NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING
1. Eligibility: RuffleButts Instagram Contest (the “Contest”) is open only to legal residents of the fifty (50) United States (including the District of Columbia), Canada (excluding Quebec), and the United Kingdom who are at least eighteen (18) years old at the time of entry. Employees of RuffleButts, Inc., as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, provincial, municipal, territorial and local laws and regulations and is void in Quebec and where prohibited.
2. Administrator: RuffleButts, Inc., 4055 Corporate Drive Ste. 200, Grapevine, TX U.S.A.
3. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Administrator’s decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Timing: We reserve the right to end this contest at any given time.
5. How to Enter: During the Submission Phase, use the Instagram application on your mobile device to post one (1) original photo of your favorite RuffleButts/RuggedButts item (your "Submission"). Upload your Submission and include the hashtags #ruffles4free and #rufflebutts (for RuffleButts) and #rugged4free and #ruggedbutts (for RuggedButts) in the “caption” field. Any Submission that does not include the #ruffles4free and #rufflebutts (or) #rugged4free and #ruggedbutts will not be considered for entry into the Contest. In order for your entry to be valid, your Instagram profile must be public and thus viewable by the Administrator and its agents. Posting a photo on Instagram requires a mobile device and therefore message and data rates may apply.
6. Guidelines and Restrictions: By uploading your Submission, you agree that your Submission conforms to the Photo Guidelines, Content Restrictions, Limit, and Permissions, as defined below (collectively, the “Guidelines and Restrictions”) and that Administrator, in its sole discretion, may disqualify you from the Contest if it believes that your Submission fails to conform to the Guidelines and Restrictions.
- The Submission must be in a format acceptable for Instagram;
- The Submission must be uploaded to Instagram with the, #ruffles4free and #rufflebutts hashtags (for RuffleButts) and #rugged4free and #ruggedbutts (for RuggedButts).
- The Submission cannot have been submitted previously in a promotion of any kind.
- The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- The Submission must not disparage Administrator, Administrator or any other person or party affiliated with the Contest;
- The Submission must not contain brand names or trademarks other than those owned by Administrator, which entrant has a limited license to use to incorporate in his/her Submission in this Contest;
- The Submission must not contain images or artwork not created by entrant;
- The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous or libelous;
- The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
- The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Submission is created.
Limit: Each entrant may upload three (3) Submissions per day during the Submission Phase. Submissions received from any person or email address in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void.
Permissions: Entrant must have permission from all individuals that appear in the Submission (if any) to use their name and likeness in the Submission and to grant the rights set forth herein. If requested, entrant must be able to provide such permissions in a form acceptable to Administrator.
7. Grant of License: Uploading a Submission constitutes entrant’s consent to give Administrator 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 Administrator or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Released Parties (as defined in Section 11, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void. In the event of a dispute as to any Submission, the authorized account holder of the email address used to register will be deemed to be the entrant and must comply with these Official Rules. 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 for the domain associated with the submitted address. Each entrant may be required to show proof of being an authorized account holder.
8. Winner Determination: During the Judging Phase, a panel of qualified judges determined by Administrator in its sole discretion will select one (1) entrant with the highest-scoring Submissions, the potential Grand Prize winners, from among all eligible Submissions based on the following criteria (“Judging Criteria”): Creativity/Originality (33%);• Quality of Submission (33%); and• Fit to Contest Theme (34%)• In the event of a tie, the entrant whose Submission received the highest score for Fit to Contest Theme, as determined by the qualified judges, in their sole discretion, will be deemed the applicable winner.
9. Winner Requirements: Potential winners will be notified via Instagram of their winnings. Except where prohibited, each potential Grand Prize winner (parent/legal guardian if a minor in his/her place of residence) will be required to contact us within 72 hours of winning in order to claim his/her prize. If a potential winner cannot be contacted, fails to execute and contact us within seventy-two (72) hours of win notification or provide any other requested information within the required time period (if applicable), does not comply with these Official Rules, or prize is returned as undeliverable, potential winner forfeits the prize. If the potential winner is disqualified for any reason, the prize may be awarded to a runner-up determined by the judges, in Administrator’s sole discretion. Only three (3) alternate winners may be determined, after which the applicable prize will remain un-awarded. Acceptance of any prize shall constitute and signify the winner’s agreement and consent that Administrator and its designees may use the winner’s name, city, state, likeness, photo, Submission and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, the winners shall irrevocably grant, transfer, convey and assign to Administrator the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. The winners accept and acknowledge that Administrator shall not be obligated to use the Submission and that Administrator in its sole discretion shall have the right to refrain from using the Submission. Administrator shall not incur any liability whatsoever to the extent Administrator chooses to refrain from any exploitation of its rights hereunder. The winner will indemnify Administrator, Released Parties (as defined in Section 11, below) and any licensee of Administrator against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.
10. Prizes: ONE (1) GRAND PRIZE: A $50 USD RuffleButts gift card. Terms and conditions of gift cards apply. Approximate Retail Value: $50 USD. Terms and conditions of gift cards apply. Prizes are non-transferable and no substitution will be made except as provided herein at the Administrator’s sole discretion. Administrator 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. Limit: One (1) prize per person.
11. Release: By receipt of any prize, winners agree to release and hold harmless the Administrator, Administrator and their respective parent companies, 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, arising out of participation in the Contest or receipt or use or misuse of any prize.
12. General Conditions: Administrator reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest, as determined by Administrator in its sole discretion. If terminated Administrator may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Administrator, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Administrator reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
13. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (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 Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (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 Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission.
14. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Northern District of Texas or the appropriate Texas state court located in Tarrant County, Texas; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforce-ability of these Official Rules, or the rights and obligations of the entrant and Administrator in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Texas without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.