OFFICIAL RULES. OFFICE OF BUSINESS SERVICES Florida International University Mystery Prize Sweepstakes ( Sweepstakes )

Transcription

1 OFFICIAL RULES OFFICE OF BUSINESS SERVICES Florida International University Mystery Prize Sweepstakes ( Sweepstakes ) NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE THE CHANCE OF WINNING. VOID WHERE PROHIBITED. BY ENTERING, ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE JUDGES, WHICH SHALL BE FINAL IN ALL RESPECTS. INTERNET ACCESS IS REQUIRED. MESSAGE AND DATA RATES MAY APPLY IF ENTERING VIA A MOBILE DEVICE. 1. SPONSOR: Florida International University ( FIU ) Office of Business Services ( Sponsor ) will sponsor and promote the Sweepstakes, and organize the random selection of one (1) Mystery prize winner. 2. ELIGIBILITY: You must be a legal resident of the United States currently enrolled in classes at FIU for the Spring 2018 semester throughout the Sweepstakes Period (as defined below) who is 18 years or older at the time of entry (19 in AL or NE). The eligible person completing the Instagram Entry Procedure (as defined below) will be deemed the entrant ( Entrant ). Non-student employees of FIU, employees of FIU Office of Business Services, and the immediate family members of such employees and persons living within the same household as such employees are not eligible to win. The following individuals are not eligible to enter the Sweepstakes: Non-student FIU employees, employees of FIU Office of Business Services, contractors, directors and officers of FIU, and the immediate family members (spouse, parent, child, sibling, grandchildren, grandparent and/or "step") and those living in the same households of each such employee, contractor, director or officer. 3. SWEEPSTAKES PERIOD: The Entrant may enter the Sweepstakes between 11:00:00 a.m. Eastern Time ( ET ) in the United States ( ET ) on April 02, 2018 and 11:59:59 p.m. ET on April 05, 2018 ( Sweepstakes Period ). 4. TO ENTER: To enter the Sweepstakes, the Entrant must agree to these Official Rules ( Official Rules ). Entrant agrees that entering the Sweepstakes via Instagram, constitutes agreement to these Official Rules. Entrant must be a registered member of Instagram. Becoming a member of Instagram and entry into the Sweepstakes are both free. During the Sweepstakes Period, every Entrant must log into their Instagram account, follow shopfiu and FIU One Card, find the giveaway post on the shopfiu Instagram page from April 2, 2018, leave a comment with their answer, and tag at least one (1) friend. The date of the comment will be deemed the official date and time of entry ( Instagram Entry ).

2 Leaving a comment, and tagging a friend by the Entrant confirms that Entrant understands and unconditionally accepts these Official Rules, including but not limited to LIMITATIONS OF LIABILTY AND RELEASE as defined below. If you are not a registered member of Instagram, you will need to register for a free Instagram account at before you can submit your Instagram Entry in the Sweepstakes. Any Instagram Entry that does not include all required information and does not adhere to these Official Rules as determined by Sponsor, in its sole discretion, will be considered void. Sponsor may, in its sole discretion, remove, delete and/or disqualify any Instagram Entry and/or Entrant it deems inappropriate or otherwise noncompliant. In the event that there is a conflict between these Official Rules and the Instagram terms of service or other applicable terms, these Official Rules shall govern. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram. By entering you are providing information to Sponsor and not to Instagram. A. Instagram Entry Procedure The Instagram Entry Process for the Sweepstakes is as follows: Find the giveaway post from April 02, 2018 on Instagram page Comment on the giveaway post with your guess and tag atleast one (1) friend Your Instagram Entry should be consistent with these Official Rules B. Instagram Entry Guidelines and Restrictions Every Instagram Entry must be received during the Sweepstakes Period and in no case later than 11:59:59 p.m. ET on April 05, 2018 The Entrant is the one (1) person who is the authorized account holder of the Instagram account used to enter the Sweepstakes. Should multiple users of the same Instagram account enter the Sweepstakes and a dispute thereafter arises regarding the identity of the Entrant, the authorized account holder of the address used to register the Instagram account at the time of entry will be considered the Entrant. Authorized account holder is defined as the natural person who is assigned an address by an Internet access provider, on-line service provider or other organization which is responsible for assigning addresses or the domain associated with the submitted address. Each individual Entrant is allowed a total of one (1) Instagram Entry By entering this Sweepstakes and completing the Instagram Entry Procedure, the Entrant irrevocably grants to Sponsor and their agents, to the extent permissible by law, the unconditional and perpetual right to post, display, broadcast, publish, use, adapt, edit, translate, dub, and/or modify such Instagram Entry in any way, in any and all media, throughout the world, for any purpose, without limitation ( Sponsor Platforms ), and without notice or consideration to the Entrant. 5. SPONSOR VERIFICATION OF INSTAGRAM ENTRY ELIGIBILITY: Every Instagram Entry will undergo preliminary screening for compliance with these Official

3 Rules before being judged; however, such review does not relieve Entrant from responsibility for compliance with these Official Rules. Any Instagram Entry that does not comply in all material respects with these Official Rules or that otherwise contains prohibited, or inappropriate content as determined by the Sponsor, in its sole discretion, will be disqualified and will not be published or considered for the GoPro HERO4 Silver prize. Sponsor makes the final determination as to which Instagram Entry is eligible to take part in this Sweepstakes and be considered for the GoPro HERO4 Silver prize. If the actual, alleged or publicized conduct of any Entrant is illegal, or if any Entrant has been convicted of a crime, or in Sponsor s sole discretion is otherwise grossly offensive or violates generally accepted standards of behavior (including but not limited to illicit drug use or public intoxication) or otherwise leads the Sponsor to reasonably believe or conclude that the public association with the Entrant subjects Sponsor to ridicule, contempt, controversy, embarrassment or scandal, Sponsor, in its sole discretion, may disqualify Entrant and such Entrant s Instagram Entry will no longer be eligible for this Sweepstakes. The GoPro HERO4 Silver prize winner agrees that upon verification of eligibility and Instagram Entry, to execute a release irrevocably assigning and transferring to the Sponsor any and all rights, title and interest in the Instagram Entry, including, without limitation, all copyrights and waiving all moral rights in Instagram Entry for use in relation to the Sweepstakes as described in these Official Rules and in promotion (including but, not limited to Sponsor Platforms).. Entrant also consents to the Sponsor or their agents doing (or omitting to do) any acts in respect of the Instagram Entry that may otherwise constitute an infringement of the Entrant s moral rights. All Sweepstakes Entrants further agree to release and indemnify and hold harmless Sponsor from any and all claims that any commercial, advertising, presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringe on the rights of Entrant s work as contained in any Instagram Entry. Entrant understands and agrees that Sponsor s use in matters independently developed of material similar to or identical with the Instagram Entry or containing features or elements similar to or identical with those contained in the Instagram Entry will not obligate Sponsor to negotiate with Entrant, nor will it entitle Entrant to any compensation of any kind. Entrant agrees and acknowledges that nothing herein shall preclude Sponsor from using any material in or similar to the Instagram Entry without obligation to Entrant, including, but not limited to, if Sponsor has or has determined that it has an independent legal right to use such other material, including without limitation, because such features or elements were not new or novel, or were not originated by entrant, or were or may hereafter be independently created by or submitted to Sponsor. Entrant acknowledges that other Entrants may have used ideas and/or concepts in their Instagram Entry that may be similar in idea or concept to what is included in Entrant s Instagram Entry. Entrant understands and agrees that he/she shall not have any claim against any other Entrant or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity. 6. SELECTION OF WINNER: On April 06, 2018, Sponsor will review each Instagram Entry submitted during the Sweepstakes Period and will select, at random, one (1) GoPro HERO4 Silver prize winner out of the responses with the correct guess.

4 The GoPro HERO4 Silver prize winner and his or her Instagram Entry is subject to verification, including without limitation, verification of eligibility, compliance with these Official Rules and completion and execution of release forms (described below). If attempted notification is returned as undeliverable, if a potential GoPro HERO4 Silver prize winner cannot be verified, or his or her Instagram Entry is not in compliance with these Official Rules, or if the GoPro HERO4 Silver prize potential winner is otherwise unable to accept the GoPro HERO4 Silver prize, the GoPro HERO4 Silver prize will be forfeited and another Instagram Entry may be selected as a potential GoPro HERO4 Silver prize winner, in Sponsor s sole discretion or otherwise disposed of as required by law. Entrants agree that the Sponsor has the sole right to decide all matters and disputes arising from this Sweepstakes and that all decisions of Sponsor shall be final and binding and not subject to challenge or appeal. The GoPro HERO4 Silver prize winner, by acceptance of the GoPro HERO4 Silver prize (defined below), as applicable, agrees, to the maximum extent permitted by law, to release, indemnify and hold harmless Instagram and Sponsor, as well as each of their respective parent, subsidiary and affiliated companies, and each of their respective employees, officers, directors, representatives, contractors, advertisers, sponsors and agents (collectively, the Released Parties ) from any and all liability, loss, damage, cost or claim related to the acceptance, use or misuse of the GoPro HERO4 Silver prize, including but not limited to their participation in any GoPro HERO4 Silver prize -related activity. 7. PRIZE DETAILS: Go Pro- Hero 4. Touch-display convenience. Features 1080p60 and 720p120 video, 12MP photos up to 30 frames per second, built-in Wi-Fi and Bluetooth, and Protune for photos and video. Waterproof to 131 (40m). 8. GoPro HERO4 SILVER PRIZE WINNER NOTIFICATION: Sponsor will direct message the potential GoPro HERO4 Silver prize winner via Instagram on or about the dates set forth above. The GoPro HERO4 Silver prize will be forfeited and an alternate GoPro HERO4 Silver prize winner may be selected if any required documents are not returned within the required number of days or if GoPro HERO4 Silver prize winner otherwise does not comply with these Official Rules. The GoPro HERO4 Silver prize winner may be required to sign one or more additional releases, in Sponsor s sole discretion. 9. LIMITATIONS OF LIABILITY AND RELEASE: To the maximum extent permitted by law, no liability or responsibility is assumed by the Released Parties resulting from any user's participation in or attempt to participate in the Sweepstakes or ability or inability to upload or download any information in connection with participating in the Sweepstakes. No responsibility or liability is assumed by the Released Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Sweepstakes: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any transmissions to be sent or received; lost, late, delayed

5 or intercepted transmissions; inaccessibility of Instagram and/or Sponsor Platforms (collectively known as Sweepstakes Sites ) in whole or in part for any reason; traffic congestion on the Internet or the Sweepstakes Sites; unauthorized human or nonhuman intervention of the operation of the Sweepstakes, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Sweepstakes, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Sweepstakes. To the maximum extent permitted by law, the Released Parties are not responsible for any typographical errors in the announcement of the GoPro HERO4 Silver prize or these Official Rules, or any inaccurate or incorrect data contained on the Sweepstakes Sites. Use of the Sweepstakes Sites is at user s own risk. To the maximum extent permitted by law, the Released Parties are not responsible for any personal injury or property damage or losses of any kind that may be sustained to users or any other person's computer equipment resulting from participation in the Sweepstakes, use of the Sweepstakes Sites or the download of any information from the Sweepstakes Sites. By participating in the Sweepstakes, to the maximum extent permitted by law, Entrants and the GoPro HERO4 Silver prize winner agree to release and hold harmless the Released Parties from any and all liability for loss, harm, damage, injury, cost or expense whatsoever including, without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, or participation in the Sweepstakes, or possession, acceptance, use and/or misuse of the GoPro HERO4 Silver prize or participation in any Sweepstakes-related activity and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. The Released Parties are not liable in the event that any portion of the Sweepstakes, TO THE EXTENT PERMISSIBLE BY LAW, IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SWEEPSTAKES SITES AND/OR THE SWEEPSTAKES, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES OR APPS ASSOCIATED WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. 10. COLLECTION AND USE OF PERSONAL DATA: Every Entrant agrees to these Official Rules by submitting an Instagram Entry and authorizes the use and collection of his or her personal data for the purpose of conducting the Sweepstakes only (including

6 publishing the GoPro HERO4 Silver prize winner name and state, and/or disclosing them to third parties on request in accordance with the Winner List/Rules Request procedure set out below) and any other purposes to which the Entrant has consented. Sponsor will not sell, share or otherwise disclose information collected in any manner with third parties, other than those parties necessary to fulfill the above purposes, unless the Entrant has given his or her prior express consent to receive additional information from Sponsor or a third party. Every Entrant has the right of access to, modification and free withdrawal of his or her personal data. Every Entrant also has the right of opposition to the data collection, under certain circumstances. 11. WINNER LIST/RULES REQUEST: For the name of the GoPro HERO4 Silver prize winner or a copy of these Official Rules, send your request with a self-addressed, stamped envelope to be received by April 30, 2018 to: FIU Office of Business Services Student Rewards Level Up Sweepstakes (specify Winner List/Rules Request or Official Rules), SW 8 th St. Modesto A. Maidique Campus, DC 122 Miami, FL SPONSOR ADDRESS: FIU Office of Business Services SW 8 th St. Modesto A. Maidique Campus, DC 122 Miami, FL This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram. Any questions, comments or complaints regarding this Sweepstakes shall be directed to Sponsor and not to Instagram.