Focus Features #DareToLive Instagram Sweepstakes
Help us celebrate the release of DALLAS BUYERS CLUB, in which Matthew McConaughey captures the daring spirit of real-life rodeo cowboy and activist Ron Woodroof. Show us YOUR most daring moments on Instagram for a chance to win $250 and ten Focus Features films on Blu-ray.
NO PURCHASE, PAYMENT OR UPLOADING PHOTO IS NECESSARY TO ENTER OR WIN. A PURCHASE, PAYMENT OR UPLOADING PHOTO WILL NOT IMPROVE YOUR CHANCES OF WINNING.
SWEEPSTAKES ENTRY PERIOD & SPONSOR:
The Focus Features “#DareToLive INSTAGRAM SWEEPSTAKES” (“Sweepstakes”) promoting the motion picture “Dallas Buyers Club” (the “Picture”) starts at 12:01 am Eastern Time (“ET”) on 11/1/13 and ends at 11:59 pm ET on 12/31/13 (“Photo Entry Period”) for submission of Photo Entry (as defined below) and on 1/2/14 for the postmarking of a mail-in entry; with both methods of entry detailed below. The sponsor of the Sweepstakes is Focus Features LLC, 65 Bleecker Street, Third Floor, New York, NY 10012 (the “Sponsor”). The Sweepstakes is subject to these Sweepstakes Official Rules (the “Official Rules”), and by entering, entrant agrees to be bound by them.
Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia (“Eligibility Area”), who as of the date of their entry into the Sweepstakes are seventeen (17) years of age or older. Employees and their immediate family members (spouses, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren) of Sponsor, West Coast Marketing, a division of the Susquehanna Hat Company (“West Coast Marketing”), their respective officers, directors, affiliates, subsidiaries, parent companies, and advertising and promotion agencies (collectively, the “Promotion Parties”) and those living in the household of same (whether legally related or not) are not eligible to enter or win. A prize won by an individual considered a minor in his or her state of legal residency (“Minor”) will be awarded in the name of Minor’s parent or legal guardian. Sweepstakes is void outside the Eligibility Area and wherever prohibited or restricted by law.
HOW TO ENTER:
There are two (2) ways to enter the Sweepstakes; either by submitting a Photo Entry or without submitting a Photo Entry, by mail. Details of entry are as follows:
How to Enter by Submitting a Photo: You must have an Instagram account in order to participate in the Sweepstakes via this method of entry. An Instagram account is free, and registration for Instagram can be obtained by downloading the Instagram app (“App”) and following the onscreen instructions to open an account.
During the Photo Entry Period Instagram account holders may enter by logging in to their Instagram account and doing the following:
1. Become a “follower” of @focusfeatures on Instagram. Important note: If your Instagram account is set to “protected mode” your updates/responses may not be visible in Sponsor’s @focusfeatures account, and thus may not be received by Sponsor unless you have previously consented to permit Sponsor to see your Instagram updates. Before entering the Sweepstakes via this method, the “Photos Are Private” option in the account settings on your Instagram account must be set to “OFF”. Messages not received by Sponsor will not be entered into the Sweepstakes.
2. Take a Photo (“Photo”) which demonstrates how you “Dare To Live” (Note: Photos will not be judged in any way.)
3. Upload your Photo to your Instagram account, using hashtag #DareToLive.
By completing the foregoing during the Photo Entry Period you will be entered into the Sweepstakes (each such entry referred to as a “Photo Entry”).
Any attempt by any participant to enter by using multiple/different Instagram accounts, email addresses, identities, registrations and logins, or any other methods will void that participant’s Entries (defined below) and that participant may be disqualified, at the sole discretion of Sponsor. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Photo Entries, which will be disqualified. In the event of a dispute regarding who submitted a Photo Entry, the Photo Entry will be deemed submitted by the authorized account holder of the email address connected with the Instagram account from which the Photo Entry was sent. “Authorized account holder” is defined as the natural person who is assigned to an email address by the Internet access provider, online 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. No automatically generated Photo Entries will be accepted.
How to Enter by Mail Without Submitting a Photo: To enter without submitting a Photo Entry (as detailed above), complete an “entry form” by hand printing your actual first and last name and residential address (as they appear on your driver’s license or governmental identification) (no P.O. boxes), telephone number, email address and date of birth on a 3” x 5” card, insert in an envelope, affix first class postage and deposit in the U.S. mail to “#DareToLIve INSTAGRAM SWEEPSTAKES”, PO Box 6041, Sherman Oaks, CA 91413. Entry forms must be legible and completed in full to be valid. Machine duplicated or reproduced entries will not be accepted. Only one (1) individual’s name may be on each entry form and only one (1) entry form per envelope. By submitting the entry form as detailed herein, you will receive one (1) mail-in entry (“Mail-In Entry). Not responsible for lost, late, stolen, damaged, misdirected, illegible, postage-due mail or human or other error that may occur in the receipt or processing of Mail-In Entries. All Mail-In Entries become property of Sponsor and will not be returned. Mail-In Entries must be postmarked by 1/2/14 and received by 1/7/14.
Photo Entries and Mail-In Entries may be referred to herein individually as an “Entry” and collectively as “Entries”. Each individual submitting an Entry may be referred to as an “Entrant”.
A total of one (1) entry per Entrant will be accepted for the duration of the Sweepstakes, regardless of method(s).
To understand how Instagram™ utilizes and keeps user content and photos, please refer to their “Privacy & Safety” web page here: http://help.instagram.com/customer/portal/topics/43528-privacy-safety/articles. Please note: This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram. Instagram is a registered trademark, which is herein used for purposes of prize description only. Such use is not intended to suggest or imply the sponsorship, endorsement, or the approval of this Sweepstakes by the owners of said trademarks.
I. Photo Entry Requirements:
- Entrants agree to and understand that Photo Entries will be made available to the public, including without limitation, posting on the Internet. Whether or not Photo Entries are published on the Internet, Sponsor does not covenant or guarantee any confidentiality with respect to any Photo Entries.
- Each Photo Entry must be an original creation of the submitting Entrant which is under no restriction, contractual or otherwise, that will prevent Sponsor’s use of the Photo Entry and each Photo Entry must be free of any and all liens, encumbrances and claims of third parties. Entrant acknowledges, agrees and warrants that, nothing in the Photo Entry infringes on any copyrights, confidential information, trade secrets or trademarks belonging to any person or entity other than the Entrant absent a suitable license, clearance or permission agreement (proof of which is required upon submission), or violates any person's rights of privacy or publicity and that all necessary releases and permissions have been secured. Entrant agrees to indemnify and hold harmless Sponsor and its officers, directors, employees, and affiliated organizations, and their respective officers, directors, shareholders and employees, from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by Entrant of these Official Rules or the warranties and representations made by Entrant in this paragraph. Modifying, enhancing or altering a third party’s preexisting work does not qualify as Entrant’s original creation.
- By uploading the Photo Entry, the Entrant agrees, for zero compensation, to grant to Sponsor all intellectual property rights in the Photo Entry and each of its constituent parts, which rights include, without limitation, the Sponsor’s right to publish, make available to the public and/or reproduce the Photo Entry through any media available at any time during, or after, the Sweepstakes Period on any related websites, in any promotional materials, whether related or unrelated to the Sweepstakes, and at any other location, whether physical or online, that Sponsor, in its sole discretion, deems appropriate and necessary for the operation and promotion of this Sweepstakes. In addition, Entrant warrants that any so called “moral rights” in the Photo Entry have been waived and Entrant acknowledges and agrees that Sponsor may use any ideas from any Photo Entry or other submitted materials, whether or not Entrant has been awarded a prize in connection with any such Photo Entry or other materials. Entrant agrees to release, defend, indemnify and hold harmless Sponsor, its employees, directors, officers, shareholders, members, agents, subcontractors and licensees from all claims, demands and causes of action of any nature whatsoever which Entrant or Entrant’s heirs, representatives, executors, administrators, or any other persons acting on Entrant’s behalf or on behalf of Entrant’s estate, have or may have by reason of: (i) Sponsor’s exercise of any rights granted by Entrant in this paragraph; (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Sponsor’s use of the Photo Entry and any portion thereof, or the likeness of any natural person therein.
- Entrants are responsible for securing necessary permissions, talent and location releases, and licenses for any visual and audio material contained in the Photo Entries.
- Sponsor is not responsible for any expenses incurred in the production and delivery of the Photo Entries.
II. Photo Entry Content Restrictions: Photo Entries must not contain material that:
- Contains or depicts someone smoking or intoxicated;
- Violates or infringes another’s rights, including without limitation, privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- Contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Contains any unacceptable clothing or adornments, or displays any commercial/corporate advertising other than that of Sponsor (including but not limited to corporate logos, brand names, trademarks, slogans, political, personal and religious statements);
- Contains indecent or unsafe behavior or situations, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise inappropriate, indecent, profane, obscene, hateful, tortuous, slanderous or libelous;
- References persons or organizations (other than talent from the Picture) without their written permission;
- Disparages any persons or organizations;
- Includes threats to any person, place, business or group;
- Is unlawful, in violation of or contrary to any applicable federal, state, or local laws and regulations.
Failure of any Photo Entry to comply with the above “Photo Entry Requirements” and “Photo Entry Content Restrictions,” as determined by Sponsor, in its sole discretion, may result in disqualification of Entrant. Without limitation, Sponsor reserves the right in its sole discretion to disqualify any Photo Entry that, in its sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Sweepstakes or any other person or entity, does not comply with these Official Rules or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein. All Entries shall become the exclusive property of Sponsor and will not be returned. Entries must be suitable for presentation in a public forum, in sole determination of Sponsor.
The Sponsor’s database clock will be the official timekeeper for this Sweepstakes.
The Promotion Parties, Instagram, and any and all Internet server(s) and access provider(s), and each of their respective affiliates, subsidiaries, parent corporations, retailers and advertising and promotion agencies, and all of their officers, directors, shareholders, employees and agents (collectively, “Releasees”) are not responsible for: any incorrect or inaccurate entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including without limitation any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in the Sweepstakes; inability to access the Web Site or upload Photo to the Web Site; theft, tampering, destruction, or unauthorized access to, or alteration of, Entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any web site (including the Web Site) or for any other reason whatsoever; typographical, printing or other errors; any emailed Entries which are late, lost, incomplete, misdirected, stolen, mutilated, illegible, or postage due, or any combination thereof. Proof of mailing Entry or uploading Photo to the Web Site is not considered proof of delivery or receipt. Illegible, incomplete and Entries in excess of the limits stated above and mechanically reproduced Entries will be disqualified. All Entries become the property of the Sponsor and will not be acknowledged or returned. False, fraudulent or deceptive Entries or acts shall render Entrants ineligible.
False and/or deceptive Entries or acts shall render Entrants ineligible. By registering to enter the Sweepstakes, entrant affirms that they have read, accepted and agreed to be bound by these Official Sweepstakes Rules.
The laws of the State of New York, USA apply to and govern this Sweepstakes. By entering the Sweepstakes, Entrants hereby submit to the jurisdiction and venue of the federal and state courts located in New York County, California, United States and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum.
One (1) potential winner will be selected in a random drawing from among all eligible Entries on or about 1/15/14 by West Coast Marketing. Decisions of Sponsor and West Coast Marketing shall be final and binding in all matters relating to this Sweepstakes. The potential prize winner will be notified as follows: if the winning entry was a Photo Entry submitted via the Instagram method detailed above, the winner will be notified with a comment left by the Sponsor on the Photo associated with the winning Entry. If the winning entry was a Mail-in Entry submitted by mail, the winner will be notified by email or telephone. Winners will be notified by 1/31/14. Potential winner will be required to respond to notification within two (2) days, providing complete personal information (first and last name, street address, city, state, zip code, daytime telephone number, email address and date of birth) as well as verifying eligibility in the Sweepstakes per these Official Rules.
Potential winner (or potential winner’s parent or legal guardian if potential winner is Minor) may be required to execute and return a notarized Affidavit of Eligibility/Release of Liability and (except where prohibited) Publicity Release Form [and a completed IRS W-9 form] within ten (10) days of issuance. All documents required as set forth above may be referred to herein as “Required Documents”.
Potential winner’s failure to respond to notification (detailed above), failure to return all Required Documents in the stated ten (10) day time period or failure to be in compliance with these Official Rules in any way may result in the potential prize winner being disqualified and an alternate prize winner may be selected at Sponsor’s sole discretion.
If any prize notification or prize is returned as undeliverable for any reason, or if prize winner is disqualified for any reason, Sponsor may decide, in its discretion, to award such prize to an alternate eligible Entrant or to not award such prize.
Acceptance of the prize constitutes permission (except where prohibited) granted to Sponsor to use the prize winner’s (name, likeness, picture, voice, biographical information and statements and Photo Entry (if applicable) for publicity, advertising, trade and promotional purposes in connection with the Sweepstakes in any and all media and manner and by any and all means now known or hereafter devised in perpetuity worldwide without additional compensation or limitation of any kind, and without the need to get any further consent.
Prize is not transferable, assignable, or redeemable for cash. No substitution for the prize by a prize winner will be allowed. If necessary, due to unavailability of the prize for any reason, a prize of equal or greater value will be awarded at the sole discretion of the Sponsor. Prize may not be sold, bartered or exchanged by prize winner. Prize is provided "as is" and without any warranty of any kind. Prize winner is responsible for all taxes and fees associated with prize receipt and/or use. By accepting the prize, the prize winner acknowledges compliance with these Official Rules.
All Federal, state and local tax liabilities are the responsibility of the winner. Prize will be fulfilled to winner’s residence within the Eligibility Area within 6-8 weeks after the conclusion of the Sweepstakes.
One (1) “Prize” will be awarded. The Prize consists of a $250 Visa Gift Card (subject to all terms and conditions of use) and one (1) each of the following Blu-ray™ titles: “The Place Beyond The Pines”, "Eternal Sunshine of the Spotless Mind", “Brokeback Mountain”, "Moonrise Kingdom", “Lost in Translation”, “Milk”, “One Day”, “Beginners”, “Jane Eyre”, “Atonement”. The total approximate retail value of the Prize is $450.
Awarding of the Prize is subject to the winner’s acceptance of all requisite conditions within these Rules and winner’s ability and agreement to grant the rights set forth in these Rules and the Affidavit. The Prize will be awarded as detailed above but any prize or portion thereof awarded may subsequently be rescinded by Sponsor at any time if Sponsor determines that the winner who was awarded his or her prize did not meet the eligibility requirements set forth in these Rules or was otherwise not in compliance with these Official Rules. Sponsor reserves the right to disqualify any potential prize winner and/or not award the prize to a winner if it is discovered that such winner has been charged with (and currently pending final resolution) or convicted of any criminal offense (felony or misdemeanor) or is found to have committed any act which might tend to bring prize winner, Sponsor, the Picture or its promotional campaign, or any other individual or entity into public disrepute, contempt, scandal, or ridicule, or which might tend to reflect unfavorably on Sponsor, the Picture or its promotional campaign, as determined by Sponsor in its sole and exclusive discretion. No transfer or substitution for the prize (or prize components) allowed, except at Sponsor’s sole discretion, due to prize unavailability for any reason, and only then for a prize (or prize component) of comparable value. No cash equivalent for the Prize allowed except at the sole discretion of Sponsor. All federal, state, and/or other taxes, if any are sole responsibility of the winner. Winner may receive an IRS Form 1099 for the year in which the Prize is awarded in the amount of the prize received.
Awarding of the Prize is subject to the prize winner’s acceptance of all requisite conditions within these Official Rules and prize winner’s ability and agreement to grant the rights set forth in these Official Rules and (in the case of the Grand Prize winner), the Affidavit/Release document detailed above.
Prize is non-transferable, non-assignable and has no cash value beyond redemption.
The odds of winning the Prize are determined by the total number of eligible Entries received and are equal regardless of method of entry.
LIMITATIONS ON LIABILITY:
Releasees shall not be liable to a prize winner or any other person for failure to supply a prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Releasees’ sole control.
By participating in and entering this Sweepstakes, Entrants agree that Releasees shall not be liable for personal injuries, death, damages, expenses or costs or losses of any kind resulting from participation or inability to participate in this Sweepstakes or parts thereof or acceptance of, use of or inability to use the Prize or parts thereof including, without limitation, claims, suits, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. The prize winner agrees to release the Releasees from any and all liability and responsibility with respect to the prize (including any property loss, damage, personal injury or death). The prize winner acknowledges the aforementioned individuals and entities have neither made nor are in any manner responsible for any warranty, representation or guarantee, expressed or implied, in fact or in law, related to the Prize.
If for any reason this Sweepstakes or part thereof is not capable of running as planned, or if this Sweepstakes or any web site, page or email address associated therewith (or any portion thereof), including but not limited to the Web Site becomes corrupted or does not allow the proper playing of the Sweepstakes and processing of Entries in accordance with these rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by Entrants (or others), fraud, technical failures, or any other causes, in the Sponsor’s sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend this Sweepstakes or any portion thereof. In the event this Sweepstakes is cancelled, the Sponsor will conduct a random drawing to award the Prize from among all eligible, non-suspect Entries received prior to the time of the action or event warranting such cancellation. If such cancellation, termination, modification, or suspension occurs, notification will be posted at http://focusfeatures.com/Dallas_Buyers_Club/InstagramSweepstakes. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE, PAGE OR EMAIL ADDRESS (INCLUDING THE WEB SITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. If a dispute arises about who submitted an Entry via the Instagram entry method, the Entry will be deemed submitted by the authorized account holder of the Instagram account associated with the Photo submitted. A potential prize winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning Entry and that all eligibility requirements are met.
NOTE: Photo Entry must be made by the Entrant only at the Web Site according to these Official Rules. Photo Entries made by any other individual or any entity, and/or originating at any other web site or page, including, but not limited to, commercial Sweepstakes or Sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of any device or computer software to automate the Entry process is prohibited.
For the Official Winners List (available after 2/10/14) or a copy of these Official Rules, send a self-addressed, stamped envelope to FOCUS FEATURES “#DareToLive INSTAGRAM SWEEPSTAKES” - WINNERS LIST OFFICIAL RULES (PLEASE SPECIFY WHICH), P.O. Box 56436, Sherman Oaks, CA 91413. Vermont residents may omit return postage for Official Rules requests. Official Rules are also available during the Online Entry Period at http://bit.ly/1amI1v5.
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