You agree that personal data submitted with an entry (including, without limitation, name and e-mail address) may be collected, processed, stored, and otherwise used by Sponsor, Participating Brands, and their affiliates for the purposes of conducting and administering the Giveaway. You also agree that any personal data submitted by you in connection with an entry may be used in connection with Sponsor’s and Participating Brands’ promotional, marketing, and advertising purposes. Without limitation, Sponsor and Participating Brands may from time to time use your personal information to send you updates on themselves and their products, as well as promotional materials. By entering this Giveaway, you fully and unconditionally agree to the terms of Sponsor’s and Participating Brands’ privacy policies, links to which are provided below:
Release, Indemnification, and Acknowledgement of Disclaimer of Warranties. By entering the Giveaway, and to the maximum extent permitted by law, you agree to release, defend, indemnify and hold harmless Sponsor, each Participating Brand, each of Sponsor’s and the Participating Brands’ subsidiaries, affiliates, distributors, and suppliers, and their respective employees, officers, directors, agents, and representatives from and against any and all claims, actions, suits, proceedings, losses, liabilities, damages, fines, costs, and/or expenses (including, without limitation, reasonable attorney fees) arising out of or relating to: (i) any misrepresentation you make in connection with the Giveaway; (ii) any non-compliance by you with these Rules; (iii) claims brought by persons or entities other than the parties to these Rules arising from or related to your or other entrants’ entry into or involvement with the Giveaway; (iv) acceptance, possession, misuse, or use of any prize or participation in any Giveaway-related activity or participation in the Giveaway; (v) any malfunction or other problem with Instagram, Facebook, or Sponsor’s or any Participating Brand’s e-mail or computer systems in relation to the entry and participation in the Giveaway by you; (vi) any error in the collection, processing, or retention of entry in relation to the entry and participation in the Giveaway by you; or (vii) any typographical or other error in the printing, offering, or announcement of any prize or winners in relation to your entry and participation in the Giveaway.
You further agree to release, defend, indemnify, and hold harmless Sponsor, each of Sponsor’s subsidiaries, affiliates, distributors, and suppliers, and their respective employees, officers, directors, agents, and representatives from and against any and all claims, actions, suits, proceedings, losses, liabilities, damages, injuries (including death and/or disability), property damage, fines, costs, and expenses (including, without limitation, reasonable attorney fees) arising out of or relating in any way to: (i) any prize provided by any Participating Brand or the use or misuse of any such prize; and (ii) the handling, mishandling, use, or sale of your personal data by any Participating Brand. Sponsor does not provide and hereby expressly disclaims any and all warranties of any kind (including, without limitation, warranties regarding the condition, safety, or fitness for a particular purpose) regarding any prize sold, manufactured, distributed, or provided by any Participating Brand. You further acknowledge that Sponsor expressly disclaims any warranties regarding and is not responsible for the safety, quality, value, fitness, or proper use of any prize provided by a Participating Brand.
Sponsor reserves the right, in its sole discretion and without prior notice, to suspend or cancel the Giveaway or alter these Rules for any reason, including but not limited to alteration or corruption of the administration of the Giveaway by computer virus, technical problem, or other unexpected or unforeseeable event.
Forum, Choice of Law, and Recourse to Judicial Procedures. These Rules shall be governed by, subject to, and construed in accordance with the laws of the State of Idaho (without regard to its choice of law provisions). You acknowledge and agree that any action relating to or arising from these Rules or the Giveaway shall be commenced and conducted only in a federal or state court with subject matter jurisdiction in Ada County, Idaho. You hereby waive any personal jurisdiction challenges and waive any arguments based on forum non conveniens.
Miscellaneous. If any provision(s) of these Rules is held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. The party prevailing in any suit seeking the interpretation or enforcement of any provision of these Rules shall recover its reasonable attorneys’ fees incurred.
This promotion is in no way sponsored, endorsed, or administered by, or otherwise associated with, Instagram or Facebook.
BY PARTICIPATING IN THE GIVEAWAY, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE RULES, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.