NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. VOID IN AK, HI, AND WHERE PROHIBITED BY LAW. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK AND/OR INSTAGRAM™.
BY ENTERING THE SWEEPSTAKES ENTRANT AGREES TO THESE OFFICIAL RULES.
ALL PHOTOS WITH #REELZIndependent MAY APPEAR IN PHOTO GALLERY ON THE REELZCHANNEL AND THE INDEPENDENCE HAPPENS HERE FACEBOOK, INSTAGRAM, TWITTER AND TUMBLR SOCIAL MEDIA ACCOUNTS PAGES. SELECTION OF PHOTOS TO APPEAR IN PHOTO GALLERY IS IN SPONSOR’S SOLE DISCRETION.
Nominators in the ReelzChannel “Indie” Sweepstakes (the “Sweepstakes“) can be legal residents of the 48 contiguous United States and District of Columbia (“DC”), who are eighteen (18) years older at the time of entry (or 19 or older for residents of AL & NE), who have a Facebook, or Instagram account in good standing. Nominees must be a small business organized or incorporated and located within the 48 contiguous United States or DC (“Small Business”). PLEASE NOTE: An entry into the random drawing will be considered an entry for the Small Business, and not an entry for the individual submitting the entry/nominator. However, a Small Business owner may nominate his/her own Small Business into the Sweepstakes. Void in Alaska, Hawaii, Puerto Rico, and where prohibited by law. No purchase necessary to enter the Sweepstakes. Employees of ReelzChannel, LLC, Hubbard Broadcasting, Inc. (collectively the “Sweepstakes Entities“), or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Sweepstakes and their immediate family (spouse, parents and step-parents, siblings and step- siblings, and children and step-children) and household members of each such employee are not eligible to enter or win. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes.
The Sweepstakes begins on January 1, 2016 at 12:00:00 AM Mountain Time (“MT“) and ends on April 30, 2017 at 11:59:59 PM MT (the “Sweepstakes Period“). The Sponsor’s computer is the official timekeeper for this Sweepstakes.
How to Enter
During the Sweepstakes Period, there are two (2) ways to enter your favorite Small Business into the Random Drawing: (1) By Facebook: visit the Independence Happens Here page on Facebook at www.facebook.com/IndependenceHappensHere and post in the comments of the most recent post to the page, or any similar post made within the Sweepstakes Period; a photo showcasing an element (such as a location, a logo, or a workstation) of your Small Business with the hashtag #REELZIndependent and the name of the Small Business or (2) By Instagram: post to your Instagram account a photo showcasing an element (such as a location, a logo, or a workstation) of your favorite Small Business, including the hashtag #REELZIndependent and the name of the Small Business. Upon submitting the photo, that Small Business featured in the Facebook/Instagram post will receive one (1) entry into the Random Drawing (collectively, “Photo Entry”). The Small Business and also the person submitting the entry will receive one (1) Photo Entry for each unique Photo Entry submitted throughout the Sweepstakes Period. All Photo Entries must be submitted by 11:59:59 p.m. MT on April 30, 2017 to be eligible to receive an entry into the Random Drawing.
Please note: entrant nominating their favorite Small Business must be either a registered user of Facebook or the Instagram app (“Instagram”). Registration is free and can be obtained by downloading the respective application from iTunes or Google Play or visiting Facebook’s or Instagram’s website (listed above). An Entrant may NOT submit the same Photo Entry on Facebook and Instagram. All Photo Entries may appear in the photo gallery on the ReelzChannel website at www.reelz.com, on the ReelzChannel Facebook and/or Instagram pages, and on the Independence Happens Here website at IndependenceHappensHere.com and Facebook and/or Instagram pages. The selection of Photo Entry’s that will appear in the gallery is determined at Sponsor’s sole discretion.
Any attempt by any entrant to enter by using multiple/different Facebook or Instagram accounts, email addresses, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified, at the sole discretion of Sponsor. Use of any automated system to participate is prohibited and may result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which may be disqualified. In the event of a dispute regarding who submitted a Photo Entry, the Photo Entry will be deemed submitted by the authorized account holder of the Facebook or Instagram account from which the Photo Entry was submitted. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. No automatically generated entries will be accepted.
Privacy Policies and Data Collections
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram. Facebook and Instagram are registered trademarks. Such use is not intended to suggest or imply the sponsorship, endorsement, or the approval of this Sweepstakes by Facebook or Instagram. By entering, you are providing your information to Sponsor, and not to Facebook or Instagram.
Photo Entry Requirements, Restrictions and License
1. Entrants agree to and understand that the Photo Entry will be made available to the public, including without limitation, posting on the Internet. Whether or not the Photo Entry is published on the Internet, Sponsor makes no representation or warranty regarding the confidentiality of any Photo Entry.
2. Each Photo Entry must be taken by Entrant and be an original creation of the submitting Entrant. The Photo Entry must be under no restriction, contractual or otherwise, that will prevent Sponsor’s use of the Photo Entry and each Photo Entry must be free of any and all liens, encumbrances and claims of third parties. Entrant acknowledges, agrees, represents and warrants that, nothing in the Photo Entry infringes on any copyrights, confidential information, trade secrets or trademarks belonging to any person or entity other than the Entrant absent a suitable license, clearance or permission agreement (proof of which may be required upon submission), or violates any person’s rights of privacy or publicity and that all necessary releases and permissions have been secured from anyone appearing in the Photo Entry or any person or entity with any rights in or to the Photo Entry. Entrant agrees to indemnify and hold harmless each of the Sweepstakes Entities, Facebook, Instagram, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and their respective parent, subsidiaries, and affiliates and each of their respective officers, directors, members, employees, agents and subcontractors (collectively, the “Released Parties”), from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by Entrant of these Official Rules or the warranties and representations made by Entrant herein. Modifying, enhancing or altering a third party’s preexisting work does not qualify as Entrant’s original creation.
3. By uploading the Photo Entry, the Entrant grants Sponsor, for no additional compensation other than entry into the Sweepstakes, a non-exclusive, royalty-free, worldwide, perpetual license to publish, make available to the public, reproduce, edit, modify, exploit, make derivative works from or otherwise use the Photo Entry through any and all media available at any time during, or after, the Sweepstakes Period on any related websites, in any promotional materials, whether related or un-related to the Sweepstakes, and at any other location, whether physical or online, that Sponsor, in its sole discretion, deems appropriate. In addition, Entrant warrants that any so called “moral rights” in the Photo have been waived and Entrant acknowledges and agrees that Sponsor may use any ideas from any Photo Entry or other submitted materials, whether or not Entrant has been awarded a prize in connection with any such Photo or other materials. Entrant agrees to release, defend, indemnify and hold harmless each of the Released Parties from all claims, demands, and causes of action of any nature whatsoever which Entrant or Entrant’s heirs, representatives, executors, administrators, or any other persons acting on Entrant’s behalf or on behalf of Entrant’s estate, have or may have by reason of: (i) Sponsor’s exercise of any rights granted by Entrant in this paragraph; (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Sponsor’s use of the Photo Entry and any portion thereof, or the likeness of any natural person therein.
4. Entrants are responsible for securing necessary permissions, talent and location releases, and licenses for any visual material contained in the Photo Entry.
Photo Content Restrictions
Photo Entries must not contain material that:
1. Contains or depicts someone smoking or intoxicated;
2. Violates or infringes another’s rights, including without limitation, privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
3. Contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
4. Contains any unacceptable clothing or adornments, or displays any commercial/corporate advertising other than that of Sponsor;
5. Contains indecent or unsafe behavior or situations, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise inappropriate, indecent, profane, obscene, hateful, tortuous, slanderous or libelous;
6. References persons or organizations without their written permission;
7. Disparages any persons or organizations;
8. Includes threats to any person, place, business, or group;
9. Is unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations.
10. Does not comply with the terms or conditions or guidelines posted by, Facebook or Instagram.
Failure of any Photo Entry to comply with the above “Photo Requirements” and “Photo Content Restrictions,” as determined by Sponsor, in its sole discretion, may result in disqualification of Entrant. Without limitation, Sponsor reserves the right in its sole discretion to disqualify any Photo Entry that, in their sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Sweepstakes or any other person or entity, does not comply with these Official Rules or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein. All Photo Entries shall become the exclusive property of Sponsor and will not be returned. Photo Entries must be suitable for presentation in a public forum, in the sole determination of Sponsor.
GRAND PRIZE: One (1) Grand Prize (the “Grand Prize” or the “Prize”) is available to be awarded in this Sweepstakes: The Prize consists of ReelzChannel arranging for production of a :30 TV commercial for the winning Small Business. ReelzChannel will buy airtime on local cable in the region of the winning Small Business. In the event a TV commercial production cannot be completed or aired in a local market, ReelzChannel will create a print advertisement for publishing in the local market. Total Approximate Retail Value not to exceed $4,999. ReelzChannel shall control approval of all aspects of the commercial production, including, but not limited to, all production dates, advertisement script and/or print design, and final broadcast or print outlet.The retail value of the Grand Prize may vary. Any difference between the stated maximum value and actual value will not be awarded. All expenses not specifically mentioned herein shall be the sole responsibility of winning Small Business. Small Business agrees to work with ReelzChannel on the production and make itself available for the shoot date(s), as determined solely by ReelzChannel. In no event shall the shoot dates occur after three (3) months of the random drawing. The TV commercial and/or print advertisement must be produced no later than three (3) months of the Random Drawing, or winning Small Business will forfeit its right to the Grand Prize. . Taxes are sole responsibility of winning Small Business. Prize only consists of those items specifically listed as part of the prize. Grand Prize is non-transferable except Sponsor reserves the right at its sole discretion to substitute the Grand Prize, or any portion thereof, with another prize of equal or greater value in the event that the Grand Prize (or any component thereof) is not available. The Grand Prize winning Small Business is solely responsible for complying with any applicable federal, state and/or local laws and regulations applicable to any prize awarded, including the final TV commercial. Sponsor reserves the right to withhold delivery of the Grand Prize if Winner does not comply with the above requirements and the Grand Prize may be forfeited, in Sponsor’s sole discretion, by winning Small Business’ such noncompliance. All taxes (including, without limitation, state and federal income taxes) and the reporting consequences thereof associated with the use and acceptance of the Grand Prize is solely the responsibility of the winning Small Business, who will receive an IRS Form 1099 reflecting the Grand Prize value. The person submitting the winning entry will receive one (1) Apple iPad Air, approximately valued at $399. Apple is not affiliated or a sponsor of this promotion.
Sponsor Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
Winner Selection and Notification
There will be a total of one (1) Grand Prize winning Small Business in this Sweepstakes, who will be randomly selected by Administrator from among all eligible entries received throughout the Sweepstakes Period on or about May 7, 2017 (“Drawing Date”). The person who nominated the potential winning Small Business will be contacted via the method such nominator entered the Sweepstakes (i.e., Instagram or Facebook) so the nominator can provide the contact information of the winning Small Business to the Sponsor. Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of potential Winner is final and binding in all matters related to the Sweepstakes.
Failure to respond to the winner notification within three (3) days of notification, or return of message notification as undeliverable after three (3) attempts by Sponsor will result in disqualification and an alternate potential winning Small Business may be selected, time permitting, at Sponsor’s sole discretion. The Sweepstakes Entities shall not be responsible for any failure of the nominator receiving the message, including, without limitation, misdirected messages, non-public accounts, or spam filters. Odds of winning depend on the number of eligible entries received during the Sweepstakes Period.
THE POTENTIAL WINNING SMALL BUSINESS IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES.
Verification of Potential Winner
In order to be confirmed as the Winning Small Business, and without limitation of any other terms herein, the potential Winning Small Business must provide satisfactory proof, as determined by Administrator in its sole discretion, that such potential Winning Small Business is an eligible Small Business, including but not limited to providing a copy of the potential the Small Businesses Articles of Incorporation, State business filing, and/or additional information required by Sponsor in order to verify eligibility and compliance with these Official Rules. Potential Winning Small Business may be required to sign and return to Administrator, within three (3) days of the date notice is sent, an Affidavit of Eligibility, and a Liability/Publicity Release (except where prohibited), which Release will include the right to use Winning Small Businesses trade name and/or trademark in the Photo Entry in order to claim its Prize, or such other documents as Sponsor deems necessary, in its sole discretion (collectively, “Prize Claim Documents”). If a potential Winning Small Business cannot be contacted, fails to sign and return the Prize Claim Documents within the required time period, potential Winning Small Business may be disqualified and may forfeit the prize. In the event that the potential Winning Small Business is disqualified for any reason, Sponsor may award the prize to an alternate winner by random drawing from among all remaining eligible entries, time permitting.
Entry Conditions and Release
By entering or by accepting the prize, each Entrant or Winning Small Business agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Sweepstakes; (b) release and hold harmless the Released Parties from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance or use or misuse of prize and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to an entrant’s participation in the Sweepstakes and/or entrant’s acceptance, use or misuse of prize.
Submission of a Photo Entry constitutes Entrant’s certification that the Photo Entry is Entrant’s own original work and Entrant represents and warrants that the Photo Entry does not and will not infringe the intellectual property or proprietary rights of any third party, including, without limitation, any third party patents, copyrights or trademarks. Entrant hereby agrees not to instigate, support, maintain or authorize any action, claim or lawsuit against Sponsor, or any other person, on the grounds that any use of the Photo Entry as provided herein, infringes any of entrant’s rights as the creator of the Photo Entry as provided herein, including, without limitation, trademark rights, copyrights and moral rights or “droit moral”. Except where prohibited, participation in the Sweepstakes constitutes Winner’s consent to Sponsor’s and its agents’ use of Winner’s name, Facebook or Instagram handles, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, in perpetuity, without further payment or consideration.
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, for any reason whatsoever, including, without limitation, 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 or if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the Winner(s) in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Only the type and quantity of prizes described in these Official Rules will be awarded. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall 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 Official Rules shall not constitute a waiver of that provision.
Limitations of Liability
The Released Parties as set forth above are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. Entrant further agrees and acknowledges that Sponsor reserves the right to forfeit or award any unclaimed or leftover Prize at its sole discretion.
Entrant and Winning Small Business agree that: (i) all disputes, claims and causes of action at law or in equity (individually, “Claim”) arising out of or relating to the Sweepstakes, the meaning or interpretation of these Official Rules or the prize awarded shall be resolved by applying the laws of New Mexico, without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in the state or federal courts within that state; (ii) all Claims shall be resolved individually, without resort to any form of class action; (iii) all Claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event include attorneys’ fees, and under no circumstances will any entrant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses and waives all rights to have damages multiplied or otherwise increased. Notwithstanding the foregoing, Released Parties shall be entitled to seek injunctive relief (unless otherwise precluded by any other provision of these Official Rules) in the state and federal courts of New Mexico.
For the Sweepstakes Winning Small Businesses name (April 30, 2017 edition), send a hand-printed, self-addressed, stamped envelope by May 7, 2017 to: Winner’s List, Reelz “Indie” Sweepstakes, ReelzChannel, LLC, 5650 University Blvd SE, Albuquerque, NM 87106 .Residents of Vermont should omit postage.
For a copy of these Official Rules send a hand-printed, self-addressed, stamped envelope by April 30, 2017 to: Official Rules – Reelz “Indie” Sweepstakes,ReelzChannel, LLC, 5650 University Blvd SE, Albuquerque, NM. 87106 Residents of Vermont residents should omit postage. A copy of the Rules may also be obtained by printing this web page.
Sponsor: ReelzChannel, LLC, 5650 University Blvd SE, Albuquerque, NM. 87106