Official Rules – Art History In My Style, Hosted by Society6 & Arteza
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 Contest (“Contest”), 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 Contest.
This Contest is in no way sponsored, endorsed, administered by or associated with Instagram. By entering the Contest, you agree to release and hold harmless Instagram from any and all claims arising out of or related to this Contest.
This Contest 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: (i) creating artwork based on the prompt, (ii) post picture of artwork on Instagram, (iii) tags @artezaofficial & @society6 in the post, (iv) follows Sponsor on Instagram at @artezaofficial & @society6; and (iv) includes in the comment to the post the disclosure: #ArtHistoryInMyStyle. [All information provided in an Entry must be in the English language.]
Submits an Alternate Method of Entry (“AMOE”) to the Contest by emailing email@example.com and providing the entrants’ name, valid email address, include the above hashtag, and affirmation of agreement to be bound by these Rules.
After the Contest Period expires, Entrants may at anytime unfollow Sponsor or unlike the post. If an Entrant unfollows Sponsor or unlikes the post prior to the expiration of the Contest Period and without submitting an AMOE, the entry will be disqualified.
Only one entry allowed per eligible natural person during the Contest Period.
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 Contest or win the Prize. For the purpose of this Contest, 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 Contest, any roommates or housemates are considered to share the same household
2. Contest Period and Drawing of Winner
The Contest starts on April 12, 2021 and ends at 9:00 AM Eastern Standard Time on April 15, 2021 (“Contest Period”). At the end of the Contest Period, one (2) prizes will be awarded to an eligible entrant selected by Sponsors from all qualified entrants based on originality and creativity (“Prize Winner”).
The Prize Winner will be selected from all eligible entries including those submitted through the AMOE process.
The Prize for the Prize Winner is one (1) $500 (USD) electronic gift card for Arteza.com (“Prize”) and (1) $500 (USD) electronic gift card for Society6.com (“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 deemed not eligible, Sponsor will select an alternate winner based on the same criteria.
The Prize Winner will be announced on Sponsors Instagram accounts @artezaofficial ∓ @society6 on April 15,2021.
The 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 firstname.lastname@example.org. In accepting the Prize, the Prize Winner agrees to be bound by these Rules, and to allow Sponsor, and its respective affiliated entities, to use the Prize 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.
Additionally, Sponsor will make a donation in the same amount as Prize to the Prize Winner’s local chapter of Dress for Success in the Prize Winner’s name.
4. Operation of Contest
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 Contest (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 Contest 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.
By submitting an Entry, Entrant represent and warrant that he or she owns all intellectual property rights in the content including ownership of any copyright and that the content does not violate the rights to publicity, copyright, trademark or other rights of any other person or entity; that any third party featured in the content is over the age of 18 or is a person for whom you have the rights such as your children; and that you have the legal right to use such content in your Entry.
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 Contest for its own marketing and promotional purposes in any manner Sponsor chooses.
By participating in this Contest, 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 Contest; 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 Contest; 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 Contest 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 Contest (“Cheating”), the Sponsor may disqualify the entrant from the Contest as well as other existing or future Contest that may be 4offered 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 THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION OR AWARD, AND EXCLUSIVE JURISDICTION OF ANY STATE OR FEDERAL COURT LOCATED WITHIN THE STATE OF FLORIDA LOCATED IN MIAMI-DADE COUNTY;
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 $100 USD, 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.
All issues and questions concerning the construction, validity, interpretation, and enforceability of these Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Contest shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida.
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 Contest 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 Street, Suite 400, North Miami, Florida 33181 or email@example.com. Sponsor will not confirm receipt of entries or provide general information about the Contest that is provided in these Official Rules.
12. Winner List
To obtain a copy of the Prize Winner’s name, mail your request along with a stamped, self-addressed envelope to Sponsor at the address above. Requests must be received no later than April 8, 2021.