Official Rules: Summer By Texture® Giveaway
All entrants must be at least 18 years of age. Texture (“Sponsor”) retains the rights, but not the responsibility, to edit or remove any User Generated Content (“UGC”), or report inappropriate UGC to Instagram or Twitter, as applicable.
Your UGC is not confidential or proprietary. You grant to the Sponsor a non-exclusive, non-revocable, worldwide, perpetual right to use your UGC in any manner or media now or later developed, including the right to change, create derivative works, sublicense, assign and commercialize without any payment due to you.
You are responsible for ensuring that any UGC that you post does not, and will not, violate the rights of any third party rights of any kind. You warrant and represent that you own or control all rights in any UGC that you submit.
The Giveaway Sponsor is Texture.
Entry into the Giveaway begins on June 1st, 2016, at 9:00:00 a.m. PDT and ends on June 30, 2016, at 11:59:59 p.m. PDT (the “Entry Period”).
Giveaway is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old. Employees, the Sponsors, their respective parent and affiliate companies and advertising and promotion agencies, as well as members of the immediate families (spouses, parents, siblings and children, and each of their respective spouse, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate. The Giveaway is subject to all applicable federal, state, and local laws and regulations. Void outside the 50 United States and the District of Columbia and where prohibited. Entrants are responsible for complying with these Official Rules.
- How to Enter
NO PURCHASE IS NECESSARY, AND A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. You can enter via any of the following methods:
1) Visit http://bit.ly/1TCJS2P and select “Submit an Entry.”Follow the instructions upload a photo, add a caption, and agree to the Official Rules.
2) Post a photo on Instagram or Twitter. Tag @texture and use the hashtag #SummerByTexture in your post. The official basis for entrance into the Giveaway shall be the use of the hashtag #SummerByTexture; failure to tag @texture will not disqualify an entry. Each entrant may enter five (5) times over the course of the Entry Period. Should any entrant submit more than five (5) photos, such entrant will not be disqualified, but shall receive only five (5) eligible entries into the giveaway.
Winner subject to verification of eligibility.
No photos will be acknowledged or returned. By entering photo or photos in this Giveaway, Entrant grants a non-exclusive, non-revocable, worldwide, perpetual right to the Sponsor to edit, adapt and publish such photos in connection with the Giveaway and promotion of the Giveaway, and the Sponsor may use the photos in connection with the Giveaway and promotion of the Giveaway for advertising, marketing and promotional purposes in commerce and in any and all media now known or hereafter known throughout the world in perpetuity, without attribution, compensation, permission or further notification to the entrant, his/her successors or assigns, or any other entity, unless prohibited by law. Except for the foregoing license, the Sponsor does not claim ownership of any copyright in Entrant Submissions. By entering the Giveaway, Entrant waives any rights to inspect or approve any copy that is used in connection with the photograph(s), video(s) and social media update(s) and release the Sponsor from any and all claims arising out of use by the Sponsor for the purposes stated above, including any claims for libel, invasion of privacy or breach of copyright. The Sponsor is not responsible for lost, late, incomplete, invalid, damaged, misdirected, or blurred or otherwise indiscernible photos, which shall be disqualified.
Each entry must comply with the following requirements (the “Status Requirements”)
- use the following tag: #SummerByTexture, @texture (The official basis for entrance into the Giveaway shall be the use of the hashtag #SummerByTexture; failure to tag @texture will not disqualify an entry.)
The photograph(s), video(s) and status update(s) must NOT contain:
- Nudity, lewd or vulgar behavior;
- Material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights;
- Images and/or artwork that that are copyrighted, trademarked, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material;
- Gratuitous violence;
- Dangerous stunts;
- Real weapons of any kind, including, but not limited to, guns, knives or projectiles;
- Drug use;
- Material that is hateful, tortuous, defamatory, slanderous or libelous;
- Material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any other basis protected by Federal, State, or Local Law, Ordinance, or Regulation; and
- Material that is unlawful, in violation of or contrary to the laws or regulations in any state where the Submission is created.
Failure of any entry to comply with the above restrictions, as determined by Sponsors in their sole discretion, will result in disqualification.
All entries must be submitted and received by June 30, 2016, at 11:59:59 p.m. PDT. Proof of submission is not proof of receipt. Sponsors reserve the right to examine the original photographs, videos, submitted/source material in order to confirm compliance with these Rules.
- Giveaway Prize
A total of four (4) winners will be awarded an iPad Air 2 ($349.99 value), along with a promo code for 30 days of Texture Premium ($14.99 value), redeemable at www.texture.com/redeem.
Each winner will be responsible for paying all costs and expenses related to the prize that are not specifically mentioned, including, but not limited to taxes and any other expenses that might reasonably be incurred by a winner in receiving or using the prize.
- Winner Determination
Winners will be picked randomly from all qualifying entries. Winners subject to verification of eligibility.
- Winner Requirements
One winner will be notified via email, Instagram, or Twitter at the end of each week during June, at which point winner must provide personally identifying information (full name, phone number and mailing address) in order to receive the prizes via mail. If any potential winner is disqualified for any reason, another winner will be randomly drawn. Acceptance of prize shall constitute and signify winner’s agreement and consent that Sponsors may use the winner’s name, city, state, likeness, Giveaway entry photo and/or prize information in connection with the Giveaway, in commerce and in all media worldwide, including the Internet, without limitation and without further payment or consideration, except where prohibited by law.
- Limitation of Liability
By entering this Giveaway, all entrants agree to release, discharge, and hold harmless Sponsor and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Giveaway or receipt or use or misuse of any prize.
Sponsor assumes no responsibility for any of the following in connection with the Giveaway: any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to Giveaway entries; or alteration of entries. Sponsor is further not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email entry to be received on account of technical problems or traffic congestion on the Internet or at any website, human errors of any kind, fraud by any entrant, or any combination thereof, including without limitation any injury or damage to entrants’ or any other persons’ computers related to or resulting from participation, uploading or downloading of any materials in this Giveaway.
THIS GIVEAWAY IS VOID OUTSIDE THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA, AND WHERE PROHIBITED. Entrants agree that this Giveaway shall be subject to and governed by the laws of the state of California and the forum for any dispute related to the Giveaway shall be in California. To the extent permitted by law, the right of Giveaway entrants to litigate, to seek injunctive relief or to make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or on connection with this Giveaway are hereby excluded and any entrant expressly waives any and all such rights. Certain restrictions may apply in some jurisdictions. Entries void if the Sponsors determine the photograph to not be an original, or if the entries are illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error, obtained through fraud or theft or otherwise non-compliant with these Official Rules.
By participating, entrants also agree (a) to be bound by these Official Rules; and (b) that the decisions of the Sponsor are final and binding with respect to all matters relating to the Giveaway. The Sponsor reserves the right to verify the validity and originality of any entry and/or entrant (including an entrant’s identity and address), and to disqualify any entrant who submits an entry that is not in accordance with these Official Rules or who tampers with the entry process. Failure by the Sponsor to enforce any of its rights at any stage does not constitute a waiver of those rights.
- Right to Cancel or Suspend Giveaway
If for any reason the Giveaway is not capable of running as planned, due to infection by computer virus, bugs, worms, trojan horses, denial of service attacks, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsors that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Giveaway, Sponsors reserve the right, at their sole discretion, to cancel, terminate, modify, or suspend the Giveaway. In such event, no prize will be awarded. If Sponsors elect to cancel or terminate the Giveaway under any of the circumstances described above, Sponsors will not retain any rights in the submitted photographs.
- Winners List
The winners’ names will be available online at www.texture.com/blog after June 30, 2016 following the verification of eligibility.