Emily Ratajkowski Sweepstakes

Official Rules + Terms & Conditions

“Emily Ratajkowski” Sweepstakes

OFFICIAL RULES + TERMS & CONDITIONS 

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE YOUR CHANCE OF WINNING. 

 This Sweepstakes is intended for legal residents of the 50 United States and the District of Columbia, Canada (excluding residents of Quebec) and the United Kingdom.

 Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram. 

 SWEEPSTAKES DESCRIPTION AND ENTRY DATE: The Emily Ratajkowski Giveaway (the “Sweepstakes” a/k/a “Competition”) entry period begins on Monday, September 14, 2020 at 4:30:00 Pacific Time (“PT”) and ends at 12:00 p.m. PT on Tuesday, September 16, 2020 (the “Sweepstakes Period”). Entry in the Sweepstakes does not constitute entry into any other promotion, contest, competition or sweepstakes. There will be one (1) drawing (“Random Draw”) to award two (2) prizes (each a “Prize”) on or about Tuesday, February 18, 2020 from all eligible entries received during the Sweepstakes Period. By participating in the Sweepstakes, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Charitable, LLC, 848 North Rainbow Blvd, Suite 4763, Las Vegas, NV 89107 USA (“Sponsor”), and COHEN-FRIEDBERG ASSOCIATES, LLC, Framingham, MA 01702 USA www.cfapromo.com (the “Administrator”), (collectively c“Sweepstakes Entities”), whose decisions shall be final and legally binding in all respects and not subject to further review in any forum.

ELIGIBILITY: This Sweepstakes is open to legal residents of the 50 United States and the District of Columbia, legal residents of Canada (excluding residents of Quebec), and  legal residents of the United Kingdom, who are at least eighteen (18) years of age (OR THE AGE OF MAJORITY IN YOUR STATE/PROVINCE OF RESIDENCE, WHICHEVER IS OLDER) at the time of Entry (“Entrant”). The name of the “authorized account holder” associated with any given Instagram address will be deemed to be the “Entrant” and must comply with all Official Rules and proof of “authorized account holder” may be required by Sweepstakes Entities.  By submitting an Entry, you hereby release Sweepstakes Entities, Instagram, and all of their respective affiliated entities, and all of their shareholders, officers, directors, employees, agents, attorneys, successors and assigns from any and all claims relating to your Entry, including without limitation, claims arising from the risk of misdirection or failed delivery of your Entry. Sweepstakes Entities, and each of their respective parents, subsidiaries, affiliates, advertising/promotion/fulfillment agencies, and any and all other companies associated with the Sweepstakes (collectively, the “Promotional Entities”), and each of their immediate family members (spouse, parent, child, sibling, and their respective spouses and children regardless of where they reside) and/or people living in the same household, whether or not related, are not eligible to enter or win. All Entries submitted are the property of the Sponsor. The Sponsor’s database clock will be the timekeeper for this Sweepstakes. This Sweepstakes shall be void where prohibited by law or regulation, and all eligibility is subject to all federal, state, province, and local laws and regulations.

HOW TO ENTER:

You may enter this Sweepstakes via Instagram.

 Social Media Notes:  BY SUBMITTING AN ENTRY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND FULLY AGREE TO THESE OFFICIAL RULES. DO NOT SUBMIT AN ENTRY WITHOUT FIRST REVIEWING ALL OFFICIAL RULES. 

 To be eligible for the Sweepstakes, entries must be submitted in compliance with the format and other requirements set forth on the website/platform where persons may submit Entries; such requirements being made a part of these Official Rules and incorporated herein by reference. To view Instagram’s terms and conditions visit https://help.instagram.com/478745558852511/ 

 If your social media account is set to “protected mode” or “private” your Entry may not be visible and thus may not be received by Sponsor or eligible for a prize. Your Entry method must be set to “public” and you must be following the @charitableprizes social handle in order to receive a direct message, should you be randomly selected as a prize winner. Your profile must be public for the duration of the Sweepstakes Period.            

If you opt to access the Sweepstakes via your wireless mobile device (only available via participating wireless carriers), data rates may apply for each message sent or received from your device according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone/device bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes. Mobile device service may not be available in all areas. Check your mobile device’s capabilities for specific instructions. Sponsor is not responsible for any charges.  

 Follow these steps to submit an Entry:

 You may enter this Sweepstakes via Instagram.

  1. The Sweepstakes will be announced on Instagram by @Emrata https://www.instagram.com/emrata/ (“Co-Host”). 
  1. Entrants must then follow ALL of the Instagram accounts that the Co-Host is following.
  1. Once you have followed all, you must return to the post and @ mention “who you’d share this with OR will you keep it all for yourself?” Limit one (1) entry per Entrant. 

*An alternate means of entry option to obtain one (1) Sweepstakes entry is completing the Sweepstakes registration form available at https://www.charitable.com/Emily-Ratajkowski/amoe/ 

Limit one (1) entry per Entrant, regardless of method of entry. Limit: One (1) Prize per person or household. All entries should adhere to the Instagram Guidelines and their Terms of Service that are posted on the Instagram website, www.instagram.com.  By submitting an entry via Instagram.com, each Entrant consents to receive from the Sponsor an Instagram comment, if applicable, an email notifying such Entrant that he/she is a potential Prize Winner. Entrants must enter the Sweepstakes using a personally-registered Instagram account. Any Entrant found to be using the Instagram account of a group, company, or other association, may be disqualified.

ENTRY NOTES:

ENTRIES MUST COMPLY WITH ALL GUIDELINES AND ALL OTHER OFFICIAL RULES. All Entries are subject to verification and approval by the Sponsor. Entries that do not meet the requirements specified or otherwise do not comply with the Official Rules herein may be disqualified. Any attempted form of entry other than as described herein is void. Sponsor will determine, in its sole discretion, what constitutes a valid Entry. All materials submitted become the property of the Sponsor and will not be returned or acknowledged.

  1. Entries made on another’s behalf by any individuals or other entities, including but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for this Sweepstakes. Tampering with the Entry process or the operation of the Sweepstakes is prohibited and any Entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an Entry cannot be resolved to Sponsor’s satisfaction, the affected Entry will be deemed ineligible. By entering, all participants and Entrants release the Sweepstakes Entities and their parent, subsidiary and affiliated entities including all of their respective shareholders, officers, directors, employees, agents, attorneys, successors and assigns from and against all claims and damages arising out of or in connection with each Entrant’s participation and Entry in this Sweepstakes and his/her receipt or use of the prize awarded in this Sweepstakes.
  1. Sponsor reserves the right to cancel or modify the Sweepstakes if fraud or technical failures impair the integrity of the Sweepstakes as determined by the Sponsor, in its sole discretion, and may award any prizes based on eligible Entries received prior to the cancellation.  In the event an insufficient number of eligible Entries are received or Sponsor is prevented from awarding the prize or continuing with the Sweepstakes as contemplated herein by any event beyond Sponsor’s control, including but not limited to, fire, flood, natural or manmade epidemic of health or other means, earthquake, explosion, labor despite or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state, province or local government law, order or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a Force Majeure” event or occurrence), the Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes.  If the Sweepstakes is terminated before the end of the Sweepstakes Period, Sponsor will (if possible) award prizes to selected eligible Entries. Only the type and quantity of prize described in these Official Rules will be awarded.
  1. Sponsor is not responsible for problems downloading or uploading any Entry-related information or for any other technical malfunctions of electronic equipment, computer on-line systems, servers or providers, computer hardware or software failures, phone lines, failure of any Entry to be received by Sponsor on account of technical problems, traffic congestion on the internet, or any other technical problems related to Entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an Entrant’s ability to participate in this Sweepstakes.

PROHIBITED CONTENT:  Entries must not violate the rights of any other party, including but not limited to intellectual property rights or rights of privacy/publicity. Entries may not contain, as determined by the Sponsor, in its sole discretion, any material that:

  1. a) is sexually explicit or suggestive; is violent or derogatory of any ethnic, racial, gender, religious, professional or age group; is profane or pornographic; contains nudity; 
  1. b) promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message; 
  1. c) is obscene or offensive; endorses any form of hate or hate group; appears to duplicate any other Entry submission; 
  1. d) defames, misrepresents or contains disparaging remarks about other people, products or companies;
  1. e) contains any personal identification, such as license plate identification, personal names or e-mail addresses; 
  1. f) contains any unauthorized third-party products or trademarks;
  1. g) communicates messages or images inconsistent with the positive images and/or good will to which the Sponsor wishes to associate; 
  1. h) infringes the rights of any third-party (living or deceased);
  1. i) violates any law; and/or
  1. j) promotes any direct competitor to Charitable.com.

Use of Data. Sponsor will be collecting personal data about Entrants online, in accordance with its privacy policy. Please review Sponsor’s privacy policy https://www.charitable.com/privacy-policy/. By participating in the Sweepstakes, Entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.

Note to residents of Canada and the United Kingdom: Your personal data will be transferred to the United States. Pursuant to EU law pertaining to data collection and processing, as a Canadian or United Kingdom resident, you have a right of access to, modification and withdrawal of your personal data. You also have the right of opposition to the data collection, under certain circumstances. To exercise such right, you may write to: Charitable, LLC, Data Modification, 848 N. Rainbow, Suite 4763, Las Vegas, NV 89107 USA. The data controller and the data recipient is Sponsor (a/k/a Promoter). 

LICENSE:  By submitting an Entry, participants grant Sponsor and/or its agents, if any, a perpetual, worldwide, irrevocable, royalty-free license to transform, edit, modify, reproduce, record, copy, exhibit distribute, transmit, publish, broadcast, perform, merchandise, sublicense, adapt, display, or otherwise use the photo with or without modifications, in any way in any form or medium whether now existing or later developed, without limitation and without any compensation to the Entrant. Submission of an Entry further constitutes the Entrant’s consent to irrevocably assign and transfer to Sponsor any and all rights, title and interest in the Entry, including, without limitation, all copyrights.  

RANDOM DRAW: A random drawing will be conducted on or about Friday, September 18, 2020 from all eligible Entries received during the Sweepstakes Period by the Sponsor or Administrator to select two (2) Prize Winners. 

Potential winners will be contacted by the Administrator via Instagram based on the Entry submission, requesting Entrant’s e-mail, full name, complete mailing address, age, and phone number. The potential winner will be notified within two (2) business days of the drawing. 

If, despite reasonable efforts, any potential winner does not respond within two (2) business days of the first notification attempt, or if the prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate potential winner may be selected. If any potential winner is found to be ineligible, including if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential prize winner will be disqualified and an alternate potential winner may be selected.  

Once the Entry and Entrant eligibility has been verified and the Sweepstakes Drawing Administrator receives the winner’s mailing address, the Sweepstakes Drawing Administrator will arrange to award the prize. Neither Sponsor nor any of its subsidiaries or affiliates nor any of their respective officers, directors, employees or agents shall be liable for any unsuccessful efforts to notify or communicate with a potential winner. 

NOTE If a winner is from Canada: If a potential winner resides in Canada, entrant will be required to first correctly answer a mathematical skill testing question without assistance of any kind (whether mechanical or otherwise) within a 2-minute time limit in order to be eligible to win prize. The question will be administered by phone within seven (7) business days following the drawing. If entrant cannot be contacted and the skill testing question administered, or if the entrant answers the question incorrectly, the prize will be forfeited and an alternate entrant will be selected. Once the skill testing question has been answered correctly, potential winner will be required to sign (a) an Declaration of Eligibility; (b) an Agreement of Publicity (except where prohibited); (c) a liability release; and (d) return each of the properly executed documents to the Administrator within seven (7) calendar days of attempted notification. A potential winner who satisfies all of the Competition requirements, including, without limitation, those set forth in this paragraph, will be designated the official winner (the “Winner”). 

GENERAL PRIZE RESTRICTIONS/CONDITIONS: By entering, each Entrant agrees on behalf of itself and each of Entrant’s heirs, executors, and administrators: (A) TO RELEASE AND HOLD HARMLESS SWEEPSTAKES ENTITIES, PROMOTIONAL ENTITIES, INSTAGRAM, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, INSURERS, PARENTS, SUBSIDIARIES, DIVISIONS, AFFILIATES, PREDECESSORS, SUCCESSORS, REPRESENTATIVES, AND LEGAL ADVISORS (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 the Sweepstakes and/or his/her acceptance, possession, use, or misuse of prize or any portion thereof; (B) 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, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose; and (C) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of the Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsor’s sole discretion. 

PRIZES/ODDS OF WINNING: Only the prizes listed below will be awarded in the Sweepstakes. Odds of winning depend on the number of eligible entries received during the Sweepstakes Period.  

– One (1) Grand Prize: $15,000 USD. Prize awarded in the form of a check payable to the winner.

– One (1) First Prize: $7,500 USD. Prize awarded in the form of a check payable to the winner.

– One (1) Second Prize: $2,500 USD. Prize awarded in the form of a check payable to the winner.

Total approximate retail value of all prizes is $25,000 USD or €18,683.75 GBP or $32,679.50 CAD (as of 9/01/20).  LIMIT: One (1) prize per person or household. No substitution of an awarded prize is permitted except by Sponsor.  All expenses and costs associated with prize acceptance and use not expressly stated in the description provided herein are the sole responsibility of winner (U.S. only-including all federal, state and local taxes).  

Prize is provided on an “as is” basis, without any warranty of any kind. Prize is not transferable. Sponsor in its sole discretion reserves the right to substitute a prize (or portion thereof) of equal or greater value if the advertised prize (or portion thereof) becomes unavailable. All details of any prize not specified herein shall be determined solely by Sponsor.

WINNER DOCUMENTS: Winner will be required to sign (a) an Affidavit of Eligibility (U.S.) Declaration (UK and CA), (b) an Agreement of Publicity (granting Sponsor the right to use the name and image of the winner for advertising and promotion purposes), (c) a liability release, and (d) a Form W-9, Request for Taxpayer Identification Number Certification (U.S. only), and return each of the properly executed documents to the Administrator within five (5) calendar days (U.S. and Canada) fourteen (14) calendar Days (Ireland), of attempted notification as a condition of awarding the Prize. A potential winner who satisfies all of the Sweepstakes requirements will be designated the official winner. Sponsor and or Administrator will not replace any lost, mutilated, or stolen Prizes. 

As part of the winner’s documentation, the winner is requested to take and send an “I Won” photo to the Sponsor.

Each winner’s acceptance of a prize constitutes permission (except where prohibited) for the Sponsor to use the winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state) for any and all public relations, advertising and/or promotional purposes as determined by Sponsor, in all forms of media and by all manners (now and hereafter known), in perpetuity, without notice, consent, review or approval or further compensation. The prize winner understands and agrees that any Prize award ceremony may be videotaped/photographed. Rights to any Prize award ceremony video/photo belong solely to the Sponsor and can be used in any media at their sole discretion.

Winner will receive an Internal Revenue Service Form 1099-MISC for the actual value of the Prize from the Administrator at the end of the calendar year in which the Prize is awarded, and a copy of such form will be filed with the IRS (U.S. Only).  All other costs and expenses not specified herein, if any, are the responsibility of the winner. Prizes are non-assignable and non-transferable. All details and other restrictions of any Prize not specified in these Official Rules will be determined by Sponsor in its sole discretion. All Prizes will be awarded provided a sufficient number of eligible Entries are received.

DISQUALIFICATION: Sponsor reserves the right in its sole discretion to disqualify any individual and Entrant who is found to be tampering with the Entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

LIMITATION OF LIABILITY: The Released Parties are not responsible for, and Entrant hereby releases the Released Parties from any claims arising from or in any way relating to any errors or problems of any kind whether mechanical, human, technical, electronic or otherwise, including but not limited to: (i) the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the Entry process or the Sweepstakes; (iv) electronic or human error which may occur in the administration of the Sweepstakes or the processing of Entries; (v) printing, typographical or other errors appearing within these Official Rules or in any Sweepstakes-related advertisements or materials; (vi) any injury or damage to persons or property, including but not limited to Entrant’s computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes, (vii) use of any prize; and (viii) the prize award process including the outcome of the Sweepstakes.

ARBITRATION/GOVERNING LAW U.S.: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrants, Sweepstakes Entities, and Promotion Entities in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the United States and the State of Nevada, without giving effect to any choice of law or conflict of law rules or provisions.  Except where prohibited by law, as a condition of participation in this Sweepstakes, Entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of, or connected with, this Sweepstakes or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; (3) judgment upon such arbitration award may be entered in any court having jurisdiction, (4) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs, but in no event including attorneys’ fees, disbursements or arbitration costs; and (5) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental and consequential damages, and any other damages, other than for actual out-of-pocket costs, and Entrant further waives all rights to have damages multiplied or increased.

      GOVERNING LAW & PRIVACY U.K. ENTRANTS: Any personal data submitted as part of the Sweepstakes will be stored and processed on behalf of the Sponsor as data controller in accordance with applicable data protection laws. Entrants agree that such data may be used for the purposes of administering the Sweepstakes, to contact winners of the Sweepstakes and for such other purposes as stated in these Official Rules. A request to access, update or correct any information should be directed to the Sponsor at the address set out in below:

Data Controller – The Sponsor is the “Data Controller” in relation to processing personal data of participants to the Sweepstakes. Please note that this Privacy Policy remains without prejudice to the processing of the participants’ personal data. See the data controller’s privacy policy at the https://www.charitable.com/privacy-policy/.

Purposes for processing personal data in this Sweepstakes – The Sponsor collects the personal data of participants exclusively for the purposes of organizing the management of the Sweepstakes and communicating with participants and other related projects run by the Sponsor. Personal data provided by participants shall only be used in accordance with this Privacy Policy. As permitted in accordance with applicable laws, Sponsor may use participant’s data to contact them in connection with the Sweepstakes and for publicity purposes as stated above.

Retention of data – The Sponsor will not keep Personal Data relating to participants the participation in the Sweepstakes for longer than is necessary for the purposes determined above. Data relating to participants will be retained by the Sponsor for a reasonable period after the Sweepstakes finishes to assist the Sponsor in operating the Sweepstakes in a consistent manner and to deal with any queries relating to the Sweepstakes.

Third parties – for the purposes of organization and management of the Sweepstakes, the collected personal data will be transferred to selected third parties (for example, the Administrator) in accordance with and as permitted by law. These third parties will not use your personal information for any other purposes than what Sponsor has agreed with them. The Sponsor requests those third parties implement adequate levels of protection in order to safeguard your personal information. Except as set out in this privacy policy, the Sponsor will not disclose any personally identifiable information without your permission unless the Sponsor is legally entitled or required to do so (for example, if required to do so by legal process or for the purposes of prevention of fraud or other crime) or if the Sponsor believes that such action is necessary to protect and/or defend our rights, property or personal safety and those of our users/customers or other individuals. 

Collection of information – the Sponsor may automatically collect information about you such as the type of internet browsers you use or the website from which you linked to the application or the Sponsor’s website. The Sponsor may also aggregate details which you have submitted to the site (for example, your age and the town where you live). You cannot be identified from this information and it is only used to assist the Sponsor in providing an effective service for the purposes of the Sweepstakes. 

Security of personal data – The Sponsor has implemented technology and policies with the objective of protecting your privacy from unauthorized access and improper use and will update these measures as new technology becomes available, as appropriate.

Contact Us – A request to access, update or correct any information should be directed to the Sponsor of the Sweepstakes.

Winners List: For the name of the prize winners (available after 9/20/20), send a self-addressed appropriately stamped envelope to: Emily Ratajkowski Giveaway Winners, PO Box 2312, Framingham, MA 01703-2312 USA. Requests must be received within thirty (30) days of the announcement date of the winners.

 

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DISCLAIMER: Charitable, LLC is not endorsed by or affiliated with Instagram. Our promotions are in no way sponsored, endorsed or administered by, or associated with, Instagram. But we do love Instagram.

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. WE DO NOT SOLICIT OR ACCEPT ANY PAYMENTS FOR ENTRY, HOWEVER REGARDLESS, A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. PARTICIPATION CONSTITUTES PARTICIPANT’S FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF OUR “OFFICIAL RULES” FOUND IN OUR TERMS & CONDITIONS. VOID WHERE PROHIBITED.