“FLASH YOUR FANGS” ON INSTAGRAM SWEEPSTAKES
Official Rules 2018
No Purchase Necessary To Enter Or Win. A Purchase Of Any Kind Will Not Increase Your Chances Of Winning. Void Where Prohibited. This contest is not affiliated with Instagram.
1. Sweepstakes Name and Sponsor: The full official name of this sweepstakes is the “Flash Your Fangs on Instagram Sweepstakes” (hereinafter referred to as the “Sweepstakes”). The Sweepstakes is sponsored by Susan E. Morton; the website “www.HorrorHouseParty.com,” and the business entity, “Susan E. Morton, Author” (the “Sponsors”).
2. Sweepstakes Period: The Sweepstakes begins at 12:01 am Pacific Time on 05/25/2018 and ends at 11:59:59 pm Pacific Time on 06/08/2018 (the “Sweepstakes Period”). The computer clock of the webmaster hosting the Sweepstakes is the official timekeeping device for the Sweepstakes. One (1) random drawing (the “Random Drawing”) will be held on or about one (1) day after the end of the Sweepstakes Period, from among all eligible entries received during the Sweepstakes Period in order to award one (1) Grand Prize at the end of the Sweepstakes Period.
3. Eligibility: The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia (excluding Puerto Rico, Guam, the U.S. Virgin Islands and other United States territories), who are eighteen (18) years of age or older as of the date of their entry and who have access to the internet prior to learning of this Sweepstakes. Family members and employees of the Sponsors are not eligible to enter or win the Sweepstakes. The Sweepstakes is void everywhere else outside the fifty (50) United States and the District of Columbia, or where otherwise prohibited or restricted by law. The Sweepstakes is subject to all federal, state and local laws. By entering the Sweepstakes, participants are bound by and agree to these Official Rules, and the decisions of the Sponsors, which are final and binding.
3(A). Special Rule for Persons Between the Ages of 13 and 18: Should a person at least thirteen (13) years of age, but not yet eighteen (18) years of age, submit an entry to the contest, the entrant shall be deemed to have entered the contest on behalf of a parent or guardian aged eighteen (18) or over. Should an entrant under the age of eighteen (18) be selected as the winner of the Sweepstakes, the parent or guardian of such winning entrant shall be deemed the winner of the Sweepstakes. The winning parent or guardian must agree to accept all contest terms and conditions before any prize may be awarded. All provisions of paragraph seven (7) of these Official Rules shall apply to the notification of and acceptance by the parent or guardian of the entrant.
3(B). Special Rule for Persons Under Age 13: Persons under age 13 MAY NOT enter this Sweepstakes on their own behalf. Persons under age thirteen (13) MAY ONLY enter this Sweepstakes through an entry posted by a parent or guardian on the account of said parent or guardian. Any entry by a person under age thirteen (13) shall be void, and shall be immediately deleted.
4. Instagram Not Affiliated: The Sweepstakes is not sponsored, endorsed by, administered by, associated with, or affiliated with Instagram.
5. How to Enter: During the Sweepstakes Period, eligible entrants must post an entry (“Contest Entry”) on Instagram containing (1) content as defined below (“Sweepstakes Content”), (2) hashtags as listed below (“Sweepstakes Hashtags”), and (3) a tag notifying the Sponsor as listed below (“Sweepstakes Tag”). There is a limit of one (1) Contest Entry per person per day, regardless of Instagram user name or account used, per Sweepstakes Period. There is a limit of one (1) Contest Entry per person per day, regardless of number of posts made, per Sweepstakes Period. Content Entries will NOT be carried forward into subsequent Sweepstakes Periods. Normal Internet access and usage charges imposed by your on-line service provider may apply. Contest Entries received from any person in excess of the stated limitation will be void. The computer clock of the Sponsors is the official timekeeping device for the Sweepstakes. All Contest Entries become the property of the Sponsors. Posting of a Contest Entry gives permission to the Sponsors to re-post said entry on all social media platforms and on the website www.HorrorHouseParty.com. No verification of receipt of any Contest Entry will be provided.
5(A). Sweepstakes Content: To be eligible, all Contest Entries must contain photographic or graphic content containing fangs, as determined by the Sponsor, or printed content containing the word “fangs.” The use of hashtags containing the word fangs does not satisfy the “printed content” requirement. While “selfie” photographs of a contest entrant wearing fangs are encouraged, they are not required. Posting a “selfie” will NOT increase an entrant’s chances of winning.
5(B). Sweepstakes Hashtags: To be eligible, all Contest Entries must contain the following subject-matter hashtags:
#FlashYourFangs #Fangtastic and #MiddleSchoolHorrorClub .
5(C). Sweepstakes Tag: To be eligible, all Contest Entries must tag the Sponsor with the following user name:
6. Grand Prizes and Approximate Retail Value (“ARV”): One (1) Grand Prize is available to be awarded at the end of the Sweepstakes Period. The ARV of the Grand Prize is Thirty Dollars ($30.00). There is a limit of one (1) Grand Prize per person/household throughout the Sweepstakes Period.
7. Random Drawing & Notification/Acceptance: On or about one (1) day after the end of each Sweepstakes Period, one (1) Random Drawing will be held, from among all eligible Entries received during the applicable Sweepstakes Period, in order to select one (1) potential Grand Prize winner. The Sponsors will conduct the Random Drawing. The decisions of the Sponsors are final and binding on all matters relating to this Sweepstakes. Odds of being selected as a potential Grand Prize winner are dependent upon the total number of eligible Entries received during the applicable Sweepstakes Period. Potential Grand Prize winners must comply with these Official Rules as published in order to accept a Grand Prize and be confirmed as an official Grand Prize winner. Sponsor will notify each potential Grand Prize winner via Instagram in or about twenty-four (24) hours after each Random Drawing. Upon notification or notification attempt, a potential Grand Prize winner will be required to execute and return an affidavit of acceptance, eligibility, liability and publicity release (where legal) within seven (7) calendar days of such notification or notification attempt (or less if specified by Sponsor upon notification or in the release documents) or such Grand Prize will be forfeited and an alternate potential Grand Prize winner, who will be selected in a Random Drawing from among remaining eligible Contest Entries from the applicable Sweepstakes Period, will be notified by Instagram. The Sponsors will attempt to contact each potential Grand Prize winner two (2) times during the seven (7) calendar day period. If notification attempts for a potential Grand Prize winner fail for any reason, or if a potential Grand Prize winner does not comply with these Official Rules, such Grand Prize will be forfeited and an alternate potential Grand Prize winner will be selected from among remaining eligible Contest Entries from the corresponding Sweepstakes Period. Except for winners who are residents of the State of Tennessee, acceptance of a Grand Prize constitutes permission for the Sweepstakes Entities to use the Grand Prize winners’ name, voice, actual or simulated likeness and biographical information in connection with the Sweepstakes and the Sponsors (including, without limitation, for advertising and promotional purposes) in perpetuity, throughout the universe, in all media and mediums the Sponsors see fit, whether now known or hereafter devised, without additional compensation, unless prohibited by law.
8. Grand Prize Conditions: The Sponsors reserve the right to perform a background check on any potential Grand Prize winner as a condition of awarding such Grand Prize. Grand Prize winners are responsible for all federal, state, and local taxes (including income and withholding taxes) and all other costs associated with Grand Prize acceptance and use not specified herein as being provided. No transfers of a Grand Prize, in whole or in part, will be permitted, except at the sole discretion of the Sponsors. The Sponsors reserve the right to substitute a Grand Prize (or portion thereof) with another prize of greater or comparable value, as determined by the Sponsors. All Grand Prize details are at the sole discretion of the Sponsors.
9. General Rules: By entering this Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of the Sponsors, which shall be final and binding in all respects. In the event of a dispute, Contest Entries will be declared made by the authorized account holder of the Instagram account used to submit the Contest Entry (subject to substitutions necessitated by paragraph 3A), and the natural person who is the authorized account holder of the Instagram account used to submit the Contest Entry will be declared the potential Grand Prize winner. “Authorized account holder” of an Instagram account is defined as the natural person who is assigned to the account by Instagram. In the event that any provision(s) of these Official Rules shall be held by a court or other tribunal of competent jurisdiction to be illegal, invalid, or unenforceable, such provision(s) shall be limited or eliminated to the minimum extent necessary so that these Official Rules shall otherwise remain in full force and effect.
10. Limitations of Liability: Entrants, by participating in the Sweepstakes, release and agree to hold the Sponsors and Instagram harmless from and against any and all liability, claims, or actions, of any kind whatsoever, for any injuries, losses, or damages, of any kind, to persons (including death or bodily injury) and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a Grand Prize. Each entrant agrees to indemnify Instagram and the Sponsors from any and all liability resulting or arising from the Sweepstakes and hereby acknowledges that Instagram and/or the Sponsors have neither made, nor are in any manner responsible or liable for, any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any Grand Prize herein. Additionally, the Instagram and/or the Sponsors are not responsible for late, lost, stolen, incomplete, misdirected, garbled, damaged, delayed or undelivered Entries; or for any virus contracted by an entrant’s computer through participation in the Sweepstakes, or for any incorrect or inaccurate information, whether caused by computer or Internet malfunction, interference, tampering, manipulation, weather, natural disaster, acts of war, or by any of the equipment or programming associated with or utilized in the Sweepstakes. The Sponsors and/or Instagram assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation, or for failed computer, satellite, telephone, wireless or cable transmissions, or technical failure or jumbled, scrambled, delayed or misdirected transmissions, technical error, theft, destruction or unauthorized access. The Sponsors and/or Instagram are not responsible for any other errors or difficulties of any kind whether human, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of Contest Entries, the awarding of the Grand Prizes, the selection and notification/verification of potential Grand Prize winners, or in any Sweepstakes-related materials. The Sponsors and/or Instagram are not responsible for lost, interrupted, inaccessible or unavailable network, server, wireless service, Internet Service Provider (ISP), website, or other connections or any combination thereof. The Sponsors reserve the right, at their sole discretion, to disqualify any individual it suspects of tampering with the Contest Entry process or the operation of the Sweepstakes, to be acting in violation of the Official Rules, or to be acting in a unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any person or entity. Any use of robotic, automatic, macro, programmed or like entry methods or third-party software or website, or any other devices, which subvert or manipulate the entry process will void all Contest Entries by such methods, and disqualify any entrant using such methods. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, HORRORHOUSEPARTY.COM RESERVES THE RIGHT TO 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, by reason of, but not limited to, tampering, programming, unauthorized intervention, fraud, technical failures, virus, bug, worms, unauthorized human intervention, or any other causes which the Sponsors, in their sole opinion, deem could corrupt, manipulate or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsors reserve the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and post notice of the action on Instagram, and whereever else the Sponsors see fit. In such an event, the Sponsors will select the potential Grand Prize winners in random drawing(s) from among all valid, non-suspect, eligible Entries received prior to termination, if any, or as otherwise may be deemed fair and equitable by the Sponsors.
UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANTS HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER. IN NO EVENT SHALL SPONSOR BE LIABLE TO ANY ENTRANT OR WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO THE INDIVIDUAL ENTRANT IN THIS SWEEPSTAKES. IN NO EVENT WILL MORE PRIZES THAN THOSE DETAILED IN THESE OFFICIAL RULES BE AWARDED. SPONSOR’S FAILURE TO ENFORCE ANY PROVISION IN THESE OFFICIAL RULES WILL NOT BE DEEMED A WAIVER OF SUCH.
11. Disputes, Governing Law and Venue: THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN SAN DIEGO, CALIFORNIA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
13. Winners’ List: For a list of Grand Prize winners, available after the Sweepstakes Period has ended on June 8, 2018, send an email message, to be received by July 8, 2018, to Dreaditor [at] HorrorHouseParty.com and referencing the “Flash Your Fangs on Instagram Sweepstakes (May 2018) Winners List.”
14. Sponsors: The Sweepstakes is sponsored by Susan E. Morton; the website “www.HorrorHouseParty.com,” and the business entity, “Susan E. Morton, Author,” San Diego, CA 91977.
© 2018 Susan E. Morton and HorrorHouseParty.com. All Rights Reserved.