31 Nights of Halloween Broom Chat Sweepstakes
31 Nights of Halloween Broom Chat Sweepstakes ("Sweepstakes")
OFFICIAL RULES ("Rules")
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT IMPROVE ONE'S CHANCES OF WINNING. VOID WHERE PROHIBITED. MUST BE 18 YEARS OF AGE OR OLDER TO ENTER.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Meta Platforms, Inc. Each Entrant (as defined in Section 4 below) participating in this Sweepstakes provides information to Sponsor and not to Meta Platforms, Inc. Any questions, comments, or complaints regarding the Sweepstakes must be directed to the Sponsor, and not to Meta Platforms, Inc.
1. SPONSOR: International Family Entertainment, Inc., dba Freeform ("Sponsor"), 3800 W. Alameda Avenue, Burbank, CA 91505.
2. ADMINISTRATOR ("Administrator"): Ventura Associates International LLC, 494 Eighth Avenue, Suite 1700, New York, NY 10001 is an independent judging organization who is solely responsible for all aspects of this sweepstakes and whose decisions are final and binding with respect to the Sweepstakes.
3. ELIGIBILITY: To be eligible for this Sweepstakes, at the time of entering you must: [a] be 18 years of age or older as of date of entry; [b] be a legal resident of, and physically residing in one of the fifty (50) United States or the District of Columbia ("Territory"); [c] not be an employee of the Sponsor, Administrator, their parent, divisions, affiliates, subsidiary company, or their advertising, promotion or fulfillment agencies involved in this Sweepstakes (collectively, "Entities"), nor a household member or immediate family member of such employee; [d] not have any contractual relationships which could interfere with or prohibit you from entering and fully participating in the Sweepstakes (the Sponsor retains the right to determine in its sole discretion if an existing agreement represents a conflict); [e] be willing to have your Entry (as defined below in Section 4) appear in the Instagram® in-feed post at www.instagram.com/freeform ("Website"), possibly published on Sponsor's other social media platforms, shown on-air on Freeform or otherwise distributed, in connection with, or to promote, the Sweepstakes and/or for any other commercial or other purpose as determined by Sponsor; and [f] have access to the Instagram app from your mobile device in order to join the broadcast channel (see Section 4 below).
"Household member" shall mean people who share the same residence at least three (3) months a year, whether related or not. "Immediate family member" shall mean parents, step-parents, grandparents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live.
For purposes of these Rules, (posted at www.Freeform.com/31NightsBroomChat), all times and days are Pacific Time ("PT"). Sponsor's computer is the official time keeping device for this Sweepstakes; and the awarding of any prize is subject to the eligibility and forfeiture provisions set forth herein. Normal Internet access and usage charges imposed by your on-line and/or mobile service may apply. It is your sole responsibility to notify the Sponsor if you, as an Entrant (as defined in section 4 below), change your email address ("Address").
4. ENTRY: You, as the entrant ("Entrant") may enter this Sweepstakes starting at 11:00am PT, October 1, 2024, and ending at 11:59pm PT October 8, 2024 ("Entry Period"). To enter, you must have or create an Instagram® account ("Account"). Membership on Instagram® is free. After you have established your Instagram® account, sign into your Account using your mobile device and you may enter by doing all of the following: (1) join the 31 Nights of Halloween Broom Chat Instagram Broadcast Channel ("Channel") at www.instagram.com/channel/AbaBhdhgEGEOBjzw; (2) reply to the Sweepstakes post question (i.e., published during the Entry Period starting on October 1, 2024 at the Channel listed above) with hashtag #BroomChatSweepstakes; and (3) follow @Freeform and @31nightsofhalloween Instagram handles (collectively "Entry"). Upon completion, Entrant will receive one (1) Entry into the Sweepstakes.
You must remain a follower of @Freeform and @31nightsofhalloween Instagram handles for at least thirty (30) days following the Entry Period to receive winner notification via direct message if your Entry is selected. Each Entry received in accordance with these Rules that complies with all requirements of these Rules, and with all terms, conditions and policies of the Instagram® Terms of Use, will constitute an Entry into the Sweepstakes. Entries will not be judged but must be relevant to the Sweepstakes question. See Section 11 (e) for more details on the use of Disney intellectual property and/or copyrighted works ("Disney IP"). Partial and incomplete Entries will be disqualified.
If your Account is set to "protected or private mode", your updates/responses may not be visible to Sponsor and, therefore, may not be received by Sponsor, resulting in your failure to enter the Sweepstakes. Please note that disabling "protected or private mode" will make all of your photos public and anyone will be able to follow you.
During the Entry Period you will disclose your relationship with Sponsor in any online posts you make which reference Freeform or any of their products or services by including the statement "I entered a Freeform Sweepstakes" in any such online posts. If you are selected as a Winner you will continue to disclose your relationship with Freeform in all online posts you make that reference these companies or any of their products or services by including "#paid" or the statement "I received a prize from Freeform" in any such online posts.
By entering, you are signifying that you have read and agree to these Rules and the decisions of the Sponsor and Administrator (which are final and binding in all respects) and accept the Disney Terms of Use ("TOU") currently located at http://DisneyTermsofUse.com.
5. LIMITATIONS: All Entries must be received during the Entry Period. Entries are limited to one (1) Entry per person mentioned in Section 4, regardless of whether one person has more than one (1) Account or more than one (1) person uses the same Account, and regardless of how many Accounts a person may have. In the event that additional Entry is received from the same Entrant, only the first Entry received will be accepted.
Any attempt by a person to use multiple email accounts to register more Entries than allowed by these Rules may result in disqualification at Sponsor and/or Administrator's sole discretion. In the event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the person in whose name the Address is registered. Entries by any method other than by those set forth above in Section 4 are void. Any use of automated or programmed methods of effecting Entry is prohibited. Neither the Entities, nor any of their respective officers, directors, shareholders, employees, agents or representatives (individually and collectively, "Releasees") are responsible for: [1] Entries from persons residing, or physically located, outside the Territory; [2] Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misrouted, multiple, non-delivered, stolen, tampered with, unauthorized, unintelligible or otherwise not in compliance with these Rules; [3] or for lost, interrupted or unavailable network, server, internet service provider, Website or other connections; [4] telephone availability or accessibility; [5] miscommunications; [6] failed computer, satellite, telephone or cable transmissions, lines or technical failure; [7] failed phone, computer hardware or software, failures, technical errors or difficulties; telephone transmissions; [8] technical failures; [9] unauthorized human intervention; [10] traffic congestion; [11] garbled or jumbled transmissions; [12] undeliverable emails resulting from any form of active or passive email filtering; [13] insufficient space in entrant's email account to receive email; [14] or other errors of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes; even if caused by the negligence of any of the Releasees. In the event of any discrepancy or inconsistency between the terms of these Rules and the Privacy Policy (as defined in Section 9 herein) and/or TOU, the terms of these Rules shall govern.
6. PROCEDURES: All Entries must be received during the Entry Period. On or about October 10, 2024 in a random drawing, potential Winners will be selected from all eligible Entries received. Odds of winning depend on the total number of eligible Entries received.
7. WINNERS: On or about October 10, 2024 the potential Winners will be notified via an Instagram® Direct Message ("DM") to obtain the potential Winners' mailing addresses as well as any additional required information or responses. At the sole discretion of the Sponsor and/or Administrator, disqualification, forfeiture and the selection of any alternate potential Winners, if time permits, may result from any of the following: [1] a potential Winner's failure to reply to the Sweepstakes post question; [2] a potential Winner's failure to become or remain a follower of @Freeform and @31nightsofhalloween; [3] a potential Winner's failure to include the hashtag #BroomChatSweepstakes or the Entry was deleted prior to DM; [4] failure of DM due to potential Winner's Account settings or deactivation of a potential Winner's Account prior to DM; [5] a potential Winner's failure to respond to DM within twenty four (24) hours after its transmission; [6] the return of a DM as undeliverable; [7] a potential Winner's failure to provide Sponsor with satisfactory proof of age, identity and residency; [8] a potential Winner's failure to provide any required additional information upon Sponsor's and/or Administrator's request including, without limitation, any applicable tax forms [9] a potential Winner's failure to validly claim prize by November 12, 2024, and [10] any other non-compliance with these Rules. In the event of any prize forfeiture, the Administrator may, in its sole discretion, award or not award the forfeited prize to an alternate Winner.
All federal, state and local taxes (including but not limited to income and withholding taxes), sales taxes on or connected with the Prize (as defined below), and the reporting consequences thereof, are solely the responsibility of the Winner(s).
8. PRIZES / APPROXIMATE RETAIL VALUE ("ARV"): A total of five (5) Prizes will be awarded. Each Prize consists of 31 Nights of Halloween theme prize pack items. Each Prize ARV: up to $599. The exact items (including color, size and style) in each Prize shall be determined at Sponsor's sole discretion. Limit one (1) Prize per household. ARV of all Prizes: $2,995.
All expenses not specifically mentioned herein are not included and are solely the Winner's responsibility. If the actual value of the Prize is less than the stated ARV, the difference will not be awarded. Any depiction of the Prize is for illustrative purposes only and may not reflect actual Prize won. Sponsor is not responsible for any food allergies. Prize is not redeemable for cash or transferable, except to a surviving spouse residing in the same household. No substitution allowed except, at Administrator's sole discretion, a Prize of equal or greater value may be substituted. Sponsor will not replace any lost, mutilated or stolen Prize elements. Prize elements may not be separated. The Prize cannot be used in conjunction with any other promotion or offer. Prize will be awarded provided a sufficient number of eligible Entries are received and Prize is validly claimed by November 12, 2024, after which date no alternate Winners will be selected, nor unclaimed Prize awarded.
9. PRIVACY POLICY/DATA COLLECTION: All personal information provided by you for this Sweepstakes is subject to Sponsor's privacy policy located at https://disneyprivacycenter.com ("Privacy Policy").
10. CONDITIONS: By entering this Sweepstakes and/or accepting the Prize you may win, you agree that: [a] you have all rights, permissions and consents necessary to grant the rights to Sponsor as expressed herein; [b] you will abide by and be bound by these Rules, the Sponsor's and/or Administrator's decisions, which are final and binding, and Sponsor's Privacy Policy; [c] the Entry becomes solely the Sponsor's property and will not be acknowledged or returned; [d] you release and hold harmless the Releasees from any and all liability for claims, injuries, losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of the Prize; participation in the Sweepstakes or any Sweepstakes-related activity or travel or from any interaction with, or downloading of, computer Sweepstakes information; [e] Prize is awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose); [f] a Winner's acceptance of the Prize constitutes the grant and assignment to Sponsor of an unconditional right to use that Winner's name, address (city and state only), voice, likeness, photograph, biographical and Prize information and/or statements/comments about the Sweepstakes for any programming, publicity, advertising and promotional purposes without additional compensation, except where prohibited by law; [g] in the event viruses, bugs, unauthorized human intervention, Acts of God, pandemics, acts or regulations of any governmental or supra-national authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or other matters (a "Force Majeure") beyond the Sponsor's and/or Administrator's reasonable control, corrupt, prevent or impair the administration, security, fairness or proper play of the Sweepstakes or the fulfillment dates of the Prize, so that it cannot be conducted as originally planned, Sponsor and/or Administrator has the right, in their sole discretion, to modify the Rules or to cancel, modify, terminate or suspend the Sweepstakes, and in such event, to select any potential Winner by such method as Sponsor and/or Administrator in their sole discretion shall consider equitable; [h] the Releasees are not responsible for typographical or other errors in the offer or administration of this Sweepstakes, including but not limited to: human error, errors in the advertising, Rules, changes to any Instagram® function that may interfere with the Sweepstakes and selection and announcement of the Winner(s); [i] any portion of the Prize not accepted or used by the Winner(s) will be forfeited; [j] the Releasees are not responsible for any inability of a potential Winner(s) to accept or use the Prize (or any portion thereof) for any reason; [k] the Sponsor has the right, at any time and at its sole discretion, to disqualify any individual it suspects to be doing any of the following: (i) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or the Website; (ii) violating the Rules; (iii) violating the terms of service, Privacy Policy or other terms, conditions of use and/or general rules or guidelines of any Sweepstakes property or service; (iv) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or (v) for any other good cause as determined solely by the Sponsor; [l] Sponsor has the right to lock out an entrant whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter the Sweepstakes; [m] since any attempt by any individual to damage the Website or undermine the legitimate operation of this Sweepstakes or the Website is a violation of these Rules as well as criminal and civil laws, and should Sponsor believe or become aware that such an attempt has been, is being, or will be made, it has the right to seek remedies and damages from any responsible individuals to the fullest extent permitted by law, including without limitation criminal prosecution; [n] all disputes, claims and causes of action at law or in equity (individually, "Claim") arising out of or relating to this Sweepstakes, the meaning or interpretation of the Rules or the Prize awarded shall be resolved by applying the laws of California, without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in the state or federal courts within that state; [o] any and all Claims shall be resolved individually, without resort to any form of class action; [p] all Claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event include attorneys' fees, and under no circumstances will any entrant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses and waives all rights to have damages multiplied or otherwise increased; [q] Sponsor has the right to modify Prize award procedures at its sole discretion; [r] the Releasees are not responsible for the cancellation, postponement or unavailability of the Prize, and if such occurs, the Prize may be substituted with a Prize of equal or greater value. [s] a Winner's acceptance of a Prize constitutes the grant of an unconditional right to Sponsor and assigns to photograph, film, or otherwise capture the fulfillment of the Prize ("Fulfillment Film"), and Sponsor shall have the unconditional right to reproduce, distribute, display, exhibit, transmit, broadcast, stream, synchronize with visual material, modify, amend, create derivative works, and otherwise use and permit others to use the Fulfillment Film throughout the universe in any and all media now known or hereafter devised, in all languages and in all versions, in perpetuity, without compensation, except where prohibited by law; [t] Sponsor's use of the Fulfillment Film will not give rise to any claims of infringement, invasion of privacy, defamation or claims for performance or payment of any kind, including but not limited to payment of re-use fees, residuals or license fees; [u] Sponsor shall have the right to make such changes to the Fulfillment Film and make such uses thereof as it deems necessary or desirable, including but not limited to the right to use, edit, and reproduce and/or alter said Fulfillment Film in perpetuity, in its entirety or in part, for any commercial and promotional purposes worldwide without any consultation or additional permission, or compensation, credit or attribution, and [v] Prize cannot be sold.
11. REQUIREMENTS FOR ENTRIES:
(a) LIMITED LICENSE: You may use Sponsor's Marks (i.e. Sponsor's products, logos, trademarks, etc.) for purposes of this Sweepstakes only. No other rights in or to Sponsor's Marks are granted hereunder.
(b) The contents of the Entry must not infringe third-party rights by including, for example, the copyrights, trademarks, logos or products (such as company names, labels or symbols other than Sponsor's Marks, to the extent permitted hereunder) or images that have been created, distributed, aired or published by others, such as those on or in websites, television, movies, or other media outlets. No names and/or likenesses of any persons other than the Entrant (except for friend's Instagram® username as required for Entry) may be included in the Entry. The Entry may not refer to public figures or contain materials embodying the names, likenesses, photographs or contain other identifying elements of any person, living, or dead, in each case, without appropriate prior permission.
(c) Entry must be your original creation, unpublished, and not previously submitted in any other promotion. Modifying, enhancing or altering a third-party's preexisting work does not qualify as your original creation.
(d) You agree to grant to Sponsor a non-exclusive, irrevocable, royalty-free, sublicenseable and transferable worldwide license, for any commercial and promotional purposes (without any consultation or additional permission, or compensation, credit or attribution) to use, re-use, reproduce, transmit, display, distribute, re-distribute, copy, store, modify, edit, adapt, translate, create derivative works based upon the Entry, in whole or in part, in all media, formats and channels now known or hereafter devised, for the duration of the rights in each country, area and space, and throughout the universe, in perpetuity and in all languages, formats and versions.
(e) If your Entry includes, uses and/or features Disney IP, or Freeform IP, Sponsor grants you a non-exclusive license to create the Entry using Disney IP, or Freeform IP for the purposes of creating an Entry for this Sweepstakes only, provided that such license shall be conditioned upon your assignment to Sponsor of all rights into the Entry (if such rights are not assigned to Sponsor, your license to create the Entry using Disney IP, or Freeform IP shall be null and void).
(f) There may be only one (1) named Entrant for each Entry submitted, regardless of the number of persons who may have contributed to the creation of the Entry.
12. CONTENT RESTRICTIONS: Content that may NOT be contained in an Entry includes, but is not limited to, the following:
(a) with the exception of when an Address is requested for purposes of contacting a potential Winner, any content providing personally identifiable information about yourself or any third parties, such as last name, address, phone number or any contact information;
(b) content in violation of third-party rights including, but not limited to: copyrights, trademark, right of publicity or any other proprietary rights;
(c) content that is libelous, defamatory, disparaging or tortious;
(d) content that is pornographic, adult-oriented or sexually-explicit;
(e) content portraying or referring to lotteries or gambling;
(f) content portraying or including explicit or offensive language;
(g) content portraying or advocating violence;
(h) with the exception of any Freeform content, content portraying or referring to people or characters from movies/shows, etc.;
(i) content portraying or advocating discrimination;
(j) content portraying or advocating illegal activities;
(k) content portraying or advocating tobacco, alcohol or drugs;
(l) content portraying or advocating dangerous stunts;
(m) content portraying or referring to weapons of any kind including, but not limited to, guns or bombs;
(n) content that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any basis protected by federal, state, or local law, ordinance, or regulation; and
(o) content that denigrates, disparages or reflects negatively on the Sponsor, its products or its employees, or on any other person, company, product or service, or that disparages Sponsor's competitors.
If an Entry includes any of the prohibited elements listed above, the Entry will be disqualified, along with the Entrant who submitted it.
The above list is not intended to be exhaustive; Sponsor may disqualify any Entry if it contains any element that Sponsor deems, in its sole discretion, to be offensive or obscene in any way or to not be in compliance with the Rules.
Sponsor reserves the right to post any Entry submitted in this Sweepstakes on its web site, on any other web site controlled by Sponsor, and on social media. By submitting an Entry, you hereby agree to grant the rights granted herein in and to the Entry to Sponsor, its affiliates and agents, and forever release and hold Releasees, Instagram® and their respective affiliates and subsidiaries, and the officers, directors and employees of each of the foregoing, harmless from and against any liability of any kind arising from or in connection with any use of the Entry. By submitting an Entry, you agree that your submission is gratuitous, unsolicited and without restriction, and will not place Sponsor under any obligations other than those contained in these Rules, and that Sponsor is free to disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any compensation to you. You further acknowledge that Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you. By submitting an Entry, you hereby warrant and represent that you have not included any restricted content (see list of content restrictions above) in the Entry and have not violated any of the requirements for Entries listed above.
You acknowledge and agree that you will not now or in the future be paid or compensated in any way for your Entry or for granting the Sponsor any of the rights set out in these Rules, and that Sponsor is not obligated to make use of any of the rights granted in these Rules.
13. WINNERS' LIST AND/OR RULES: For a copy of the Rules and/or the name of the Winners (after November 12, 2024 and before December 10, 2024), send a separate, stamped, self-addressed envelope to: 31 Nights of Halloween Broom Chat Sweepstakes Winners/Rules Requests, c/o Ventura Associates, Ref: WG, 494 Eighth Avenue, Suite 1700, New York, NY 10001, designating either Winners' list or Rules.
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