The GIST℠ Giveaway Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM INC. BY ENTERING THIS SWEEPSTAKES, YOU ACKNOWLEDGE THAT YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO INSTAGRAM.
Void outside the 50 United States, District of Columbia and where prohibited. To enter you must be at least 18 years of age and a legal resident of one of the 50 United States, or the District of Columbia, at the time of entry. By participating, you agree to be bound by these Official Rules and the decisions of the Sponsor and Administrator, which are binding and final in all matters relating to this Sweepstakes.
1. Eligibility: The GIST℠ 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. Employees or contractors of Allergan USA, Inc., Merkle Inc., and their parent and affiliate companies as well as the immediate family (spouses, parents, step-parents, siblings, step-siblings, children) and household members of each such employee are not eligible. “Household members” shall mean people who share the same residence at least three (3) months per year. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void outside the 50 United States, District of Columbia and 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.
2. Sponsor: Allergan USA, Inc., 5 Giralda Farms, Dodge Drive, Madison, NJ 07940. Administrator: Merkle Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.
3. Timing: The Sweepstakes begins on July 13, 2020, at approximately 10:00 a.m. Eastern Time ("ET") and ends on August 13, 2020, at 11:59 p.m. ET (the "Promotion Period"). Instagram's servers are the official time-keeping devices for the Sweepstakes.
4. How to Enter:
Entry Requirements: During the Promotion Period, find Sponsor’s post(s) on its Instagram page at https://www.instagram.com/_thegist_/ advertising this Sweepstakes (“Posts”). Sponsor will create five (5) Posts, with a new Post each Monday between July 13, 2020, and August 13, 2020. To complete one (1) Sweepstakes entry you must take the following actions:
- Follow @_thegist_;
- Comment on one (1) of the five (5) Posts by “at mentioning” three (3) friends or family members with whom you have a personal relationship (NOTE: if you enter multiple times by commenting on different Posts, each comment must “@mention” different friends or family members in order to qualify);
- Keep your Instagram account settings public during the Promotion Period and until the prizes are awarded (as described in Section 6); and
- Maintain your Instagram handle used to enter during the Promotion Period and until the prizes are awarded (as described in Section 6).
You need not include any additional content in your comment. 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 or privacy, disparages Sponsor, or any other person or party, or contain material that is unlawful in any way.
By taking the actions above, you automatically will receive one (1) entry into the Sweepstakes. Sponsor may disqualify your comment if it finds it to be unlawful or in violation of these Official Rules. Released Parties (as defined in Section 8, below) are not responsible for lost, late, unreceived, damaged, incomplete, invalid, un-intelligible, or delayed comments or failure to receive the comment due to limitations of third-party social network platforms all of which will be void.
Limit: You may enter the Sweepstakes five (5) times during the Promotion Period, by commenting one (1) time on each Post. Entrants may only use one (1) Instagram account to enter this Sweepstakes. Entrants are not permitted to share the same Instagram account. Any attempt by an entrant to obtain more than five (5) entries by using multiple/different Instagram accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant will 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 enter 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 an authorized account holder.
5. Sponsor’s Use of Comments: Commenting on Sponsor’s Post(s) 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 comment.
6. Grand Prize Drawing: Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winner are final and binding in all matters related to the Sweepstakes. Administrator will randomly select the potential Sweepstakes winners from all eligible entries received during the Promotion Period, on or around August 14, 2020. Each potential winner will be notified via by @_thegist_ via a private message on Instagram and will be required to provide his/her name, complete mailing address, email address and date of birth to confirm eligibility and for prize fulfillment purposes within three (3) days of the date notice or attempted notice is sent into order to claim the prize. If a potential winner cannot be contacted, fails to provide any of the requested information within the required time period, or the prize is returned as undeliverable, the potential winner is disqualified and forfeits his/her prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event that a potential winner is disqualified for any reason, Sponsor will award the prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded.
7. Prize: TWO (2) GRAND PRIZES: One (1) $500 prepaid card per winner. Approximate Retail Value (“ARV”): $500. This prepaid card is not a gift card and has an expiration date. Winners of this prize will receive an email from firstname.lastname@example.org that prompts them to select either a physical or virtual prepaid card. Winners must make this selection within 90 days of the date of the email notification. Physical or virtual prepaid cards must be used within six (6) months after their issue date.
Card is issued by The Bancorp Bank, Member FDIC, pursuant to a license from Visa U.S.A. Inc. The Visa® prepaid card can be used anywhere Visa debit cards are accepted around the world. Winners may not substitute, assign or transfer the prize or redeem the prize for cash. 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. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning the prize depend on the number of eligible entries received during the Promotion Period. Prize will be fulfilled approximately 6-8 weeks after winner confirmation is complete.
8. Release: By participating in this Sweepstakes, entrants 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, in whole or in part, directly or indirectly arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.
9. 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.
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, 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) which 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. 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 for any or all of 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.
11. 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.
12. Arbitration: Except where prohibited by law, as a condition of participating in this Sweepstakes, entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at a AAA regional office in New York, NY; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental or consequential damages including attorney’s fees or any other damages, other than for entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Sweepstakes), and entrant further waives all rights to have damages multiplied or increased.
14. Winner List: For a winner list, visit https://bit.ly/3d7ytHb. The winner list will be posted after winner confirmation is complete.
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