IMPACT Melanoma #CatchShade Sweepstakes Official Rules
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
1. Eligibility: IMPACT Melanoma Inc (the “Sponsor”) will be hosting the #CatchShade Sweepstakes (“Sweepstakes”). The Sweepstakes is open to legal residents of the 50 United States and the District of Columbia who have reached the age of 18 (or other age of majority where they reside) and participate in the photo challenge. Employees of the Sponsor and their immediate family members are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all federal, state and local laws and regulations.
2. Sweepstakes Description: To enter, each entrant (“Entrant”) must: (i) take a picture of the Entrant in the Entrant’s favorite shady place and post the photo on Instagram, Twitter (X) or Facebook before the end of the Sweepstakes Period; and (ii) tag [Sponsor’s Instagram account] on Instagram, [Sponsor’s Twitter (X) account handle] on Twitter (X), or [Sponsor’s Facebook account] on Facebook, using the #CatchShade hashtag. Entrants may post as many qualifying photos as they wish on one or more of the social media platforms, but all such photos will be treated as a single entry. The photo must be taken by the owner of the Instagram, Twitter (X), or Facebook account from which the photo is posted. The Instagram, Twitter (X), or Facebook account of the Entrant or the Entrant’s photo must be public and viewable by the Sponsor.
Alternatively, an Entrant may enter the Sweepstakes by hand printing their name, street address, city, state, zip code and e-mail address on a postcard and mailing it to Sponsor at 490 Virginia Road, Suite 11, Concord, MA 01742 Attn: Sweepstakes. Any mail-in entries must be received by Sponsor before the end of the Sweepstakes Period to be included in the Sweepstakes. Each Entrant may enter only once via Instagram, Twitter (X) or Facebook or mail.
3. Entry Period: The Sweepstakes will begin on Mon, Sep 25, 2023 at 6:00 AM Eastern Time and will end on Tuesday, Nov 21 at 11:59 PM Eastern Time with one winner to be announced from qualifying entries received during the entry period (the “Sweepstakes Period”).
4. Prize; Odds: Sponsor will award to one (1) winner a Zinnia Sun Shades Family Tent valued at $299 (“Prize”). The Prize is not transferable or redeemable for cash. There is no prize substitution, in whole or in part, except by Sponsor due to prize unavailability, safety or security considerations, or any other reason as solely determined by Sponsor, in which case a prize of comparable or greater value will be awarded. This Sweepstakes is limited to one (1) winner and one (1) Prize. The odds of winning depend on the number of eligible entries received.
5. Winner Selection: The winner of the Sweepstakes will be selected from all eligible entries received during the Sweepstakes Period in a random drawing under the supervision of the Sponsor. Sponsor will notify the winner by e-mail or by direct message from IMPACT Melanoma’s Instagram account, commenting on the winner’s photo(s) on Instagram or from the IMPACT Melanoma’s Twitter (X) account, retweeting the photo, or direct message from IMPACT Melanoma’s Facebook account. The winner must respond in writing within forty-eight (48) hours after such notice by e-mail or by sending a direct message to IMPACT Melanoma’s Instagram account, IMPACT Melanoma’s Twitter (X) account or IMPACT Melanoma’s Facebook account. Inability to contact the winner or the return of any prize notification as undeliverable will result in the Prize being forfeited. Sponsor will mail the Prize to the address specified by the winner in her/his/their email or direct message response to Sponsor. The winner will be required to sign and return an affidavit of eligibility and release before the Prize is mailed.
6. Rights in Photos: By posting a photo, Entrant represents and warrants that: (a) Entrant meets the eligibility requirements set forth herein; (b) Entrant has posted a photo of Entrant; (c) Entrant owns all rights to the photo, including, without limitation, the copyright; (d) publication of the photo via Instagram, Twitter (X), Facebook or other media will not infringe or otherwise violate any third party rights; (e) Entrant will indemnify and hold harmless the Released Parties (as defined in Section 7 below) from any claims and damages (including reasonable attorneys’ fees) arising from or relating to the breach or alleged breach of Entrant’s representations and warranties herein, Entrant’s photo, or Entrant’s conduct in taking the photo or otherwise in connection with this Sweepstakes; and (f) the Entrant appearing in the photo is at least 18 years of age or such other age of majority where Entrant resides.
By submitting a photo, Entrant irrevocably grants Sponsor and its affiliates an unlimited, worldwide, perpetual, unconditional, royalty-free, sub-licensable, non-exclusive right and license to edit, modify, adapt, distribute, post, publish, reproduce, store, copy, publicly display, exhibit and or otherwise use or reuse (without limitation as to when or to the number of times used) the photo and all elements thereof, in whole or in part, including any persons or their name, image, or likeness embodied therein (in each case, as submitted or as edited/modified in any way by Sponsor, in its sole discretion) in any way, in any and all media, now or hereafter devised, without attribution, compensation, permission or notification to Entrant, Entrant’s heirs, successors, or assigns or any other entity, and without notice, review, or approval from Entrant or any other party. Furthermore, although Sponsor is not under any legal or contractual obligation to do so, Sponsor reserves the right to review and/or edit any and all photo elements deemed by Sponsor, in its sole discretion, to be prohibited, inappropriate, offensive, infringing or otherwise unacceptable. If requested by Sponsor, each Entrant may be required to provide a signed written personal release and/or license from the Entrant and all other persons (if any) who appear in the photo submitted authorizing use of the photo as set forth above. Any releases and licenses required to be executed must be in the forms provided by Sponsor or its agent. Accordingly, Entrant agrees to sign all legal forms deemed necessary by Sponsor to establish Sponsor’s right and license in and to the photo. Released Parties are not responsible for lost, late, incomplete, invalid, or misdirected photos, photos not uploaded in accordance with instructions, or photos not received for any reason, all of which will be disqualified. By entering the Sweepstakes, Entrant acknowledges that Sponsor has no obligation to use or post Entrant’s photo. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to Entrant.
7. GENERAL: By participating in the Sweepstakes, Entrants agree: (a) to be fully and unconditionally bound by these Official Rules (the “Rules”) and decisions of Sponsor, which shall be final in all respects relating to the Sweepstakes; and (b) to release, discharge, and hold harmless Sponsor, its subsidiaries, and its affiliates (collectively, “Released Parties”) from any and all injuries, liability, losses, and damages of any kind resulting from their participation in the Sweepstakes or their acceptance, use, or misuse of any prize awarded under the Sweepstakes. By accepting the prize, the winner agrees to the use of their name in any winner’s list and agrees to be photographed, filmed, or otherwise recorded by Sponsor and/or its agents as set forth in the affidavit of eligibility and release.
Sponsor is not responsible for and shall not be liable for: (a) electronic, hardware or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or for any human, typographical, printing, or other error relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in the administration of the Sweepstakes, processing of entries, the announcement of prizes, or in any Sweepstakes-related materials; (b) failed, incomplete, garbled, or delayed computer transmissions; (c) late, lost, misdirected, or incomplete entries or postage-due mail; (d) damage to Entrants’ or any person’s computer or the contents thereof; or (e) any conditions or events that may cause the Sweepstakes to be disrupted or corrupted.
Any attempt by an Entrant to deliberately damage any web site or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
Sponsor reserves the right in its sole discretion to: (a) cancel, terminate, modify, or suspend the Sweepstakes if fraud, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity of the Sweepstakes (or portion thereof), as determined by Sponsor in its sole discretion; and (b) limit entries to those submitted prior to the action taken in (a), or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion.
In the event of a dispute as to any entry, the authorized account holder of the email address of the Instagram account or Twitter (X) account or Facebook account used to enter will be deemed to be the Entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address.
Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be: (a) tampering with the entry process or the operation of the Sweepstakes; (b) acting in violation of these Rules; (c) acting in violation of the terms of Instagram, Twitter (X), or Meta (Facebook); or (d) acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person. Sponsor reserves the right to disqualify any entry at any time in the event it is determined by the Sponsor in its sole discretion that the Entrant has not complied with these Rules.
8. Disputes: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE COMMONWEALTH OF MASSACHUSETTS, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, Entrant agrees that any and all disputes which cannot be resolved between the parties, and any and all causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in the Commonwealth of Massachusetts having jurisdiction. Further, in any such dispute, under no circumstances will Entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (i.e., costs associated with entering this Sweepstakes), and Entrant further waives all rights to have damages multiplied or increased.
10. Disclaimer: This promotion is in no way sponsored, endorsed or administered by, affiliated or associated with Meta (Facebook), Twitter (X), or Instagram. Entrant understands that Entrant is providing Entrant’s information to the Sponsor of this Sweepstakes and not to Meta (Facebook), Twitter (X), or Instagram. By participating in the Sweepstakes, each Entrant agrees to release and forever discharge Meta (Facebook), Twitter (X), and Instagram from any and all claims, demands, actions, damages, liabilities, costs, losses and expenses arising out of, or in connection with, the Sweepstakes.
11. Winners List: To obtain a copy of the winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: IMPACT Melanoma, One Concord Farms, 490 Virginia Road, Concord, MA 01742. Requests must be received no later than December 31, 2023.