HALLOWEEN COSTUME CONTEST 2019
OFFICIAL FLASH IG [COSTUME] CONTEST GIVEAWAY RULES
The following are the rules (“Rules”) for the Flash IG [Costume] Contest giveaway (the “Giveaway”) being administered by Scott Brothers Entertainment Inc. (“SBE”).
To be eligible for the Giveaway, entrants must be: (a) legal residents of one of the fifty (50) states in the United States, the District of Columbia, or Canada (excluding Quebec); (b) be of the age of majority or older at the time of entry in their province, state or territory of residence; and (c) have a valid, public Instagram account (i.e. not “private” or “protected”) at the time of entry. 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. Employees of SBE and its affiliates, subsidiaries, related companies, advertising and promotional agencies, prize suppliers, and members of the immediate family (i.e. parent, sibling, child or stepchild) or household members of any of the above, are not eligible to participate in the Giveaway.
2. GIVEAWAY PERIOD
The Giveaway shall run from 3:00 PM Central Time (CT) on October 30, 2019 to 3:00 PM CT on November 1, 2019 (the “Giveaway Period”) after which time no further entries will be considered.
3. HOW TO ENTER
NO PURCHASE NECESSARY. To enter, entrants must: (a) post an original photograph of the following subjects dressed in a costume inspired by Jonathan and Drew Scott to your Instagram feed (i.e. not in Instagram stories): (i) yourself, (ii) yourself and/or a consenting family member, or (iii) yourself and/or a consenting friend (the “Photo”); and (b) tag @MrSilverScott and @MrDrewScott in the Post and use the hashtag #PropertyBrothers in the caption or comment section of the photograph (the “Caption” together with the “Photo”, collectively, the “Post”).
Each Post, as described above, constitutes one (1) entry. There are no limits on the number of entries during the Giveaway Period.
By participating in this Giveaway, each entrant represents and warrants that: (i) the Post does not contain any material, language or gestures that SBE, in its sole discretion, considers to be libelous, defamatory, indecent, profane, obscene or violent and does not violate any laws relating to hate speech or otherwise; (ii) the Post is original, solely created by the entrant and that no third party participated as an author, co-author or otherwise in the creation of the Post or any part thereof; (iii) all right, title and interest (including copyright) therein is owned and/or controlled by the entrant to the full extent necessary to enable SBE to use the Post as contemplated by these Rules; and (iv) the Post does not infringe upon the intellectual property right, proprietary interest or other statutory or common law rights of any third party; (v) s/he has the consent of all persons appearing in the Post to appear in the Post for the Giveaway; (vi) the Post does not contain any recognizable logos or any other copyrighted material; (vii) the Post does not contain any mention, endorsement, or “plug” any commercial product, service, venture or thing, including, without limitation, the name of your employer; and (viii) the Post has not been submitted in connection with any other contest and/or promotional campaign.
In the event of a dispute as to who submitted an electronic entry, the entry will be deemed to have been submitted by the authorized account holder of the Instagram account associated with the entry. “Authorized account holder” of an Instagram account is defined as the natural person who is assigned to an Instagram account by Instagram.
There is one (1) prize (the “Prize”) available to be won, consisting of a VISA cash gift-card in the amount of either US$1,000.00 or CA$1,000.00, depending on the applicable jurisdiction in which the winner resides.
SBE reserves the right, in its sole discretion, to substitute a prize of equal or greater value if a Prize or any part thereof cannot be awarded for any reason. The Prize is not transferable and not redeemable for cash and must be accepted as offered without substitution. Winner will be responsible for any federal, provincial, state and/or local taxes, and any other expense associated with and/or not explicitly included in the Prize. The Prize will be subject to all terms and conditions delivered with and applicable to gift card.
Prize will be distributed within ten (10) business days after the winner has been successfully contacted and fulfilled the requirements set out herein. SBE shall not assume any liability for a lost, damaged or misdirected Prize.
5. SELECTION OF WINNER(S)
Upon completion of the Giveaway Period, one (1) entrant will be selected by SBE and/or SBE’s representatives (the “Judges”) based on the following equally weighted criteria: (i) creativity; (ii) composition of photograph; (iii) relevance to the theme of a costume inspired by Drew and Jonathan Scott (the “Criteria”). The odds of being selected as a potential winner are dependent upon the number of eligible entries received by SBE during the Giveaway Period. Before being declared a winner, the selected entrant shall be required to comply with the Rules and may be required to sign and return the Release (described below).
The Judges, in their absolute discretion, shall select the Winner based upon the above Criteria. The decisions of the Judges shall be final and binding and may not be challenged in any way.
The selected entrant will be notified by Direct Message to their Instagram account provided at the time of entry within three (3) business days after the end of the Giveaway Period. The selected entrant must respond to the notification within twenty-four (24) hours and provide his/her full legal name, home address, email address and any other information required to receive the Prize. If a selected entrant does not respond in the allotted time, he/she will be disqualified and will not receive a Prize and another entrant may be chosen from the pool of eligible entries in SBE’s sole discretion. SBE shall be in no way responsible for the failure, for any reason whatsoever, of a selected entrant to receive notification or for SBE’s failure to receive a selected entrant’s response.
The winner, and any other person appearing in the Post (or their legal guardian if a minor), may be required to execute a release form (“Release”), as determined by SBE in its sole discretion, that: (i) in the case of the winner, confirms eligibility for the Giveaway; (ii) in the case of the winner, confirms acceptance of the Prize as offered; (iii) releases SBE, Instagram, and their respective parent companies, subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, sponsors, administrators, licensees, representatives, advertising, media buying and promotional agencies and prize suppliers (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Giveaway or the acceptance, use, or misuse of the Prize (as applicable), including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; and (iv) grants to SBE the unrestricted right, in SBE’s sole discretion, to produce, reproduce, publish, broadcast, communicate by telecommunication, exhibit, distribute, adapt and otherwise use or re-use the Post, winner’s and the person appearing in the Post’s name, image, likeness, voice and biography, in any and all media now known or hereafter devised, in connection with the Giveaway and the promotion and exploitation thereof. If required, the executed Release must be returned within two (2) business days of the date indicated on the accompanying letter of notification or the selected entrant will be disqualified and the Prize forfeited.
By participating in the Giveaway, each entrant:
(i) Agrees that they have read and agree to abide and be bound by these Rules and the decisions of SBE, which shall be final and binding in all respects. Entrants who have not complied with these Rules are subject to disqualification;
(ii) Releases and holds harmless the Releasees from any and all liability for any injuries, loss or damage of any kind to the entrant or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from (a) acceptance, possession, use or misuse of any Prize, (b) participation in the Giveaway, (c) any breach of the Rules, (d) any Prize-related activity, (e) any electronic or human error which may occur in the administration of the Giveaway or the processing of entries, or (f) claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement and any other intellectual property related cause of action that relates in any way to the Post;
(iii) Agrees to fully indemnify Releasees from any and all claims by third parties relating to the entrant’s participation in the Giveaway, without limitation; and
(iv) If selected as a winner, agrees that his/her name may be used in any and all forms of media, without any further compensation by SBE and waives all rights (including moral rights) with respect to printed, broadcast and other forms of publicity.
By providing the Post to SBE in connection with the Giveaway, each entrant shall retain all right, title and interest (including copyright) in and to the Post and shall grant to SBE a worldwide, gratuitous, irrevocable, and exclusive licence to copy, modify, produce, reproduce, display, publish, exhibit, distribute, convert, adapt, post, serve, broadcast, communicate by telecommunication, transmit and otherwise use or reuse the Post for use in all media now known or hereafter devised in perpetuity beginning on the date of entry, including, but not limited to, in connection with the administration, promotion and exploitation of the Giveaway. SBE assume no responsibility for any claims of infringement of rights to copyright, privacy, personality or otherwise, and all such liability shall remain with the entrant. SBE reserves the right to exclude any Post on the basis of concerns relating to the rights of third parties, including but not limited to privacy, copyright, defamation, rights of personality, obscenity or hate speech, as determined by SBE in its sole discretion.
SBE reserves the right, in its sole discretion, to disqualify any entrant found to be: (a) violating the Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Giveaway; (c) violating the terms of service, conditions of use and/or general rules or guidelines of the Instagram platform; and/or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass SBE or any other person.
SBE reserves the right, in its sole discretion, to terminate the Giveaway, in whole or part, and/or modify, amend or suspend the Giveaway, and/or these Rules in any way, at any time, for any reason without prior notice.
The Giveaway is in no way sponsored, endorsed or administered by Instagram and any personal information provided by an entrant is being provided to SBE and not Instagram. Any questions or comments regarding the Giveaway must be directed to SBE and not to any of the social media platforms on which the Giveaway may have been advertised. The producers or distributors of the Property Brothers programs are not associated in any way with the Giveaway.
The Giveaway is subject to all applicable laws of the State of Nevada and the laws of the United States applicable therein.