(THE “PROMOTION”) OFFICIAL SWEEPSTAKES RULES
CONSUMER DISCLOSURE You have not yet won.
By entering this Sweepstakes, entrants accept and agree to be bound by these Official Rules. Any violation of these rules may, at Administrator’s discretion, result in disqualification. All decisions of the judges regarding this Promotion are final and binding in all respects.
1. PROMOTION PERIOD. Promotion begins 8:00 AM ET December 31, 2020 and ends 11:59 PM ET January 10, 2021 (“Promotion Period”). Entries and all supporting materials must be submitted online at https://www.surveymonkey.com/r/5RGVSRR.
2. ELIGIBILITY. This Promotion is only open to legal residents of the United States (excluding Alaska, Hawaii, and all United States owned territories and possessions) and the District of Columbia who are at least 18 years old as of the date of Entry. Officers, directors, members, and employees of the Administrator, Sponsor, the judging organization (if applicable), Nintendo of America Inc., or any other party associated with the development or administration of this Promotion, and the immediate family (i.e., parents, children, siblings, spouse), and persons residing in the same household, as such individuals are not eligible for this Promotion. This Promotion is void where prohibited.
4. WINNER SELECTION AND NOTIFICATION. Up to one (1) winner will be selected in a random drawing conducted by the Administrator from among all eligible entries received by the end of the Promotion Period. Odds of winning depend upon the number of eligible entries. Winner agrees to be bound by these Official Rules and decisions of the Sponsor, whose decisions are final on all matters relating to this Sweepstakes.
Any potential winner will be notified by Instagram direct message, mail, email and/or telephone. If a potential winner: (i) cannot be contacted; (ii) does not respond within three (3) days from the date the Administrator first tries to notify him/her; (iii) fails to return the Affidavit and Release as specified in Rule 8; (iv) refuses the prize; and/or (v) the prize or prize notification is returned as undeliverable, such potential winner forfeits all rights to win the Promotion or receive the prize. Upon contacting a potential winner and determining that he/she has met all eligibility requirements of the Promotion, including without limitation the execution of required waivers, publicity and liability releases and disclaimers, and, at Administrator’s discretion, successful completion of a background check, such individual will be declared a “winner” of the Promotion.
5. PRIZE DESCRIPTION. There will be up to one (1) winner. Each winner will be entitled to the following prize:
- One (1) Nintendo Switch system, One (1) Animal Crossing: New Horizons game, One (1) Mario Kart 8 Deluxe game, and One (1) Ring Fit Adventure game. (Approximate retail value of $499.96)
Winner agrees to accept the Prize “as is”, and entrants hereby acknowledge that Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prize, including, without limitation, to the prize’s quality, merchantability or fitness for a particular purpose or express warranties (if any) provided exclusively by a supplier that are sent along with the Prize. Sponsor will not replace any lost or stolen Prize. If prize notification or Sweepstakes-related communication is lost, rejected, faulty, or returned as undeliverable, or if a winner cannot be contacted after a reasonable attempt has been made by Administrator (as determined by Administrator in its sole discretion) or is disqualified, the Administrator reserves the right to randomly choose an alternate potential winner, in its sole discretion. Unclaimed prize(s) will not be awarded. Other restrictions may apply. All federal, state, and local taxes on the prize are the sole responsibility of each winner.
6. OWNERSHIP AND LICENSE. All entry materials become the property of the Administrator and will not be acknowledged or returned. The copyright in any Submission shall remain the property of the entrant, but entry into this Promotion constitutes Entrant’s irrevocable and perpetual permission and consent, without further compensation, with or without attribution, to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, or display such Submission, and the entrant’s name and/or likeness, for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes by the Administrator and/or others authorized by the Administrator, in any and all media now in existence or hereinafter created, throughout the world, for the duration or the copyright in the Submission. Administrator and/or others authorized by the Administrator shall have the right to edit, adapt, and modify the Submission.
7. NO PRIZE TRANSFER OR SUBSTITUTION. No prize or any portion thereof is transferable. The prize cannot be exchanged for monetary value. All prize details shall be determined by Sponsor in Sponsor’s sole and absolute discretion. Sponsor reserves the right to substitute prize for one of equal or greater value in Sponsor’s sole and absolute discretion.
8. CONSENT AND RELEASE. By entering the Promotion, each entrant releases and discharges the Administrator, the Sponsor, judging organization (if applicable), and any other party associated with the development or administration of this Promotion, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, “Sweepstakes Entities”), from any and all liability whatsoever in connection with this Promotion, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”). Except where prohibited: (i) entry into the Promotion constitutes the consent of each entrant, without further compensation, to use his/her name, likeness, biographical data, contact information and his/her Submission for editorial, advertising, marketing, publicity, and administrative purposes by the Administrator and/or others authorized by the Administrator; (ii) acceptance of a prize constitutes a release by any winner of the Sweepstakes Entities of any and all Claims in connection with the administration of this Promotion and the use, misuse, or possession of his/her Submission or any prize; (iii) any potential winner may be required to sign an affidavit of eligibility (including social security number) and a liability/publicity/copyright release; and (iv) if prize involves travel or activities, any potential winner and travel companion (if applicable) may be required to execute releases of the Administrator from any and all liability with respect to participation in such travel/activities and/or use of the prize. Fully-executed affidavits and releases must be received by Administrator within three (3) days from the date that Administrator first tries to notify the potential winner. Administrator may conduct a background check to confirm any potential winner’s eligibility and compliance with these rules. By entering, you agree to cooperate reasonably with any such background check. If the prize includes participation in any public event(s) or publicity, or if Administrator Entities intend to publicize the winner in any way, and if a background check reveals that a potential winner has engaged in conduct that could damage the reputation or business of any Sweepstakes Entity, as determined by Administrator in its discretion, the potential winner may be disqualified and the prize may be awarded to an alternate winner. If winner is deemed to be a minor under the jurisdiction of his/her residence, the prize will be awarded in the name of his/her parent or legal guardian who must execute the necessary affidavit and release.
9. DISCLAIMERS. (i) Administrator is not responsible for entries that are lost, late, misdirected, incorrect, garbled, postage-due or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Administrator’s servers or elsewhere. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. (ii) Administrator, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the web site or otherwise attempting to undermine the legitimate operation of the Promotion. Use of bots or other automated process to enter is prohibited and may result in disqualification at the sole discretion of Administrator. (iii) Administrator or Sponsor further reserves the right to cancel, terminate or modify the Promotion if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. (iv) Sweepstakes Entities are not responsible for errors in the administration or fulfillment of this Promotion, including without limitation mechanical, human, printing, distribution or production errors, and may cancel, terminate or modify this Promotion based upon such error at its sole discretion without liability. In no event will Sweepstakes Entities be responsible for awarding more than the number of prizes specified in these rules. (v) In the event this Promotion is cancelled or terminated, pursuant to subparagraph (iii) or (iv), Administrator, in its sole discretion, may elect to select a winner from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. (vi) Sweepstakes ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (vii) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, Sweepstakes ENTITIES RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. (viii) The value(s) of the prize(s) set forth above represent Sweepstakes Entities’ good faith determination of the approximate retail value(s) thereof; the actual fair market value(s) as ultimately determined by Sponsor are final and binding and cannot be challenged or appealed. No substitution or compensation will be given for any portion of the prize that is not used.
10. APPLICABLE LAWS AND JURISDICTION. This Promotion is subject to all applicable federal, state, and local laws and regulations. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Official Rules is invalid or unenforceable, then that provision will be removed from the Official Rules, and the remaining provisions of these Official Rules will remain in full force and effect. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of Massachusetts, without regard to any principles of conflict of laws. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Boston, Massachusetts. Should there be a conflict between the laws of the State of Massachusetts and any other laws, the conflict will be resolved in favor of the laws of the State of Massachusetts. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.
11. WINNER LIST. For a list containing the names of the winners, send a self-addressed stamped envelope, within six (6) months of the Judging Date, to: Winner List, Nintendo Switch Pre-Survey Sweepstakes, Her Campus Media, 9 Lansdowne St., Suite 2, Boston, MA 02215.
12. SPONSORSHIP. This Promotion is Administered and Sponsored by Her Campus Media, 9 Lansdowne St., Suite 2, Boston, MA 02215 (the “Administrator”). Nintendo is not a sponsor, co-sponsor or administrator of this sweepstakes. This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram.