Terms and Conditions

Herff Jones Graduation (#HJGraduation) Photo Contest

 

NO PURCHASE IS NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIESBY PARTICIPATING IN THE CONTEST YOU AGREE TO THESE RULES, WHICH IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND THE SPONSOR.

 

SPONSOR:  The Herff Jones “#HJGraduation” Instagram/Twitter Contest (“Contest”) is sponsored by Herff Jones, Inc. whose registered office is at 4625 W 62nd St., Indianapolis, IN 46268.  The Contest is in no way endorsed or administered by or associated with Instagram or Twitter.

 

CONTEST PERIOD:  Contest begins at 12:00 a.m. (all times are Eastern Time or “ET”) on April 1, 2015 and ends at 11:59 p.m. ET on July 1, 2015 (“Contest Period”). Entries must be submitted and received within the Contest Period to be valid & eligible for the Contest.  Sponsor is not responsible for entries not received within the Contest Period for whatever reason.

 

ELIGIBILITY:  Entry into the Contest is open to persons who are 13 years or older, who are U.S. residents residing in one of the 50 states or the District of Columbia, who have a personal Twitter or Instagram account, with the photo setting to public, and are a follower of Sponsor’s official Instagram or Twitter account.  Employees of Herff Jones, Inc. and SEEN Moment (“Contest Entities”) or their family members or anyone else connected in any way with the Contest shall not be permitted to enter the Contest.

 

HOW TO ENTER:  To enter, entrants must:

1.     Take a digital image of a graduation products and/or memories of your senior year (including but not exclusive to fine paper announcements, digital photo products, graduation jewelry, yearbook, caps and gowns)

2.     Tag the image #HJGraduation; and

3.     Upload to the image to the entrant’s personal Instagram or Twitter account.

 

You can enter as many times as you like but only unique entries will be entered into the Contest, duplicates will not be valid. Entries will not be acknowledged. You hereby grant Sponsor the right to use your name and photograph/likeness in connection with the publication, use or posting of your Entry.

Each entry must be original, created by the submitter and account owner, and must not infringe the rights of any third party. No outsourcing or collaboration among two or more persons or entries is allowed. Entries that are illegible or not complete may be deemed ineligible at the Sponsor's discretion. All entries become the property of the Sponsor and will not be acknowledged or returned. Each entrant agrees and confirms that by entering he/she releases any and all rights in and to the material submitted, that Sponsor and its agents may use the entry materials for the Contest and for all lawful promotional, marketing and advertising purposes, that no one else owns rights in the entry materials, that entrant has obtained the consent of each person appearing in the entry materials to use his/her image for purposes authorized by these Rules, and that use of the entry materials as set forth in these Rules does not infringe any intellectual property rights or privacy rights of any third party. You hereby grant Sponsor an irrevocable, nonexclusive, perpetual, worldwide, royalty-free license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense and otherwise exploit your Entry and all copyright or other intellectual property rights therein, in any medium now existing or hereafter developed, without separate compensation or permission.  Entries may be used by the Sponsor for any lawful purpose without the permission of the entrant or any consideration apart from participation in the Contest in accordance with these Official Rules. Entries may be publicly posted on the Sponsor website, Sponsor social media, and/or in other media. The Sponsor may, but is under no obligation to, verify the information set forth in an entry prior to publication. Entries may be reviewed by Sponsor before or after being posted; however, such review does not relieve entrants from responsibility for compliance with these Rules. Sponsor may, in its sole discretion, remove, delete and/or refuse to post Entries deemed to be inappropriate or otherwise non-compliant.

 

Submitted images must not:

·         Contain material which is (or promote activities which are) in Sponsor's sole discretion, hateful, slanderous, libelous, tortious, sexually explicit, obscene, pornographic, inappropriate, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or contain material that is threatening to any person, place, business, group or world peace; or contain words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group; or contain images, words or text portraying nudity, acts of violence, or acts that are or appear to be unlawful or dangerous or in violation of, or contrary to the laws or regulations in any state where the entry is created in their application.

 

·         Contain material that violates or infringes another's rights, including but not limited to material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement. Without limiting the foregoing, submissions must not include third party trademarks, logos, insignia, location signage, photographs, artwork, or sculptures, except those of Sponsor.

 

·         Include third parties, including but not limited to minors, celebrities and friends, who have not expressly authorized entrant to display their image or likeness on Instagram or Twitter; or otherwise use such images or likenesses in accordance with these Official Rules.

 

 

SELECTION OF WINNERS:  Winners will be chosen at random.

 

PRIZES: There will be one winner of a $100 Visa Giftcard each. All taxes and other expenses related to any prize are the sole responsibility of the Prize winners.  Only one prize will be awarded per winner. Approximate Retail Value (“ARV”) of all prizes: $100.

 

WINNERS: On or about July 15, 2014, Sponsor will select one (1) random winners. Each winner will be identified and contacted approximately 5 days after selection. Prize winners and/or (if a minor in their state of residence) their parents or guardians may be required to execute an affidavit of eligibility and publicity release, and other documentation required by Sponsor, to the extent permitted by applicable law. The Prizes must be claimed within seven (7) days of notification. If a potential winner cannot be contacted after seven (7) days; fails to provide the required information within the specified time period; declines the prize for whatever reason; otherwise fails to fully comply with these Rules; or if a prize or prize notification is returned as undeliverable; the potential winner will forfeit his/her prize and the prize may be awarded to an alternate winner from among all remaining eligible entries received, in the Sponsor’s sole discretion. If another Prize winner is selected, any previously selected winners will have no rights to the Prize, or any other Contest benefits. This process may be repeated until each Prize has been awarded to a fully-qualifying entrant. For the names of the winners, send a separate self-addressed, stamped envelope to: Emily Washburn, 4625 W 62nd St., Indianapolis, IN 46268.

 

RELEASE AND INDEMNITY: By participating in this Contest, entrants hereby waive, release, and agree to hold harmless Contest Entities, Twitter, and Instagram, their parents, subsidiaries, affiliates, advertising and promotion agencies and all of their respective officers, directors, employees, representatives and agents, from and against, any and all rights, claims and causes of action whatsoever that they may have, or which may arise, any and all losses, damages, rights, claims and actions of any kind in connection with or resulting from materials or information submitted in connection with the Contest and/or acceptance, possession, or use of any prizes including, without limitation, personal injuries, death, property damages and any claims by third parties or otherwise based on intellectual property rights, publicity rights, defamation, or invasion of privacy. Entrants acknowledge that Contest Entities, Twitter & Instagram are not responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Prizes, except as set forth in these Rules. Winning is contingent upon fulfilling all requirements of these Rules and Sponsor's decisions as to the administration of Contest and prize awards are final.

 

LIMITATION OF LIABILITY: Sponsor assumes 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. Sponsor is not responsible for lost, late, misdirected, incomplete, or illegible entries or problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers computer equipment, software, failure of any email to be received by the Sponsor on account of technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including any injury or damage to entrant's or any other person's computer related to or resulting from participation or downloading any materials in this Contest. Under no circumstances will Sponsor award more prizes than the prizes set forth above. In the event that any erroneous duplicative awarding of prizes occurs, the error shall be corrected and the prize awarded to the proper winner based on the criteria set forth above. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, legal challenges, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, the Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest. Sponsor reserves the right to: permanently disqualify from the Contest any person it believes has violated these Rules. If the Contest is terminated before the end of the Contest Period, Sponsor will determine the winner from all eligible entries received prior to termination.

 

TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO THE ABOVE MAY NOT APPLY TO YOU.

 

USE OF DATA: Sponsor will be collecting personal data about participants in accordance with its privacy policy. Entrants will be providing information to Sponsor, not to Instagram or Twitter. Please review the Sponsor's privacy policy at  http://www.herffjones.com/privacy  (the "Privacy Policy"). By participating in the Contest, Entrants hereby agree to Sponsor's collection and usage of their personal information as set out in its Privacy Policy and in these Rules and acknowledge that they have read and accepted Sponsor's privacy policy.

 

JURISDICTION: Any dispute that may arise hereunder shall be brought solely in the appropriate state or federal court sitting in the State of Indiana and entrants consent to the personal jurisdiction and venue of such court.

 

Miscellaneous: The invalidity or unenforceability of any provision of these Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Rules will not constitute a waiver of that provision. When terms such as "may" are used in these Rules, Sponsor has sole and absolute discretion. Entrants agree to waive any rights to claim ambiguity of these Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, privacy policy or terms of use on the website and/or the terms and conditions of the Rules, the Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.