Instagram Promotion
Instagram Promotion
OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW.
The following promotion is intended for all players of the Best Fiends STARS game (“Entrants”) and shall be construed and evaluated according to the laws of the United States. Further eligibility restrictions are contained in the official rules (“Official Rules”) below.
1. PROMOTION PERIOD. The Best Fiends STARS Promotion (the “Promotion”) begins at 9 am Pacific Time (“PT”) on January 11th, 2021 and ends at 10 am PT on January 15th, 2021 (“Promotion Period”). The Sponsor of this Promotion is Seriously Digital Entertainment Oy, 1351 4thstreet, Suite 400, Santa Monica, CA 90401 (“Sponsor”).
2. ELIGIBILITY. Promotion is open to all Entrants who are at least thirteen (13) years of age at the time of entry. Promotion is void in Guam, Puerto Rico and all other U.S. territories and possessions and in all countries and territories where restricted or prohibited by law. Employees, shareholders, officers, directors, agents, and representatives of Sponsor and its parent companies, affiliates, divisions, subsidiaries, agents, representatives and promotion and advertising agencies are not eligible to participate in the Promotion. Immediate Family Members and Household Members of such individuals are also not eligible to enter or win. For purposes of the Promotion, “Household Members” shall mean those people who share the same residence at least three months a year and “Immediate Family Members” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. Individuals who have won a prize from Sponsor within the previous thirty (30) days and Immediate Family Members and Household Members of such individuals are also not eligible to win.
3. TO ENTER. You must have an Instagram account to participate in the Promotion. If you do not already have an Instagram account, create an account according to the instructions on Instagram. Please note that you must agree to comply with the Instagram Terms of Use in order to create an account. To enter the Promotion, visit Sponsor’s Instagram page located at https://www.instagram.com/bestfiendsSTARS/and respond with your favorite Fiend on the promotional post (each an “entry”). Entrant must be the rightful owner of the account identified with the entry. In the event of a dispute as to the identity of a winner, the winner will be deemed the natural person in whose name the Instagram account was opened. All accepted entries are at the sole discretion of Sponsor. Limit one entry per Instagram account for the duration of the Promotion. Multiple entries from the same Instagram account will count as one. Your entry must comply with the Instagram Community Guidelines available at https://www.instagram.com/ and must NOT contain material which is sexually explicit or suggestive, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), promotes the use of illegal drugs, tobacco, firearms/weapons or any other activities that may appear unsafe or dangerous, discriminatory (based on race, ethnicity, sex, religion, national origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.) or offensive, threatening, profane, harassing or derogatory to any person. Entries must NOT include any content that infringes upon or otherwise violates the intellectual property or other rights of any person or entity. Entries generated by a script, macro or other automated means will be disqualified. Incomplete, unreadable, or unintelligible entries may be disqualified. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. Participation in the Promotion constitutes Entrant’s understanding of, full and unconditional agreement to, and acceptance of these Official Rules. Sponsor reserves the right to disqualify any entrant that Sponsor determines to be in violation of any term contained in these Official Rules, including the Instagram Community Guidelines or that exceed the entry limitations. Sponsor’s decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally. Sponsor has the right to change the Promotion Period and all other dates or deadlines set in connection with this Promotion, at any time and in its sole discretion and notice will be posted on Seriously.com. Normal internet access and usage charges imposed by your online service will apply. If you participate from your mobile phone, such activity will be subject to the charges pursuant to your wireless service provider’s rate plan. Please consult your wireless service provider for more information. Participants are solely responsible for any related equipment, application, and internet access charges, if any. Sponsor is not responsible for any unauthorized third party use of any entry.
4. PRIZE. Three (3) prizes will be available to win, each consisting of 10 Salt Shaker Boosters. The approximate retail value of each prize is $5 USD.
ALL FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. An IRS Form 1099 may be issued in the name of the winner for the actual value of the prize received. If a prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize of equal or greater retail value will be awarded; provided, however, that if prizes are awarded but unclaimed/forfeited by recipient, prize may not be re-awarded, in Sponsor’s sole discretion. Other restrictions may apply. Limit one prize per household. The prize, and all portions of the prize, are awarded WITHOUT WARRANTY OF ANY KIND, express or implied, without limitation.
5. WINNER SELECTION, CRITERIA AND NOTIFICATION. Potential winners will be selected in a random drawing conducted by Sponsor from all eligible entries on or about January 15th, 2021 The potential winners will be notified on as a “DIRECT MESSAGE” to the winners. A winning entrant will have seven (7) days after the first attempted notification to respond; if such entrant does not respond within seven (7) days, the prize will be forfeited and no alternative winner will be chosen. Potential winner may be required to verify address and complete, sign, and return within twenty-four (24) hours (or a shorter time if required by exigencies) an affidavit of eligibility, a liability release, and, unless prohibited by law, a publicity release and other legal documents as may be required by Sponsor in its sole discretion (collectively, the “Prize Claim Documents”) covering eligibility, liability, and a publicity release. Failure to return the Prize Claim Documents within the specified time period may result in forfeiture of the prize and selection of an alternate winner from the remaining eligible entries for that prize. If such Prize Claim Documents are required, a prize will not be awarded/fulfilled until all such properly executed documents are returned. Sponsor, in its sole discretion, will attempt to contact up to three (3) potential winners of each prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. Sponsor reserves the right to disqualify anyone not fully complying with the Official Rules.
6. CONDITIONS OF PARTICIPATION/RELEASES. Promotion is void where prohibited or restricted by law. All federal, state and local laws and regulations for the country of each Entrant apply. By participating, each Entrant agrees to be bound by these Official Rules and the decisions of the Sponsor, which shall be final in all respects. By participating in this Promotion and/or by accepting any prize that he or she may win, each Entrant agrees to release Sponsor, Instagram and all entities involved in the production, sponsorship and/or promotion of the prize or Sponsor’s games or programming, or any part thereof, and each of their respective parent, subsidiary and affiliated companies, units and sponsors, divisions and advertising and promotional agencies and prize suppliers; each of their respective officers, directors, agents, representatives and employees; and each of these companies and individuals’ respective successors, representatives and assigns (collectively, the “Released Parties”) from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Promotion and/or acceptance or use of the prize. Each entrant authorizes Sponsor to use his/her name, username, voice, likeness, biographical data, city and state of residence and entry materials in programming, games or promotional material, worldwide in perpetuity, or on a winner’s list, if applicable, without further compensation or notice unless prohibited by law. Sponsor is not obligated to use any of the above-mentioned information or materials but may do so and may edit such information or materials at Sponsor’s sole discretion without further obligation, notice or compensation.
The Released Parties shall not be liable for: (i) late, lost, delayed, damaged, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, release forms, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Promotion; (v) acceptance, possession, grant, or use of any prize, including without limitation, personal injury, death and property damage arising there from; (vi) claims based on publicity rights, defamation or invasion of privacy; or (vii) any printing, typographical, human administrative or technological errors in any materials associated with the Promotion. Sponsor disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Promotion. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Promotion (or any portion of the Promotion) should a virus, bug, computer problem, unauthorized intervention or other cause or problem corrupt or inhibit the administration, security or proper play of the Promotion and, in such situation, to select the winner(s) from among all eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Sponsor. Sponsor may prohibit you from participating in the Promotion or winning a prize if, in its sole discretion, it determines you are attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or any other unfair playing practices or intending to annoy, abuse, threaten or harass any other participants or Sponsor’s representatives.
7. ARBITRATION/CHOICE OF LAW. BY ENTERING INTO THE PROMOTION, EACH ENTRANT AGREES THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS PROMOTION (INCLUDING WITHOUT LIMITATION ITS PRIZING) OR RELATING TO THESE OFFICIAL RULES, THEIR ENFORCEMENT, ARBITRABILITY OR INTERPRETATION, SHALL BE SUBMITTED TO JAMS (“JAMS”) FOR FINAL AND BINDING ARBITRATION UNDER ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES IF THE MATTER IN DISPUTE IS OVER US$250,000 OR UNDER ITS STREAMLINED ARBITRATION RULES AND PROCEDURES IF THE MATTER IN DISPUTE IS US$250,000 OR LESS, TO BE HELD IN LOS ANGELES, CALIFORNIA, BEFORE A SINGLE ARBITRATOR. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY SELECTING AN ARBITRATOR FROM A LIST OF ARBITRATORS SUPPLIED BY JAMS. IF THE PARTIES STILL CANNOT AGREE ON AN ARBITRATOR, THE ARBITRATOR SHALL BE APPOINTED BY JAMS. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR’S AWARD IS BASED. THE PARTIES WILL SHARE EQUALLY IN PAYMENT OF THE ARBITRATOR’S FEES AND ARBITRATION EXPENSES AND ANY OTHER COSTS UNIQUE TO THE ARBITRATION HEARING (RECOGNIZING THAT EACH SIDE BEARS ITS OWN DEPOSITION, WITNESS, EXPERT AND ATTORNEYS’ FEES AND OTHER EXPENSES TO THE SAME EXTENT AS IF THE MATTER WERE BEING HEARD IN COURT). NOTWITHSTANDING THE FOREGOING, THE ARBITRATOR MAY REQUIRE THAT SUCH FEES BE BORNE IN SUCH OTHER MANNER AS THE ARBITRATOR DETERMINES IS REQUIRED IN ORDER FOR THIS ARBITRATION CLAUSE TO BE ENFORCEABLE UNDER APPLICABLE LAW. Each Entrant acknowledges that the internal substantive laws (as distinguished from the choice of law rules) of the State of California and the United States of America applicable to contracts made and performed entirely in California shall govern the validity and interpretation of these Official Rules and all other causes of action (whether sounding in contract or in tort) arising out of or relating to these Official Rules.
8. INDEMNITY. Entrant shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with winner’s participation in the Promotion, including, without limitation, the acceptance, possession, grant, or use of any prize, including without limitation, personal injury, death and property damage arising therefrom.
9. PERSONAL INFORMATION/PRIVACY POLICY. Any personal information supplied by entrant to Sponsor will be subject to Sponsor’s privacy policy posted at https://www.seriously.com/privacy-policy/. Without limiting the foregoing, by entering the Promotion, entrant grants to Sponsor permission to share entrant’s personal information with third parties, if needed for the purpose of administration and prize fulfillment.
10. WINNER LIST/OFFICIAL RULES. To obtain a copy of the winner list or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to the Instagram Promotion Winner List/Rules, Seriously Digital Entertainment Oy, 1351 4thstreet, Suite 400, Santa Monica, CA 90401. Requests for the names of the winners must be postmarked no later than March 2021. Vermont residents may omit return postage.
11. DISCLAIMER. This Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram.
