Giveaway Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. BY PARTICIPATING IN THE SWEEPSTAKES YOU AGREE TO THESE RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU.
This Sweepstakes is in no way sponsored, endorsed or administered by Instagram Inc.
- Eligibility: The Unsolved Mysteries Halloween Giveaway (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Entrants must have a valid Instagram account that can be contacted through direct messages. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules. Sponsor’s and Administrator’s decisions are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein, including a review of entrant’s public social profile. If an entrant has engaged in conduct on its public social profile that could damage the reputation of or reflect unfavorably on Sponsor or any of the Released Parties, as determined by Sponsor in its discretion, entrant will be disqualified.
- Sponsor: Cosgrove Meurer Productions. 4303 W Verdugo Ave, Burbank CA 91505.
- Timing: The Sweepstakes starts on October 25, 2021 at 12:00 p.m. Pacific Time (“PT”) and ends on October 28, 2021 at 11:59 p.m. PT (the “Promotion Period”). Instagram’s servers are the official time-keeping devices for the Sweepstakes. Approximate drawing on October 28.
- How to Enter: Participation Requirements: To participate, you will need to have an Instagram account (“Social Account”). Creating each Social Account is free but is subject to the applicable terms and conditions (http://instagram.com/about/legal/terms/#). Posting on Instagram requires a mobile device and therefore message and data rates may apply. If entering via a mobile device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply.
- Entry Requirements: Locate Sponsor’s Sweepstakes Post that is posted at the start of the Promotion Period and links to these Official Rules, and take the following actions during the Promotion Period to receive an entry: (1) Follow @OfficialUnsolvedMysteries on Instagram; (2) Comment on the Sweepstakes Post “@ mentioning” two (2) people with whom you have a personal relationship (herein “Friend”) who meets the criteria described in Sponsor’s Instagram post. Your comment need not include any other content, including any positive reference about Sponsors products and services. However, if you choose to include additional content, it must be your original work and must not be indecent, obscene, hateful, tortious, defamatory, libelous, contain material that violates or infringes another’s rights, disparage Sponsor, or any other person or party, or contain material that is unlawful in any way; (3) Share Sponsor’s Sweepstakes post to your Instagram Story; and (4) There is no requirement that either entrant’s or Friend’s Instagram handle is public. However, entrant must not change your Instagram handle during the Promotion Period and until the prizes are awarded (as described in Section 6). If the account entering is private, a photo or “screenshot” proving fulfillment of requirement 3 must be sent to @OfficialUnsolvedMysteries via Instagram Message. By completing the above requirements, you will receive one (1) Sweepstakes entry for the prizes offered to Instagram users. Sponsor, in its sole discretion, may disqualify any comment that it finds unlawful, or in violation of these Official Rules, or any entrant whose public social profile demonstrates conduct that could damage the reputation of or reflect unfavorably on Sponsor.
- Limit: Each person may only enter once.
Entry Limitations: Multiple entrants are not permitted to share the same Instagram account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Instagram accounts, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the Instagram account used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses used to create the Instagram account. Each potential winner may be required to show proof of being the authorized account holder. Released Parties (as defined in Section 8, below) are not responsible for lost, late, unreceived, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions or failure to receive Submissions due to limitation of third-party social network platforms all of which will be void.
- Sponsor’s Use of Social Post Content: Commenting constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission.
- Prize Drawing: Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. Sponsor will randomly select the potential winning entries from all eligible entries received through Instagram during the Entry Period. The odds of winning are subject to the number of entries received. Entrants who are selected as winners will not be required to take any action to claim the prize, but must provide clothing sizes and a mailing address to which the Sponsor will ship the Prize. If a potential winner cannot be contacted, fails to sign and return the Declaration or provide the requested information within the required time period (where applicable), the potential winner forfeits the prize. In the event that a potential winner is disqualified for any reason or forfeits the prize, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries
- Prizes: The Winner will be sent a bundle of Unsolved Mysteries merchandise from the official shop (unsolved.shop). In the bundle will be one Alien Unisex Hoodie, one “Somewhere, Someone” mug, and one Unsolved Mysteries motel keychain. The total value of the prize is $79.00 without shipping.
For All Prizes: Instagram accounts must remain in good standing through the time of prize award. The Prize will be distributed within approximately 10 business days of verification of the winner. Sponsor will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address or other contact information. If the winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited, and Sponsor will have no further obligation with respect to that prize or portion of the prize. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Odds of winning a prize depend on the number of eligible entries received via Instagram during the Promotion Period.
Because the total value of the prize does not exceed $600, the winner is not responsible for filling out a W-9.
- Release: By receipt of any prize, winners agree to release and hold harmless Sponsor, Administrator, Instagram, Inc., and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.
- Publicity: Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name, prize information, likeness, Submission, photograph (including, without limitation, winner’s Instagram profile photo), voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
- General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, if any fraud, technical failures, human error, or any other factor impairs the integrity or proper functioning of the Sweepstakes, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, wide spread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Sweepstakes, including but not limited to fulfillment of the prize(s), as determined by Sponsor in its sole discretion. In such event, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance and may modify the prizes offered herein. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, not received, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
- Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for California or the appropriate California State Court; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
- Winner List: The winner will be posted on the @OfficialUnsolvedMysteries Instagram story. The caption of the giveaway post will also be edited after the winner has been confirmed, stating that the Sweepstakes is closed. The winner will be @ mentioned in the caption.