LINDSAY SACCULLO INTERIORS + SHELFIE GIVEAWAY TERMS AND CONDITIONS
1. The Promoter is Shelfie and Lindsay Saccullo Interiors of New York City.
2. Information on how to enter and prizes forms part of the terms of entry. Entry into the competition is deemed acceptance of these terms and conditions.
3. To the extent of any inconsistency between these Terms and Conditions and any other reference to this competition, these Terms and Conditions prevail.
This promotion adheres to the terms and conditions set out in the Instagram Promotion Guidelines which can be found at: https://help.instagram.com/179379842258600
This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. Entrants understand that they are providing their information to the Promoter and not to Instagram. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Instagram.
All entrants unconditionally and irrevocably release and discharge Instagram from any and all liability in relation to this Promotion.
5. Instagram memberships and the use of Instagram generally are subject to the Instagram prevailing terms and conditions of use available at http://instagram.com/legal/terms/.
The promotion is in no way sponsored, endorsed or administered by Instagram, or associated with, Instagram. Entrants understand that they are providing their information to the Promoter and not to Instagram. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other Internet users. To the extent permitted by law, each Entrant agrees to harmless, the Promoter, Instagram and their associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by an Entrant in respect of the Entrant’s participation in the promotion. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Instagram.
6. Any entrant found to have posted duplicate, or near duplicate Instagram Photos, or to have used multiple Instagram accounts to enter will be ineligible. Entries must comply with the Instagram Community Guidelines (https://help.instagram.com/477434105621119/ )
7. All Instagram accounts must be public in order for the Promoter to communicate with them and notify if they’re winners for the promotional period and the judging period. If they are not they will not be considered for judging.
Who Can Enter
1. Entry is open to all residents of Manhattan and Brooklyn over the age of 18 except existing clients, employees and immediate families of the Promoter and their associated companies and agencies and participating outlets. Immediate family means any of the following: spouse, ex-spouse, defacto spouse, child or step child (whether natural or by adoption), parent, step parent, grandparent, step grandparent, uncle, aunt, niece, nephew, brother, sister, step brother, step sister or 1st cousin.
2. Entrants into this competition must be 18 years of age or older as at the date of entry.
3. The Promoter reserves the right to request winners to provide proof of identity, proof of residency at the nominated prize delivery address and/or proof of entry validity or proof of registration ownership in order to claim a prize. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.
When To Enter
1. The competition commences on Monday August 3rd at 08:00 (AM) and concludes on Monday August 24th, 2015 at 23:59 (PM). Entries must be received by the Promoter prior to the competition close date and time.
2. The time of entry will in each case be the time the online entry is received by the Promoter’s database, not at the time of transmission by the entrant.
3. The Promoter accepts no responsibility for any late, lost or misdirected entries including SMS messages not received by the Promoter or delays in the delivery of the SMS message due to technical disruptions, network congestion or for any other reason. SMS entries via the internet or computer generation and not attributable to a valid mobile phone account is invalid and will not be accepted.
How To Enter
1. The details of how to enter the competition are can be found at www.lindsaysaccullointeriors/press/instagramcontest/ or http://www.shelfienyc.com/blog/2015/7/27/instagram-contest-lindsay-saccullo-interiors-shelfie.
2. Entrants may enter the competition by:
Submitting their original entry:
By sharing a photograph of their messy/shameful space, following BOTH @lindsaysaccullointeriors AND @shelfienyc and using the hashtag #ShelfieLSI on Instagram.
3. Entrants are required to take full responsibility for the content of their entry and for ensuring that their entry complies with these Conditions of Entry. For the purposes of these content requirements, “entry content” includes any content (including text, photos, videos and email messages) that entrants submit, upload, transmit, publish, communicate or use in connection with their entry into the Promotion. Entries must be the entrant’s actual living space. The Promoter reserves the right to verify, or to require the entrant to verify, that the entry is the entrant’s original work. If an entry cannot be verified to the Promoter’s satisfaction, the entry will be deemed invalid. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of an entrant’s entry. An entrant’s entry must not include:
(a) any image or voice of any other person without that person’s express consent. Entrants warrant that if any such content is included, they have obtained the express consent of the relevant person;
(b) any content that contravenes any law, infringes the rights of any person or is potentially insulting, inflammatory, defamatory, obscene, offensive, discriminatory, indecent or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing); and
(c) any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless the entrant is entitled to do so. If an entrant has any doubts about whether they have the right to include any content (for example, recorded music) they must not include it. By including any such content in their entry, the entrant warrants that they have the permission of the relevant copyright owner to do so and that this permission allows the Promoter to use the entry in accordance with these Conditions of Entry.
(d) The Promoter reserves the right to disqualify a winner if Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause.
4. Any entry that is made on behalf of an entrant by a third party will be invalid.
5. The Promoter reserves the right to disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms & Conditions of Entry or who has, in the opinion of Promoter, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoter. This includes, but not limited, to entrants and households using multiple email addresses, postal addresses, PO Box addresses or SIM cards to register single or multiple purchases.
Number of Entries Permitted
1. One photo of space per Shameful Shelfie category are permitted until an entrant has won a prize, after which no entrants from that winner’s household are eligible to win another prize in that category.
Determination and Notification of Winner
1. The winner will be the valid entry submitted in accordance with these terms and conditions that is judged by the Promoters to be the most shameful/messy space according to Shelfie and Lindsay Saccullo Interiors on Wednesday, August 26th .
2. If any particular determination is scheduled on a public holiday, the determination will take place on the following business day.
3. The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the competition result or any other decisions the Promoter makes in connection with the Promotion.
4. The winner/s will be notified via their personal Instagram, within two business days of being determined. Winner of prize win a free in-home consultation from Shelfie and Lindsay Saccullo Interiors. You will also receive two free hours of personal organization from Shelfie and a DigiDesign Package from Lindsay Saccullo Interiors. Further information can be found at: https://lindsay-saccullo-1m32.squarespace.com/config#/pages|/digidesignpackage AND http://www.shelfienyc.com/blog/2015/7/27/instagram-contest-lindsay-saccullo-interiors-shelfie.
5. Prizes will be awarded to person named in the entry. However, in a dispute, will be awarded to the account holder of the entry mechanism used to submit their entry (i.e. mobile phone account holder or land line account holder).
6. Should an entrant’s contact details change during the promotional period, it is the entrant’s responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.
7. If the winner has not claimed the prize by Wednesday September 2nd, 2015 then he or she will forfeit the prize and the prize will be awarded to the valid entry submitted in accordance with these terms and conditions. The winner of the unclaimed prize will be notified via their personal Instagram, within two business days of the date on which they are judged to be the unclaimed prize winner.
Prize on Offer
1. The winner receives a free in-home consultation from Shelfie and Lindsay Saccullo Interiors. You will also receive two free hours of personal organization from Shelfie and a DigiDesign Package from Lindsay Saccullo Interiors for a total value of $550.
2. Independent financial advice should be sought as tax implications may arise as a result of accepting the prize.
3. Prizes cannot be transferred, exchanged or redeemed for cash.
4. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements
5. It is a condition of accepting the prize that the winner may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.
6. Prize must be taken within 2 months from the date of issue. In the event a winner does not take the prize by the time stipulated, then the entire prize will be forfeited by the winner and cash will not be awarded in lieu of the prize.
Further Terms and Conditions
7. The Promoter (subject to State and Territory Legislation) reserves the right to amend, cancel or suspend this competition if an event beyond the control of the Promoter corrupts or affect the administration security, fairness, integrity or proper conduct of this competition. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition.
8. The Promoter and their associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of entries, and reserves the right to take any action that may be available.
9. If for any reason this competition is not capable of running as planned, including (without limitation) due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any causes beyond the control of the Promoter, the Promoter reserves the right in its sole discretion take any action that may be available, and (without limitation) to cancel, terminate, modify or suspend the competition, subject to any direction given under State Regulation.
10. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
11. Any entrant found to be using any form of software or third party application to enter multiple times (including scripting software) will have all entries invalidated and any claim to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any awarded prize to the Promoter. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request.
12. Any entrant found to have used a third party (including online competition entry site) to enter on their behalf will have all entries invalidated and any claim to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any awarded prize to the Promoter. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request.
13. Any entrant found to be entering incorrect contact details, including incorrect email contact details, will have all entries invalidated and any claim to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any awarded to the Promoter. The Promoter has sole discretion to determine if any entrant has breached this clause. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request.
13. If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to State Regulation. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
14. The Promoter reserves the right to redetermine the winner in the event of an entrant, claiming to be a winner, being unable to satisfy these Terms and Conditions.
Copyright, Statutory guarantees, Waiver and liability
1. In consideration for the Promoter awarding the prize to the winner, the winner hereby permits the winner’s submission, image and/or voice, as recorded, photographed or filmed during the winner’s participation in the prize to appear in connection with the Promoters companies or the advertising or marketing thereof, in any media whatsoever throughout the world and the winner will not be entitled to any fee for such use.
2. The Promoter acknowledges that the entrant may own intellectual property rights (including copyright) in any material created or otherwise submitted to the Promoter in connection with the entrant’s entry or participation in any aspect of the prize (Photos). The entrant hereby grants the Promoter a non-exclusive, irrevocable, perpetual, worldwide license to use the Works (including modifying, adapting or publishing the Photos, whether in original or modified form, in whole or in part or not at all). The entrant acknowledges and agrees that neither the entrant nor any third party shall be entitled to any fee, royalty or other consideration in respect of such license. If the entrant holds, now, or at any time in the future, any so called “droit moral” or moral rights in connection with the Photos, the entrant unconditionally and irrevocably consents, for the benefit of the Promoter and all of its assignees, licensees and sublicenses to material alterations to the Photos (including, without limitation, any copying, editing, adding to, taking from, adapting and/or translating the Photos, in any manner or context) for any purpose, notwithstanding that such conduct may amount to derogatory treatment of the Works for the purposes of the Copyright Act of 1976.
3. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the competition and recommence it from the start on the same conditions, subject to any directions given under State Regulation.
4. The Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability, which cannot be excluded by law. The Promoter is not responsible for any incorrect or inaccurate information, either caused by entrant or for any of the equipment or programming associated with or utilized in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorized access to or alteration of entries.
5. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardize the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
6. All entries become the property of the Promoter (with the exception of any intellectual property rights comprised therein). The Promoter collects personal information about you for the purposes of conducting this promotion but no further use of this information will be made without prior consent.
7. All entries become the property of the Promoter (with the exception of any intellectual property rights comprised therein). All opt-in entries will be entered into a database and The Promoter may use the entrant’s names, addresses and telephone numbers for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid unless otherwise advised by the entrant. By opting-in, entrants confirm that they allow their details to be used for this purpose. If entrants no longer consent to their details being used for future marketing purposes, the entrant should contact The Promoter on their details set out below. Any request to update, modify or delete the entrant’s details should be directed to The Promoter.
8. The Promoter collects the entrant’s personal information for the purpose of conducting and promoting this competition (including but not limited to determining the winner). If you are not willing for this to occur you cannot participate in the promotion.
9. The Promoter collects information about you, including for example your name and contact details which you provide when registering or using our services as well as information from data houses, social media services, our affiliates and other entities you deal or interact with for example by using their services. We collect and use that information to provide you with our goods and services, to promote and improve our goods and services, to provide you with targeted advertising based on your online activities, for the purposes that we describe at the time of collection. We may disclose your information to our related companies, including those located outside The United States of America. Any of us may contact you for those purposes (including by email and SMS) at any time. We may also disclose your information to our service and content providers, including those located outside The United States of America. If you do not provide us with requested information we may not be able to provide you with the goods and services you require. We may disclose your personal information to authorities if you are a prize winner or otherwise as required by law.