Instagram Promotion - Legal Copy and Official Rules

Promotion Terms and Conditions

Repêchage is offering you the chance to win a $350.00 Repêchage Gift Card*, redeemable on www.repechage.com for consumer purchases only, by uploading a photo of you using your Repêchage seaweed shopping bag, tagging us @repechage and #repechagecontest, tagging 2 friends in the comments who you would recommend Repêchage to, and completing the entry form.  By uploading a photo, you certify that the photo is yours and that you own the copyright to the photo.  You are prohibited from posting any nude, obscene, offensive, or otherwise inappropriate photos or photos that infringe on or violate any third party's rights.  Your completed entry must be received between October ___, 2016 ____AM EST and October ____, 2016 ____PM EST.  Repêchage will randomly select one (1) winner and will notify the winner by posting and/or commenting on @Repechage on Instagram, and/or on the winner's Instagram page, and/or emailing the winner on or by October ____ 2016.  No purchase necessary.  Only one (1) entry per person.  Any shipping and handling charges, federal, state or local taxes, if applicable, are the responsibility of the prize winner.  By entering this promotion you agree to be bound by the Official Rules and you agree for your photo, name, likeness and Instagram handle to be posted on Repêchage's Instagram, Facebook, Twitter, Linkedin, websites, blogs or any other social networking sites.  Sarkli-Repechage, Ltd. reserves the right to cancel, modify, suspend or terminate the promotion if it cannot be conducted as planned, at its sole discretion, without liability.

 

*Gift card expires December 31, 2016.  Online consumer retail purchases only.  Professional purchases are excluded.   If the purchase is less than the value of the Gift Card, the unused balance will remain on the Gift Card to be used for future purchases through the expiration date.  Gift Cards will not be replaced if lost or stolen.  Other terms, restrictions and conditions may apply. 


Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.  A purchase will not improve chances of winning. 

CONSUMER DISCLOSURE: You have not yet won. 

OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA WHO ARE AT LEAST 18 YEARS OLD AS OF THE DATE OF ENTRY.  Void where prohibited by law.

By entering this promotion (“Promotion), entrants accept and agree to be bound by these Official Rules. Any violation of these rules may result in disqualification.  All decisions of the judges regarding this Promotion are final and binding in all respects.

  1. SPONSORSHIP. This Promotion is sponsored by Sarkli-Repechage, Ltd., 300 Castle Road, Secaucus, NJ, 07094 ("Sponsor").
  2. PROMOTION PERIOD. Promotion begins October ____ 2016 at ____AM EST and ends October _____ 2016 at ____PM EST ("Promotion Period"). Entries must be received by the end of the Promotion Period.
  3. ELIGIBILITY. Promotion is only open to legal residents of the 50 United States and District of Columbia who are at least 18 years old as of the date of entry, except officers, directors, members and employees of the Sponsor, 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. This Promotion is void outside the 50 United States and the District of Columbia, and where prohibited.
  4. HOW TO ENTER. Upload a photo of you using your Repêchage seaweed shopping bag, tag us @repechage and #repechagecontest, tag 2 friends in the comments who you would recommend Repêchage to, and complete the entry form. Only one (1) entry per person during the Promotion Period is permitted.  No purchase necessary. 
  5. PRIZE DESCRIPTION. There will be one (1) winner. The prize is a $350.00 gift card redeemable on www.repechage.com for consumer retail purchases only through December 31, 2016.  If the purchase is less than the value of the Gift Card, the unused balance will remain on the Gift Card to be used for future purchases through the expiration date.  Gift cards will not be replaced if lost or stolen.  If the order total is more than the gift card amount, the remaining balance must be paid for by credit card.  Professional purchases are excluded.  No prize or any portion thereof is transferable or redeemable for cash.  No substitutions for prize except by Sponsor at its sole discretion.  Prize may not be combined with any other offer, coupon, discount and/or promotion.  Any shipping or handling charges, federal, state or local taxes, if applicable, are the sole responsibility of the winner.  Prize must be redeemed by December 31, 2016.  Other terms, restrictions and conditions may apply.    
  6. WINNER SELECTION AND NOTIFICATION. The drawing will be held on or by October ____ 2016 and will be a random drawing of all eligible entries received. The winner will be notified via Instagram (via post and/or comment on @Repechage on Instagram and/or on the winner's Instagram page) or by email on or by                    October ___ 2016.  Once Repêchage announces the winner, the winner shall be solely responsible for immediately contacting Repêchage as instructed.  If a potential winner cannot be contacted on Instagram, does not respond within three (3) days from the date the Sponsor first tries to notify him/her, cannot be contacted via email provided, and/or the prize or prize notification is returned as undeliverable, such potential winner forfeits all rights to win the Promotion or receive the prize, and an alternate potential winner may be selected.  If a selected entrant is not compliant with the rules or is found to be ineligible, the prize will be forfeited and an alternate potential winner may be selected. 
  7. ODDS OF WINNING. The odds of winning this Promotion depend on the number of eligible entries received.
  8. CONSENT AND RELEASE. By entering the Promotion, each entrant releases and discharges the Sponsor, 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, employees, independent contractors, agents, representatives, successors and assigns (collectively, "Sponsor 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 of property, rights of publicity or privacy, defamation, or portrayal in a false light). By entering the Promotion, you consent to Sarkli-Repechage, Ltd.'s use of your photo, name, likeness and Instagram handle for editorial, advertising and publicity purposes without compensation, including, but not limited to, use on company’s website, blogs and social network pages (i.e. Instagram, Facebook, Twitter, Youtube, Linkedin etc.), except where prohibited by law.
  9. COPYRIGHT ASSIGNMENT AND RELEASE. By uploading a photo, you certify that the photo is yours, that you are the person in the photo and that you own the copyright to the photo and you hereby agree to assign the copyright to Sarkli-Repechage, Ltd..  If any identifiable people other than yourself are in your photo you must have a signed model release on file and you must send a copy of that release to Sarkli-Repêchage, Ltd.  You hereby acknowledge and agree that any photos submitted may be edited, removed, modified, published, transmitted, and displayed by Sarkli-Repêchage, Ltd. and you waive any rights, including, but not limited to, moral rights, you may have in having the material altered or changed in a manner not agreeable to you.  You hereby irrevocably grant and assign to Sarkli-Repêchage, Ltd. any and all rights and copyrights in and to the photo submitted by you including the perpetual, world-wide, royalty free right to use the photo and/or to display, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt in any form or media now known or hereinafter developed, the photo uploaded by you for purposes of promotion, publicity, advertising and/or marketing (including, but not limited to, catalogues, brochures, deal sheets, flyers, promotions, leaflets, websites, blogs, social networks, press kits, folders, inserts, packaging, banners, shopping bags, posters, mailings, programs, product directories, magazines, trade or consumer publications, presentations, booklets, books, press kits, advertisements and/or editorials), or trade, or any other lawful purpose whatsoever, for an unlimited time worldwide without any restrictions.  You permit and consent to such use without any inspection or approval by you of the finished product or the copy that may be created in connection therewith and without any remuneration.  You hereby waive any and all interest or ownership in the photo or its copyright.  You acknowledge and agree that upon your entry into the Promotion, the photo and all copyright interests thereto, shall be owned solely by Sarkli-Repêchage, Ltd.  You hereby permit Sarkli-Repêchage, Ltd., its officers, directors, employees, agents and/or servants to use your name and likeness in connection with photo if they choose to do so or if otherwise necessary and/or required by law.  You understand that Sarkli-Repêchage, Ltd., its officers, directors, employees, agents and/or servants shall have the right but not the obligation to use the photo, your name and likeness and that you will not be compensated for any use of the photo or for use of your name and likeness in connection therewith.  You hereby release and discharge Sarkli-Repêchage Ltd., its officers, directors, employees, agents and/or servants, or those acting under their permission and upon their authority, from any liability, whether now known or unknown, for any use of the photo or use of your name and likeness in connection therewith, including, but not limited to, any claim for copyright infringement, defamation, misrepresentation, misappropriation, invasion of right to privacy, publicity or personality.  You understand that Sarkli-Repêchage Ltd. may, at its sole discretion, assign or license the rights granted herein to any third party without any remuneration to you.
  10. DISCLAIMERS. (i) Entries that are late, misdirected, lost, incorrect, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor's servers or elsewhere, will not be eligible. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the e-mail address and/or Instagram address submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address and/or Instagram 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 or for assigning the Instagram address. (ii) Sponsor reserves the right to cancel, suspend, terminate or modify the Promotion, at its sole discretion, without liability, if Promotion is not capable of being conducted and/or completed as planned, by reason of, tampering, unauthorized intervention, infection by computer virus, bugs, technical failures or any circumstances beyond the Sponsor’s control. (iii) Sponsor Entities are not responsible for errors in the administration or fulfillment of this Promotion, including without limitation printing, distribution, mechanical, human or production errors, and may modify or cancel this Promotion based upon such error at its sole discretion without liability. (iv) SPONSOR 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. (v) Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the web site. 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, SPONSOR 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.
  11. RELEASE OF THIRD PARTIES. By submitting an entry, you are providing your information to Sarkli-Repechage, Ltd. and not to Instagram, Facebook, or any other third party.  This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram, Facebook, or any other third party.  You hereby release and discharge Instagram, Facebook and any other third party from any and all liability in connection with this Promotion.
  12. APPLICABLE LAWS AND JURISDICTION. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, according to the laws of the State of New York, without reference to its conflict of laws principles, and the entrants consent to the personal jurisdiction of the State and Federal Court located in New York County and agree that such courts shall have exclusive jurisdiction over all such disputes. 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.
  13. RULES & WINNER: For a copy of these Official Rules and the Instagram handle of the winner send your request and a self-addressed stamped envelope to: Sarkli-Repechage, Ltd., 300 Castle Road, Secaucus, NJ 07094, by November 30, 2016.