Terms and Conditions
*** OFFICAL RULES ***
NO PURCHASE OR WIRELESS DEVICE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE UNITED STATES, PUERTO RICO OR CANADA (EXCLUDING QUEBEC) WHO ARE AT LEAST 18 YEARS OLD OR AGE OF MAJORITY, WHICHEVER IS OLDER IN YOUR STATE OF RESIDENCE, AT DATE OF ENTRY INTO SWEEPSTAKES. VOID IN ALL OTHER U.S. TERRITORIES AND POSSESSIONS AND WHERE PROHIBITED BY LAW. IF YOU ARE ACCESSING THIS SWEEPSTAKES VIA YOUR WIRELESS DEVICE, DATA RATES MAY APPLY.
Administrator & Sponsor: Fret12 LLC ("Administrator"). Prize Provider: Fret12 LLC Sweepstakes Entities: Instagram and Administrator THIS SWEEPSTAKES IS NOT SPONSORED, ENDORSED OR ADMINISTERED BY FACEBOOK, TWITTER, INSTAGRAM, TIKTOK, OR YOUTUBE. Data rates may apply.
1. Acceptance of Rules. By entering the Administrator’s sweepstakes (the "Sweepstakes") operated on “instagram.com”, or other social media service Administrator chooses (collectively, the "Sweepstakes Service"), you hereby accept and agree to these official rules (the "Official Rules") of this Sweepstakes and the decisions of the Administrator in connection with this Sweepstakes, whose decisions are final. No purchase, entry fee or use of wireless device is necessary to enter or win. If you are a wireless service subscriber and have a smartphone, tablet or other wireless device that allows you access to the Internet, you may also enter the Sweepstakes via any of those devices during the Promotion Period (as defined below). If you chose to access this Sweepstakes via any of those wireless devices, you may be charged data rates in accordance to the Terms and Conditions of the Service Agreement with your carrier.
2. Eligibility. This Sweepstakes is offered and open to persons who: (a) are legal residents of the United States, Puerto Rico or Canada (excluding Quebec); (b) are at least 18 years old or age of majority, whichever is older in their state of residence, at the date of entry in this Sweepstakes; (c) already are or can become a Registered User(s) of the services described below; and (d) , become a registered user of the social website Instagram and follow FRET12 on Instagram (https://www.instagram.com/fret12/) and Danny Gomez on Instagram (https://www.instagram.com/dannygomezoficial/) becoming an Eligible Active Follower. For purposes of these Official Rules, "Eligible Active Follower" means a person who successfully registers with Instagram and follows both the FRET12 and Danny Gomez accounts, and further comments on the FRET12 Instagram post regarding the event including a tag to a friend. There is no cost to register for the Instagram Service. Employees, directors, and immediate family members of the Sweepstakes Entities and their parents, affiliated and subsidiary companies, advertising and promotion agencies and legal and financial advisors are not eligible to participate in this Sweepstakes. For purpose of the foregoing, "immediate family" means parents, spouses, children, siblings or any members of the same households of such employees and directors. This Sweepstakes is void in the province of Quebec, in all other U.S. territories and possessions and where prohibited by law.
3. Entering the Sweepstakes. To enter the Sweepstakes, users need to access, during the Promotion Period, the Instagram Page for FRET12, follow the accounts and become an active follower described herein. To enter the drawing, the participant must be an Eligible Active Follower and perform one of the following tasks:
-The user must follow @FRET12 and @dannygomezoficial on Instagram
-The user must further tag a friend in a comment on the post by @FRET12 which refers to the event
-Bonus: The user may gain additional entries to the Sweepstakes by adding more comments. Every additional comment tagging another friend will count toward another entry (one person tagged per comment is one entry).
4. Promotion Period. The length of time designated in the Sweepstakes Service (the "Promotion Period").
5. Prizes. During the Promotion Period, The Sweepstakes shall award prizes to Eligible Active Followers as more particularly set forth in the Sweepstakes Service (the "Prizes") drawn at random.
6. Prize Restrictions. Certain terms and restrictions may apply on Prizes and will be furnished upon Prize claim. No assignment, transfer, conversion to cash or cash redemption or substitution of a Prize is permitted, except Administrator reserves the right to substitute a Prize with a prize of comparable or greater value, should a Prize or part of a Prize become unavailable. Prize is solely for personal use and may not be used in conjunction with any other promotion. All Prize details are at the sole discretion of the Sweepstakes Entities.
7. Odds/Drawings/Winner Notification. Odds of winning a Prize depends on the number of eligible entries received during the Promotion Period. On or about Thursday, the Prize drawing will be conducted at random by Administrator, whose decisions are final and binding in all respects. The potential winner (the "Winner") of the week will be notified via Direct message on Instagram. The Winner will be responsible for following the instructions sent via Direct Message. Failure to follow the directions within promotion period will result in forfeiture of the prize, at the Administrator’s discretion.
8. Prize Taxes. All federal, state, local and other tax liabilities arising from this Sweepstakes, including, without limitation, winning a Prize, will be the sole responsibility of each Winner.
9. Affidavit of Eligibility/Liability Release and Publicity Release. Administrator may require the Winner(s) to complete, execute and return an Affidavit of Eligibility/Liability Release, and where lawful, a Publicity Release (collectively, the "Release Forms"), as well as a W-9 tax or E-8 form (where applicable) at the time of picking up the prize. Failure to sign the Release Forms timely, or failure to follow the prize directions to pick up the prize, or if a Winner is found not to be eligible or not in compliance with these Official Rules, may result in disqualification with an alternate Winner selected in accordance with these Official Rules.
10. Publicity Release Terms. Except where prohibited by law, a Winner's acceptance of a Prize constitutes permission for the Sweepstakes Entities to use Winner's publicly available Instagram Information including name, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation.
11. Improper Conduct. Administrator, in its sole discretion, may disqualify any entrant from participation in or use of any or all portions of this Sweepstakes, and refuse to award a Prize, if a Winner engages in any conduct Administrator deems to be improper, unfair or otherwise adverse to the operation of the Sweepstakes or detrimental to other entrants of the Sweepstakes. Such improper conduct includes, without limitation, falsifying personal information required during entrant registration or Prize claim, violating any term or condition stated herein, accumulating entries through methods such as automated computer scripts or any other programming techniques, allowing others to use entrant's personal information for the purpose of accumulating entries, or intentionally trying to defraud, reverse engineer, disassemble or otherwise tamper with the computer programs in connection with this Sweepstakes. Winners agree that Administrator may void a Prize or any part of a Prize that a Winner may have won and/or require the return of a Prize or any part of a Prize that a Winner may have won as a result of such improper conduct. Winners further acknowledge that any forfeiture of a Prize and/or return of a Prize shall in no way prevent Administrator from pursuing other avenues of recourse, such as criminal or civil proceedings in connection with such conduct. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, EACH OF THE SWEEPSTAKES ENTITIES RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Integrity of Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Administrator, in its sole opinion believes could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Administrator reserves the right at its sole discretion to cancel, terminate, modify or suspend this Sweepstakes and select the Winners from entries received prior to the action taken or in such other manner as Administrator may deem fair and appropriate.
13. Lost or Corrupted Entries. The Sweepstakes Entities and their parents, affiliated and subsidiary companies and advertising and promotion agencies, and their respective directors, officers, employees, representatives and agents assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage-due entries or mail, if applicable; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Sweepstakes Entities and their parents, affiliated and subsidiary companies and advertising and promotion agencies, and their respective directors, officers, employees, representatives and agents are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking or by any of the equipment or programming associated with or utilized in this Sweepstakes, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Sweepstakes.
14. Damaged Property. The Sweepstakes Entities and their parents, affiliated and subsidiary companies and advertising and promotion agencies, and their respective directors, officers, employees, representatives and agents assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any entrants or to any other person's computer or property related to or resulting from participating in this Sweepstakes or downloading materials from this Sweepstakes.
15. Sweepstakes Errors. The Sweepstakes Entities and their parents, affiliated and subsidiary companies and advertising and promotion agencies, and their respective directors, officers, employees, representatives and agents assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with errors and/or ambiguity: (a) in the Sweepstakes; (b) in any related advertising or promotions of this Sweepstakes; and/or (c) in these Official Rules. In the event of any ambiguity(s) or error(s) in these Official Rules, Administrator reserves the right to modify these Official Rules for clarification purposes or to correct any such ambiguity(s) or error(s) without materially affecting the terms and conditions of the Sweepstakes.
16. Prizes and Winners. The Sweepstakes Entities and their parents, affiliated and subsidiary companies and advertising and promotion agencies, and their respective directors, officers, employees, representatives and agents assume no liability and are not responsible for, and you/entrant hereby forever waive any rights to any claim in connection with, the selection and announcement of the Winners, the distribution of the Prizes, the acceptance/possession and/or use/misuse of any part of a Prize and/or any injury or damage to any entrant's or third person's property related to or resulting from any part of a Prize or any part of this Sweepstakes.
17. Release and Indemnity. Each entrant in this Sweepstakes, including, without limitation, the Winners, hereby releases and agrees to hold harmless the Sweepstakes Entities and their parents, affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a Prize, participation in this Sweepstakes and participation in any activity related to this Sweepstakes.
18. Limitation of Liability. IN NO EVENT WILL THE SWEEPSTAKES ENTITIES, THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SWEEPSTAKES. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
19. Disclaimer of Warranties. THE SWEEPSTAKES AND PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
20. Identity Disputes. In the event of a dispute as to the identity of a winner based on an Instagram Account, the winning entry will be declared made by the Authorized Account Holder of the Instagram Account submitted at time of entry. For purposes of these Official Rules, "Authorized Account Holder" is defined as the natural person who is assigned to the Instagram Account and the associated email address by an 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.
21. Binding Arbitration. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules and/or this Sweepstakes. Any controversy or claim, arising out of, or relating to, these Official Rules and/or this Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Illinois, in the City of Chicago and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
22. Governing Law and Jurisdiction. This promotion is governed by U.S. law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Administrator in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Illinois, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration, as set forth in Section 21 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Illinois, in the City of Chicago.