Instagram Contest Terms & Conditions
Official Rules for J.W. Pepper Holiday Giveaway 2019 on Instagram
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED FOR THE APPLICABLE SWEEPSTAKES. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION.
By participating in the J.W. Pepper Holiday Giveaway 2019 between 11/29/2019 and 12/16/2019 (the “Sweepstakes”) promoted by @jwpeppermusic (the “Official Instagram Account”), you agree to these Official Rules, which are a contract. This sweepstakes is created and sponsored by J.W. Pepper & Son, Inc., (the “Sponsor”). Without limitation, this contract includes indemnities to the Released Parties (defined below) from you and a limitation of your rights and remedies. You must follow the directions provided by the Official Instagram Account and otherwise be bound by and follow these Official Rules to be eligible to receive a prize in connection with the Sweepstakes.
For the purposes of this contest, “Music Director” is defined as an individual leading a musical ensemble at an educational institution, community group or church.
1. ELIGIBILITY: The Sweepstakes is open only to individuals who (a) are legal residents of the United States, (b) are eighteen (18) years of age or older by the date of the first entry, and (c) are a Music Directors as defined above.
The Sponsor in its discretion may require a person who submits an entry (“Participant”) to provide verification of eligibility. Current or former employees, officers, directors, and contractors of J.W. Pepper & Son, Inc. and anyone involved in the administration of The Sweepstakes, and any member of the immediate family (i.e., a parent, sibling, child or grandchild) or household of any of the foregoing individuals are not eligible to enter or win the Sweepstakes.
Odds of winning will depend on the total number of entries received for The Sweepstakes. The Sweepstakes is subject to all applicable federal, provincial, state, territory and local laws, rules and regulations.
2. HOW TO ENTER: The Sweepstakes begins at 12:01 AM Eastern Standard Time (“EST”) on 11/29/2019 and ends at 11:59 PM EST on 12/16/2019 (the “Entry Period“). You may enter the Sweepstakes by Instagram, and no other method of entry will be accepted.
Instagram: To enter the Sweepstakes via Instagram, you must have a valid, public (i.e. not “private” or “protected”) Instagram account and follow the Official Instagram Account. If you do not have an Instagram account, visit www.instagram.com and register in accordance with the enrollment instructions for a free Instagram account. To enter the Sweepstakes via Instagram:
1. Follow @jwpeppermusic on Instagram;
2. Upload to Instagram an original photograph of yourself holding your favorite holiday sheet music you will be performing or have performed this year, with the cover displayed.
3. Tag @jwpeppermusic and use the hashtag #JWPGiveaway2019 in the caption or comment section of the photograph.
Participants are limited to a single entry per account. By tagging our Instagram account @jwpeppermusic and using the hashtag #JWPGiveaway2019 to submit an entry, you warrant and represent that your entry photograph is original and does not infringe the intellectual property rights of any third party, you own or have the necessary licenses, rights, consents, and permissions to publish and exploit the entry photograph, and the entry is not made for any improper purpose such as to intimidate or harass any individual or to ridicule, disparage, or embarrass J.W. Pepper & Son, Inc.
No entry shall contain any language or imagery which J.W. Pepper & Son, Inc. deems, in its sole and absolute discretion, to be inappropriate, indecent, obscene, hateful, tortious, defamatory, or that promotes discrimination on the basis of race, gender, religion, nationality, disability, sexual orientation, or age. J.W. Pepper & Son, Inc. reserves the right, in its sole discretion, to disqualify any entry that contains any such language or imagery or which otherwise may be in violation of any law. Late, incomplete and/or inaccurate entries and entries not complying with all Official Rules are subject to disqualification. Any form of automated entry, including by the use of macros, scripts or bots, will be disqualified.
3. JUDGING CRITERIA: All Entries will be judged by J.W. Pepper & Son, Inc. personnel, to be selected by J.W. Pepper & Son, Inc. at its sole discretion. J.W. Pepper & Son, Inc. shall select winners at random. Selections are final and binding.
4. WINNER NOTIFICATION, REQUIREMENTS, AND GRANT OF RIGHTS: J.W. Pepper & Son, Inc., using the @jwpeppermusic Instagram account, will notify the winners via direct message to the potential winner’s Instagram account (in the sole discretion of the Sponsor) provided at the time of entry (the “Prize Notification”). To claim the prize, winners must respond to the Notification by replying to the direct message from @jwpeppermusic on Instagram by 11:59 pm EST on January 10, 2020 and will be required to privately (through Instagram direct message, email, or other secure, private means) provide the winner’s full legal name, home address, email address, and other personal information necessary to receive the prize.
J.W. Pepper & Son, Inc. may in its discretion announce the name of the potential winner on the Official Instagram Account, on www.jwpepper.com or in other forms of communication. The receipt by any winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations.
ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT THE SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
5. PRIZES: There shall be three (3) prizes awarded during the Entry Period (the “Prize”) consisting of one gift card to www.jwpepper.com in the amount of $500.00, one gift card to www.jwpepper.com in the amount of $250.00, and one voucher for free shipping on sheet music from www.jwpepper.com. No cash or other prize substitutions are permitted except at the Sponsor’s sole discretion. The prize is nontransferable. Any and all prize related expenses, including, without limitation, any and all federal, state, and/or local taxes shall be the sole responsibility of each winner. Gift cards and shipping voucher shall be subject to the terms and conditions delivered with the prizes. Winners will be announced December 20th, 2019 and all prizes will be delivered to the winners by mail.
6. LIMITATION OF LIABILITY: By entering, each Participant agrees to and hold harmless J.W. Pepper & Son, Inc. and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors (all of the foregoing, the “Sponsor Parties”) from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such Participant’s participation in the Sweepstakes and/or his or her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited any loss or damage to any entry, (iii) the malfunctioning of any computer, cable, network, hardware or software; (iv) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (v) unauthorized human intervention in any part of the entry process or The Sweepstakes; (vi) electronic or human error which may occur in the administration of the Sweepstakes or the processing of Entries; to the maximum extent allowed by law. Some jurisdictions may not permit certain liability limitations or waivers. If any court determines the law of such a jurisdiction applies, our liability shall be limited to the greatest extent permitted by law.
7. ALL DECISIONS FINAL: All decisions of Sponsor are final and binding in all respects.
8. DISPUTES: THE SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE COMMONWEALTH OF PENNSYLVANIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in the Sweepstakes, to the fullest extent allowed by law, Participant agrees that any and all disputes, claims, causes of action, or controversies arising out of or in connection with the Sweepstakes, shall be resolved in arbitration individually and without resort to collective, class, or aggregate action, as set forth in the Terms and Conditions of the jwpepper.com website. By registering and/or submitting an Entry, each Participant irrevocably waives, to the greatest extent allowed by law, any right to seek and/or obtain rescission and/or equitable and/or injunctive relief. Further, in any such dispute, under no circumstances will Participant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than Participant’s actual out-of-pocket expenses (i.e. costs associated with entering the Sweepstakes), and Participant further waives all rights to have damages multiplied or increased.
9. GENERAL TERMS AND CONDITIONS: All federal, state, and local laws and regulations apply, and the Sweepstakes is void where prohibited. J.W. Pepper & Son, Inc. reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes should (in its sole discretion) a virus, bug, unauthorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, J.W. Pepper & Son, Inc. may select the recipients from all eligible Entries received prior to and/or after (if appropriate) the action taken by J.W. Pepper & Son, Inc. J.W. Pepper & Son, Inc. reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or who violates these Sweepstakes Rules.
10. DISCLAIMER: The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram, and in no instance shall Instagram and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors (all of the foregoing, the “Instagram Parties”) be liable for any disputes, claims, causes of action or controversies arising out of or in connection with the Sweepstakes.
WAIVER OF LIABILITY/PUBLICITY RELEASE: By participating in the Sweepstakes and submitting an entry, each entrant agrees to (i) be bound by these Official Rules, including all entry requirements, and (ii) waive any and all claims against the Sponsor and each of their respective parents, affiliated companies, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the applicable Sweepstakes, and all of their respective officers, directors, employees, agents and representatives (collectively, “Released Parties”) for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the participation in the applicable Sweepstakes or from the receipt or use of any Prize (or any portion thereof) or any travel or activity related to the receipt or use of any Prize (or any portion thereof). By entering the Sweepstakes, each entrant gives his/her express permission to be contacted by the Sponsor by telephone, email and/or postal mail for Sweepstakes purposes. Each winner, by acceptance of the Prize, grants to Sponsor and each of their designees the right to publicize such winner’s name, address (city and state/territory/province of residence), photograph, voice, statements and/or other likeness and prize information for advertising, promotional, trade and/or any other purpose in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law.
SPONSOR: The Sponsor of this Sweepstakes is J.W. Pepper & Son, Inc., 191 Sheree Blvd., Exton, Pennsylvania 19341. All rights reserved.