NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
BY ENTERING THE CONTEST, ENTRANT AGREES TO THESE OFFICIAL RULES.
ALL PHOTOS SUBMITTED MAY APPEAR ON SPONSOR’S WEBSITE, SPONSOR’S INSTAGRAM PAGE, OR IN ANY OTHER MEDIUM FOR ANY PURPOSE WITHOUT NOTICE, APPROVAL, ATTRIBUTION, OR ADDITIONAL COMPENSATION IN SPONSOR’S SOLE DISCRETION.
1. Eligibility: The Pure Barre #purebarrepopup Instagram Photo Contest (the “Contest”) is open only to legal residents of the 50 United States and District of Columbia and is void where prohibited by law. Employees of Pure Barre, LLC their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Contest. The Contest is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
2. Agreement to Rules: By participating, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Pure Barre, LLC, as final and binding as it relates to the content. The Contest is subject to all applicable federal, state and local laws.
3. Contest Period: Entries will be accepted online starting on or about July 1, 2019 at 12:00AM (Pacific Time “PT”) and ending July 31, 2019 11;59:59PM (Pacific Time “PT”).
4. How to Enter: To enter during the Contest Period, upload your Photo (defined above) to Instagram in the post copy (not in the comments), using the hashtag #purebarrepopup to receive one (1) entry per day into the contest. All Photos must be received by 11:59:59PM PT on July 31, 2019 to be eligible. Limit one (1) Photo submission per person/Instagram account per day for a total of 31 entries allowed per person for the entire Contest Period. Proof of submission of the Photo will not be considered proof of receipt. Any entry that is submitted without a qualifying Photo will be void.
PLEASE NOTE: To enter, entrants must follow the Instagram account @pure_barre. This Contest is not sponsored, endorsed, administered by or associated with Instagram. By entering, you are providing the information to Sponsor, and not to Instagram. WHEN YOU UPLOAD YOUR PHOTO, YOU AUTHORIZE SPONSOR TO USE YOUR PHOTO WITHOUT COMPENSATION OR ATTRIBUTION.
Photo Entry Requirements: Entrants agree to and understand that Photo entries will be made available to the public, including without limitation, posting on the Internet and may appear in Sponsor’s advertising and marketing materials. Whether or not Photo entries are published on the Internet, Sponsor does not covenant or guarantee any confidentiality with respect to any Photo entries. 1. The Photo entry must not have been submitted previously in any Contest of any kind, although photos that have previously been posted to Instagram area allowed. 2. Each Photo entry must be an original creation of the submitting entrant which is under no restriction, contractual or otherwise, that will prevent Sponsor’s use of the Photo entry and each Photo entry must be free of any and all liens, encumbrances and claims of third parties. Entrant acknowledges, agrees and warrants that, nothing in the Photo entry infringes on any copyrights, confidential information, trade secrets or trademarks belonging to any person or entity other than the Photo entrant absent a suitable license, clearance or permission agreement (proof of which is required upon submission), or violates any person’s rights of privacy or publicity and that all necessary releases and permissions have been secured. Entrant agrees to indemnify and hold harmless each of the Contest Entities and their respective parent, subsidiaries, and affiliates and each of their respective officers, directors and employees, from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by entrant of these Official Rules or the warranties and representations made by entrant in this paragraph. Modifying, enhancing or altering a third party’s preexisting work does not qualify as entrant’s original creation. 3. By uploading the Photo entry the entrant agrees, for zero compensation, to grant to Sponsor all intellectual property rights in the Photo entry and each of its constituent parts, which rights include, without limitation, the Sponsor’s right to publish, make available to the public and/or reproduce the Photo entry at its sole discretion through any media available at any time during, or after, the Contest Period on any related websites, in any promotional materials, whether related or un-related to the Contest, and at any location, whether physical or online. In addition, entrant warrants that any so called “moral rights” in the Photo Entry have been waived and entrant acknowledges and agrees that Sponsor may use any ideas from any Photo entry or other submitted materials, whether or not entrant has been awarded a prize in connection with any such Photo Entry or other materials. Entrant agrees to release, defend, indemnify and hold harmless each of Contest Entities, and each of their parent, subsidiaries, and affiliates and each of their respective owners, employees, directors, officers, agents, and subcontractors from all claims, demands, and causes of action of any nature whatsoever which entrant or entrant’s heirs, representatives, executors, administrators, or any other persons acting on entrant’s behalf or on behalf of entrant’s estate, have or may have by reason of: (i) Sponsor’s exercise of any rights granted by entrant in this paragraph; (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Sponsor’s use of the Photo entry and any portion thereof, or the likeness of any natural person therein. 4. Entrants are responsible for securing necessary permissions, talent and location releases, and licenses for any visual material contained in the Photo entries. Photo Entry Content Restrictions Photo entries must not contain material that: 1. Contains or depicts someone smoking, intoxicated, or using illegal substances, or any paraphernalia related to any of the above; 2. Violates or infringes another’s rights, including without limitation, privacy, publicity or intellectual property rights; 3. Contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; 4. Contains any unacceptable clothing or adornments, or displays any commercial/corporate advertising other than that of Sponsor (including but not limited to corporate logos, brand names, trademarks, slogans, political, personal and religious statements); 5. Contains indecent or unsafe behavior or situations, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise inappropriate, profane, obscene, hateful, tortious, slanderous or libelous; 6. References persons or organizations without their written permission; 7. Disparages any persons or organizations; 8. Includes threats to any person, place, business, or group; 9. Is unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations. Failure of any Photo entry to comply with the above “Photo Entry Requirements” and “Photo Entry Content Restrictions,” as determined by Sponsor, in its sole discretion, may result in disqualification of entrant. Without limitation, Sponsor reserves the right in its sole discretion to disqualify any entry that, in their sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Contest or any other person or entity, does not comply with these Official Rules or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein. Photo entries must be suitable for presentation in a public forum, in sole determination of Sponsor.
Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Pure Barre, LLC. You may enter only once per day. You may not enter more times than indicated by using multiple email addresses, identities or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of Pure Barre, LLC.
5. Prizes: Winners will receive a check in the amount of $1000. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution permitted except at Sponsor’s discretion. The prize is non transferable. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for Pure Barre, LLC to use winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner selection and notification: Winners of the Contest will be selected in a random drawing under the supervision of the Sponsor. Winners will be notified via email to the email address they entered the Contest within five (5) days following the winner selection. Pure Barre, LLC shall have no liability for a winner’s failure to receive notices due to winners’ spam, junk e-mail or other security settings or for winners’ provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 72 hours from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited and an alternate winner selected.
The receipt by winner of the prize offered in this Contest is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by you: By entering this content you understand that Pure Barre, LLC, anyone acting on behalf of Pure Barre, LLC, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner’s name, portrait, picture, voice, likeness, image or statements about the Contest, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
9. Terms: Pure Barre, LLC reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Contest should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In such case, Pure Barre, LLC may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by Pure Barre, LLC. Pure Barre, LLC reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest or website or violates these Terms & Conditions.
Pure Barre, LLC has the right, in its sole discretion, to maintain the integrity of the Contest, to void entries for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by contest rules; or the use of bots, macros or scripts or other technical means for entering.
Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the contest may be a violation of criminal and civil laws and should such an attempt be made, Pure Barre, LLC reserves the right to seek damages from any such person to the fullest extent permitted by law.
10. Limitation of Liability: By entering you agree to release and hold harmless Pure Barre, LLC and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.
11. Disputes: THIS CONTEST IS GOVERNED BY THE LAWS OF the United States of America AND California, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Contest, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in California having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Contest), and participant further waives all rights to have damages multiplied or increased.
13. Winners List: To obtain a copy of the winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Pure Barre, LLC, 17877 Von Karman Ave, Ste. 100, Irvine, CA 92618. Requests must be received no later than August 31, 2019.
14. Sponsor: The Sponsor of the Contest is Pure Barre, LLC, 17877 Von Karman Ave, Ste. 100, Irvine, CA 92618.
15. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Instagram, Snapchat, Youtube, Pinterest, LinkedIn or Google. You understand that you are providing your information to the owner of this sweepstakes and not to Facebook, Twitter, Instagram, Snapchat, Youtube, Pinterest, LinkedIn or Google.