NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
Seabrook’s “#SeabrookSunsets” Instagram Photo Contest (the “Challenge”) is in no way sponsored, endorsed or administered by, or associated/ with Instagram (“Instagram”). You understand that you are providing your information to the Sponsor (defined below) and not to Instagram. The information you provide will only be used for the administration of this Challenge. Instagram is hereby completely released of all liability by each entrant in this Challenge. Any questions, comments or complaints regarding the Challenge must be directed to the Sponsor and not to Instagram. You may only use one (1) Instagram account (“Instagram Account”) to participate in this Challenge.
1. Eligibility: The Challenge is open only to legal residents of the United States who are at least twenty-one (21) years old and have an Instagram account in good standing. Void where prohibited. Employees of Seabrook, promotion and advertising agencies, and members of their immediate families (spouse, parents, siblings, and children) and household members of those employees are not eligible to enter or win.
2. Sponsor/Administrator: The Challenge is sponsored by Seabrook, 225 Front Street, Pacific Beach, WA 98571 (“Sponsor”). The Administrator of Challenge is Seabrook, 225 Front Street, Pacific Beach, WA 98571
3. Agreement to Official Rules: By entering, you indicate your full and unconditional agreement to (a) these Official Rules and (b) Sponsor’s decisions, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Challenge Period: The Challenge begins at 12:00 PM Pacific Time (“PT”) on Sunday Sept. 1, 2019 and ends at 11:59 PM ET on Monday Sept. 30, 2019 (the “Entry Period”). Sponsor’s computer is the official time-keeping device for the Challenge.
5. How to Enter: Post a photo/video on Instagram featuring a personal photo. Add a caption with the hashtag #SeabrookSunsets and tag @SeabrookWA. You may enter as many times as you wish, but each entry must be a unique photo/video. Entries must be posted or reposted from a public account during the entry period. You cannot simply “tag” an older photo/video. Those posted from private accounts and/or posted outside of the entry period will not be considered eligible. Please see the Submission Requirements for the photos below for additional details. Multiple entrants are not permitted to share the same Instagram account. Your photo must be published to your own Instagram account during the duration of the campaign. Entries will not be acknowledged.
6. Submission Requirements: BY SUBMITTING AN ENTRY, YOU AGREE THAT THE POST (AND EACH INDIVIDUAL COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE PHOTO) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING THE USE OF YOUR ENTRY OR ANY COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE PHOTO. THE RELEASED PARTIES SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THESE RULES AND/OR THE INSTAGRAM RULES.
By participating in the Challenge, each entrant hereby warrants and represents that any Post he/she submits:
1. is original to him/her;
2. does not violate any law, statute, ordinance or regulation;
3. the account will need to be made public to see the specific hashtag;
4. will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party; and
5. is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor); conduct or other activities in violation of these Rules; and/or any other comment that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.
The Sponsor reserves the right, in its sole and absolute discretion, at any time and for any reason to screen any Post(s). Any Post that the Sponsor deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Rules is subject to disqualification. The Sponsor reserves the right, in its sole and absolute discretion at any time and for any reason, to request an entrant to modify, edit and/or re-submit his or her Post in order to ensure that the Post complies with these Rules, or for any other reason. If such an action is necessary at any point during or after the Challenge, then the Sponsor reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Post (and therefore the corresponding Entry and/or the associated entrant).
7. Sponsor’s Rights to Photos: By participating, you: (a) irrevocably grant Sponsor, its agents, licensees, marketing partners, and assigns the unconditional and perpetual (non-exclusive) right and permission to publish, post, and display, your photo as-is or as-edited (with your name included to indicate photography credit) on its social media feeds and blog without approval from you or any other party; (b) forever waive any rights of copyrights, trademark rights, privacy rights, and any other legal or moral rights that may preclude Sponsor’s use of your photo as outlined above, or require any further permission for Sponsor to use the photo; (c) agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor or its marketing partners on the grounds that any use of the photo, or any derivative works, infringes any of your rights as creator of the photo, including, without limitation, copyrights, trademark rights, and moral rights; and (d) agree that you have received express permission from any subjects featured in photos used as challenge entries and that you are solely responsible for all claims arising from the use of these subjects.
8. Selection of Winner: On or about Wednesday, October 2, 2019 at approximately 10:00 AM PST at Seabrook, 225 Front Street, Pacific Beach, WA 98571, a panel of judges selected by Sponsor in its sole discretion will review all eligible entries submitted through Instagram during the entire challenge period, and select one (1) potential winner based on the following criteria: the photo depicts the best theme of summer at Seabrook, the photo conveys great emotion, and the photo or the caption appears to tell a story. The decision of the judges is final. The odds of being selected depend on the number of entries received. If Sponsor, in its sole discretion, deems that a photo does not comply with these Official Rules or is otherwise inappropriate to post, Sponsor may reject that entry and select another.
9. Notification and Requirements of Potential Winner: Administrator will reach out directly to potential winner via direct message on Instagram by Friday, October 5. Sponsor will then follow up with potential winner via email with instructions on how to claim the prize. Upon response from winner, Seabrook will announce potential winner via posts on the @SeabrookWA Instagram account. If a potential winner does not respond and comply with the instructions in the initial Instagram direct message within three (3) days, he/she will forfeit the prize and Sponsor may award the prize to an alternate entrant. Only two (2) alternate entrants will be contacted. Except where prohibited, a potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release.
10. Prize: One (1) Grand Prize winner will receive a three-day, two-night trip to Seabrook in the Red Sunset Magazine Idea Home. The free 2-night stay can be redeemed between October 6, 2019 and May 31, 2020, excluding holidays.
11. Release and Limitations of Liability: Each winner must sign a Declaration of Eligibility and Liability/Publicity Release form to: (i) confirm compliance with the Challenge Rules; (ii) agree to accept the prize as awarded; (iii) release, discharge and hold harmless the Sponsor, its departments and agencies, parent, related and affiliated companies, subsidiaries, franchisees, advertising and marketing agencies, counsel, marketing partners, and each of their respective directors, officers, employees, shareholders, successors, sponsors, partners, licensees, subsidiaries, agents, artists, advisors, assignees, and all Releasees from and against any and all manner of action, cause of action, claim or demand, loss or injury, use or misuse of a prize, suit, debt, covenant, contract, including legal fees and expenses, whatsoever, including but not limited to, claims based on negligence, breach of contract and fundamental breach, failure of any third party contractor or supplier used in connection with any aspect of the Challenge to perform or deliver any goods or services, any act of God or any other event beyond the Released Parties’ control, any dissatisfaction of any kind by a winner with any aspect of the Challenge or any prize, liability for physical injury, death, or property damage which the entrants, their heirs, successors or assigns have, might have or could have suffered, by reason of or arising out of the entrant’s participation in the Challenge and/or in connection with the acceptance and/or exercise by the entrant of the prizes as awarded; and (iv) indemnify the Released Parties against any loss, damage or expense, including legal fees, that any of the Released Parties may suffer or incur as a result of any non-compliance by an entrant with any of the Challenge Rules or participation in the Sweepstakes and/or in connection with the acceptance and/or exercise by an entrant of a prize.