#summerofyogalove instagram +facebook contest official rules
JA wellness #summerofyogalove Instagram + Facebook Photo Voting Contest
{The promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram.}
NO PURCHASE NECESSARY.
1. Contest Schedule. Contest begins August 1, 2016 at or after 12:00:00 a.m. Pacific Standard Time (PST) and ends August 31, 2016 at 11:59:59 p.m. PST.
2,. Eligibility. Open only to legal residents of the United States, Canada + Europe, 18 or older. Participation in the Contest is subject to these Official Rules and Sponsor’s decisions, which are final and binding in all respects and not subject to appeal.
3. To Enter. Share a photo showing of you in reflection to a lesson from the #summerofyogalove. You have to be in the photo. The photo must be an original photo, taken by you or someone you know.
It must include #summerofyogalove @julianne.yoga.
A caption is encouraged, but not required; as used herein, “photo” shall mean the photo itself and any accompanying caption (as applicable).
To enter, post your photo to your public account on Instagram.
Follow @julianne.yoga on Instagram and Julianne Aiello Yoga on Facebook, if you do not already.
Enter your name + email to register for the contest @ http://www.julianne.yoga/summer-of-yoga-love-challenge
Message and data rates apply to Contest entry. You may be charged by your wireless carrier for posting your photo and thereby entering the Contest. Be sure to check your wireless carrier’s pricing plan before participating in the Contest.
4. Entry Restrictions. Proof of posting photo does not constitute proof of receipt or proof of Contest entry. You may post more than ONE (1) photo and enter the Contest more than once provided that each photo is materially different from those previously posted by you. Do NOT post/submit the same photo multiple times.
A given Instagram or Facebook account may only be used by one person to participate in the Contest; and, a given person may only participate in the Contest by using a single Instagram or Facebook account.
Violation of the above restrictions may result in voiding of all entries and disqualification from the Contest. Use of automated or programmed means of participation will also result in disqualification. Should Sponsor acknowledge receipt of a photo (i.e., that Sponsor was able to access the photo as posted on an individual’s Instagram account), such acknowledgment shall not constitute any representation as to Contest eligibility or as notification of selection as the potential winner in the Contest. Any dispute as to the identity of the prize winner will be resolved by Sponsor in its sole discretion, based on Sponsor’s determination of who is the registered owner of the e-mail address associated with the corresponding Instagram account used to enter the Contest.
. Content Restrictions. Photo must comply with all of the following requirements as to content (as determined by Sponsor in its sole discretion):
a. Content must be original and not copied, in whole or part, from any other source;
b. Content must not violate the trademark, copyright, intellectual property or other rights of any third party** (for the avoidance of doubt, do not use the names/logos/trademarks of brands which are owned by third party entities);
c. Content must not be inappropriate or unfit for publication (e.g., include nudity, obscenity or hate speech);
d. Content must not disparage Sponsor, its products or persons endorsing Sponsor’s products or otherwise reflect unfavorably on any of the preceding;
e. Content must not advocate alcohol or drug use, violent or reckless behavior or any illegal activity;
f. Content must be relevant to the aforementioned theme of the Contest
6. Re-Posting of Photos. Sponsor may choose, in its sole discretion, to re-post photos on its Instagram account, its website, and/or elsewhere. Should Sponsor choose to do so, such re-posting is for entertainment and informational purposes only and will have no bearing on the selection of the winner. For winner selection procedure, see Rule 8 below. POSTED AND, IF APPLICABLE, RE-POSTED PHOTOS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR IS ACTING AS A PASSIVE CONDUIT FOR THE RE-POSTING OF PHOTOS (IF APPLICABLE) AND DISCLAIMS ANY RESPONSIBILITY FOR SCREENING, MONITORING OR REVIEWING PHOTOS PRIOR TO RE-POSTING OF SAME (AGAIN, IF APPLICABLE); SPONSOR HAS NOT SCREENED, MONITORED OR REVIEWED PHOTOS PRIOR TO THEIR INITIAL POSTING BY ENTRANTS ON INSTAGRAM. SPONSOR WILL NOT EDIT PHOTOS PRIOR TO RE-POSTING THEM IN CONJUNCTION WITH THE CONTEST (IF APPLICABLE).
7. Grant of Rights in Photos. Entrant grants to Sponsor and its designees the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicenseable right and license to use, perform, exhibit, reproduce and/or otherwise exploit his/her photo (including the accompanying caption, if any) in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to entrant. (The preceding grant of rights is subject to any rights retained by Instagram, as applicable). Entrant waives any “Moral Right of Authors” (Droit Moral) in the photo (including the accompanying caption, if any). Entrant further agrees, upon Sponsor’s request and without compensation, to sign any and all necessary and appropriate documents so as to effect, perfect or record such grant of license rights. Entrant further expressly acknowledges that Sponsor does not owe him/her a duty of confidence (or fiduciary duty or the like) with regard to his/her photo (including the accompanying caption, if any) and that Sponsor has wide access to ideas, stories, designs and other literary/artistic materials submitted to it from outside sources or being developed by its own employees and that such ideas/stories/designs/literary/artistic materials may be competitive with, similar to (or even identical to) a person’s photo (including the accompanying caption, if any) and that Sponsor shall have no liability to entrant or any third party in conjunction therewith.
8. Selection of Winner. On or about September 5, 2015, Sponsor will choose the winner. Winner will be chosen at the discretion of JA wellness LLC from among the top 25 most liked, eligible photos received (i.e., posted) during the Contest Period. Sponsor will evaluate photos based on the following criteria:
(a) Creativity (20%)
(b) Originality (20%)
(c) Strength of photo in expressing/capturing the theme of the Contest (60%)
9. Notification of Winner. Sponsor will post a comment to the potential winner’s photo and send an email the potential winner. It is the entrant’s sole responsibility to ensure they receive + respond to this email within 72 hours. Potential winner may also be required to complete, sign and return an Affidavit of Eligibility, a Liability Release and a Publicity Release (where lawful) and perhaps other documents (e.g., proof of written consents from any third parties depicted in photo and/or referenced in accompanying caption [if any], as applicable; confirmation of grant of rights in photo) within an indicated time period. In the event of noncompliance with these requirements (as applicable), if potential winner cannot be reached for any reason (including failure to timely respond to comment on his/her photo for any reason) or if potential winner is determined to be ineligible or otherwise in violation of these Official Rules, he/she shall be disqualified and forfeit the prize without compensation of any kind. In case of prize forfeiture, alternate winner will be selected from among all remaining eligible photos received, as per Rule 8 above.
10. Prize.
There will be one (1) “Prize” available to be won:
1) 2 flights to Bali, booked on mileage. + 7 night stay within 10 miles of Ubud, Bali. Recommended hotels are provided. Hotel may be chosen by winner discretion. $100/ night for hotel, for both people. All taxes and fees above $100/ night must be paid by winner.. Limit 40k miles per flight ticket. Any and all associated costs must be paid by winner.
Applicable taxes and unspecified expenses in conjunction with prize acceptance/use are prize winner’s sole responsibility. Limit of one (1) prize per person in any contest or sweepstakes sponsored by JA Wellness LLC over a one year month period.
11. Releases. Where legal, by accepting prize, winner agrees (and will confirm in writing upon request) to use of winner’s name, likeness, photo, voice, biographical information, image and other indicia of persona for advertising/publicity/trade purposes by Sponsor and its designees without further compensation or notice. By participating, entrant releases and agrees to hold harmless Sponsor, its parent, affiliates, subsidiaries and agencies (including but not limited to Curalate, Inc.) and the directors, officers, agents, representatives, shareholders, employees, successors and assigns of any of the above organizations, as well as Facebook and Instagram, from any and all liability arising from the Contest. The preceding includes but is not limited to damage to mobile device (or information/data stored thereon) used by an individual to participate in the Contest as well as violation of any third party rights in conjunction with one’s photo and/or participation in the Contest.
12. Limitations of Liability. The computer of Wishpond.com (an independent, third party agency administering the Contest for Sponsor) is the official clock for the Contest. Sponsor and its agencies are not responsible for late, lost, garbled, incomplete (including but not limited to omission of #summerofyogalove hashtags), inaccessible/blocked, corrupted, misdirected, delayed or damaged entries/photos, regardless of cause, which are void; for technological, programming, electronic, filtering or other operation of the functionality of Instagram or other error/malfunction/failure of any kind which interferes with the advertising/offering of the Contest in any respect. Sponsor’s failure to enforce any provision of these Official Rules in a given instance shall not constitute the waiver of such provision. Tampering with the Contest in any manner will result in disqualification (if applicable) and Sponsor and its agencies may otherwise seek to protect their respective rights to the full extent allowed by law. If Sponsor determines in its sole discretion that the Contest – in whole or in part – cannot be conducted as originally planned due to any cause beyond its control (e.g., computer virus/bug, tampering, fraud), Sponsor may cancel, modify or suspend the Contest and select the potential winner from among all eligible entries/photos received/posted prior to and/or after the action taken by Sponsor (as applicable) or otherwise in a manner that Sponsor in its sole discretion determines is fair, appropriate and consistent with these Official Rules. Notice of such action will be posted on Sponsor’s account on Instagram (@julianne.yoga).
13. Dispute Resolution/Choice of Law. To the fullest extent permitted by law, you agree that:
(a) any and all disputes regarding the Contest or these Official Rules shall be governed by the internal, substantive law of California (i.e., without regard to choice of law/conflict of law rules of California or of any other jurisdiction);
(b) you are subject to the personal and exclusive jurisdiction of the courts of the United States District Court for the Northern District of California or California state court situate in Alameda County, California;
(c) you waive any right of change of venue, inconvenient forum or the like;
(d) any action will be brought by you individually (NOT as part of a class action);
(e) your recovery in any such action is limited to actual costs involved in participating in the Contest (if any), with all rights to attorneys’ fees and any and all damages (including special, compensatory, punitive, consequential damages) being expressly waived.
If the preceding or any other provision of these Official Rules is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, it shall be replaced by a substitute provision that most closely approximates the original intent of Sponsor and is valid, legal and enforceable. The invalidity/illegality/unenforceability of a given provision shall not affect the validity/legality/enforceability of the remainder of these Official Rules.
14. Winner’s List. Winner will be posted at http://www.julianne.yoga/summer-of-yoga-love-challenge after September 9th, 2016 until September 30st, 2016.