NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN AND WILL NOT INCREASE THE ODDS OF WINNING. VOID WHERE PROHIBITED BY LAW.
By entering or otherwise participating in this Giveaway (“Giveaway”), sponsored by Arteza, Inc. (“Sponsor”), you agree to be bound fully and unconditionally by these Official Rules (“Rules”) and to Sponsor’s decisions, which are final and binding in all matters related to the Giveaway.
This Giveaway is in no way sponsored, endorsed, administered by or associated with Instagram. By entering the Giveaway, you agree to release and hold harmless Instagram from any and all claims arising out of or related to this Giveaway.
This Giveaway is open to any person who:
(a) is at least 18 years of age or older at the time of any entry with a valid government issued photo identification;
(b) is a legal resident of the 50 United States and District of Columbia; and
(c) Submits an Entry by following the instructions in the specific giveaway post. [All information provided in an Entry must be in the English language.]
After the Giveaway Period expires, Entrants may at anytime unfollow Arteza or unlike the post.
Employees, officers, and directors of Sponsor or any affiliate of Sponsor including any brand or any licensor or licensee of Sponsor, along with any immediate family members or individuals who share the same household, whether legally related or otherwise, are not eligible to enter the Promotion or win the Prize. For the purpose of this Promotion, immediate family members are defined as spouses, partners, parents, legal guardians, siblings, in-laws, grandparents, children, and grandchildren. Further, for the purpose of this eligibility requirement of the Promotion, any roommates or housemates are considered to share the same household.
2. Giveaway Period and Drawing of Winner
The Giveaway Period will be defined in the specific Giveaway post. At the end of the Giveaway Period, the prize(s) will be awarded to the eligible entrant(s) selected at random by Sponsor from of all qualified entrants (“Prize Winner”).
The Prize winner will be selected at random from all eligible entries (“Prize Winner”)
The Prize(s) for the Prize Winner(s) will be defined in the specific Giveaway post (“Prize”). Prize is not transferrable or assignable to any third party. Prize will not be paid out in cash directly to Winner. If the Winner is not eligible, Sponsor will randomly select an alternate winner.
The Prize Winner(s) will be posted on the original Giveaway post on the date and time defined in the post.
Prize Winner has 24 hours to affirm his or her acceptance of the Prize and demonstrate eligibility to win the Prize. The Prize Winner must contact Sponsor through (i) direct message via Instagram or (ii) sending an email to email@example.com. In accepting the Prize, the Winner agrees to be bound by these Rules, and to allow Sponsor, and its respective affiliated entities, to use the Winner’s name, likeness, and other identifying information for promotional purposes to the extent allowable by law, and to use the winner’s name, likeness, and state for identifying the Prize Winner.
The Prize is awarded “as is” and without any warranty of any kind, express or implied.
The Prize Winner will be solely responsible for all federal, state, and/or local taxes, or for other fees or costs associated with the Prize or the entrant’s receipt of the Prize. The Prize Winner may be required to provide Sponsor with a valid social security number before the prize is awarded for tax reporting purposes.
4. Operation of Giveaway
The decision of Sponsor as to the selection and eligibility of potential winners will be at the Sponsor’s sole discretion and is final.
5. Odds of Winning
The odds of winning will vary depending on the number of total eligible entries received.
6. Publicity, Waivers, Disclaimers, and Releases
Subject to applicable law, Prize Winner irrevocably grants the Sponsor, and its licensees, successors, assigns, and sub-licensees, the right and permission to use his or her Entry to the Giveaway (including any text, photographs, or other content), his or her name, address, and general and biographical information about the person including a photo for advertising, promotional, and/or publicity purposes in connection with this Giveaway or other similar marketing initiatives of the Sponsor, in all forms of media and by all manners (now or hereafter known), worldwide, in perpetuity, and without any obligation to provide notice, royalties, or consideration beyond the awarding of the Prize to the winner, unless otherwise precluded by law.
Entrants including Prize Winner agree that Sponsor has permission and a license, worldwide, perpetually, on a royalty-free basis the right to repost or utilize all entries to the Giveaway for its own marketing and promotional purposes in any manner Sponsor chooses.
By participating in this Giveaway, each entrant agrees to release, discharge, indemnify, and hold harmless Sponsor, its affiliates, and each of its respective licensees, brands, directors, officers, employees, agents, advisors, successors, and assigns from and against any and all claims, 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 related to i) the entrant’s participation in the Giveaway; ii) any acceptance, possession, misuse, or use of the Prize; iii) any alleged violation of the rights of publicity or privacy, claims of defamation or portrayal in a false light; iv) any error or limitation, whether intentional or unintentional, that causes the entrant to be unable to fully participate in the Giveaway; and v) any typographical, technical, electronic, human, or other error in the printing, offering, selection, operation, transcription of registration or entries, or announcement of any Giveaway related activity and/or Prize.
Sponsor’s failure to enforce any term of these Rules will not constitute a waiver of that provision or bar the Sponsor from enforcing that term in the future. Entrant waives any right it may have to claim ambiguity of these Rules or any advantage or effect on interpretation that may arise from any such claim.
If the Sponsor, at its sole discretion, determines that an entrant has or intends to take any action or inaction that is designed to or has the effect of allowing the entrant to cheat, obtain an unfair advantage, to circumvent the Rules, or otherwise interfere in the administration, security, fairness, integrity, or proper conduct of the Giveaway (“Cheating”), the Sponsor may disqualify the entrant from the Giveaway as well as other existing or future Giveaway that may be offered by Sponsor in the future. Any winner or potential winner determined by Sponsor, at its sole discretion, to have been engaged in or attempted Cheating will be immediately disqualified and will forfeit any right to a prize or be obligated to refund the prize to Sponsor if already awarded.
Sponsor reserves the right, in its sole discretion, to disqualify any Entrant who Sponsor determines is inconsistent with the values of Sponsor and its brand including but not limited to individuals who through speech, social media posting, or actions condone, engage in or promote discrimination, violence, obscenity, hate speech, defamation or libel, degrading or demeaning any group or persons based on race, religion, disability, ethnic background, sexual orientation, or sex.
8. Privacy and Protection of Personal Information
9. Governing Law and Limitation of Liability
ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: 1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH A GIVEAWAY, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION OR AWARD; 2) ANY AND ALL CLAIMS, JUDGMENTS, SETTLEMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED THE PRIZE VALUE OF THE SPECIFIC GIVEAWAY, BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; 3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHT TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGE, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES, IF ANY, OR ANY RIGHT TO HAVE ANY DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND 4) ENTRANT’S REMEDIES WILL BE LIMITED SOLELY TO A CLAIM FOR MONEY DAMAGES, IF ANY, AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. WHERE SUCH EXCLUSIONS ARE NOT PERMITTED BY LAW, THEY DO NOT APPLY.
Sponsor is not responsible for lost, late, unreadable, incomplete, damaged, stolen or misdirected entries; lost, interrupted, or unavailable network, server or other connections; miscommunications, computer or software malfunctions; transmission problems; technical failures; garbled transmissions; damage to user’s software or transmission devices; or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Proof of submission will not be deemed to be proof of receipt by Sponsor. Once submitted, no entry can be returned or confirmed. All entries once submitted become the property of Sponsor.
10. Dispute Resolution
The parties agree to finally settle all disputes arising out of or related to this Giveaway only on an individual (not class) basis through arbitration which decision and award (if any) are final and binding with limited exceptions provided by law. The arbitration shall be administered by the American Arbitration Association, and the arbitrator shall be selected according to the rules following service of a demand for arbitration.
11. Sponsor Contact
Sponsor Contact: Arteza, Inc., located at 1801 NE 123rd St, Suite 400, N Miami, FL 33181. Sponsor will not confirm receipt of entries or provide general information about the Giveaway that is provided in these Official Rules.