Echo Giveaway Official Rules
1. ELIGIBILITY
Each Giveaway is open only to legal residents of the fifty (50) United States (including the District of Columbia) who are eighteen (18) years of age or older at the time of entry. Employees of The Echo Design Group, Inc., any subsidiaries, and its promotional partners, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Giveaway is subject to federal, state, and local laws and regulations and is void where prohibited by law. By entering the Giveaway, you agree to release the Sponsor, Facebook, Twitter and Instagram from all responsibility or liability for damages, losses or injuries of any kind resulting from participation in the Giveaway or any prize-related activities, if any, or any awarding, possession, use and/or misuse of prize(s), if any, awarded herein. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or Instagram. You are providing your information to The Echo Design Group, Inc. and not to Facebook, Twitter or Instagram.
2. SPONSOR
Each Giveaway is sponsored by The Echo Design Group, Inc., located at 10 E 40 Street, New York, NY 10016 (the “Sponsor”).
3. AGREEMENT TO OFFICIAL RULES
Participation in a Giveaway constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules, the terms and conditions of instagram.com, and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein in a timely manner.
4. ENTRY PERIOD
Each Giveaway shall begin at the date and time as instructed by the Echo Platform (each an “Entry Period”). Entries received prior to the Entry Period will be disqualified. The use of any agencies or automated software to submit entries will void all entries submitted by that person.5. ENTRY
During an Entry Period, entrants will be asked to participate in a Giveaway where the terms of entry shall be as instructed by the Echo Platform (e.g., like the submission of an entry form on the Echo Instagram page) (the “Entry”). Any additional language included by the entrant in the Entry which is deemed derogatory, libelous, or infringes the rights of another user or third party as determined by Sponsor in its sole discretion shall disqualify the entrant. There is a limit of one (1) entry per person. Subsequent entries will be void.
6. SELECTING A POTENTIAL WINNER
The Sponsor will select a potential winner from the entries received for the particular Giveaway and select a winner based on the requirements provided by the Echo Design Platform (e.g. random drawing of all entries received). The odds of being selected depend on the number of eligible entries received. The Sponsor will attempt to notify the potential winner(s) within seventy-two (72) hours following completion of the Giveaway. If a potential winner does not respond within seventy-two (72) hours after the first attempt to contact him/her, the Sponsor will select the next place winner in his/her place at random from all entries received.
7. REQUIREMENTS OF POTENTIAL WINNERS
Except where prohibited, a potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”) within fourteen (14) calendar days of being notified. If a potential winner fails to sign and return the Affidavit/Release within the required time period, an alternate entrant will be selected in his/her place in a random drawing of all entries received. If a prize is valued at $600 or more or has been awarded prizes by the Sponsor, its parent company, or subsidiaries that are valued at $600 or more in the aggregate, the potential winner will be required to fill out and return a W-9 form within fourteen (14) calendar days of being notified.
8. PRIZE(S)
The awarded winner(s) (each a “Winner”) shall receive the prize as described by the Echo Design Platform for the particular Giveaway. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value if the advertised prize is not available for any reason as determined by the Sponsor in its sole discretion. The winner is responsible for all taxes associated with the prize. Once the winner has been selected and notified, the winner shall not be entitled to transfer or sell the Prize(s) to any other third party, even in the event that such third party would otherwise have been entitled to enter a Giveaway. Should a winner sell or attempt to sell its Prize, the winner will be disqualified and Sponsor will select a new winner. The Prize is awarded “as is” and without warranty of any kind, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose.
9. PRIVACY
All information submitted as part of this Giveaway will be treated in accordance with the Sponsor’s Privacy Policy located at http://www.echoneyork.com/privacy-policy/ and the Privacy Policy of instagram.com and facebook.com where applicable. By entering the Giveaway, an entrant agrees to receive promotional materials from the Sponsor. Entrants may opt-out of receiving promotional materials as set forth in the Sponsor’s Privacy Policy.
10. PUBLICITY
Except where prohibited, participation in the Giveaway constitutes the winner’s consent to the Sponsor’s use of winner’s name, likeness, voice, opinions, biographical information, and state of residence for promotional purposes in any media without further payment or consideration,
11. GENERAL CONDITIONS
In the event that the operation, security, or administration of any Giveaway is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Giveaway to address the impairment and then resume the Giveaway in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes at random from among the eligible entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Giveaway or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to any entry, the Authorized Account Holder of e-mail address used to enter will be deemed the entrant. The Authorized Account Holder is defined as the natural person who is assigned to an Instagram account as registered by that user with instagram.com.
12. RELEASE AND LIMITATIONS OF LIABILITY
By participating in any Giveaway, entrants agree to release and hold harmless the Sponsor, its officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Giveaway or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Giveaway; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Giveaway or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Giveaway or receipt of any prize. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Giveaway, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
13. DISPUTES
Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, a Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Released Parties in connection with a Giveaway, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
14. OFFICIAL RULES AND GIVEAWAY RESULTS
A copy of these Official Rules will be included on www.echonewyork.com and the name of the winner will be posted on the applicable Echo Design Platform following the conclusion of the Giveaway.