KAABOO Del Mar Event Weekend Instagram Contest Official Rules
Effective as of September 13, 2018
NO PURCHASE NECESSARY TO APPLY OR WIN. PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. U.S. LAW AND LOCAL LAWS AS APPLICABLE IN EACH JURISDICTION GOVERN THIS CONTEST.
1. ELIGIBILITY: The KAABOO Del Mar Event Weekend Instagram Contest (the "Contest") is open only to Entrants (as defined below) who are eighteen (18) years or older, or age of majority in their jurisdiction, whichever is older, as of the effective date above. Officers, directors, manager, members and employees (and members of their households or immediate families, i.e., parents, children, spouses, siblings, grandparents, the step-parents, step-children, and step-siblings of each and persons residing in such immediate family members' households) of Casual Fridays Inc. (“Casual Fridays”) and/or KAABOO - DEL MAR, LLC. (“Sponsor”), and their respective parent, related, affiliated and subsidiary companies, all other entities involved in the creation, administration, or fulfillment of the Contest and their respective successors and assigns are not eligible to enter or win. Participation constitutes full and unconditional agreement to these official rules ("Rules"). Casual Fridays’ and Sponsor's decisions are final and binding in all matters related to the Contest. Winning is contingent upon fulfilling all requirements set forth herein. Void where prohibited or restricted by law.
2. HOW TO ENTER; WINNER SELECTION: During the Contest Period, Contest participants (individually, each an “Entrant”, and collectively, “Entrants”) will enter the contest by submitting on Instagram an original photo taken by Entrant (each, a “Submission”). Entrants will be required to add @kaaboodelmar and #kaaboocontest in the caption or in the comments of the Submission. Each such Submission submitted in accordance with these Rules will be judged by Casual Fridays, evaluated in the following categories (and weighted in the following percentages): relevancy of theme (1/3rd), quality of content (1/3rd), and originality (1/3rd). A total of (3) winners will be selected over a 3-day period. You hereby grant the Casual Fridays, Sponsor and each of their affiliated entities permission to contact you via phone, Instagram direct message, email and/or text message, at the number and/or email address provided by you when entering the Contest.
3. PRIZE; NON-REDEMPTION: (3) winners will receive a pair of HANG LOOSE passes. No substitution, assignment or transfer of a prize is allowed except with Casual Fridays’ and Sponsor's prior written permission or where required by law. If for any reason a prize becomes unavailable, Sponsor may award a substitute prize of equal or greater value in its sole discretion. THE WINNER IS SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT AND/OR PERFORMANCE OF ANY PRIZE. Awarding of a prize is subject to verification of eligibility and compliance with all rules. The prize is not redeemable for cash, cash equivalent, trade or transfer to any other party.
4. CONTEST TIMING: The Contest begins on Thursday, September 13, 2018 at approximately 5:00 pm Pacific Time ("PT") and ends on Monday, September 17, 2018 at approximately 11:59 pm Pacific Time ("PT") (the "Contest Period"). Winners will be notified by Friday, September 21, 2018. For purposes of these Rules all times are PT. Casual Fridays reserves the right to adjust start and end times and/or dates for the Contest Period at any time with or without notice.
5. ENTRY GUIDELINES AND REQUIREMENTS: Each Submission:
NOTE: If any Submission fails to comply with any of these requirements or any other provisions of these Rules, Casual Fridays and Sponsor each reserve the right to disqualify the Entrant and the Submission will not be eligible to win.
A potential winner will be disqualified and an alternate potential winner may be selected if (i) he/she does not comply with these Rules (or is otherwise determined to be ineligible), (ii) he/she does not respond to the winner notification and claim the prize within two (2) business days of its transmission (or receipt, if mailed), or if the emailed winner notification, after three (3) attempts, is returned as undeliverable, (iii) the person fails to comply with other rules set by Casual Fridays and/or Sponsor; or (iv) the prize is undeliverable for any reason. If Casual Fridays or Sponsor notifies, or seeks to deliver the prize to or otherwise attempts to contact an alternate potential winner, and such alternate potential winner is subsequently disqualified then Casual Fridays and Sponsor shall use their respective reasonable business judgment to determine, in their sole discretion, the disposition of the prize (e.g., may choose another alternate potential winner in a manner consistent with these rules or cancel the awarding of the prize, at their sole discretion).
6. CASUAL FRIDAYS’ AND SPONSOR'S IP AND GENERAL PHOTO SUBMISSION TERMS: Each of Casual Fridays and Sponsor grants Entrants a limited, revocable, non-sublicensable license to use Casual Fridays’ and Sponsor's respective name, product, trademarks and logos (individually and collectively, the "IP") for the sole purpose of participating in this Contest. Entrants are not permitted to make any further use of the IP for any purpose whatsoever. In addition, Entrants recognize that all rights, title, and interest in the IP shall vest exclusively in Casual Fridays and Sponsor, respectively, and Entrant agrees that he or she has not and will not take any action that might harm or adversely affect such rights. No right, title or interest in and to the IP except for the limited license granted to Entrant in these Rules is transferred or created. Each Entrant further acknowledges and agrees that the IP rights are valid and enforceable, and that Entrant shall do nothing to challenge the validity or enforceability of the IP in any forum. Entrants agree that the use of the IP is permitted only for the purpose of making a Submission in this Contest, and that any use of the IP (whether in the Submission or otherwise) beyond this scope infringes the respective rights of Casual Fridays and Sponsor and will result in irreparable harm to Casual Fridays and Sponsor, respectively.
Each Entrant retains ownership of his/her Submission. Each Entrant hereby grants to Casual Fridays and Sponsor and their respective affiliated companies and designated agents a non-exclusive, transferable, perpetual, irrevocable, royalty free, unconditional, fully paid license and right (a) to post and to make, have made, use, copy, reproduce, modify, and create derivative works of, the Submission and any materials provided by the Entrant with the Entrant's Submission or otherwise through the Contest ("Entrant Materials"), (b) to publicly perform or display, import, broadcast, transmit, distribute (directly and indirectly), or license the Submission and Entrant Materials (and derivative works thereof) by any and all means now known or hereafter devised, worldwide and in perpetuity, and (c) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties. Additionally, each Entrant consents to the use of the name, statements, photographs, videos, voice recordings and likenesses of
himself/herself and any other person appearing in the Submission and Entrant Materials, for publicity purposes, as well as any other purpose associated with the Contest by any and all means now known or hereafter devised, worldwide and in perpetuity.
During the Contest, Entrant agrees to post, share, tag and otherwise promote Entrant’s Submission via the Instagram system (as detailed in the given Contest’s materials) to maximize the number of views, likes and shares of Entrant’s Submission.
If requested, Entrant will sign any documentation including without limitation any release that may be required for Casual Fridays and Sponsor or their designees to make use of the non-exclusive rights Entrant is granting to use the Submission and Submission Materials.
7. RELEASE: By participating in this Contest and/or receiving a prize, each Entrant (and in particular, winners) agree to release and to indemnify, defend and hold harmless Casual Fridays, Sponsor, and Instagram and each of their respective related companies, and all of its or their respective officers, directors, managers, members, employees and agents (collectively, the "Released Parties") for any liability, injury, death, loss or damages to Entrant or any person or entity, including without limitation damage to personal or real property, caused in whole or in part, directly or indirectly, by participation in this Contest (or related activities, including without limitation the background check set forth below) or the acceptance, performance of or use/misuse in relation to a prize.
8. LIMITATIONS OF LIABILITY: Release Parties are not responsible for lost, incomplete, late, damaged, garbled, undelivered, inaccurate or misdirected Submissions; or Submissions that cannot be played or for failures of video and/or audio recording; failures or malfunctions of phones, phone lines or telephone systems or other communications malfunctions; interrupted or unavailable network, Internet Service Provider (ISP), cable, satellite, server or other connections including those through Instagram and/or the websites of Casual Fridays and/or Sponsor; miscommunications, failed computer hardware or software or other technical failures; garbled, lost, misrouted or scrambled transmissions; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion on the Internet or for any technical problem, including but not limited to any injury or damage to Entrant's or any other person's computer related to or resulting from participation in this Contest; printing, typographical or other errors appearing within these Rules, Terms of Service and/or in any Contest-related advertisements or other materials; or other errors or problems of any kind whether mechanical, human, technical, electronic or otherwise, including, without limitation, errors that may occur in connection with the administration of this Contest, the processing or selection of Submissions, the announcement of the winner and/or the prize, the incorrect uploading of any Submission, or in any other Contest-related materials. The use of automated entry or similar devices is prohibited and entries through such prohibited devices are void. By entering this Contest Entrants give their express permission to be contacted by Casual Fridays and/or Sponsor by telephone, email and/or postal mail for promotional purposes only. CASUAL FRIDAYS AND SPONSOR EACH DISCLAIM ANY AND ALL WARRANTIES OF ANY NATURE WHATSOEVER WITH RESPECT TO THE CONTEST, (OR RELATED ACTIVITIES, INCLUDING WITHOUT LIMITATION THE BACKGROUND CHECK SET FORTH BELOW), WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, PARTICULARLY INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AS WELL AS ANY WARRANTY THAT THE CONTEST, (OR RELATED ACTIVITIES, INCLUDING WITHOUT LIMITATION THE BACKGROUND CHECK SET FORTH BELOW), ARE ERROR-FREE, WILL OPERATE WITHOUT INTERRUPTION, OR ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS.
9. PUBLICITY: Except where prohibited, participation in this Contest constitutes Entrant's (and in particular, winner's) consent to Casual Fridays and Sponsor and/or their respective employees and agents' use of Entrant's name, likeness, voice, opinions and biographical information for publicity, advertising, trade or promotional purposes in any media or manner, now known or hereafter devised, worldwide, without further payment, consideration, notice or approval.
10. CONDITIONS OF PARTICIPATION:
Conduct. Casual Fridays and/or Sponsor reserves their respective rights, in their sole discretion, to modify, cancel, terminate, and/or suspend the Contest and to disqualify any Entrant or other individual who tampers with the entry process, violates these Rules, or acts in a disruptive or unsportsmanlike manner. Without limiting the foregoing, Sponsor may lock out an Entrant who, in Sponsor's sole judgment, has been disqualified, has questionable eligibility or is otherwise ineligible to enter.
Any use of robotic, macro, automatic, programmed or other methods that simulate a user’s individual posting or Submission or other Website features that allows users to show their individual support for promotions by means of specific comments, pictures, wall posts, statuses, or fan pages (all such support features, the “Promotion Support”) will void all such Promotion Support and Casual Fridays and/or the Affiliated Companies reserve the right to nullify any and all such Promotion Support and to disqualify the responsible individual from providing Promotion Support. Any attempt by a user and/or his/her family/friends to provide Promotion Support more than the number of times authorized herein using multiple names, email addresses, phone numbers and/or any other fraudulent mechanism, as determined by Casual Fridays and/or the Affiliated Companies in their sole discretion, shall give Casual Fridays and/or the Affiliated Companies the right to disqualify and remove such user and any related Promotion Support as Casual Fridays and/or the Affiliated Companies determine in their sole discretion. Any attempt by any user to submit more than the stated amount of Promotion Support by using multiple/different email addresses, identities or any other method will void that user’s Promotion Support. Users are prohibited from obtaining Promotion Support by any fraudulent or inappropriate means, including, but not limited to, offering prizes or other inducements to members of public, paying or otherwise engaging a third party service to provide Promotion Support for or obtain Promotion Support for a given Promotion, or collaborating with other individuals or groups to trade Promotion Support, as determined by Casual Fridays and/or the Affiliated Companies, in their sole discretion, and Casual Fridays and/or the Affiliated Companies reserves the right to nullify any and all such Promotion Support and to disqualify from the Promotion the responsible user and/or Promotion contestant. CAUTION: A PERSON WHO ATTEMPTS DELIBERATELY TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST OR TO ALTER OR DAMAGE A WEBSITE MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PENALTIES AND FINES; AND CASUAL FRIDAYS AND SPONSOR EACH RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Incidents. Without limiting the foregoing, Casual Fridays and Sponsor may each modify, cancel, terminate, and/or suspend the Contest if, in the Casual Fridays’ and/or Sponsor's sole opinion, an incident of any kind occurs to corrupt or impair the administration, security, integrity, fairness or play (as intended) of the Contest, including without limitation: (a) viruses, bugs, unauthorized human intervention, fraud or technical failure; or (b) earthquake, flood, fire, storm or other natural disaster, act of God; or (c) labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict (whether or not officially declared).
Cancellation. In the event of a cancellation or termination, the prize may be awarded in any manner deemed fair and appropriate by Casual Fridays and/or Sponsor.
No Sponsorship. The Contest is not endorsed, sponsored, administered by, or associated with Instagram in any way whatsoever.
11. DISPUTES/CHOICE OF LAW: Except where prohibited, each Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in the State of California, San Diego County, City of San Diego; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damages"), and (4) Entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. California law, without reference to California's choice of law rules, governs the Contest and all aspects related thereto, the participants expressly waiving any other forum that they may be entitled to in light of their current or future domiciles.
12. OFFICIAL RULES; WINNERS LISTS: For a copy of the Rules and/or list of winners, mail a self-addressed stamped envelope with your request to the address below. Requests must be received within thirty (30) days following the end of the Contest.
Casual Fridays, Inc.
Attn: KAABOO Del Mar Event Weekend Instagram Contest 10531 4S Commons Dr.
San Diego, CA 92127