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Etsy December 2018 Instagram Promotion

Etsy December 2018 Instagram Promotion

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

  1. The sponsor of the Etsy December 2018 Instagram Promotion (the "Promotion") is Etsy, Inc. (owner and operator of Etsy.com) at 117 Adams Street, Brooklyn, NY 11201 in respect of all entrants (from here on referred to as "Sponsor").
  2. ELIGIBILITY: Open to legal residents of the fifty (50) United States, District of Columbia, Canada (excluding Quebec), France, Germany, Australia, and the United Kingdom, aged 18 years or older at the time of entry who have an Instagram account. A person eligible to enter the Promotion shall be referred to henceforth as an "Entrant". Employees, directors and officers, and their immediate families (spouse, parents, children, siblings, and their respective spouses, regardless of where they reside), and their respective household members (whether related or not), of the Sponsor and its affiliates, subsidiaries, and divisions ("Promotion Entities") are not eligible to enter or win. Void where prohibited.
  3. PROMOTION TIMING/DESCRIPTION: The Promotion begins at 00:01:00 AM Eastern Daylight Time ("EDT") (05:01:00 AM Greenwich Mean Time ("GMT") on December 15, 2018 and ends at 11:59:59 PM EDT on December 31, 2018 (04:59:59 AM Greenwich Mean Time ("GMT") on January 1 2018) (the "Promotion Period"). Sponsor's designated computer is the official time keeping device for all aspects of the Promotion.
  4. HOW TO ENTER THE PROMOTION: The Promotion consists of nine (9) giveaways (each, a “Giveaway”). During the Promotion Period, Sponsor will post a photo, tagged with #EtsyBestNine, on Instagram in connection with each Giveaway (a “Sponsor Post”). To enter a Giveaway, an Entrant must visit the Etsy profile page on Instagram, find the Sponsor Post about the Giveaway, and post the specified emoji in the comments section. Ten entries per person per Giveaway during the Promotion Period. Entrant must have an Instagram account to enter via Instagram. One entry per person during the Promotion Period. Potential winner may be required to show proof of being the authorized account holder of the Instagram account associated with the entry. Establishing an Instagram account is free. All Instagram terms apply. Entry must be in keeping with Sponsor's image and not be offensive or inappropriate, as determined by Sponsor in its sole discretion. Entry must not defame, or violate or infringe upon the rights of, any person or entity. Sponsor reserves the right to disqualify any Entry that it determines, in its sole discretion, is not in compliance with these Official Rules. Sponsor has the sole discretion to determine whether a photo or post qualifies as an Entry. Any Entry not in compliance with the above and which does not meet the requirements of these Official Rules will be disqualified. By entering, you understand and agree that your photo or post may (in Sponsor's sole discretion) be posted online for consumers to view on the Sponsor selected sites. Sponsor will only be posting select photos and posts (in their sole discretion). Sponsor reserves the right to remove any posted photos or posts, in its sole discretion, even if the photo or post has already been made available to the public. All entries must be received by the end of the Promotion Period. Any attempt by any Entrant to submit entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that Entrant's Entries and that Entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification and all associated Entries will be void. All Entries become the property of Sponsor and will not be returned or acknowledged. In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the authorized account holder of the Instagram account and he/she must comply with these Official Rules. "Authorized account holder" is defined as the natural person who is assigned to an Instagram account.
  5. PRIZE: One (1) eligible winner will be selected for each Giveaway and, subject to compliance with these Official Rules, will receive the item pictured in the Sponsor Post associated with the Giveaway. Prize cannot be redeemed for cash and may not be transferred or substituted, except at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize (or portion thereof) of comparable or greater value in the event the stated prize is unavailable. Prize is awarded “as is” with no warranty or guarantee, either express or implied. All fees, federal, provincial, state, local taxes (including, without limitation, income and withholding taxes) or other costs and expenses relating to the use, acceptance and possession of prize not specified herein as being provided are the sole responsibility of the winner. An IRS form 1099 will be awarded in the name of any winner who is a resident of the United States for the retail value of the prize if the prize is valued at $600 USD or higher. Total approximate retail value of prize pool is valued at $700 USD. Limit one (1) prize per person.
  6. DETERMINATION OF WINNERS: One (1) eligible winner will be selected for each Giveaway (for a total of nine (9) winners) in a random drawing to be held on or about January 8, 2019 at 12:00:00 PM EDT (17:00:00 PM GMT) in Etsy's office in Brooklyn, New York from all eligible Entries received. The draws will be made by computer, with EXCEL software's random draw function, under the surveillance of an employee of the Marketing department. The potential winner in Canada will be notified by e-mail on or about January 10, 2019 and will have to correctly answer an unaided, mathematical skill-testing question in order to be declared the winner. Failure to answer question correctly within the time limit provided will result in disqualification.
  7. WINNER NOTIFICATION: The potential winner will be notified via the email they provided at entry or via his/her Instagram account used for entry within 2 days of the draw. If a potential prize winner does not respond to the winner notification email (email will be sent three (3) times over a seven (7) day period) within seven (7) days of receipt of the final email sent), or if said email is returned as undeliverable, or if the potential prize winner does not return the notification or, if applicable, fails to correctly answer the mathematical skill-testing question, or if an entrant is otherwise found to be ineligible, does not provide required information, or if the selected winner cannot accept or receive the prize for any reason, the potential prize winner will forfeit the prize and an alternate winner may, in the sole discretion of the Sponsor and time permitting, be drawn by the Sponsor from among the remaining eligible Entries. The Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate winner. Sponsor reserves the right to require winner to sign an Affidavit of Eligibility (or, if a non-U.S. resident, a Declaration) and Liability and Publicity Release, to provide proof of identity at the nominated prize delivery address and/or proof of entry validity in a time period to be specified by Sponsor in order to claim a prize. Proof of identification, residency, age and entry considered suitable for verification is at the discretion of Sponsor. In the event that the winner does not return all required documents within the specified time period or cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered. All decisions and results of Sponsor are final and binding. If a winner is at least 18 but still considered a minor in his/her jurisdiction of residence, Sponsor reserves the right to award the prize to his/her parent or legal guardian and/or require his/her parent or legal guardian sign all required paperwork and otherwise fulfill all requirements imposed on entrant set forth herein If the winner is an Australian resident, the prize will be posted to the address provided by them upon acceptance of the prize within 28 days of the draw.
  8. ODDS OF WINNING: The odds of winning depend upon the number of eligible entries received during the Promotion Period.
  9. GENERAL CONDITIONS: By entering the Promotion, entrant warrants that entrant has read and agrees to abide by these Official Rules and Etsy’s Terms of Use, Privacy Policy, Our House Rules, and other site policies, meets the eligibility requirements and that he or she is not prohibited from participating in the Promotion and agrees to be bound by the decisions of the Sponsor which will be final and binding in all respects. Entrant agrees that the conditions of submission set forth in these Official Rules, and all documents and agreements incorporated in these Official Rules by reference, solely govern the relationship between Entrant and the Sponsor in connection with this Promotion. The Sponsor reserves the right to amend these terms and conditions at any time.
  10. LIABILITY: By participating in this Promotion and/or by accepting any prize, save for cases of death or personal injury caused by negligence of any Released Party or cases of loss or damage caused by fraud of, or breach of these Official Rules by, a Released Party, Entrant agrees for Entrant and for Entrant's heirs, executors, and administrators to release the Promotion Entities, Instagram and each of their respective officers, directors, agents, representatives and employees (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from or in connection with participation in this Promotion and/or acceptance or use of any awarded prize, and to indemnify Released Parties from any and all liability resulting or arising from the Promotion. For German resident Entrants: For German resident Entrants the following liability rules apply: Promotion Entities shall be liable for damages caused by culpable injury to life, body or health. By participating in this Promotion and/or by accepting any prize, Entrants agree to release Promotion Entities, Instagram and each of their respective officers, directors, agents, representatives and employees (collectively, the "Released Parties") from any and all liability whatsoever for any other losses or damages of any kind that result from acceptance, possession or use of any prize or from entry or attempted entry into the Promotion unless the damage of the Entrant is caused by gross negligence or willful intent of a Released Party. In an event of slight negligence, the Released Parties shall be liable only for breaches of a material contractual obligation (cardinal duty). A "cardinal duty" is an obligation whose fulfilment makes the implementation of this Promotion possible in the first place and on the fulfilment of which the Entrant may therefore generally rely upon. This liability shall be limited to the typical, foreseeable damages. The Released Parties are not liable for defect prize and for follow-up damages resulting from the defect prize.
  11. PUBLICITY GRANT: Entry constitutes permission (except where prohibited by law) to use any winner’s name, likeness, prize won, Avatar, Etsy ID, hometown, likeness and/or comments about winning for purposes of online posting, advertising, promotion and publicity relating to the Promotion, and in any and all media, now or hereafter known, throughout the world for three (3) years from the date the winner was confirmed as a winner without additional compensation, notification, permission or approval.
  12. WAIVER: Released Parties are not responsible for any technical, mechanical, or other error of any kind resulting from force majeure circumstances beyond their reasonable control and relating to or in connection with the Promotion, including, without limitation, errors which may occur in the administration of the Promotion, the processing of entries, the announcement of the prize or any Promotion-related materials caused by such force majeure event. Participation to the Promotion by internet implies the acknowledgement by the Entrants of internet and IT systems technical limits. As a consequence Released Parties shall not be liable for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Promotion, incomplete, lost, late, stolen, damaged, inaccurate, misdirected, garbled, delayed or undelivered entries, or for technical hardware or software malfunctions or failures of any kind, lost, unavailable network connections, or failed, incomplete, garbled or delayed computer transmission, which may limit an individual's ability to participate and/or the failure of any third party to comply with the instructions and proper administration of this Promotion. Sponsor reserves the right in its sole discretion, to disqualify any Entrant or Entry that is in violation of the Official Rules or to cancel, suspend or modify the Promotion, and disqualify any implicated Entrant(s), (and their entries) if any fraud, virus, actions by Entrants, technical or other error or problem of any kind, or any other occurrence corrupts or affects the administration, integrity, security, or proper play of the Promotion. In the event of cancellation, Sponsor reserves the right, at its sole discretion, to select the potential winner in a random drawing from among all eligible, non-suspect entries received up to the time of the event or action warranting such cancellation or to take any other action it deems equitable to fairly award any prize. CAUTION: Any attempt by an Entrant to deliberately damage any web site or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages from any such Entrant to the fullest extent permitted by law, including criminal prosecution. Sponsor is not responsible in the event Sponsor is prevented from continuing with the Promotion as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike (except in respect of French resident Entrants), 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, or order of any court or other cause not within Sponsor's control or concerns regarding the safety of any Entrant or winner, or otherwise.
  13. GOVERNING LAW/DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant, Sponsor or the Released Parties in connection with the Promotion, shall be governed by and construed in accordance with the domestic laws of Ontario and the Federal laws of Canada for Canadian residents, the laws of Germany for German residents, the laws of France for French residents, the laws of England for United Kingdom residents, the laws in force in the relevant State or Territory for residents of Australia, or the laws of New York, United States for United States residents. Except in respect of French residents: Any and all disputes, claims, and causes of action arising out of or in connection with the Promotion, shall be resolved individually, without resort to any form of class action. FOR UK AND CANADA RESIDENTS (NOT GERMANY OR FRANCE RESIDENTS): ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY'S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. FOR UK, FRANCE AND CANADA RESIDENTS (NOT GERMANY RESIDENTS): CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE SPONSOR'S WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor's failure to enforce any term of these rules shall not constitute a waiver of that provision.
  14. COPY OF RULES AND WINNER’S LIST: For non-French residents: For the name of the winner (available within 30 days after the Sweepstakes ends) (except in Australia), mail a self-addressed, stamped envelope to Legal Department, Etsy, Inc., 117 Adams Street Brooklyn, NY 11201 no later than 60 days after the Promotion Period ends. For French residents: These Official Rules can be sent free to anyone who makes a written request to legal@etsy.com before the closing date of the Promotion. The name of the winner will be communicated to anyone who makes a written request to legal@etsy.com within 30 days after the Promotion ends. For valid Entries from eligible entrants, the internet connection expenses to enter the Promotion and/or to ask for a copy of these Official Rules and/or of the winner's list can be reimbursed on mere request to legal@etsy.com, except for people who have subscribed to unlimited internet through ADSL or cable, according to the following conditions: a flat reimbursement on the basis of the average duration of connection and of the average reduced tariff practiced by internet providers in the market, up to a maximum of €1 (including the cost of this request). To be reimbursed, entrants must also provide justifications that they personally bear the costs of such expenses.
  15. Nothing in these conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Australian Competition and Consumer Act 2010 (Cth).
  16. PRIVACY POLICY: Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy to enable the Sponsor and its affiliates and agencies to administer and promote this Promotion and its winners. Please review the Sponsor’s privacy policy posted on www.etsy.com/privacy. The personal information of winners may be provided to corporate affiliates of the Sponsor, third parties assisting in the conduct of the Promotion, including prize suppliers and deliverers, and for publicity purposes surrounding the Promotion. The personal information of THE winners is likely to be disclosed to countries outside Australia including the United States of America and the UK. If the personal information requested is not provided, the entrant may not participate in the Promotion. By participating in the Promotion, entrants hereby agree to Sponsor’s collection and usage of Entrant’s personal information as described and in accordance with the Sponsor’s privacy policy and acknowledges that entrant has read and accepted Sponsor’s privacy policy. For residents of the EU and Australia: you have the right to access to your personal data, to request that it be updated, corrected, not used for marketing purposes, or deleted for legitimate reasons by emailing legal@etsy.com. This Promotion is not sponsored, endorsed or administered by Instagram, nor is Instagram associated with the Promotion in any way. You understand that you are providing information to Sponsor and not to Instagram. Any questions, comments or complaints regarding the Promotion must be directed to Sponsor and not to Instagram.

Last updated on Jan 22, 2019