NAE Gifts Back Sweepstakes: Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.  A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.  Void where prohibited by law and outside the United States.  Subject to all federal, state and local laws, regulations, and ordinances.  Sweepstakes begins on December 14, 2018 at 12:00 p.m. Eastern Time (“ET”) and ends on January 3, 2019 at 12:00 p.m. ET (the “Sweepstakes Period”).  Sponsor’s computer is the official time keeping device for this Sweepstakes.  THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM, INC.

1. Sweepstakes General Description: The NAE Gifts Back Sweepstakes (the “Sweepstakes”) is comprised of ten (10) separate “Giveaways.” Each Giveaway begins on the date the corresponding Giveaway Post (as defined below) is posted to Sponsor’s Instagram account and ends at the conclusion of the Sweepstakes Period.  The potential winners for each Giveaway will all be selected on or around January 3, 2019.  For more information, including specific terms, conditions, and limitations, please consult Table 1 below.

Table 1

2. Eligibility: The Sweepstakes is open to legal U.S. residents currently residing in the 50 United States including the District of Columbia who are the age of majority or older as of the date of entry.  Employees, officers, and directors of Partnership for a New American Economy Action Fund (“Sponsor”) or any of its respective parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers, web masters (collectively, the “Sweepstakes Entities”), and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win.  Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes.  Winning a prize is contingent upon fulfilling all requirements set forth herein.  All entrants must have access to the Internet prior to the start of the Sweepstakes.  Sponsor reserves the right to verify the eligibility of winners.

3. Sponsor: Partnership for a New American Economy Action Fund, 120 Park Avenue, New York, NY 10165.

4. How to Enter: On each of the ten (10) days starting December 14, 2018 through December 23, 2018, Sponsor will post on its Instagram account a photo displaying that day’s available prize (each post, a “Giveaway Post” and collectively, the “Giveaway Posts”).  To enter any Giveaway, follow the Sponsor’s Instagram account at @newamericaneconomy and, on each respective Giveaway Post, tag a friend in the comments using the hashtag #NAEGiftsBackSweepstakes.  Entrants will have from the time each Giveaway Post is posted on Sponsor’s Instagram account until the end of the Sweepstakes Period to enter for a chance to win that Giveaway Post’s corresponding prize (each, a “Giveaway Prize”).  You must be a member of Instagram and your account must be set to the “public” setting in order to participate; joining Instagram is free.  All entries must include the hashtag #NAEGiftsBackSweepstakes and tag @newamericaneconomy to be eligible.  Upon tagging a friend on a Giveaway Post, you automatically will be entered with one (1) entry into the applicable Giveaway.  Limit one (1) entry per person/email address/social media account per Giveaway Post.

Please note:  By entering in this Sweepstakes, you signify and agree that your entry and any other materials submitted in connection with this Sweepstakes may be posted on Sponsor’s website and/or other social media sites or applications associated with the Sweepstakes in a manner that is consistent with these Official Rules.  Upon submission of entry in this Sweepstakes, you agree that Sponsor may contact you via Instagram, by sending you a direct message, tagging you, posting to your social media page or naming you on Sponsor’s social media page.  You must provide all required information to be eligible to enter and win.  All potential winners are subject to verification before any prize will be awarded.

By participating in this Sweepstakes, entrant acknowledges and agrees that he or she will clearly and conspicuously disclose that he or she is participating in this Sweepstakes in the entry and any online social sharing interaction that references the Sweepstakes or that is used to obtain entries in connection with this Sweepstakes.  At a minimum, the hashtag “#NAEGiftsBackSweepstakes,” #Sweepstakesentry” or “#promoted” should be included in all social media communications sent pursuant to the Sweepstakes.  Sponsor reserves the right in its sole discretion to disqualify any entrant who does not adequately disclose his or her participation in this Sweepstakes while engaging in any online social sharing interaction during the Sweepstakes Period.

Entries, comments and content submitted or uploaded to any social media sites or other public sites in connection with this Sweepstakes (collectively, “Content Submissions”) may not contain, depict or show any content that:  (i) is sexually explicit or suggestive, offensive, lewd, profane, obscene, or contains nudity or racist innuendo; (ii) promotes any activities that may appear unsafe or dangerous, or any political agenda or message; (iii) defames, misrepresents or contains disparaging remarks about Sponsor or other companies; (iv) contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) or copyrighted materials (including photographs, sculptures, paintings, and other works of art or images published via websites, television, movies or other media) owned by others, without permission; (v) contains any personal identification other than Instagram handle, such as license plate numbers, last names (first names are permitted), e-mail addresses or street addresses for any person other than entrant, or otherwise infringes on the privacy of any person other than an entrant; (vi) communicates messages or images inconsistent with the positive image and good will of Sponsor’s brand; and/or (vii) violates any law.  Any Content Submissions that contain, depict or show such content; that exceed any required file size or length limits imposed by the Sweepstakes Entities or any third party social media site; and/or that violate these Content Submission requirements and/or the terms of these Official Rules will be disqualified.  The Sweepstakes Entities reserve the right in their sole and unfettered discretion to disqualify any Content Submission that they believe is inappropriate or not suitable for publication, that does not comply with these Official Rules, or that is not consistent with the spirit or theme of the Sweepstakes.

If the Content Submission contains an identifiable person other than the entrant who submitted the Content Submission, by submitting the Content Submission, the entrant represents and warrants that he/she has obtained the consent of such person to the use of the Content Submission as outlined herein and such person may be required to provide written consent to the Sweepstakes Entities’ use of the Content Submission.

By submitting a Content Submission, entrant explicitly acknowledges and agrees that the Sponsor and its legal representatives, successors and assigns shall have the irrevocable, worldwide right in perpetuity to license, sub-license, edit, alter, post, reproduce, publicly display and publish, in any media, including online, any or all material which you upload to any websites (including, without limitation, social media sites) associated with the Sweepstakes, with or without first and/or last name credit to the entrant without any additional consideration or approvals from or to entrant; and Content Submissions that attempt to restrict this right will not be considered.  Each entrant warrants and represents that his/her Content Submission is original, has not been previously published or won any award, complies with any applicable community guidelines, terms of use, and any other binding terms on Instagram, does not contain any material that would defame or otherwise violate or infringe upon the rights of any third party, including patents, copyrights, trademarks or rights of privacy or publicity, complies with these Official Rules, and will not violate any federal, state or local laws or ordinances.

Entries that do not include any required hashtag and @newamericaneconomy messages not received by Sponsor will not be eligible and will be disqualified.  Bulk, automated and/or third party entries are prohibited and will be disqualified.  Multiple participants are not permitted to share the same Instagram account.  Any attempt by any participant to obtain more than the stated number of entries by using multiple and/or different identities, forms, registrations, email addresses, logins, or any other methods will void that participant’s entries, and that participant may be disqualified at Sponsor’s discretion.  In the event of a dispute as to any entry, the authorized account holder of the email address associated with the pertinent Instagram account 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 or other organization responsible for assigning email addresses for the domain associated with the submitted address.  Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize.  Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion.  All potential winners are subject to verification before any prize will be awarded.  Normal Internet access, phone, and usage charges imposed by your online or phone service may apply.

5. Selection of winners: On or around January 3, 2019, Sponsor will select one (1) winner for each Giveaway and its corresponding Giveaway Prize, for a total of ten (10) drawings and ten (10) Giveaway Prize winners.  In each drawing, Sponsor will select the names of the potential Giveaway Prize winners at random from among all eligible entries received for the corresponding Giveaway Post.  For each Giveaway, the odds of winning are based on the number of eligible entries received.  The potential Giveaway Prize winners will be notified via Instagram direct message.  Except where legally prohibited, each potential Giveaway Prize winner must sign and return, within seven (7) days of being notified, a Declaration of Eligibility, Liability & Publicity Release in order to claim his/her prize.  If a potential Giveaway Prize winner cannot be contacted in person via Instagram direct message after the first attempt to contact him/her, or if he/she fails to sign and return the Declaration of Eligibility, Liability & Publicity Release or other required document within the required time period (if applicable), or in the event that a potential Giveaway Prize winner is disqualified for any reason, Sponsor will award the applicable Giveaway Prize to an alternate winner selected by a random drawing from among all remaining eligible entries received for the corresponding Giveaway Post.  Only three (3) alternate drawings will be held per Giveaway Prize, after which any remaining prizes will remain un-awarded.

Verification of Potential Winners:  ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES.  AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.

6. Prizes: One (1) Giveaway Prize will be awarded per drawing, for a total of ten (10) Giveaway Prizes.  For a description of the Giveaway Prizes, including their Approximate Retail Values (“ARV”), please see Table 1 above. Total ARV of all prizes to be awarded:  $1,054.00.  Limit one (1) prize per person and per household.  If an entrant or a member of entrant’s household is selected to win in a particular Giveaway drawing, entrant and/or any other members of entrant’s household will be ineligible to win in any subsequent Giveaway drawing.

Prize Restrictions:  NO TRANSPORTATION FOR ANY GIVEAWAY PRIZE WILL BE PROVIDED FOR ANY PRIZE WINNER, TAGGED FRIEND, OR WINNER’S GUEST.  GIVEAWAY PRIZE WINNERS, TAGGED FRIENDS, AND WINNERS’ GUESTS ARE SOLELY RESPONSIBLE FOR THEIR OWN TRANSPORTATION.  Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prizes not specifically stated herein are the sole responsibility of the individual prize winner.  Giveaway Prizes cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion.  Sponsor will not replace any lost or stolen prizes.  Giveaway Prizes cannot be used in conjunction with any other Sweepstakes or offer.

7. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion.  Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise.  Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

WARNING:  ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.  Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any website associated with the Sweepstakes, and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person.  If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Sweepstakes or suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.

8. Release and Limitations of Liability: By participating in this Sweepstakes, entrants agree that Sponsor, Instagram, and their affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives and agents (the “Released Parties”) are not responsible for:  (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any 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 Sweepstakes or receipt or use or misuse of any prize.  No more than the stated number of prizes will be awarded.  In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.

BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY.  THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE WEBSITE AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.  CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

9. Publicity Release. EXCEPT WHERE PROHIBITED BY LAW, WINNERS GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), ITS SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND SWEEPSTAKES AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING, BUT NOT LIMITED TO, THE WORLD WIDE WEB, AT ANY TIME OR TIMES, EACH WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.

10. Disputes. Except where prohibited, 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 the United States District Court for the Southern District of New York or the appropriate State Court located in New York County, New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, 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.

11. Privacy: Any personal information sent to, shared with or collected by Sponsor in connection with this Sweepstakes is subject to Sponsor’s Privacy Policy found at https://www.newamericaneconomy.org/privacy-policy/ and you understand that you are providing such information to Sponsor and not to Instagram, Inc.

12. Official Rules and Winners List: For a copy of these Official Rules, visit https://www.newamericaneconomy.org/admin/nae-gifts-back-sweepstakes before April 5, 2019.  For a list of winners available after January 5, 2019 and until April 5, 2019, send an email to Mark Benavides at: [email protected].

Copyright ©2018 Partnership for a New American Economy Action Fund.  All trademarks used herein are the intellectual property of their respective owners.  All rights reserved.