Overheard x Like Father

The Father Daughter Cruise Sweepstakes

OFFICIAL RULES

 

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW OR REGULATION. PARTICIPANTS MUST BE AT LEAST THE AGE OF MAJORITY IN THEIR STATE AT THE TIME OF ENTRY.

 

1. SPONSOR: Netflix, Inc., located at 100 Winchester Circle, Los Gatos, CA 95032 (“Sponsor”). ADMINISTRATOR: Saint Charlie LLC (DBA Overheard), located at 6121 Sunset Boulevard, Los Angeles, CA 90028 (“Administrator”). This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram, Inc.

 

2. AGREEMENT TO RULES, TERMS OF USE AND PRIVACY NOTICE: Any personal Information collected from Entrants in connection with the Father Daughter Cruise Sweepstakes (“Sweepstakes”) will be used by Sponsor, Administrator, and their service providers in accordance with Sponsor’s Privacy Notice. By participating in the Sweepstakes, the Father and/or Daughter, either (i) entering together or (ii) one entering the Sweepstakes on behalf of the other (collectively, “Entrant” or “you”) agrees to be bound by the Official Rules (“Rules”) of this Sweepstakes, Administrator’s Terms of Use and Privacy Notice. Note that any collection and use of your personal information by a third party, other than to perform services on Sponsor’s or Administrator’s behalf, will be governed by such third party’s privacy notice.

 

3. ELIGIBILITY: Entrants must be father-daughter pairings, and be able to produce evidence of their father-daughter relationship upon winning the Sweepstakes in order to claim the Prize. Only legal residents of the 50 United States, or the District of Columbia, who are the age of majority in their state of residence at the time of entry are eligible to enter. Employees, officers, and directors of Sponsor, Administrator, Instagram Inc., their parent, subsidiary, affiliated or related companies, and all other entities associated with the creation, administration, promotion or fulfillment of the Sweepstakes, and each of their respective parent, subsidiary, affiliated and related companies (collectively, the “Sweepstakes Entities”), and each of their immediate family members and persons residing in the same household of such family members are not eligible to enter or win the Sweepstakes. All eligibility is subject to all federal, state, and local laws and regulations.

 

4. SWEEPSTAKES PERIOD: The Sweepstakes begins on August 10, 2018 at 6:00 AM Pacific Time and ends on August 15, 2018 at 12:00 PM Pacific Time (“Sweepstakes Period”). Administrator’s computer will be the official clock for the Sweepstakes. All Entries must be received during the Sweepstakes Period to be eligible to win a prize.

 

5. HOW TO ENTER: Maximum 1 entry (“Entry”) per Instagram account/email address (“Account”), regardless of whether one person has more than one Account or more than one person uses the same Account. To be eligible to enter the Sweepstakes, you must have an Instagram account. If you do not have an account, visit www.instagram.com to create one. Instagram accounts are free.

 

To enter the Sweepstakes and obtain 1 Entry: (1) during the Sweepstakes Period, go to one of the Sweepstakes related Instagram posts (“Instagram Posts”) and post 1 answer to the question “Why we need to go on this Father-Daughter Cruise,” not to exceed 100 words in the English language, as a comment on the Instagram Post (the “Submission”), or (2) email the Submission to likefather@overheardla.com.

 

6. IDENTITY OF THE ENTRANT: Any attempt by any Entrant to obtain more than the stated number of Entries by using multiple/different Addresses, identities, registrations and logins, or any other methods will void such entries and that Entrant may be disqualified in Sponsor’s sole discretion. In the event of a dispute over the identity of an Entrant, the authorized account holder of the Address or account submitted at time of Entry will be deemed to be the Entrant. “Authorized Account Holder” is defined as the natural person who is assigned to an Address by an entity that is responsible for assigning Instagram accounts or email addresses for the domain associated with the submitted Address. Each potential winning Father-Daughter pair (the “Winner”) may be required to show proof of being the Authorized Account Holder of the Address associated with the Entry. It is solely your responsibility to notify Sponsor in writing if you change your Address and/or street address. Multiple Entrants are not permitted to share the same Address (except as one Father/Daughter pair).

 

7. SELECTION, NOTIFICATION AND ANNOUNCEMENT OF THE WINNERS: Administrator will review all Entries for compliance with these Rules. At the conclusion of the Sweepstakes Period, on or about August 15, 2018, Administrator will select, in a random drawing, 1 potential Winner for the prize (“Prize”) described in Section 8 of these Rules, from all eligible Entries.

 

ODDS OF WINNING depends on the number of eligible Entries received. The potential Winners will be notified on or about August 16, 2018 via Instagram direct message, email, phone, or mail, at Sponsor’s sole discretion.

 

NOTE: In order for Sponsor or Administrator to contact you through Instagram, you may have to adjust your privacy settings to receive direct messages (“DMs”) from Sponsor or Administrator.

 

Sponsor will not be liable for any potential prize-winning notification that is lost, intercepted or not received by any potential Winner for any reason, including a failure to adjust the aforementioned privacy settings to receive DMs from Sponsor or Administrator. Potential Winners may be required to sign an Affidavit of Eligibility/Liability-Publicity Release or other applicable documents.

 

If any potential Winner: (A) does not respond within 12 hours of the first notification attempt; (B) is found to be ineligible or any reason; (C) fails to execute and return by U.S. Mail or overnight delivery service or other delivery permitted by Sponsor all Sponsor-requested documents, which Sponsor may require to be notarized (collectively, “Affidavits”) within 12 hours after transmission; (D) fails to return a prize notification, or declines a prize for any reason; or (E) fails to comply with these Rules or the Terms of Use, such potential Winner will forfeit their Prize and the Sponsor may, in Sponsor’s sole discretion, select an alternate Winner from all eligible Entries. The final results and winning Entries will be announced on the Website no later than August 30, 2018.

 

8. PRIZE: Only the Prize listed below will be awarded in this Sweepstakes.

 

The Grand Prize will consist of one (1) 7-night Caribbean cruise for two (2) people (Father-Daughter Pair) onboard any Royal Caribbean ship in a double occupancy balcony stateroom.

 

Cruise prize includes standard guest accommodations. Winner and guest(s) are each solely responsible for any and all costs, other than those specifically stated in these Official Rules that may be incurred or arise as a result of being awarded a Prize. Such costs may include, but are not limited to all federal, state, local, or other government or quasi-governmental taxes and fees, travel insurance, and items of a personal nature (i.e. certain shore excursions, passport fees, gratuities, alcoholic beverages, photographs, some entertainment, service fees, medical services, etc.).  

 

Winners and guests are responsible for all travel documents (such as a passport and visa) required for travel. Sponsor is not responsible for flight postponement or cancellation. Winner and guest must travel at the same time on the same itinerary.

 

Cruise prize issued in the form of a cruise certificate. Cruise prize redemption is based on stateroom availability at time of booking. Cruise provided subject to the terms and conditions Royal Caribbean’s Cruise Ticket Contract, Complimentary Cruise Certificate, and applicable brochure. Such terms and conditions of use that are listed on these documents include, but are not limited to: cruise certificate expiration, minimum number of days that the cruise must be booked prior to sail date, specified stateroom category and upgrade restrictions.

 

No guest under twenty-one (21) years of age will be booked in a stateroom unless accompanied by a person who is twenty-one (21) years or older. A parent or legal guardian must accompany all guests under the age of eighteen (18). Married couples who do not meet these age restrictions may, at Royal Caribbean’s discretion, be permitted to sail. Winner and guest(s) must sign Royal Caribbean’s Cruise Ticket Contract prior to being allowed to board the cruise.

 

Approximate Retail Value: $3,500 United States Dollars.

 

9. PRIZE CONDITIONS: With respect to the Prize, Sponsor is not responsible for lost or stolen prize certificates/redemption letters. Winners are responsible for all local, state, and federal taxes. The value of the Prize will be treated as income to the Winners and a 1099 will be issued for any Prize valued at $600 or more. The Prize is not transferrable. No substitution is allowed except, at Sponsor’s sole discretion, a Prize of equal or greater value may be substituted for any reason. In the event that a Prize component is not available for any reason, the remaining elements of the Prize will constitute full satisfaction of Sponsor’s prize obligation to Winner and no additional compensation will be awarded. The Prize cannot be used in conjunction with any other promotion or offer. Prize elements may not be separated.

 

10. DISQUALIFICATION/FORCE MAJEURE: Sponsor and Administrator reserve the right in their sole discretion to disqualify any individual who Sponsor or Administrator determine to be: (A) tampering with the entry process or the operation of the Sweepstakes, acting in violation of these Rules; (B) acting in an unsportsman-like or disruptive manner; (C) disrupting or undermining the legitimate operation of the Sweepstakes; or (D) annoying, abusing, threatening or harassing any other person. Sponsor and Administrator reserve the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor and Administrator reserve the right to modify, extend, suspend, or terminate the Sweepstakes if they determine, in their sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures, or malfunctions or other causes beyond Sponsor’s or Administrator’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play, and/or feasibility of the Sweepstakes as contemplated in these Rules. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing the Sweepstakes as contemplated in these Rules by any event beyond its control (“Force Majeure Event”), including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute 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 or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, then Sponsor or Administrator will have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor or Administrator will (if possible) select the Winner from all eligible, non-suspect entries received as of the date of the Force Majeure Event giving rise to the termination. Inclusion in such selection process will be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of Prize described in these Rules will be awarded.

 

11. PUBLICITY RELEASE: Acceptance of any prize constitutes Winner’s permission for the Sweepstakes Entities to use both Prize Winner’s and their guest’s photograph, image, likeness, name, hometown, voice, biographical information, statements and prize information (collectively, the “Attributes”), for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization, (except where prohibited by law), and releases the Sweepstakes Entities from all claims arising out of the use of such Attributes.

 

12. DISCLAIMERS: The Sweepstakes Entities will not be responsible for: (A) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (B) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (C) any Sweepstakes disruptions, injuries, losses or damages caused by events beyond the control of Administrator or by non-authorized human intervention; or (D) any printing or typographical errors in any materials associated with the Sweepstakes. ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY).

 

13. GENERAL RELEASE: By entering the Sweepstakes, each Entrant, for Entrant and for Entrant’s heirs, executors, administrators, successors and assigns: (A) releases and holds harmless the Sweepstakes Entities from any liability whatsoever, and waives any and all causes of action, for any claims, costs, injuries, losses, or damages of any kind arising, directly or indirectly, out of or in connection with the Sweepstakes or delivery, mis-delivery, acceptance, possession, or use of or inability to use any Prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory; (B) agrees that Sweepstakes Entities 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) agrees to be bound by these Rules and to waive any right to claim any ambiguity or error in these Rules or in the Sweepstakes itself, and to be bound by all decisions of the Sponsor, which are binding and final.

 

14. DISPUTE RESOLUTION: Entrant agrees that if any dispute arises that is in any way related to the Sweepstakes, the Rules, the Terms of Use, or the Privacy Notice, the parties will meet in person and attempt to resolve the dispute. If the dispute cannot be settled through negotiation, the parties agree to attempt to settle the dispute by non-binding mediation administered by a neutral mediator agreed to by the parties prior to resorting to litigation. The parties will cooperate to select a mediator, but if unable to do so will use JAMS for the mediation process and selection from JAMS’ panel of neutrals. The parties will participate in the mediation in good faith, and will share its mutual costs equally, and the parties’ respective out-of-pocket costs individually.

 

15. LIMITATION OF LIABILITY:

 

(A)    All disputes, actual or alleged claims and causes of action at law or in equity (“Claim(s)”) will be resolved individually, without resort to any form of class action.

(B)     Notwithstanding anything to the contrary in these Rules, in connection with any Claims, judgments and awards, Entrant waives all rights to attorneys’ fees, punitive, incidental, special, consequential damages, and to any multiplied damages.

(C)    In no event will Entrant be entitled to recover any expenses other than reasonable and actual out-of-pocket expenses.

 

16. MISCELLANEOUS PROVISIONS:

 

(A) In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained in the Rules.

 

(B) All Claims arising out of or relating to this Sweepstakes, including, without limitation, the interpretation of the Rules or any prize awarded will be resolved by applying the laws of California, without regard to conflict of laws, and will be solely and exclusively brought in the state or federal courts within Los Angeles, California.

 

17. WINNER’S LIST/RULES REQUEST. For the Winner List, send an email with subject line: “Father Daughter Cruise Sweepstakes Winner List Request” to likefather@overheardla.com after August 30, 2018 and before November 30, 2018. To obtain a copy of these Rules before August 14, 2018 send an email with subject line: “Father Daughter Cruise Sweepstakes Official Rules Request” to likefather@overheardla.com.