Miley Cyrus Merch Giveaway - Instagram
OFFICIAL RULES. NO PURCHASE NECESSARY TO ENTER OR WIN.
Eligibility: The “Miley Cyrus Merch Giveaway” ("Giveaway") is open to legal residents of the United States (including the District of Columbia, Hawaii, and Alaska) and Canada (excludes Quebec residents) except employees, officers, directors (and their immediate families and those living in their same households) of Merch Traffic (“Sponsor”), or any organization responsible for sponsoring, fulfilling, administering, advertising or promoting the Giveaway or supplying the prizes, and/or their respective parent subsidiary, affiliated and successor companies. Void in the U.S. Virgin Islands, U.S. military installations in foreign countries and all other U.S. territories and possessions and where otherwise restricted or prohibited by law. Participants must be 18 years of age or older at the time of entry, who have Internet access and are the authorized user of a working email address and Instagram account.
How to Enter: People wanting to participate must: (i) follow “merchtraffic” on Instagram; (ii) “like” by clicking the ♡ symbol below the post the Miley Cyrus Merch Giveaway Instagram post by “merchtraffic”; and (iii) and tag using the @ symbol at least one (1) friend with a valid Instagram account in the comments on the aforementioned “merchtraffic” post between Monday August 23rd, 2021, at 10 AM Pacific Time ("PT") to Friday, August 27th, 2021, at 10:00 AM PT (“Promotion Period”). For multiple entries, participants must tag a different friend with a valid Instagram account as a new, separate comment (i.e., each friend tagged as a separate comment shall equal one (1) entry; however, multiple friends tagged on one comment will not count as multiple entries). All entries must be received before the end of the Promotion Period. MAIL-IN, EMAIL, AND ALL OTHER NON-INSTAGRAM ENTRIES WILL NOT BE ACCEPTED, WILL BE VOID, AND WILL BE DESTROYED WITHOUT OPENING OR REVIEW.
Use of any automated system to participate is prohibited and will result in disqualification. Incomplete, illegible, false or deceptive entries are void. All entries become property of Sponsor and will not be acknowledged. Sponsor is not responsible for interrupted or unavailable network, server or other connections, computer or software malfunctions or telephone transmission problems or technical failures, garbled transmissions, damage to a user's computer equipment (software or hardware) or other errors or malfunctions of any kind whether caused by computer viruses, worms or bugs, tampering, unauthorized intervention, fraud, equipment, programming used in this Giveaway, mechanical, electronic or human error or otherwise. In the event of a dispute as to any registration or entry into the Giveaway, the authorized account holder of the Instagram account and associated email address used to register will be deemed to be the registrant. The "authorized account holder" is the natural person assigned an Instagram account or email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the account associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. By participating, entrants agree to abide by these Official Rules and to the decisions of the Sponsor, which shall be final and binding in all matters relating to this Giveaway.
To create an Instagram account, download the Instagram app on a mobile device and follow the instructions and prompts from the app. Accounts on Instagram are free. Before entering the Giveaway, the “Private Account” option in the account settings must be set to “OFF”.
Instagram Content Restrictions:
Your Instagram entry must not (i) 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; (ii) contain material that is inappropriate, indecent, obscene, or otherwise offensive (as determined by Sponsor in their sole discretion), hateful, tortious, defamatory, slanderous or libelous; (iii) 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 (iv) contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where entry is created. Failure to comply with these Restrictions, as determined by Sponsor in its sole discretion, is grounds for automatic disqualification from the Giveaway.
Uploading an entry constitutes an entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions (including the names or social media handles included therein) in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, creative, 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 Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the entry. Released Parties (as defined in the Release section below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected entries; all of which will be void. By submitting your entry in the Giveaway, you acknowledge and agree that Sponsor will own all entries submitted by you in the Giveaway. Each entrant into the Giveaway hereby irrevocably grants, transfers, sells, assigns and conveys to the Sponsor, its successors and assigns, all present and future right, title and interest of every kind and nature whatsoever in and to the entry(ies) for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter, the entry(ies) for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have in the entry(ies) submitted by him or her. Each entrant hereby acknowledges that such entrant does not reserve any rights in and to his/her entry(ies). Sponsor shall have no obligation (express or implied) to use any entry, or to otherwise exploit any entry or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the entry(ies) for any reason or no reason at all, and no entrant shall be entitled to any damages or other relief by reason thereof.
Drawing: A total of five (5) winners will be selected by random drawing during the Promotion Period. One (1) daily winner will be selected per day from all eligible entries from the prior day. Each day’s winner will be selected the next business day at 11:00 AM PT. All five (5) winners will be initially notified by Sponsor via Instagram Direct Message requesting each winner’s email address; then each winner will receive a follow-up email requesting the winner’s (i) full legal name, (ii) shipping address, and (iv) confirmation that Sponsor can repost any image winner shares with the Prize.
Each potential winner will have three (3) business days from the moment such notification is issued via Instagram Direct Message to respond to such notification by following instructions provided therein. By responding to the notification in the time provided, the potential winner is agreeing to an affidavit of eligibility/liability and publicity release. If a response is not received in the time provided, the prize will be forfeited, and an alternate winner selected. A maximum of two re-draws following the same above process will be conducted per original selection.
In the case of a selected winner who is a Canadian resident, s/he must also answer, without assistance of any kind, whether mechanical or otherwise, a mathematical skill testing question posed by telephone or email.
Tangible prizes will be shipped from Beverly Hills, California via ground shipping within thirty (30) working days of receiving winner’s reply and mailing address.
Any and all taxes on the prize, and any other costs, fees, and expenses not explicitly stated herein are the sole responsibility of the prize recipient.
Prize (singularly, “Prize”; collectively, “Prizes”): Each daily winner shall receive one (1) box of randomly selected merchandise that may not be exchanged (Est. Retail Value: $150 - $200).
The selection of the Prizes shall be in Sponsor’s sole discretion. Notwithstanding the above, the daily winners will select their tee size from the available sizes. All Prize shipments are final; no returns or exchanges accepted.
Miscellaneous: No transfer, cash redemption, or prize substitutions (or portion thereof) allowed, except at the Sponsor’s sole discretion. In the unlikely event that any portion of the prize is undeliverable for any reason Sponsor will award a substitute prize of equal or greater retail value.
Sponsor reserves the right to modify the notification procedures in connection with the selection of the alternate winner(s), if any. Acceptance of any prize constitutes the prize winner’s permission for Sponsor to use such person’s name, social media handle, biographical and prize information, entry materials, picture, and likeness for promotional or advertising purposes in connection with this Giveaway without further notice or further compensation or permission except where prohibited by law. All entries are subject to verification prior to awarding of prizes. Eligibility, age, and claims made by prize winners in regards to compliance with these Official Rules also are subject to verification prior to awarding of prize. Sponsor will not replace any lost or stolen prize items once in the winner’s possession. Sponsor shall not be liable to winner or any person claiming through winner for failure to supply the 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), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, threatened terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, 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 Sponsor’s sole control (collectively, "Force Majeure Event").
By entering, entrant agrees that Sponsor and all of their respective officers, directors, employees, representatives and agents shall have no liability for, and shall be held harmless for and against any damage, loss or injury that may arise in whole or in part, directly or indirectly, from: (i) the acceptance, possession, use or misuse of prize or participation in this Giveaway; or (ii) printing, distribution or production errors. Sponsor or their affiliates may rescind any promotion found to contain such errors without liability at their sole discretion. Sponsor makes no warranty, representation or guarantee, express or implied, in fact or in law, relative to the nature of any prize awarded. Sponsor reserves the right, in their sole discretion to modify, cancel, terminate or suspend this Giveaway should causes beyond the control of Sponsor, including but not limited to a Force Majeure Event (as defined herein), impair the administration, security, fairness or proper play of the Giveaway and, in the event of cancellation, termination or suspension, select, at Sponsor’s discretion, winners from eligible, non-suspect entries received prior to event requiring such cancellation, termination or suspension. Sponsor reserves the right at their sole discretion to disqualify any individual that (i) tampers or attempts to tamper with the entry process or the operations of this Giveaway in any manner, (ii) violates the Official Rules, or (iii) acts in an “unsportsmanlike” or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: Any attempt by an entrant or any other individual to deliberately damage or undermine the legitimate operation of this Giveaway is a violation of criminal and civil laws. Should such an attempt be made, Giveaway parties reserve the right to seek civil and/or criminal prosecution and/or damages from any such person to the fullest extent permitted by law.
Jury Trial Waiver: Except as prohibited by law and as a condition of participating in this Giveaway, entrant hereby waives any right it may have to a trial by jury in respect of any litigation directly or indirectly arising out of, under or in connection with this Giveaway, any document or agreement entered into in connection herewith and any of the transactions contemplated hereby or thereby.
Winner & Official Rules: A list of winners will be linked to the “merchtraffic” Instagram story on Friday, August 27, 2021 at 6:00 PM. To obtain a copy of the Official Rules and the name of the winners after the Promotion Period, email your request up to thirty (30) days after the close of the Promotion, to mailto:LNMarketing@LiveNation.com with the subject line “Miley Cyrus Merch Giveaway”.
Governing Law & Jurisdiction: The conduct of this Giveaway and the application of these Official Rules shall be governed by the law of the state of California, USA, whose courts shall have exclusive jurisdiction in the event that any dispute arises regarding the Giveaway or the prize. Sponsor & Administrator: Merch Traffic, Beverly Hills, California, 90210.
Miley Cyrus and Instagram are in no way associated with or responsible for sponsoring, endorsing, or administering this Giveaway. All trademarks are the property of their respective owners.
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