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VSCO Make it Anyway Contest Official Rules

VSCO Make It Anyway Contest

Official Rules

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

 

OPEN ONLY TO ELIGIBLE RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA WHO, AS OF THE TIME OF ENTRY, ARE AT LEAST 13 YEARS OLD.

 

VOID IN PUERTO RICO AND ALL JURISDICTIONS OTHER THAN THOSE STATED ABOVE AND WHERE PROHIBITED OR RESTRICTED BY LAW.

 

  1. Sponsor

Visual Supply Company, 1500 Broadway, Ste 300, Oakland, CA 94612.

 

  1. Eligibility

The VSCO Make It Anyway Contest the (“Contest”) is open only to individuals who (i) are thirteen (13) years of age or older at the time of entry and (ii) are residents of the fifty (50) United States or the District of Columbia. Void in Puerto Rico and all jurisdictions other than those stated above and where prohibited or restricted by law. The following individuals are not eligible to enter or win a prize: officers, directors,  employees, agents and representatives of Visual Supply Company (“Sponsor”), and its parents, subsidiaries, affiliated companies, marketing agencies, and any other parties involved in the administration of the Contest (Sponsor, collectively with the foregoing, the “Contest Parties”) and each of the immediate family members of such excluded individuals (i.e., spouses, parents, children, siblings and the “steps” of each) and all persons living in the same household of each. By participating in this Contest, participants agree to be bound by these official rules (“Official Rules”) and by the decisions of the Sponsor, which shall be final in all matters relating to the Contest.

 

  1. Contest Entry Period

The entry period for the Contest starts on June 27, 2019 at 10:00:00 AM PT and ends on July 1, 2019 at 11:59:59 PM PT (“Entry Period”). Sponsor’s computer is the official time keeping device for the Contest.

 

  1. How to Enter

NO PURCHASE NECESSARY AND NO ENTRY FEE, PAYMENT OR PROOF OF PURCHASE IS NECESSARY TO PARTICIPATE.

 

Step 1: During the Entry Period, log on to your Instagram account (or create a free account at www.instagram.com if you do not already have one). 

 

Step 2: Follow @VSCO.

 

Step 3: Look for the Make it Anyway Contest Instagram post in @VSCO’s feed. Comment on the post by tagging a friend and including the hashtag #VSCOcontest and #VSCO. The friend you tag will be the friend that will be eligible to win a prize.  Your friend must be a resident of the 50 United States or D.C., 13 years of age or older at the time of entry and must not currently be a VSCO member.  If you tag multiple friends in your post, only the first friend you tag will be considered in the prize drawing.

 

 

Entries generated by script, macro, mechanical or other automated means are void.

 

Each participant may only use one (1) Instagram account to enter the Contest and must comply with all Instagram platform terms.

 

By submitting or posting an entry, you represent and warrant that your entry material:

  • is your own original work of authorship or that you have all rights necessary to submit the entry material and to grant the rights to Sponsor to use your entry material as set forth in these Official Rules;
  • does not contain content that violates or infringes another’s rights, including but not limited to, privacy, publicity, copyright, trademark, trade secret, trade dress, patent, or intellectual property rights;
  • does not contain advertisements or promotions of any brand or product other than Sponsor and its products;
  • does not disparage Sponsor, its products, or any third parties;
  • does not contain material that is inappropriate for viewing by a general audience, indecent, lewd, pornographic, obscene, profane, hateful, tortious, defamatory, slanderous or libelous, or that promotes violence, illegal conduct or animal cruelty, all as determined by Sponsor in its sole discretion; and
  • does not contain material that is unlawful in any jurisdiction where the submission is created.

 

Participant must be the authorized account holder of the e-mail address registered to the Instagram account used to enter the Contest.  The “authorized account holder” is defined as the natural person to whom the e-mail address is assigned by an internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. 

 

Compliance with the entry requirements will be determined by Sponsor in its sole discretion.  Submissions that violate, as determined by the Sponsor, in its sole discretion, these entry requirements will be disqualified from the Contest.

 

This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to Sponsor and not to Instagram. You agree to release Instagram from all claims arising out of, or in connection with, this Contest.  Any questions, comments or complaints regarding this Contest should be directed to Sponsor and not to Instagram.

 

  1. Odds of Winning

Odds of winning depend on number of entries received.

 

  1. Winning Friend Selection and Notification

On or about July 2, 2019, twenty-five (25) tagged friends will be randomly selected from among all eligible entries received during the Entry Period (each a “Winning Friend”).  Sponsor will notify the Winning Friends on or about July 2, 2019 via a direct message to each Winning Friend’s Instagram account.

 

If a Winning Friend does not respond to Sponsor’s first attempted notification to claim his or her prize within 24 hours, Sponsor reserves the right to disqualify that Winning Friend and select a substitute Winning Friend from a random drawing of all remaining eligible entries.

 

  1. Prizes and Prize Claims

 

Each of the 25 Winning Friends will receive a one-year VSCO membership and a pack of VSCO stickers with an actual retail value (“ARV”) of $25. 

 

Each Winning Friend’s right to receive the prize is subject to (i) verification of eligibility, including verification of age, residency, and confirmation that the Winning Friend is not already a VSCO member and (ii) the Winning Friend’s written agreement to be bound by the terms of these Official Rules and VSCO’s Terms of Use Agreement at https://vsco.co/about/terms_of_use.

 

The right to receive the prize cannot be transferred, assigned or redeemed for cash.  The prize is non-transferable and no cash or other prize substitution is permitted, except at the sole discretion of the Sponsor. All prizes are subject to availability and if the prize cannot be awarded for any reason, Sponsor reserves the right in its sole discretion to substitute a prize with one of comparable or greater retail value.

 

Each Winning Friend is solely responsible for all federal, state, local, or other applicable taxes associated with the acceptance and use of the prize.  All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of each Winning Friend. 

 

As a condition of receiving the prize, each Winning Friend must sign and return any documents requested by Sponsor, including but not limited to, an affidavit of eligibility and release of liability/publicity rights.   Noncompliance with this requirement will result in disqualification of the Winning Friend and the forfeiture of all interest in a prize. 

 

If a Winning Friend (i) is determined to be ineligible or otherwise disqualified by Sponsor, (ii) fails to respond to Sponsor’s first Winning Friend notification message within 24 hours of notification or after two (2) attempts (whichever occurs first), (iii) fails to provide any information requested by Sponsor or execute any release or affidavit of eligibility required by Sponsor within 24 hours of receipt of initial notification regarding prize winning, or (iv) fails to provide written consent to the terms of these Official Rules and VSCO’s Terms of Use Agreement, the Winning Friend may, at Sponsor’s election, be disqualified and forfeit the prize in its entirety.  If a Winning Friend is disqualified, Sponsor may randomly select a substitute Winning Friend from the remaining eligible entries.   

 

  1. Publicity

Except where prohibited by law, by submitting an entry, the participant hereby grants Sponsor and its licensees a perpetual, worldwide, royalty-free, non-exclusive and sub-licensable right and license to use, distribute, and publicly display the participant’s Instagram username and entry submission in any way, at any time, in any and all media, including for use in advertising and marketing, without limitation, without any additional approval or consideration.

 

  1. Limitations of Liability of Contest Parties

The Contest Parties assume no liability and are not responsible for, and by entering the Contest or claiming or accepting any prize, you hereby waive and release the Contest Parties from, any actions, claims, damages, losses or injuries of any kind (collectively “Claims”) arising in connection with the Contest and/or the receipt, use or misuse of any prize, including without limitation, Claims relating to: (i) the malfunction of any computer, telephone, network, satellite, hardware, software or communications line; (ii) unauthorized human intervention; (iii) incorrect, delayed or inaccurate transmission, Winning Friend notifications, prize claims or other information or communications relating to the Contest, or the failure to capture or transmit any such information; (iv) damage to any person’s computer or mobile device; or (v) any errors in these Official Rules, Winning Friend notifications or other announcements or communications relating to the Contest. In the event of any ambiguity or error(s) in these Official Rules, Sponsor reserves the right to clarify or modify these Official Rules however it deems appropriate to correct any such ambiguity or error(s).  If due to an error or for any other reason, more legitimate prize claims are received than the number of prizes stated in these Official Rules, Sponsor reserves the right to award only 25 prizes from a random drawing of all eligible entries.  In no event will more than the stated number of prizes (i.e., 25 prizes) be awarded.

 

LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND PURSUE ALL OTHER REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. 

 

Sponsor may prohibit an participant from participating in the Contest or winning the prize if, in its sole discretion, it determines that said participant is attempting to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other participants or any Contest Parties.

 

  1. Sponsor’s Reservation of Rights

If the Contest is not capable of running as planned for any reason, including without limitation, due to a force majeure event or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion, to modify, suspend, or cancel the Contest. In the event of cancellation, Sponsor reserves the right to select Winning Friends from a random drawing of all non-suspect, eligible entries submitted as of the time of cancellation.   

 

  1. Governing Law

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, the rights and obligations of participants and Winning Friends, and the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules, and the forum and venue for any dispute relating to this Contest shall be in Alameda County, California. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. 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.

 

  1. Privacy

Any personally identifiable information collected during a participant’s participation in the Contest will be collected and used by Sponsor and its designees for the administration and fulfillment of the Contest and as otherwise described in these Official Rules and Sponsor’s privacy policy available at https://vsco.co/about/privacy_policy.

 

  1. Winners List

For the name of the Winning Friends, mail a self-addressed, stamped envelope to Visual Supply Company, Make It Anyway Contest Winners List, c/o Gina Jee, 1500 Broadway, Ste 300, Oakland, CA 94612. Requests must be received no later than sixty (60) days after the end of the Entry Period.