Inclusion Challenge Contest
Fun and Function LLC Instagram Contest Rules
Sponsor is Fun and Function LLC, 737 Montgomery Ave., Narberth PA 19072 ("Sponsor").
The Fun and Function Product Contest (the “Contest”) begins April 1, 2021 at 12:00:00 a.m. US Eastern Daylight Time (“EDT”) and ends April 30, 2021, 12:00:00 a.m. EDT (the “Promotion Period”). Information on how to enter and the prize form part of these official rules (“Official Rules”). By submitting an entry, each entrant unconditionally accepts and agrees to the Official Rules and warrants that his or her entry complies with all requirements described in the Official Rules. This is a skill-based contest and chance plays no part in the determination of winners.
NO PURCHASE OR PAYMENT IS REQUIRED TO ENTER THE CONTEST.
WHO MAY ENTER
The Contest is open only to individuals who have reached the age of majority in their jurisdiction of residence at the time of entry. Communal areas nominated must be located within the continental United States. Officers, directors and employees of Sponsor are not eligible to enter the Contest or win a prize.
THE CONTEST IS VOID WHERE PROHIBITED BY LAW.
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM.
HOW TO ENTER
To enter, nominate a communal space on Instagram (a “Submission”)and submit in accordance with the instructions that follow. There is no limit on the number of Submissions per person. Each Submission must comply with following requirements (the “Submission Requirements”):
Submission descriptions may include drawings, photographs, videos and written descriptions
Submission descriptions must explain why the communal space should be more sensory-friendly
Submission descriptions must tag @funandfunction and include the designated hashtags
Each Submission description may not feature or include any material owned or controlled by third parties.
Any Submission that, in Sponsor's good faith judgment, violates the Submission Requirements will be disqualified. Submissions must be received by the end of the Promotion Period. The entries will be judged in accordance with the Judging Criteria, as defined below. Submissions must be made by the authorized account holder of the Instagram account at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an Instagram account by an Internet access provider, online service provider, internet domain owner, or other person or organization (e.g., business, educational institution, etc.) that is responsible for assigning Instagram accounts.
Prize consists of one (1) sensory space package with an approximate retail value of up to $5000. One prize will be awarded at the end of the Promotion Period, in Sponsor’s sole discretion. The prize will be awarded within ninety (90) days of the end of the Promotion Period.
The prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. If required by law, Sponsor reserves the right to withhold and remit to the appropriate taxing authorities the amount of any tax or taxes due. With respect to non-cash prizes, if any, it may be legally necessary under the United States Internal Revenue Code (as determined by Sponsor in its sole discretion) for the prize winner to pay the amount of any tax before receiving the prize.
Judging will be conducted by Sponsor personnel, or other individuals selected by Sponsor. The judging criteria (“Judging Criteria”) is that a Submission is determined, in Sponsor’s sole discretion, to have the most likes and/or comments and must also be aligned with the Sponsor’s values.
Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason. If, despite reasonable efforts, a potential prize winner does not respond within five (5) days of the first notification attempt, or if a prize or prize notification is returned as unclaimed or undeliverable to such potential prize winner, such potential prize winner forfeits the applicable prize. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the applicable prize for any reason prior to award, such potential prize winner may be disqualified.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION
Each person who enters this Contest represents and warrants as follows: (i) except as set forth herein, the Submission is the entrant’s own and was produced by entrant; (ii) the Submission does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; and (iii) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any third party. Each entrant hereby agrees to defend and indemnify and hold Sponsor harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each entrant that wins a prize under the Contest hereby irrevocably, unconditionally and perpetually grants to Sponsor, its successors and assigns the right (but not the obligation) to use entrant’s Submission in whole or in part, to reproduce, market, distribute, sell, display and create Products based upon or derived from the entrant’s Submission. The rights granted herein include all rights generally known as “moral rights” or “droit moral” rights (which shall include, without limitation, any similar or analogous rights under the applicable laws of any country of the world [including, without limitation, the so-called right of paternity (droit a la paternite), right of integrity [droit au respect de l’oeuvre], right of withdrawal [droit de retrait or droit de repentir] and/or right of publication [droit divulgation]) which I may have in connection with the Submission. In addition to the fullest extent allowable under any applicable law, each entrant hereby irrevocably waives or assigns to Sponsors entrant’s moral rights.
Each winning entrant acknowledges that the prize awarded is the sole compensation that such entrant will receive from any use by Sponsor (or any other party authorized by Sponsor) as consideration for the rights granted by the entrant, and each such entrant hereby waives, on behalf of such entrant and his, her or its heirs or successors and assigns, any claim to any additional compensation in the future. All rights granted to Sponsor herein are fully and freely transferrable and assignable by Sponsor. Any failure by Sponsor to successfully transfer a prize to a winning entrant, after making reasonable efforts, shall not in any manner affect or diminish the rights granted by the entrant to Sponsor under this Agreement.
Sponsor has no obligation to provide any attribution of entrant to a Product. However, by participating in the Contest, each entrant irrevocably grants the Sponsor the right to use such entrant’s name, photograph, likeness, statements, biographical information, and any other personal characteristics, in any and all media in connection with the Contest and the advertising and promotion thereof and each entrant and/or prize winner hereby releases Sponsor from any liability with respect thereto.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SPONSOR BE LIABLE TO AN ENTRANT FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.
Sponsor reserves the right to verify the validity and originality of any Submission and/or entrant (including an entrant's identity and address) and to disqualify any entrant who submits a Submission that is not in accordance with these Official Rules or who tampers with the entry process. Failure by Sponsor to enforce any of its rights at any stage does not constitute a waiver of those rights.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF
Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Sponsor is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Submission to Sponsor for purposes of the Contest does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission. Each entrant understands and acknowledges that the Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by its own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Sponsor’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief, and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
NO OBLIGATION TO USE
Sponsor shall have no obligation (express or implied) to use any winning Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Submission for any reason, with or without legal justification or excuse.
DATES AND DEADLINES/ANTICIPATED NUMBER OF CONTESTANTS
Because of the unique nature and scope of the Contest, Sponsor reserves the right in its sole discretion, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of entrants who will participate in the Contest.
If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to evidence or effectuate the rights granted in these Official Rules, then each entrant agrees to sign, authenticate and deliver the same upon Sponsor’s request therefor.
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES OF AMERICA AND THE INTERNAL LAWS OF THE COMMONWEALTH OF PENNSYLVANIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. ANY LEGAL ACTION UNDER THESE OFFICIAL RULES OR IN RELATION TO THE CONTEST SHALL ONLY BE BROUGHT IN THE APPLICABLE FEDERAL AND STATE COURTS LOCATED IN OR WITH JURISDICTION OVER MONTGOMERY COUNTY, PENNSYLVANIA, AND EACH PARTY HEREBY AGREES TO SUBMIT EXCLUSIVELY TO SUCH JURISDICTION.
Entrants are responsible for complying with these Official Rules. Winners' names will be available online at www.funandfunction.com/contest prior to or by August 1, 2021.