returned as undeliverable, or if Sponsor determines in its sole discretion that the potential winner is ineligible, an alternate entrant will be selected in his or her place. All prizes will be fulfilled approximately one (1) month after the verification of winners.
Odds of Winning. Odds of winning a prize depend on the number of eligible entries received at the end of the Sweepstakes Period.
Winners' List. The Winners’ List will be compiled after the winners’ confirmation process is complete and will be made available upon written request. Please send all requests for the Winners' List to the following address by April 23: Seedling USA, Inc. Attn: Design Your Own Sweeps, 923 E. 3rd Street #115, Los Angeles, CA 90013.
Publicity. Except where prohibited by law, participation in the Sweepstakes constitutes the winner’s grant to Sponsor and its subsidiaries, affiliates and those acting pursuant to its authority, the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the winner's name, address (city & state), portrait, picture, voice, likeness, biographical information, entry, and comments for advertising and promotional purposes without additional consideration. By participating in the Sweepstakes you agree to release, indemnify, and hold harmless Sponsor, Disney Consumer Products, Inc., Instagram, and each such company’s respective related companies, suppliers, distributors, advertising/promotion agencies and each such company’s respective officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, arising out of or related to, directly or indirectly, in whole or in part, your participation in the Sweepstakes, your entry, or your receipt, use, or misuse of any prize, including but not limited to: (1) claims that your entry violates any intellectual property, publicity, or other rights; (2) claims arising from any use or other exploitation of, or failure to use or exploit, your entry; (3) claims arising out of any breach or alleged breach by you of these Official Rules; (4) claims arising from technical delays or failures of any kind or from printing errors; (5) claims arising from unauthorized human intervention during any part of the Sweepstakes; (6) claims arising from technical or human error during the administration of the Sweepstakes or the processing of entries; (7) claims arising from lost, late, incomplete, illegible, misdirected, postage-due, or undeliverable mail or email; (8) claims arising from injury, death, or damage to persons or property; or (9) claims based on defamation, infringement of intellectual property rights, or on the rights of privacy or publicity. To the extent permitted by applicable law, all judgments or awards shall be limited to the actual out-of-pocket costs associated with participation in the Sweepstakes, and in no event shall the Released Parties be liable for attorneys’ fees or any indirect, special, punitive, incidental and/or consequential damages, whether foreseeable or not and whether based on negligence or otherwise. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY SO THE ABOVE MAY NOT APPLY TO ALL PARTICIPANTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Additional Terms. Sponsor reserves the right, in its sole discretion, to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, and if feasible, Sponsor may select potential winners from among eligible, salvageable, and non-suspect entries received on or before the termination date. Inclusion in such drawing shall be each participant’s sole and exclusive remedy under such circumstances. Sponsor 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 Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages 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 or any other provision. In the event of a dispute as to any entry, the authorized accountholder of the account used to enter will be deemed to be the entrant. A potential winner may be required to provide identification sufficient to show that he or she is the authorized accountholder. In the event that an entry is confirmed to have been erroneously deleted, lost or destroyed, entrant’s sole remedy shall be another entry into the Sweepstakes. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
Applicable Laws and Jurisdiction. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of California, without regard to any principles of conflict of laws. All disputes arising out of or connected with the Sweepstakes will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Los Angeles, California. Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California.