1. Sponsor: This contest is sponsored by The Nexus at Gray’s Landing LLC (“Nexus”).
2. How to Enter: All entries shall be submitted through Instagram. Individuals must have or open an account with Instagram in order to participate in the contest. Instagram accounts are subject to the Instagram terms and conditions. Instagram account must not be set to “private” (The Nexus can only see your “public” photographs). In order to enter, complete the following steps:
No Entry shall contain any language or imagery which the Nexus deems, in its sole and absolute discretion, to be inappropriate, indecent, obscene, hateful, tortious, defamatory, or that promotes discrimination on the basis of race, gender, religion, nationality, disability, sexual orientation, or age. The Nexus reserves the right, in its sole discretion, to disqualify any Entry that contains any such language or imagery or which otherwise may be in violation of any law. Late, incomplete and/or inaccurate entries and entries not complying with these terms and conditions are subject to disqualification. Any form of automated entry, including by the use of macros, scripts or bots, will be disqualified. Furthermore, by entering, each Participant represents and warrants that each Entry complies with these terms and conditions in full. Entries must not contain any material that the Nexus, in its sole discretion, deems inappropriate for public viewing and/or determines is contrary to the purpose of the Contest. The Nexus reserves the right in its sole discretion to disqualify and/or not accept any Entry that does not or is likely not to comply with these guidelines. Your submission of an Entry constitutes your legal representation that you are eligible to participate in The Contest, and that you have read and agree to be bound by these Rules.
3. Eligibility: Your Entry photograph must be original and not infringe the intellectual property rights of any third party. All pet photos are welcome: past or present. Four entries per person are allowed: This means no more than four pictures per person.
4. Enter Period: Entries will be accepted starting at 5:00 p.m. Central Time, October 22, 2018 and ending 11:59 p.m. Central Time, October 30, 2018 (the “Contest Entry Period”). The timestamp generated by Instagram shall be the official time-keeping device for the Contest.
5. Judging Criteria: All Entries will be judged by Nexus personnel, to be selected by the Nexus at its sole discretion (the “Judges”). The Judges shall select the Winner using the following equally weighted criteria: creativity; composition of photograph; and relevance to the Contest theme, which is Halloween Pet Costume. No categories, just Halloween theme and pet(s) must be yours and dressed in Halloween gear without putting the pet in harm’s way. Don’t make your pet dress up if he doesn’t want to, please. Pets who don’t like to dress up can wear a fun collar and leash or bandana and be entered. Pet(s) can also be pictured in a lovely Halloween scene. Decisions of the Judges are final and binding.
6. Prize and Pick-Up Information: The Winner will a bucket filled with pet treats (worth $100) for the Instagram account holder and their canine companion. The Winner’s acceptance of the prize will constitute acknowledgement and consent to these Contest Rules. After claiming the prize through Instagram, the Winner must pick-up their basket from the Nexus at Gray’s Landing front desk located at 415 SW 11th St, Des Moines, IA 50309
7.Winner Notification, Requirements, and Grant of Rights: The Nexus, using the @thenexusdsm Instagram account, will notify the Winner by making an Instagram comment on the winning Entry (the “Notification”), on Wednesday, October 31, 2018 by 12:00 p.m. immediately following the conclusion of the Contest Entry Period. To claim the Prize, Winner must respond to the Notification within 24 hours of its posting (12:00 p.m. November 1, 2018) by direct messaging @thenexusdsm on Instagram an express statement of its acceptance of the prize. After the prize has been claimed, the winner will be announced publicly.
If there is a dispute as to the identity of an entrant, the Prize will be awarded to the authorized account holder of the Instagram account associated with the winning Entry, as registered with Instagram. The Nexus shall have no liability for a Winner’s failure to receive notices due to Winner’s failure to check Instagram, due to spam, junk e-mail or other security settings. The Nexus may, in its discretion, announce the name of any potential Winner on Instagram or in other forms of communication. The receipt by any Winner of the prize offered in this Contest is conditioned upon compliance with any and all federal and state laws and regulations.
By participating in this contest the Winner grants the Nexus a royalty-free, irrevocable, transferrable, sublicensable, and non-exclusive perpetual license throughout the universe for use in any and all media, whether now known or hereafter devised, to use and exploit (including without limitation by reproduction, distribution, public display, adaptation, communication to the public, and/or public performance, and including for commercial purposes) the Entry photograph, waive to the full extent permitted by law any and all claims against the Nexus related to moral rights in the Entry, and, except where prohibited, grant permission to have the Winner’s name, likeness and identity used for promotional purposes by the Nexus without additional compensation. The failure of a potential Winner to promptly prove eligibility, agree to the required grant of rights upon Entry, or respond to the Nexus’ attempts to contact the potential Winner, will result in immediate disqualification and selection of an alternative Winner.
ANY VIOLATION OF THESE OFFICIAL TERMS AND CONDITIONS BY ANY WINNER (AT THE NEXUS’ SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Limitation of Liability: By entering, each Participant agrees to hold harmless the Nexus and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such Participant’s participation in the Contest and/or her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited any loss or damage to any Entry, (iii) the malfunctioning of any computer, cable, network, hardware or software; (iv) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (v) unauthorized human intervention in any part of the entry process for the Contest; (vi) electronic or human error which may occur in the administration of the Contest or the processing of Entries; to the maximum extent allowed by law. Some jurisdictions may not permit certain liability limitations or waivers. If any court determines the law of such a jurisdiction applies, our liability shall be limited to the greatest extent permitted by law.
9. Disputes: THE CONTEST IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF MINNESOTA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in the Contest, to the fullest extent allowed by law, Participant agrees that any and all disputes, claims, causes of action or controversies arising out of or in connection with the Contest, shall be resolved in arbitration individually and without resort to collective, class, or aggregate action. By registering and/or submitting an Entry, each Participant irrevocably waives, to the greatest extent allowed by law, any right to seek and/or obtain rescission and/or equitable and/or injunctive relief. Further, in any such dispute, under no circumstances will Participant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than Participant’s actual out-of-pocket expenses (i.e. costs associated with entering the Contest), and participant further waives all rights to have damages multiplied or increased.
10. Disclaimer: The Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram, and in no instance shall Instagram and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors (all of the foregoing, the “Instagram Parties”) be liable for any disputes, claims, causes of action or controversies arising out of or in connection with the Contest.
11. General Terms and Conditions: All federal, state, and local laws and regulations apply, and the Contest is void where prohibited. The Nexus reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest should (in its sole discretion) a virus, bug, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In such case, the Nexus may select the recipients from all eligible Entries received prior to and/or after (if appropriate) the action taken by the Nexus. The Nexus reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest or who violates these Contest Rules. These Contest Rules set forth the entire agreement and understanding between the Nexus and Participant concerning the subject matter hereof and merges and supersedes all prior discussions, agreements, and understandings of any kind between them. Notwithstanding anything contained herein to the contrary, the Nexus reserves the right, in its sole discretion, at any future time to terminate, modify, or suspend the Contest for any reason, in the Nexus’ sole discretion. Participant shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. The Nexus’ failure to enforce any provision of these terms and conditions shall not constitute a waiver of any provision contained herein. If any provision of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein. The titles of Sections of these terms and conditions are for convenience only and shall not be given any legal effect. The word “including” is used in these terms and conditions to mean “including but not limited to.”
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