Terms and Conditions: Bonusprint x Photobox Instagram Giveaways

By Bonusprint on 6 June 2012

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL DETERMINATIONS MADE BY PHOTOBOX UK ARE FINAL. ENTRY INTO THE giveaway CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES. VOID WHERE PROHIBITED.

1. Agreement to Official Rules

Participation in the Photobox UK giveaway (“giveaway”) constitutes each giveaway participant’s (each an “Entrant”) full and unconditional agreement to and acceptance of these giveaway rules (“Official Rules”) and the decisions of Photobox or its designee (including, without limitation, decisions regarding eligibility and judging of giveaway Entries (as defined below), selection of giveaway Winners (as defined below), and the awarding of any giveaway prizes), which are final and binding in all respects. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.

2. Eligibility

Giveaways will begin and end on the dates as specified in the particular giveaway announcement (the “Promotion Period”). Photobox’s time-keeping system is the official time-keeping device for the giveaway, and Photobox may also rely on the time processing functions of Facebook, Instagram, Snapchat, and/or Twitter, as relevant. Photobox giveaways are open only to individual persons at least eighteen (18) years of age who, as of the date of entry, are permanent legal residents of The UK. Any effort by an Entrant to misrepresent himself or herself through the use of aliases or multiple email addresses will disqualify that Entrant. Giveaway Entries generated by a script, bot, macro or other automated means are void. Employees, contractors and agents (and their immediate families and household members) of Photobox, its subsidiaries, affiliates, and divisions, and persons who were awarded a prize from Photobox within the last six (6) months prior to the beginning of the giveaway period are also not eligible to participate or win. For the avoidance of doubt, if it is found, in Photobox’s sole discretion, at any time during or after the giveaway period, that any of the eligibility criteria herein are not met with respect to any Entrant, such Entrant may be disqualified from the giveaway. Photobox’s determination of eligibility shall be final.

3. How to Enter

No purchase necessary to enter or win. Entrants will enter by submitting comments to Instagram posts (each an “Entry”) via the method as specified in the particular giveaway announcement and details.

4. Winner Selection; Odds; Notification

One (1) Winner for each Giveaway will be selected in a random drawing from all eligible entries on the date specified in the Giveaway Announcement. The odds of being selected as a Winner depend on the total number of eligible Entries received in the giveaway. Potential Winners will be notified either via: (i) the channel (e.g., Instagram) the Entry is received; or (2) if applicable, the email address provided, within five (5) days following the end of the Promotion Period. If the potential Winner cannot be contacted, for any reason, within five (5) days after the first attempt to contact him/her, Photobox may select an alternate potential Winner in his/her place from the remaining non-winning, eligible Entries. Photobox shall have no liability for a potential Winner’s failure to receive notices due to spam, junk e-mail, or other security settings or for the provision of incorrect or otherwise non-functioning contact information. Potential Winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements.

5. Prizes

Winners will receive the prize as specified in the particular giveaway announcement. Each giveaway will have one (5) winners, who will receive five (5) prizes. Giveaway prizes are awarded “AS IS” and are non-transferable, non-assignable and non-refundable. No substitution for cash or other prize may be made, provided however, that Photobox reserves the right (but has no obligation) to substitute a prize, or component thereof, with another prize, or component thereof, including cash, of equal or greater value should the awarded prize not be available for any reason as determined by Photobox in its sole discretion. By participating in the giveaway, Entrants acknowledge that giveaway prizes are awarded by Photobox and that the giveaway is in no way sponsored, endorsed, or administered by anyone other than Photobox. Receipt of a prize is conditioned upon compliance with any and all federal, state, and local laws and regulations. Any and all prize-related expenses, including without limitation any and all national, regional, and/or local taxes and fees, shall be the sole responsibility of each Winner.

6. General Conditions of Participation

Entries will not be returned to Entrants after submission. By participating in a giveaway, each Entrant represents and warrants that his/her Entry (a) is an original creation; (b) has not been copied or derived in whole or in part from any other work; (c) does not violate or infringe (including, if applicable, all images and people depicted in the Entry) any copyright, trademark, privacy or publicity right, or other personal proprietary or intellectual property right of any person or entity; (d) is not defamatory, libelous, obscene, or otherwise illegal; (e) is the sole and exclusive property of the Entrant; (f) he/she has complete, worldwide distribution rights for his/her Entry; (g) he/she has received the written consent of any person (or parent or legal guardian if such person is a minor) who appears in any Entry; and (h) he/she, has complied with all of Facebook’s, Instagram’s, Twitter’s, and/or Snapchat’s (as applicable) requirements and terms regarding the use of their services in connection with the giveaway. Entries that do not comply with the above requirements may not be eligible and, if submitted, may be removed at any time in Photobox’s sole discretion. Photobox reserves the right in its sole discretion to disqualify any Entry that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with these Official Rules.

Photobox reserves the right, in its sole discretion, to terminate, modify, or suspend a giveaway if, in Photobox’s sole discretion, there is any suspected or actual evidence of tampering with any portion of the giveaway or if unauthorized intervention, fraud, technical difficulties, failures or any other factor beyond Photobox’s reasonable control corrupt or affect the administration, security, fairness, integrity, or proper conduct of the giveaway. In such event, Photobox reserves the right (but does not have the obligation), in its sole discretion, to award the prize at random from among eligible, non-suspect Entries received up to the time of suspected impairment. Photobox reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of a giveaway or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of a giveaway is a violation of criminal and civil laws, and, should such an attempt be made, Photobox reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Photobox’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision of these Official Rules.

7. Non-Exclusive License and Publicity of giveaway Entry

By submitting an Entry, Entrants hereby grant Photobox the non-exclusive, royalty-free, fully paid, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display his/her Entry for any purpose, throughout the world, in any medium, without further notice, approval, compensation or additional consideration to Entrant unless prohibited by law.

8. Right of Publicity Grant to Photobox

By submitting an Entry, each Entrant grants to Photobox and its designees the right to use his/her name, likeness, distinctive appearance, image, portrait, picture, or photograph (whether still or moving), voice, including, without limitation, a recording or parts thereof, whether in writing, audio and/or video, and biographical information listed, provided, referenced, or otherwise contained in the Entry for any purpose related to or in connection with promotion of Photobox products on Photobox’s social media channels, without further notice, approval, compensation or additional consideration to Entrant, unless prohibited by law. Entrant understands and accepts that the only compensation the Entrant will receive for granting this right is the publicity the Entrant may receive by the publication or broadcasting of the Entrant’s Entry into the giveaway and/or the announcement of the Entrant’s participation in the giveaway.

Submission of personal contact information in connection with the giveaway (whether or not required), including, without limitation, mailing address, phone number, email address, Instagram handle, Snapchat handle and Twitter handle constitutes permission for Photobox and its designees to use such personal contact information for purposes of administration of the giveaway. Entrants also may opt-in to be added to Photobox’s customer database and to permit Photobox to contact Entrant in the future for promotional and other reasons. Entrants may opt-out of receiving such communications as set forth in Photobox’s Privacy Policy (located at /privacy-policy) or as provided within any such marketing materials (e.g., using the “Unsubscribe” feature provided in the footer of Photobox e-mails). Entrants understand that they are providing their personal contact information to Photobox and not to Instagram, Snapchat, Facebook, or Twitter. The personal contact information Entrants provide will only be used in accordance with Photobox’s Privacy Policy.

9. Release and Indemnity

Each Entrant, to the maximum extent permitted by law, hereby agrees to forever and irrevocably release, indemnify, and hold harmless Photobox and its affiliates, subsidiaries, those working on its behalf, and each of their respective officers, directors, representatives, employees, agents, successors, and assigns (the “Released Parties”) from and against all claims, damages, loss, or other liability, either at law or equity, whether known or unknown, asserted or non-asserted, that may arise from or is in any way related to participation in the giveaway or the awarding, acceptance, receipt, use, or misuse of any prize (including any travel or activity related thereto).

10. Limitations of Liability

Photobox is not responsible for (a) incorrect or inaccurate transcription of Entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected Entries, or Entries received through impermissible or illegitimate channels, all of which will be disqualified from the giveaway; (b) any technical errors associated with the giveaway, including lost, interrupted, or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility, or failed computer, satellite, telephone, cellular tower, or cable transmissions, lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures, or difficulties; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) any other errors or problems in connection with the giveaway, including, without limitation, errors that may occur in the administration of the giveaway, announcement of the Winner, the cancellation or postponement of the giveaway, or in any giveaway-related materials; and (e) injury, death, losses, or damages of any kind, to persons or properties which may be caused, directly or indirectly, in whole or in part, from Entrants’ participation in the giveaway or acceptance, receipt, or misuse of a giveaway prize.

11. Disputes

Any and all disputes, claims, and causes of action arising out of or in connection with the giveaway shall be resolved individually, without resort to any form of class action. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THE giveaway. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.

12. Not Endorsed by Social Media Platforms

By participating in an Photobox giveaway, Entrants acknowledge that the giveaway is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, Twitter, and/ or Snapchat (the “Released Platforms”) and hereby release each of the Released Platforms from any and all liability arising from or related to any Photobox giveaway. The information Entrants provide for the giveaway is being provided to Photobox and not to the Released Platforms.

13. Winners List

The names of the giveaway Winners may be obtained upon request by emailing alexandra.perkins@photobox.com at least thirty (30) days following the end of the giveaway.

14. Sponsor

The giveaway sponsor is Photobox UK, Herbal House, 10 Back Hill, London, EC1R 5EN