Happify's #HappifyIt Sweepstakes: Official Rules
HAPPIFY #HAPPIFYIT SWEEPSTAKES
Official Sweepstakes Rules
NO PURCHASE NECESSARY to enter or win. Making a purchase will not increase your chances of winning. Void where prohibited by law.
WHO MAY ENTER: This Sweepstakes is open to any natural person who (i) is 18 years old or older, (ii) has the required legal capacity to consent, (iii) is a resident of the United States of America or Canada, and (iii) is a lawful user of Instagram or Twitter, with Internet access at the time of entry. The following persons are not eligible to enter the Sweepstakes: (a) employees of Happify Inc., and any affiliates and subsidiaries (the “Sponsor”), (b) employees of any organizations directly involved with this Sweepstakes, and (c) immediate family members and persons living in the same household as the persons identified in (a) or (b) above.
SWEEPSTAKES PERIOD: Entries must be submitted between June 21st, 2015 and no later than 11:59 PM Eastern Standard Time on June 30th, 2015 (the “Sweepstakes Period”).
HOW TO ENTER:
Sponsor reserves the right to publicize the Sweepstakes through its Happify web pages and its blogs and profiles in social networks (collectively, the “Web Media”).
ALTERNATIVE ENTRY: You can also enter the Sweepstakes by emailing your photo to email@example.com with the subject line “Happify’s #HappifyIt sweepstakes. Happify will respond with a URL to submit your details via an entry form. Click on the URL and complete the form to submit your entry.
Limit one (1) entry per person and one (1) prize per person.
Entries must comply with the following content guidelines to be eligible.
Entries may not:
• Be sexually explicit or suggestive, profane or pornographic, or contain nudity;
• Be offensive or derogatory on the basis of ethnicity, race, gender, religion or sexual orientation,
• Promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any political agenda or message;
• Defame, misrepresent or contain disparaging remarks about the Sponsor, or any other companies or persons;
• Include any personally identifying information, including, but not limited to, license plate numbers, personal names, likenesses, photographs, e-mail addresses, or street addresses or other indicia identifying any person, living or dead, without that person’s permission;
• Contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) as determined by Sponsor;
• Communicate messages or images inconsistent with the positive images and/or goodwill with which Sponsor wishes to associate;
• Depict or otherwise identify a minor unless a parent or legal guardian of the minor is the Entrant.
• Otherwise depict any unlawful act.
You are submitting a Photo as a condition to entering this Sweepstakes. The Photo must be taken by you and/or approved by you, it must be original, that is, is not copied from any other work, and must not infringe upon the rights of any third party. If the Photo was created by a third party (“Third Party Participant”), you own all rights, title and interest to said Photo which is part of your Entry, and you are entitled to grant the rights granted herein to Sponsor. Each Entry must not have been previously published and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Entry contains any material or elements that are not owned by the Entrant and/or which are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from the Entrant. By submitting the Entry, Entrant: 1) warrants and represents that he/she consents to the submission and use of the Entry as stated herein; 2) agrees that Sponsor has no obligation to post or publish an Entrant's Entry, and any postings or publication will be in Sponsor’s sole discretion; and 3) agrees that the posting or publication of an Entry does not guarantee that the Entry will be selected as a winner.
Prizes: There will be five (5) winners and one (1) grand prize winner. Five (5) winners will receive a $100 gift card. Each prize has an approximate value of One Hundred Dollars ($100). One (1) grand prize winner will receive a $500 gift card and one-year membership to Happify Plus. The grand prize has an approximate value of One Thousand and Ninety Dollars ($1,090) Prizes are non-transferable and cannot be redeemed for cash. The odds of winning will depend upon the number of valid entries received.
Awarding Prizes: Prize winners will be determined at the close of the Sweepstakes Period and winners will be contacted by Happify via the Instagram, Twitter or email address supplied during entry. Prize winners will be selected on July 1st, 2015. Winners will be selected at random. All valid Entrants will be identified and winners will be selected by a random number generator. The decision of the Sponsor is final. Winners may be asked to provide written electronic consent to use of their user name, photo and likeness at the time of notification.
Claiming prize: Prize winners must accept the Prize within seven (7) days following notification that Entrant is one of the prize winners. The failure of a winning Entrant to respond, or to respond satisfactorily, to the prize notification within such seven-day period entitles Sponsor to award such Prize to another Entrant.
Use of Sweepstakes Data: Sponsor will use the photograph and user name provided by Entrants for the purposes of implementing, conducting and managing the Sweepstakes. Entrants are cautioned that participation is limited to natural persons 18 years old or older, therefore Sponsor reserves the right to ask Entrants, at any time, to provide evidence that they are 18 years old or older. Likewise, Entrants authorize the processing and disclosure of certain personal data, including disclosure of their user names and image on the Internet through the Web Media for the purposes of implementing, promoting, managing and commercially exploiting the results of the Sweepstakes. Entrants expressly accept that their user name and entry shall be processed for the purposes herein described, including –where necessary for the purposes of implementing, promoting and managing the Sweepstakes– the disclosure or transfer of such personal data to other companies related to the fulfillment of the Sweepstakes.
By accepting the prize, each winner consents to Sponsor’s use of his or her user name, photograph and/or likeness, and statements made by or attributed to the winner, in perpetuity, in any and all media now known or hereafter developed for all business purposes without additional compensation, except to the extent prohibited by law. The authorized account holder of the Instagram, Twitter or email account used to enter the Sweepstakes at the time of entry will be deemed to be the participant and must comply with these rules in the event of a dispute as to entries submitted by multiple users having the same e-mail account. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. If a dispute cannot be resolved to our satisfaction, the affected entry will be deemed ineligible. Sponsor’s address is 584 Broadway, Suite 1206, New York, NY 10012.
Limitation of Liability: Except where prohibited by law, by entering this Sweepstakes, Entrants release and hold harmless Sponsor, its owners, directors, officers, employees and agents from any and all liability or any injuries, loss or damage of any kind arising from or in connection with this Sweepstakes or acceptance or use of any prize won. The Sweepstakes is subject to all applicable federal, state and local laws and regulations and is void where prohibited by law. If any provision of these Rules is found by any court of competent jurisdiction to be unenforceable, all other provisions will remain in full force and effect.
Release: Sponsor, and its owners, directors, officers, employees and agents (the “Released Parties”) are not responsible for incorrect or inaccurate transfer of entry information, human error, technical malfunction, lost/delayed data transmissions, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software or any combination thereof, inability to access web sites, damage to a user’s computer system (hardware and/or software) due to participation in this Sweepstakes or any other problem or error that may occur, or for late, lost, inaccurate, incomplete, stolen, misdirected, mechanically reproduced, or illegible entries. Entries submitted using any kind of robotic, programmed or other similar automated technology will be void.
Right to cancel Sweepstakes: Sponsor may, at any time and to the maximum extent permitted by applicable law and in Sponsor’s sole discretion, cancel, terminate, modify or suspend this Sweepstakes. The Sponsor reserves the right in its sole discretion to disqualify any individual who attempts to interfere or tamper with the entry process.
Not Affiliated with Instagram or Twitter: This Sweepstakes is not sponsored, endorsed, administered or associated in any manner whatsoever with Instagram or Twitter. By entering this Sweepstakes, Entrants acknowledge that neither Instagram nor Twitter shall have any legal responsibility or liability to Entrants. The information provided by the Entrants within the scope of this Sweepstakes is not provided to Instagram or Twitter.
Choice of Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants and Sponsor in connection with this Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of New York.