OFFICIAL RULES FOR FAT BOY GIVEAWAY BY MOONBEAM AGENCY, LLC.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF MONEY WILL NOT INCREASE AND/OR IMPROVE THE CHANCES OF WINNING. The Sweepstakes (“Sweepstakes”) begins on or about 5:00PM CST on JULY 15th 2020 and ends on July 21st, 2020 at 5:00PM CST (the
“Sweepstakes Period”). Entries will only be accepted during the Sweepstakes Period.
PLEASE READ THESE SWEEPSTAKES OFFICIAL RULES (“OFFICIAL RULES”) CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHT TO BRING A LAWSUIT IN COURT TO RESOLVE ANY DISPUTES ARISING HEREUNDER. These Official Rules state that any dispute between you and the Sweepstakes’ Sponsor regarding the Sweepstakes must be resolved in binding arbitration on an individual basis, and in any event may not proceed on a class basis or otherwise seek class-wide relief.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR
ASSOCIATED WITH INSTAGRAM, INC. AND BY ENTERING THE SWEEPSTAKES, ENTRANTS (AS DEFINED BELOW) AGREE TO RELEASE AND HOLD HARMLESS INSTAGRAM FROM ANY AND ALL LIABILITY ASSOCIATED WITH THIS SWEEPSTAKES.
Entry and participation in the Sweepstakes is simple. Please follow the instructions, read the Official Rules and Terms & Conditions; and good luck!
SPONSOR/ADMINISTRATOR: The Sweepstakes is sponsored and administered by Moonbeam Agency, LLC. Inc, Denver Colorado (the “Sponsor”). The Sponsor’s computer is the official time-keeping device for the Sweepstakes.
HOW TO ENTER THE SWEEPSTAKES:
To enter via Instagram, Entrants (as defined below) must have an active and non-private Instagram account (i.e., the account is set to “public”) or sign up for a free Instagram account at www.instagram.com. During the Sweepstakes Period, Entrants (as defined below) should visit Sponsor’s Instagram page (https://www.instagram.com/moonbeam.giveaway/) (the “Website”) and follow the call-to- action as instructed in the advertising for the Sweepstakes on the “how to enter” post by following the Website and every account that the Website is then currently following during the Sweepstakes Period. Once they’ve followed all of the foregoing accounts, the Entrant (as defined below) must return to the original (https://www.instagram.com/moonbeam.giveaway/) instruction post and comment on the post. Upon completing the foregoing, an Entrant (as defined below) automatically will be entered with one (1) entry into the Sweepstakes. Depending on the size of Entrant’s comment, Entrant’s connection, Internet traffic and other circumstances, Entrant’s (as defined below) submission upload may take several minutes to complete. Following any social media account (and/or any account as part of the entry qualifications) as part of the Sweepstakes entry is only for purposes of facilitating eligibility verification and prize fulfillment communication and may be discontinued following the Sweepstakes (i.e., after all the Winners [as defined below] have been verified and announced). For the avoidance of doubt, Entrant (as defined below) will not be entered for a chance to win any of the Prizes (as defined below) if Entrant doesn’t follow all the accounts during the Sweepstakes Period. Entries will not be acknowledged. For purposes of this Sweepstakes, an on-line entry is “received” when the-applicable app’s/site’s servers record the entry information. Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” message) does not constitute proof of actual receipt of an entry for purposes of this Sweepstakes. Sponsor may not receive entries from Instagram users with “private” account settings (i.e., user has set their Instagram Account so that only people the user has approved can view their photos/videos) due to the way Instagram operates its service. Limit of one (1) entry per Entrant (as defined below), regardless of method of entry. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information, accounts or otherwise may result in the Entrant (as defined below) being disqualified. All entries must adhere to the Instagram Guidelines and their Terms of Service that are posted on the Instagram website, www.instagram.com. By submitting an entry via Instagram.com, each Entrant (as defined below) consents to receive from the Sponsor via an Instagram comment, tagging, Instagram direct message, and/or, if applicable, an email notifying such Entrant (as defined below) that he/she is a potential Prize Winner or naming you on Sponsor’s social media page. Entrants (as defined below) must provide all required information to be eligible to enter and win. In addition, Entrants (as defined below) must enter the Sweepstakes using a personally-registered Instagram account. Any Entrant (as defined below) found to be using the Instagram account of a group, company, or other association may be disqualified.
By participating in this Sweepstakes, Entrant (as defined below) acknowledges and agrees that he or she will clearly and conspicuously disclose that he or she is participating in the Sweepstakes in the entry and any online social sharing interaction that references the Sweepstakes or that is used to obtain entries in connection with this Sweepstakes. Sponsor reserves the right in its sole discretion to disqualify any Entrant (as defined below) who does not adequately disclose his or her participation in this Sweepstakes while engaging in any online social sharing interaction during the Sweepstakes Period.
Entries, comments and content submitted or uploaded to any social media sites or other public sites in connection with this Sweepstakes (collectively, “Content Submissions”) may not contain, depict or show any content that: (i) is sexually explicit or suggestive, offensive, lewd, profane, obscene, or contains nudity or racist innuendo; (ii) promotes any activities that may appear unsafe or dangerous, or any political agenda or message; (iii) defames, misrepresents or contains disparaging remarks about Sponsor or other companies; (iv) contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) or copyrighted materials (including photographs, sculptures, paintings, and other works of art or images published via websites, television, movies or other media) owned by others, without permission; (v) contains any personal identification, such as license plate numbers, last names (first names are permitted), e-mail addresses or street addresses for any person other than Entrant (as defined below), or otherwise infringes on the privacy of any person other than an Entrant; (vi) communicates messages or images inconsistent with the positive image and good will of Sponsor’s brand; and/or (vii) violates any law. Any Content Submissions that contain, depict or show such content; that exceed any required file size or length limits imposed by the Sweepstakes Entities or any third party social media site; and/or that violate these Content Submission requirements and/or the terms of these Official Rules will be disqualified. The Sweepstakes Entities reserve the right in their sole and unfettered discretion to screen and disqualify any Content Submission that they believe is inappropriate or not suitable for publication, that does not comply with these Official Rules, or that is not consistent with the spirit or theme of the Sweepstakes.
The Sponsor reserves the right, in its sole and absolute discretion at any time and for any reason, to request an Entrant (as defined below) to modify, edit and/or re-submit his or her post in order to ensure that the post and complies with the terms hereof, or for any other reason. If such an action is necessary at any point during or after the Sweepstakes, then the Sponsor reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Entrant (as defined below).
Entries that do not follow all the required accounts will not be eligible and will be disqualified. Bulk, automated and/or third-party entries, including those generated by a script, computer program, macro, robotic or other automated means, are prohibited and will be disqualified. Multiple participants are not permitted to share the same email address or Instagram account. Any attempt by any participant to obtain more than the stated number of plays and/or entries by using multiple and/or different identities, forms, registrations, email addresses, logins, or any other methods will void that participant’s plays and/or entries, and that participant may be disqualified at Sponsor’s sole and absolute discretion.
In the event of a dispute as to any entry, the authorized account holder of the email address associated with the pertinent Instagram account will be deemed to be the Entrant (as defined below). The “authorized account holder” 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. Potential Winners (as defined below) may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Entries that are incomplete, illegible, corrupted, damaged, false, lost, late or misdirected, deceptive, profane or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. All potential winners are subject to verification before any prize will be awarded.
The Sponsor may run multiple campaigns, contests, sweepstakes or other promotions simultaneously. For the avoidance of doubt, entry into one (1) campaign, contest or sweepstakes does not constitute entry into any other.
ELIGIBILITY: The Sweepstakes is only open to legal residents of the United States of America (excluding residents of Florida, New York and California, Puerto Rico, all U.S. territories and possessions and all overseas military installations) who are at least eighteen (18) years of age or the age of majority or older at the time of entry (nineteen (19) years of age in Alabama and Nebraska, twenty-one (21) years old in Mississippi), in currently reside in their respective states of permanent residence at the time of entry (individually and Entrant and collectively the “Entrants”).
Employees, officers, directors, and representatives of the Sponsor, or any of their respective parent, subsidiary, and/or affiliate companies, and each of their respective employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives and advertising and promotional agencies, and the officers, directors, agents, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers, webmasters, and employees of each of the foregoing, and members of their immediate families (defined as including spouse, biological, adoptive and step- parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above (collectively, the “Sweepstakes Entities”) are NOT eligible to participate in this Sweepstakes. Non- eligibility or non-compliance with any of these Official Rules will result in disqualification. (For the avoidance of doubt, any references in these Rules to Entrants shall also include the Entrants who are deemed the Winners (as defined below).
NOTE ABOUT PARTICIPATION VIA MOBILE DEVICE: If Entrant (as defined below) opts to receive any of Sponsor’s messages or otherwise participate in the Sweepstakes via Entrant’s wireless mobile device (which may only be available via participating wireless carriers and is not required to enter), standard text messaging rates or data charges may apply. Other charges may apply (such as normal
airtime, data charges and carrier charges) and may appear on Entrant’s (as defined below) mobile phone bill or be deducted from Entrant’s prepaid account balance. Wireless carriers' rate plans or data plans may vary, and Entrant (as defined below) should contact Entrant’s wireless carrier for more information on messaging rate plans and charges relating to Entrant’s participation in this Sweepstakes Participation in this Sweepstakes by mobile phone means that Entrant (as defined below) understands that Entrant may receive additional messages from Sponsor relating to this Sweepstakes, including to notify Entrant if Entrant is a potential winner in this Sweepstakes, which will be subject to the charges pursuant to Entrant’s carriers rate plan. Cell phone service may not be available in all areas. Check your phone capabilities for specific instructions.
INFLUENCER: The “Influencer” is the celebrity(ies) on Instagram that Sponsor has chosen to represent and promote the giveaway on their respective Instagram account.
AGREEMENT TO OFFICIAL RULES: By participating, Entrant fully and unconditionally agrees to abide by, comply with, and be bound by these Official Rules and the decisions of the Sponsor, including the interpretation of these Official Rules, which are final and binding in all matters relating to the Sweepstakes. All Sales are Final. Winning a Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.
SWEEPSTAKES PERIOD: Sweepstakes Entrants will only be accepted during the time frame of the launch, which will be on or about 5:00PM CST on JUNE 29th, 2020 to 5:00PM CST on JULY 1st, 2020.
GENERAL CONDITIONS: Sponsor reserves the right, in its sole discretion, to cancel, terminate, extend, suspend, and/or modify the Sweepstakes, or any part of it, at any time, without liability to any Entrant for any reason, if for any reason the operation, security, fairness, integrity, proper conduct, or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to:
The Sponsor reserves the right, at its sole discretion, to disqualify any individual it deems in its sole discretion to be tampering or attempting to tamper with the Entry process or the operation of the Sweepstakes, Sponsor’s Website, or any website associated with the Sweepstakes, and/or the legitimate operation of the Sweepstakes; or acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. CAUTION: ANY ATTEMPT BY ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Sweepstakes or suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award a Prize at random from among the eligible, non-suspect entries received up to the time of the impairment.
Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
RELEASE AND LIMITATIONS OF LIABILITY:
By participating in the Sweepstakes, Entrants agree to
release, defend, indemnify, and hold harmless Sponsor, Influencer, Administration, Instagram, Facebook, and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional fulfillment, and marketing agencies, website providers, web masters, and each of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) from and against any and all claims, causes of action, liability, costs (including attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out of or relating to the Sweepstakes and/or receipt and/or use of a Prize (defined below), and agree that the Released Parties are in no way
responsible for any issues arising from the foregoing, including, but not limited to:
Released Parties assume no responsibility for any false, incorrect, changed, incomplete or illegible contact information, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or Entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to Entrant’s or any other person’s computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
DRAWING AND NOTIFICATION: The potential Prize Winners will be selected in a random drawing from among all eligible Entries received throughout the Sweepstakes Period on or about August 16th ,2020 at 5:00PM CST. The Prize drawing will be conducted by the Sponsor, who will have complete discretion over the interpretation of the Official Rules, of the administration of the Sweepstakes, and the selection of winners, and whose decisions are final and binding. Each potential winner will be contacted by the Sponsor via Instagram Direct Message promptly thereafter. The odds of winning a Prize will depend on the total number of eligible entries received throughout the Sweepstakes Period. Notification is deemed to have occurred immediately upon Sponsor sending a direct message or email, and/or placing of a phone call to Entrant. The Entrant must respond within six (6) hours of the first attempted notification (or such other shorter period as the Sponsor specifies). The Sponsor is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email account to receive email messages. It is Entrant’s responsibility to timely set Entrant’s account settings to accept contacts by Sponsor and to timely check Entrant’s account for such messages. Each Entrant is responsible for monitoring Instagram for the notification and communications regarding the Sweepstakes. Sponsor has no liability for potential winner’s failure to receive notices due to filters, security settings or provision of incorrect or non-functioning contact details. If the winner notification remains unanswered for more than six (6) hours, the Prize will be forfeited in its entirety and an alternate Winner (as defined below) will be selected.
Except where legally prohibited, each potential Prize Winner may be required by Sponsor to sign and return, within six (6) hours of being notified (unless a shorter period of time is specified by Sponsor), an Affidavit of Eligibility, Prize Acceptance Agreement, Liability; Publicity Release, as well as any applicable tax documents (e.g., a W-9) in order to claim his/her prize. If (i) a potential Prize Winner cannot be contacted per above, (ii) the Prize notification is returned rejected, faulty, unclaimed or returned as undeliverable to such Prize Winner after the first attempt to contact him/her, (iii) if he/she fails to sign and return the Affidavit of Eligibility, Prize Acceptance Agreement, Liability & Publicity Release or other required document within the required time period (if applicable), (iv) if any Prize Winner is found to be ineligible or has not complied with these Official Rules, (v) if the potential Winner cannot accept any portion of the Prize or declines a Prize for any reason prior to award, or (vi) in the event that a potential Prize Winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate Winner selected by a random drawing from among all remaining eligible entries.
Non-compliance shall result in disqualification and award of the Prize to an alternate Entrant. The Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential Winners, or if potential Winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential Winner to provide signed parental or guardian consent.
Verification of Potential Winners: ALL POTENTIAL WINNERS ARE SUBJECT TO
VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
Once the Winners (as defined below) have been verified, the Winners will be announced on Sponsor’s
Website via Instagram stories on or about August 16th, 2020 on or about 5:00PM CST.
Prize: $10,000.00 USD
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 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.
Any difference between ARV and actual retail value of any of the Prizes will not be awarded to the Winner. All Prizes must be accepted as awarded and Entrant(s) hereby acknowledge that the Prizes are awarded “as is” and Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Prize(s), including, without limitation, to the Prize(s) quality, merchantability or fitness for a particular purpose or express warranties(if any) provided exclusively by the Prize(s) supplier(s) that are sent along with the Prize(s). Sponsor is not responsible for any lost or stolen Prize(s) and Sponsor takes not responsibility for a Prize being damaged, delayed, or lost in transit. If any part of the Prize contains any cash component, the cash component will be transferred via PayPal, wire transfer, or any other reasonable method specified by Sponsor to the Winner’s nominated account. The Sponsor is not responsible for any error in banking or PayPal details provided by the Prize Winner. The Prize Winner should seek independent financial advice prior to acceptance of their Prize to determine if any tax implications may arise from their Prize winning. The Sponsor accepts no responsibility for any liability or tax implications that may arise in connection therewith. If any Prize(s) are unavailable for whatever reason, Sponsor reserves the right to substitute the Prize(s) for a Prize of equal or greater value, subject to state regulation. Prize cannot be substituted, assigned, transferred, or redeemed for cash except at Sponsor’s sole and absolute discretion. The Prize’s(s’) details and availability are subject to change, and in the event that Sponsor is unable to provide the Winner with any of the Prizes, the Sponsor may elect, at the Sponsor’s sole and absolute discretion, to provide a Winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value. The stated AVR of each of the Prizes is based on available information provided to Sponsor and the value of any of the Prizes awarded to a winner may be reported for tax purposes as required by law. By accepting a Prize, the Winners agree to release and hold harmless the Released Parties, each of their related companies, and each of their respective officers, directors, employees, shareholders, and agents from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the Prize(s). The Winners are solely responsible for all applicable local, state, and federal taxes and all expenses and fees related to or associated with the receipt of their Prize not specifically stated herein.
Sponsor reserves the right to withhold and/or deduct such taxes and
charges from the Prize(s) if and to the extent required by applicable law. The Winners must note that the value of their accepted Prize is taxable as income. The Winners are solely responsible for all matters relating to their Prize after it is awarded. An unclaimed Prize will be forfeited. All Prizes will be awarded provided that a sufficient number of eligible entries are received. Limit one Prize per person and per household.
EXCEPT WHERE PROHIBITED BY LAW, ENTRANTS GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), THEIR SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND SWEEPSTAKES AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO THEIR AUTHORITY, THE IRREVOCABLE RIGHT AND PERMISSION 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, EACH ENTRANT’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, AND/OR BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (NOW KNOWN OR HEREAFTER DEVELOPED) (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES
OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE(S).
BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES RELATED ACTIVITY, INCLUDING ACCESS TO AND USE OF SPONSOR’S WEBSITE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE WEBSITE AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. INTELLECTUAL PROPERTY: BY SUBMITTING AN ENTRY, ENTRANT AGREES THAT ALL CONTENT SUBMISSIONS THAT ENTRANT MAY SUBMIT TO SPONSOR OR OTHERWISE POST IN CONNECTION WITH THIS SWEEPSTAKES, INCLUDING ALL RIGHTS EMBODIED THEREIN, WHETHER SENT VIA THE WEBSITE OR ELECTRONIC MAIL OR INSTAGRAM OR SOME OTHER MEANS, WITH THE EXCEPTION OF PERSONALLY IDENTIFIABLE INFORMATION, ARE DEEMED TO BE NON-CONFIDENTIAL AND NON-PROPRIETARY AND SPONSOR SHALL HAVE NO OBLIGATION OF ANY KIND WITH RESPECT TO SUCH CONTENT SUBMISSIONS. SPONSOR SHALL BE FREE TO EDIT, EXPLOIT, MODIFY, PUBLISH, REPRODUCE, USE, DISCLOSE, DISSEMINATE AND DISTRIBUTE THE CONTENT SUBMISSION TO OTHERS WITHOUT LIMITATION IN ANY AND ALL MEDIA NOW KNOWN OR NOT CURRENTLY KNOWN, THROUGHOUT THE WORLD FOR ANY PURPOSE WITHOUT COMPENSATION, PERMISSION OR NOTIFICATION TO ENTRANT OR ANY THIRD-PARTY. ENTRANT HEREBY GRANTS TO SPONSOR AND ITS LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AN IRREVOCABLE, AND WORLD-WIDE LICENSE TO USE IN PERPETUITY THE CONTENT SUBMISSION IN ANY FORM OR FORMAT AND TO MODIFY THE SAME, AND ACKNOWLEDGES AND AGREES THAT IF SPONSOR DOES USE THE CONTENT SUBMISSION, ENTRANT SHALL NOT BE ENTITLED TO ANY CREDIT, CONSIDERATION, NOTICE OR PAYMENTS OF ANY KIND. ENTRANT WAIVES ANY MORAL RIGHTS HE OR SHE MAY HAVE TO THE CONTENT SUBMISSION, AND AGREES THAT IF SPONSOR ELECTS TO USE CONTENT SUBMISSION FOR ANY PURPOSE, ALL RIGHTS UNDER COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS WHICH MAY RESULT FROM THAT RELATING TO ENTRANT'S CONTENT SUBMISSION OR FROM USE OF THE SAME BY SPONSOR SHALL BE THE SOLE PROPERTY OF SPONSOR. ENTRANT FURTHER AGREES THAT IF SPONSOR ELECTS TO USE ENTRANTS CONTENT, SUBMISSION, ENTRANT WILL EXECUTE ANY DOCUMENTS REQUESTED BY SPONSOR REGARDING THIS ASSIGNMENT. IF ANY USE BY SPONSOR OF THE CONTENT SUBMISSION CAUSES IT TO BE LIABLE TO ANY THIRD-PARTY, ENTRANT AGREES TO INDEMNIFY SPONSOR AND ITS AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVE AND ALL RELATED PARTIES FROM AND AGAINST ANY AND ALL DAMAGES, COSTS, JUDGMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) WHICH IT INCURS AS A RESULT OF ITS USE OF THE CONTENT SUBMISSION.
DISPUTES: ALL SALES ARE FINAL. Entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by arbitration in accordance with the terms hereof; provided, Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts of the United States and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of Moonbeam Agency any successor to Moonbeam Agency. In the event Moonbeam Agency is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Miami, Florida. The federal or state law of the United States, which applies to these Official Rules, will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Miami, Florida. In the event the above arbitration provision is determined to be inapplicable, Entrant agrees that any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the courts in Miami, Florida. 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 attorneys’ fees and not to exceed Ten Dollars [$10]). Under no circumstances will Entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforce-ability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the United States, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the United States.
SERVICEABILITY: The invalidity or unacceptability of any provision of these Official Rules will not affect the validity or enforce-ability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant understands and acknowledges that the Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant also acknowledges that many ideas may be competitive with, similar or identical to the Content Submission and/or each other in theme, idea, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material. Each Entrant acknowledges and agrees that the 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 the copyright in and to the Content Submission. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Content Submission or other material submitted in connection with the Sweepstakes, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Content Submission or any material based on or allegedly based on the Content Submission, and the Entrant’s rights and remedies in any such event shall be strictly limited to the right to seek recover damages, if any, in an action at law.
The names of individuals, groups, companies, products and services mentioned herein, within the Sweepstakes, and/or within any posts in connection therewith, and any corresponding likenesses, logos and images thereof reproduced in connection with the foregoing, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective
owners. The mention of any individual, group, or company or the inclusion of a product or service as
a prize, does not imply any association with or endorsement by such individual, group, or company the
manufacturer or distributor of any such product or services and, except as otherwise indicated, no
association or endorsement is intended or should be inferred. The headings herein are for convenience
only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of
the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsor. The waiver by Sponsor of any provision of these
Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Entrant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor and Entrant. Sponsor reserves the right to amend or revise these
Official Rules at any time. Notice of any such change will be posted on the platform in which the Sweepstakes is being administered.
Moonbeam Agency, LLC. SPONSORED SWEEPSTAKES GIVEAWAY WINNERS LIST REQUEST:
The Sweepstakes is not in any manner sponsored, endorsed, administered by, or associated with
Instagram. This Privacy Notice (“Privacy Notice”) is effective as of December 1st , 2019.
This Privacy Notice explains how Moonbeam Agency, LLC. (“we”, “us”, or “our”) collect, use, and share the information that you provide to us. We will collect your name, email address and telephone number to:(i) facilitate your participation in the sweepstakes and/or prize fulfillment; (ii) to fulfill your requests and finalize your transactions; (iii) to comply with the law; (iv) to detect and prevent fraud. We may disclose your personal information as follows: (i) to service providers that help us operate our business;
(ii) when we believe in good faith that the law requires it, pursuant to a court order, subpoena, warrant, or in response to a government inquiry; and (iii) to protect our rights, security, or safety or those of others, and to prevent unauthorized interference with our business. You may request to view, update, or correct your personal information by contacting us using the email address provided below. In order
to protect your privacy, we may take steps to verify your identity before granting you access to the
information or enabling you to make corrections. If you have questions about this Privacy Notice,
please contact us at firstname.lastname@example.org
END OF OFFICIAL RULES
Moonbeam Agency, LLC. Official All Rights Reserved.
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