Instagram Giveaway Terms + Conditions
1. INTRODUCTION: The NAME Giveaway (the “Giveaway”) is organized by Woodward Extract Co., located at 630 Flushing #200, Brooklyn, NY 11206. These rules are the terms and conditions of the Giveaway (“Rules”). By entering the Giveaway, you agree to be bound by these Rules. If you do not agree with any of the Rules then you should not enter the Giveaway.
2. ELIGIBILITY: You are eligible to enter each Giveaway if you are a resident of the United States and if you are at least 18 years of age. No purchase necessary to enter. Void where prohibited.
3. ENTRY PERIOD: The entry period for the Giveaway will be DATE through DATE (the "Entry Period").
4. HOW TO ENTER: To enter the Giveaway, during the applicable Entry Period, on Instagram: (i) follow @woodwardextract, (ii) COMMENT. You must have a public account on Instagram to enter. Limit two (2) entries per Entry Period. Proof of posting will not be considered proof of receipt. Any use of robotic, automatic, programmed or similar entry methods will void all such entries by such methods. You must have an Instagram account in order to enter. Instagram is free to join.
5. WINNER SELECTION: At the close of the Entry Period, one (1) winner (the “Winner”) will be selected from among all eligible entries received. Woodward Extract Co.'s decision is final and binding in all matters relating to the Giveaway. Odds of winning depend on the actual number of eligible entries received. Potential winners will be notified through Instagram. If a potential winner is unreachable for 48 hours after the first attempt to contact such winner or is unable to attend, OpeWoodward Extract Co. may award the prize to an alternate entrant.
6. PRIZE: The Winner will receive PRIZE (approximate retail value: $12) (the "Prize"). No cash equivalent or alternative prize will be given and the Prize is non-transferable and non-exchangeable, except in Woodward Extract Co.’s sole discretion. Woodward Extract Co. will not be responsible for any loss, liability or damage arising out of the Winner’s acceptance or use of any Prize.
7. CONDITIONS: By entering the Giveaway, you hereby warrant that all the information submitted by you is true, current and complete. Woodward Extract Co. reserves the right to ask for proof of age and evidence to verify the identity of an entrant at any time, and may carry out checks of any details provided. All entries become the property of Woodward Extract Co. and will not be acknowledged or returned. You must have the permission of any person that you identify or otherwise refer to in your entry. By entering the Giveaway, entrants grant Woodward Extract Co. the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the entry and to incorporate the entry in other works in any and all markets and media worldwide in perpetuity without additional compensation, notification, permission or approval. Entrants warrant that they have the sole and exclusive right to grant such rights to Woodward Extract Co. and that Woodward Extract Co.’s reproduction, publishing, displaying, and/or other use of the entry will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. If any entry contains material that is offensive, violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any entry does not comply with these Rules or meet Woodward Extract Co.’s standards for any reason, as determined by Woodward Extract Co. in its sole discretion, such entry may be rejected as ineligible for consideration and/or deleted. Entries must comply with all applicable laws, rules, and regulations. Woodward Extract Co. shall have no obligation to copy, publish, display, or otherwise exploit the entry. In the event of any fault, mistake, misunderstanding or dispute concerning the validity of the information supplied by the entrant, or the operation of any part of the Giveaway, the decision of Woodward Extract Co. shall be final and no correspondence will be entered into.
8. LIABILITY AND RELEASE: Woodward Extract Co. does not accept responsibility for any fault, malfunction, damage, loss or disappointment suffered by any entrant howsoever arising from participating in the Giveaway or of accepting any prize whether due to any error, omission or other cause by Woodward Extract Co., its employees, agents or others to the fullest extent permitted by law. By entering the Giveaway, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Woodward Extract Co. and its promotional partners, and their respective subsidiaries, affiliates, directors, officers, employees and agents, and Instagram (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in any Giveaway and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (b) to indemnify Released Parties from any and all liability resulting or arising from any Giveaway and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to prize; (c) if selected as a winner, to the posting of such entrant’s name and/or blog user name on the Woodward Extract Co. website and the use by Released Parties of such entrants name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Rules and to waive any right to claim any ambiguity or error therein or in any Giveaway itself, and to be bound by all decisions of Woodward Extract Co., which are binding and final. Failure to comply with these conditions may result in disqualification from any Giveaway at Woodward Extract Co.’s sole discretion. In connection with the foregoing, if you are a California resident, you hereby waive California civil code section 1542, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.” The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief.
9. ORGANIZER: The sponsor of the Giveaway is Woodward Extract Co.
10. NON-AFFILIATION: The Giveaway is in no way organized, sponsored, endorsed, or associated with Instagram. You must abide by Instagram’s terms and conditions.
11. GOVERNING LAW: The Giveaway shall be governed by and interpreted under the laws of the State of New York without regard to its conflicts of laws provisions. The Federal and State courts located in Kings County, New York will be the exclusive venue for any disputes under any Giveaway, and you hereby consent to the personal jurisdiction of those courts for such purposes.
12. ADDITIONAL TERMS: Woodward Extract Co. reserves the right to permanently disqualify from any Giveaway or any other promotion any person they believe has intentionally violated these Rules. Any attempt to deliberately damage any Giveaway or the operation thereof is unlawful and subject to legal action by Woodward Extract Co., who may seek damages to the fullest extent permitted by law. Woodward Extract Co. shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of prize due to reasons beyond Woodward Extract Co.’s control, and is not responsible or liable for any expenses incurred as a consequence thereof. The failure of Woodward Extract Co. to comply with any provision of these Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Woodward Extract Co. (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Rules. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Woodward Extract Co. reserves the right to cancel, modify, or suspend any Giveaway or any element thereof (including, without limitation, these Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Rules). In the event of cancellation, modification, or suspension, Woodward Extract Co. reserves the right to select winners in a random drawing from among all eligible, non-suspect entries Woodward Extract Co. prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted on Woodward Extract Co.’s website. Woodward Extract Co. may prohibit any entrant or potential entrant from participating in any Giveaway, if such entrant or potential entrant shows a disregard for these Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Woodward Extract Co., or Woodward Extract Co.’s agents or representatives; or behaves in any other disruptive manner (as determined by Woodward Extract Co. in their sole discretion). Woodward Extract Co. reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of any Giveaway.