Provided an entrant’s Submission conforms to these Official Rules, upon posting a Submission, each entrant will receive one (1) entry into the Sweepstakes. Entrants may be required to submit certain personal information including, but not limited to, the entrant’s first and last name, email address, and phone number as a part of or in connection with each Submission. Entrants will provide their entry information to the Sponsor and not to Instagram.
By submitting a Submission, entrants agree that it conforms to the guidelines and content restrictions below and that Sponsor, in its sole discretion, may remove any entrant’s Submission and/or disqualify an entrant from the Sweepstakes if it believes the entrant’s Submission fails to conform.
No other methods of entry are acceptable.
Odds of winning will depend on the total number of eligible entries received.
Actual value of prize may vary and if the actual value of the prize or any portion thereof is less than the ARV set forth in these Official Rules, no cash equivalent will be awarded. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming, or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
All expenses relating to acceptance and use of the prize that are not explicitly listed herein as being awarded are the sole responsibility of the winner. Prizes will be awarded “as is” with no warranty or guarantee, either express or implied, offered by Sponsor. Releasees are not responsible for damage to a prize or loss of a prize after the prize has been claimed and/or mailed.
WINNER ACKNOWLEDGES THAT PRIZES ARE AWARDED AS-IS. RELEASEES MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LEGAL COMPLIANCE WITH RESPECT TO APPLICABLE LAWS OR NON-INFRINGEMENT AS REGARDS TO ANY PRIZE OR ANY COMPONENTS OF ANY PRIZE. VOID WHERE PROHIBITED, AS SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES.
On or about November 3, 2023, Sponsor will select the five (5) potential winners who made Sponsor’s favorite comments on the Sweepstakes post from among all eligible entries received during the Sweepstakes Period.
The decisions of Sponsor will be final as to all matters, including, but not limited to, whether entries are received timely, whether entries are eligible, or whether an entrant should be disqualified.
ALL POTENTIAL WINNING ENTRIES ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING.
If, for any reason, the entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Sweepstakes entry, if it is possible. If the Sweepstakes, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any prize offered herein.
By entering, entrants grant Sponsor the irrevocable right and permission to use, separately or together, their name, voice, statements, photograph, likeness, recorded performance and/or biographical information, in whole or in part, on the internet and in all media now known or hereinafter developed, in perpetuity throughout the world, for all purposes, including, without limitation, the purposes described in these Official Rules and for general promotional and advertising purposes, without further permission or compensation., without restriction as to alteration, without notice to entrant, and without entrant’s consent, review, or approval, where permitted by law. Furthermore, by entering, entrants represent and warrant that they are the parent or legal guardian of any and all minors appearing in or referenced in their Submissions (each a “Minor Participant”) and hereby grant Sponsor the aforementioned rights and permissions with respect to Minor Participant.
By entering, entrants grant a perpetual, royalty-free and worldwide license to Sponsor of all intellectual property rights in their Submissions. Pursuant to the license granted herein, entrants agree that Sponsor shall have the right to use, edit, adapt, modify, reproduce, promote, display, distribute, perform, assign and otherwise use Submissions in any way they see fit without compensation to entrants. If requested, entrant will sign any documentation required for Sponsor or their respective designees to make use of the non-exclusive rights entrant is granting to use their Submissions. Acceptance of prize offered constitutes permission from winners for taking and use of video and photographs of the winners and their guests and the use by the Sponsor of such video and photographs as well as the winner’s name, voice, biographical information and/or likeness for purposes of advertising and promotion without further compensation in all media now known or hereafter discovered worldwide and on the World Wide Web without notice or review or approval, where permitted by law.
Entrants agree that the rights granted to Sponsor in these Official Rules are without compensation or attribution of any kind. Entrants and entries that fail to comply with any of the provisions of these Official Rules will be disqualified.
Persons who tamper with or abuse any aspect of the Sweepstakes, act in violation of the Official Rules, or act in any manner to threaten or abuse or harass any person, or violate Instagram’s terms of service, as solely determined by Sponsor, will be disqualified. Releasees are not responsible for any incorrect or inaccurate information whether caused by Internet users, tampering, hacking, or by any of the programming or equipment associated with or used in this Sweepstakes, and assumes no responsibility for any errors, omission, deletion, interruption or delay in operation or transmission or communication line failure, theft or destruction or unauthorized Instagram access. Any use of robotic, macro, automatic, programmed or like entry methods will void all such entries, and may subject that entrant to disqualification. Releasees are not responsible for injury or damage to participants’ or any other person’s computer or property related to or resulting from participating in this Sweepstakes. Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in sole opinion of the Sponsor, corrupt or impair administration, security, fairness or proper play of this Sweepstakes, or submission of entries, the Sponsor reserves the right, in its sole discretion, to suspend, modify, or terminate the Sweepstakes, and randomly select the winners from valid entries received prior to the action taken, or otherwise as may be deemed fair and equitable by the Sponsor. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
As a condition of entering this Sweepstakes, each entrant agrees that: (1) under no circumstances will the entrant be entitled or permitted to obtain awards for, and entrant expressly waives all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than actual, out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased; (2) any and all disputes, claims, causes of action, and liability arising out of or connected in any way with this Sweepstakes shall be resolved individually, without resort to any form of class action, and exclusively by litigation conducted in United States District Court for the Middle District of Florida, or any state court located in Orange County, Florida; and (3) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event shall attorneys’ fees be recoverable by any party.
In the event of a dispute regarding entries received from multiple entrants, the entry will be deemed to be entered by the authorized account holder of the e-mail account included in or associated with the Instagram account used to submit the Submission in question. The authorized account holder shall be defined as the natural person to whom the applicable email address has been assigned by the Internet access provider, service provider, or other online organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
This Sweepstakes is subject to all federal, state and local laws and regulations. Taxes, if any, are solely the responsibility of the winners. By entering this Sweepstakes, entrants agree to be bound by these Official Rules, including all entry requirements.
All information submitted by entrants is subject to Sponsor’s Privacy Policy accessible at: https://www.buildabear.com/privacy-policy.html
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