House of Marley Bag of Rhythm Instagram Contest
1) ELIGIBILITY: The House of Marley A Bag of Rhythm Instagram Contest (the “Promotion”) is open to legal residents of the 50 United States and District of Columbia who are 13 years of age or older at the time of entry. Employees of Tilly’s and House of Marley (collectively, the “Sponsors”) and its respective affiliates, retailers and advertising and promotion agencies, as well as the immediate family (spouse, parents, siblings, children and each of their respective spouses, regardless of where they reside) and household members of each such employee, whether related or not, are not eligible to enter or win. The Promotion is governed by U.S. law and is subject to all applicable federal, state, and local laws and regulations.
2) TIMING: The Promotion begins at 12:01 a.m. Pacific Time (“PT”) on 09/24/12 and ends at 11:59 p.m. PT on 10/21/12 (the “Promotion Period”).
During the Promotion Period, follow @houseofmarley and @tillys on Instagram. Post a picture showing us how music inspires your live and tag it #livemarley for official entry. Limit one post per person. Multiple entries received from any person after the first entry received from that person will be void. All entries must be received by 11:59 p.m. PT on 10/21/12 to be eligible. Any pictures posted after that time will be disqualified from the Promotion. All entries become the property of Sponsors and will not be acknowledged or returned. To win, Sponsors will select pictures that best show originality, creativeness and demonstrate the House of Marley brand, as determined in Sponsors’ sole discretion.
The use of robotic, automatic, macro, programmed, or like methods for participation in this Promotion is strictly prohibited and all such entries will be void. If the Instagram posting process fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, Sponsors reserve the right to use another means to determine the winner(s), such as random selection. All decisions by Sponsors are final. In the event of a dispute as to who submitted any entry, the authorized Instagram user used to participate will be deemed to be the entrant provided he/she is eligible. The “authorized Instagram user” is the natural person assigned to the Instagram account. Potential winner may be required to show proof of being the authorized account holder.
4) WINNER VERIFICATION: Potential winners will be determined on or about 10/22/12 from all eligible entries received during the Promotion Period by Sponsors, whose decision is final and binding on all matters relating to the Promotion. Odds of winning a prize depend upon the number of eligible entries received. Potential winners will be notified via Instagram and may be required to execute and return an affidavit of eligibility/liability release, tax form and, where legal, a publicity release (collectively, the “Eligibility Documents”) within five calendar days of date of issuance. If potential winners cannot be reached within two calendar days from the first notification attempt, or in the event of noncompliance within the above stated Eligibility Documents time period, with these Official Rules, or if prize notification is returned as undeliverable, prize will be forfeited and, at Sponsors’ sole discretion, an alternate winner may be selected.
5) PRIZES: One Winner will receive one House of Marley “Bag of Rhythm” Boom Box. (retail value $350.00).
Prizes are awarded “as is” with no warranty or guarantee either express or implied by Sponsor. If any winner is an eligible minor, Sponsor reserves the right to award prize in the name of his/her parent or legal guardian, who will be responsible for fulfilling all requirements imposed on winners set forth herein. No substitution, assignment, cash equivalent or transfer of prizes is permitted, except by Sponsor, who reserves the right to substitute a prize (or portion thereof) with another prize of comparable or greater value, at its sole discretion. All prize details are at the sole discretion of the Sponsor.
6) TAXES AND EXPENSES: Winner is solely responsible for all federal, state, and local taxes and all other fees and expenses associated with prize acceptance and use not specified herein as being awarded.
7) CONDITIONS OF ENTRY: By participating the entrants (and, if eligible minors, their parents or legal guardians) consent to the use of their names, cities and states of residence, voices, and/or photographs and/or similar related information for promotional, advertising and other purposes in any and all media now or hereafter known throughout the world in perpetuity by Sponsor and its designees, without additional compensation, notification or permission, except where prohibited by law. In addition, by participating each entrant (and, if an eligible minor, his/her parent or legal guardian) fully and unconditionally agrees to and accept these Official Rules and the terms and guidelines at Instagram.
Pictures altered or changed in any manner after they have been uploaded will be disqualified. Any entry deemed inappropriate or unsuitable for posting, in Sponsors’ sole discretion, will be disqualified. The picture must not contain unsuitable content or depict or incorporate unsafe behavior or situations; obscenity, lewd or inappropriate images, words or text; nudity; acts of violence or acts that appear to cause harm or are illegal/dangerous; disparagement of any person or product; racist innuendo; illegal drug or alcohol use; or other offensive conduct or material, as determined in Sponsor’s sole discretion. Further, the picture must be entirely original to the entrant and must not include any information that can be used to personally identify an individual.
8) CONSUMER CREATED CONTENT: If the entry for the contest includes any creative material from the participant, including but not limited to, consumer created content, by submitting your entry: (1) you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the company or contest sponsors under any fiduciary or other obligation, that the company is free to disclose the ideas on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you; (2) you acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related ideas previously known to sponsor, or developed by their employees, or obtained from sources other than you; (3) you are verifying that you are the owner and producer of the submitted material and that no third party ownership rights exist to any material submitted, and (4) you are hereby granting Sponsor a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose.
9) CONDUCT AND DECISIONS: By participating in the contest, participants agree to be bound by the Sponsor’s decision. Persons who violate any rule, gain unfair advantage in participating in the contest, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. Sponsor will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the contest and Sponsor’s decisions concerning such disputes shall be final. If the conduct or outcome of the contest is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of Sponsor, Sponsor reserves the right to terminate this contest, or make such other decisions regarding the outcome as Sponsor deems appropriate. All decisions will be made by Sponsor and are final. Sponsor may waive any of these rules in its sole discretion.
10) LIMITATIONS OF LIABILITY: Entrants (and, if eligible minors, their parents or legal guardians) agree to release and hold harmless Sponsor and their respective parent companies, affiliates, subsidiaries, divisions, suppliers, distributors, retailers, and advertising and promotion agencies, and all of their respective officers, directors, shareholders, employees, and agents (collectively, “Releasees”) from any claims, actions, injury, liability, loss or damage of any kind resulting from participating in this Promotion or from the acceptance or use of any prize awarded. Releasees are not responsible for: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process of the Promotion; (iv) late, lost, stolen, undelivered, misdirected, delayed, inaccurate, garbled or incomplete entries, or for any electronic, computer, printing, typographical, human or other error relating to or in connection with the Promotion, including, without limitation, errors which may occur in connection with the administration of the Promotion, the processing of entries, the announcement of the prizes, or in any Promotion-related materials (including these Official Rules); or (v) any injury or damage to persons or property, including but not limited to entrant’s computer, hardware, or software, which injury or damage may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion. Sponsor reserves the right to cancel or modify the Promotion (or any portion thereof) if bugs, virus, fraud, technical failures or any other factor impairs the integrity, administration or proper play of the Promotion (or portion thereof), as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes in a random drawing from among all eligible, non-suspect entries received up to the time of the impairment.
Releases shall also not be liable to winner or any other person for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s sole control.
11) DISPUTES: Except where prohibited, entrant (and, if an eligible minor, his/her parent or legal guardian) agrees that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of California; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering a Promotion, and in no event shall entrant be entitled to receive attorneys’ fees or other legal costs or expenses; and (c) entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, 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 (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of California.
12) RULES/WINNER NAME: For the name of the winner, available after 11/05/12, or for an additional copy of these Official Rules, mail a self-addressed stamped envelope to: House of Marley Bag of Rhythm, 10 Whatney, Irvine, CA 92618. Please specify “Official Rules” or “Name of Winner”. Requests must be received by 12/23/12. Vermont residents may omit return postage for “Rules” requests. You may also view these Official Rules at www.tillys.com
13) SPONSORS: House of Marley; World of Jeans & Tops, d/b/a Tilly’s, 10 Whatney, Irvine, CA 92618.