1. Official Rules. The Sweepstakes is subject to these Official Rules except as expressly stated otherwise. No purchase necessary. A purchase or payment of any kind will not increase your chances of winning. Void where prohibited. The Sweepstakes is sponsored by FLOOD Magazine, Incorporated, 542 N. Larchmont Blvd, Los Angeles, CA 90004 (the “Sponsor”).
2. Eligibility. The Sweepstakes is open to legal residents of the United States (but excluding U.S. military installations in foreign countries and all other U.S. territories and possessions), who are the legal age of majority in their state of residence (and at least 18) at the start of the Sweepstakes (“Entrant”). By participating in the Sweepstakes, Entrant agrees to be fully and unconditionally bound by these Official Rules and the decisions of Sponsor. Entrant must have an internet connection and an Instagram account (which is free), go to Instagram.com to sign up for an account.
3. Sweepstakes Restrictions. Employees of Sponsor its affiliates, Sweepstakes supervisors and members of their immediate families, and each of their respective parent companies, subsidiaries, affiliates, officers, governors, owners, distributors, retailers, advertising/promotion agencies (collectively “Released Parties”), and members of their immediate families (parent, spouse, sibling or child and their respective spouses, regardless of where they reside) and those living in the same household of each, whether or not related, are not eligible to participate or win. The Sweepstakes is subject to all applicable federal, state and local laws, rules and regulations. Void where prohibited.
4. Social Media. Entrant may be required to enter, as defined in these Official Rules, through various social media channels or activities such as through Instagram. In addition to these Official Rules, Entrant must also abide by the terms of use and privacy policies for Sponsor’s website, referenced below, and Instagram. Entrant may not inaccurately tag content (e.g., do not tag yourself in a photo if you are not in it). Sweepstakes are in no way sponsored, endorsed or administered by, or associated with any social media platform and Entrants are providing their information to Sponsor and not to the social media platform.
5. Privacy. The information you provide in your entry will be used for administering this Sweepstakes and for marketing purposes in accordance with Sponsor’s privacy policy found here.
6. Sweepstakes Period: The Sweepstakes begins at 10:00 a.m. Pacific Time (“PT”) and ends at 11:59:59 p.m. PT according to the dates outlined below (the "Sweepstakes Period").
Sweepstakes Entry Start Date May 7, 2024
Sweepstakes Entry End Date May 13, 2024
Entries must be received within the Sweepstakes Period according to the Sponsor’s internal time clock. Entries will not be accepted if received after the Sweepstakes Entry End Date.
7. How to Enter the Sweepstakes. Entries for the Sweepstakes may be submitted through Instagram by (1) logging in or creating your public Instagram account; (2) following @floodmagazine on Instagram, (3) liking the Just Like Heaven giveaway post from the @floodmagazine account and commenting as well as tagging a friend (4) Sharing the Just Like Heaven post from the @floodmagazine account on your Instagram story. Sponsor reserves the right to disqualify any Entry that it believes, in its sole discretion, does not meet terms and conditions of these Official Rules. If you participate by accessing the URL through a mobile device, based upon your mobile carrier, data rates may apply. Please check with your carrier to determine if you will incur charges before participating in this Sweepstakes. To participate in the Sweepstakes you do not have to access the URL through a mobile device. You agree to incur any and all charges demanded by your carrier.
8. Sweepstakes Entry Restrictions.
8.1. Multiple Entries. Limit of one (1) original Entry per day per natural person. Multiple Entries will not be considered. Posting the same Entry repeatedly on Instagram will not increase your chances at winning and may result in Instagram suspending your account.
8.2. Multiple Accounts. Persons discovered entering under multiple Instagram accounts will be disqualified. Sponsor reserves the right to disqualify false Entries or Entries suspected of being false. In the event of a dispute as to the identity of a Winner (defined in Section 9 below), Sponsor, in its sole discretion, will determine the Winner to be the person who owns the winning Instagram account.
9. Prizes.
9.1. Prize ARV. In total there will be one (1) Grand Prize Winner (collectively the “Winner”) as set forth below and selected at random from among all eligible entries. The approximate retail value (“ARV”) for all prizes offered during the Sweepstakes Period is approximately $800.
9.2. Prize Restrictions. No substitution, transfer, or cash redemption of any prizes permitted, provided however that Sponsor reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize become unavailable for any reason. Winner cannot assign or transfer their prize to another person or business.
9.3. Liabilities. Winner are solely responsible for any and all federal, state, and local taxes on prizes. All activities related to the prize are at the Winner’ own risk and subject to whatever restrictions are imposed by the entities that govern such activities. If the prize retail value is $600 and over, Winner will be issued an IRS Form 1099 and must submit a social security number or taxpayer id number.
10. Odds. The odds of winning depend upon the number of eligible entries received.
11. Notification of Winner.
11.1. Notification. Potential Winner will be drawn and notified on or before 06:00 PM PST Monday May 14th, 2023. The potential Winner will be notified by a Direct Message through their Instagram account. Potential Winner will be required to respond as directed within one (1) days of attempted notification. Potential Winner may also be sent a liability release form and winner’s affidavit of eligibility (“Release”). Winner may be required to complete and return the Release within five (5) days from the date of notification before Sponsor awards any prize.
11.2. Unclaimed Prizes/Alternate Winner. If the prize notification or any prize is returned as undeliverable, or if a Winner may not accept or receive a prize for any reason including failing to comply with these Official Rules, failing to respond to notification or failing to provide any required documents, the prize will be forfeited or Sponsor may choose an alternate winner in accordance with these Official Rules. Sponsor may not make multiple attempts to contact potential Winner.
11.3. Prize Delivery. Winner will receive prizes by mail within approximately thirty (30) days of the date on which the Sponsor receives the completed, signed Release from the Winner, depending upon availability and nature of prize.
12. Publicity. By participating in the Sweepstakes, all Entrants agree to be bound by these Official Rules and irrevocably grant the Sponsor and their respective successors, assigns and licensees the right to use such Entrants’ name, voice, photograph, video or film clips, biographical information and/or other visual likeness in any and all media or formats known or later developed without any further compensation, permission or notification for any purpose, including without limitation, commercial, advertising and promotional purposes in connection with Sponsor’s website and Sponsor’s social media accounts.
13. License to Submissions. By submitting a photo, video recording, audio recording, or text as Entry into the Sweepstakes, Entrant warrants and represents that he/she personally took the photo, recorded the video or audio, or composed the written text and has any and all rights to such photo, video or audio recording, or text. By submitting an Entry, Entrant grants Sponsor an irrevocable, royalty-free, perpetual, transferable, worldwide right to use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote any Entry, as such may be edited and modified by the Sponsor in its sole discretion, for editorial, commercial, promotional and all other purposes, including posting on any websites and social media platforms.
14. Sweepstakes Interference.
14.1. Impairment. Any portion of the Sweepstakes may be canceled, suspended and/or modified, in whole or in part, if in Sponsor’s opinion any fraud, technical failure or other factor beyond Sponsor’s control impairs the integrity or proper functioning of the Sweepstakes. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in a disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person.
14.2. Sponsor’s Remedies. Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Entrant may not enter with multiple identities or use any automated system, bot or other device or artifice to enter or obtain more than the maximum number of qualified Entries. Any attempt to deliberately damage or undermine the legitimate operation of the Sweepstakes may be in violation of criminal and civil laws and will result in disqualification from participation in the Sweepstakes. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages to the fullest extent of the law, including criminal prosecution.
15. Limitations of Liability.
15.1. Entrant’s Sole Remedy. If for any reason an Entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, the Entrant's sole remedy is another Entry in the same Sweepstakes during the Sweepstakes Period.
15.2. Indemnification. Entrants and Sweepstakes Winner also agree to release, discharge, indemnify and hold harmless Sponsor and the Released Parties from and against any claims, actions, liability, loss, injury or damages, disability, attorneys' fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person, including, without limitation death to Entrants, Sweepstakes Winner, or any third party, or damages or losses to property of any kind resulting in whole or in part, directly or indirectly, by any reason, from:
15.2.1. use, redemption, acceptance, possession, ownership, or misuse of any prize;
15.2.2. participation in any activity, event, or excursion offered in connection with the prize;
15.2.3. use of any facility, service and/or accommodation related to the prize; or
15.2.4. participation in any Sweepstakes-related activity or participation in this Sweepstakes.
15.3. No Liability. The Released Parties will not be liable for:
15.3.1. late, lost, delayed, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible Entries, communications or declarations, regardless of the method of transmission;
15.3.2. telephone system, telephone or computer hardware, software or other technical malfunctions, lost connections, disconnections, delays or transmission errors;
15.3.3. data corruption, theft, destruction, unauthorized access to or alteration of Entries or other materials;
15.3.4. any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Sweepstakes; or
15.3.5. any printing, typographical, administrative or technological errors in any materials associated with the Sweepstakes.
15.4. Technical Malfunctions. Without limiting the generality of the foregoing, Released Parties are not responsible for computer malfunctions, network connections, email delivery problems, Sponsor or third party systems failure or incompatibility, typographical, technical or key-stroke errors, or interruptions in internet services, and for incomplete, illegible, misdirected, misprinted, late, lost, damaged or stolen notifications.
15.5. Force Majeure. In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within Sponsor’s control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sponsor will have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor may, if possible, select the Winner from all eligible, non-suspect Entries received as of the date of the event giving rise to the termination.
16. Severability. The invalidity or unenforceability of any provision of these Official Rules will 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 Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not included.
17. Governing Law and Venue. Disputes regarding these Official Rules and/or this Sweepstakes will be governed by the internal laws of the State of California, and each entrant irrevocably and unconditionally agrees that it will not commence any action, litigation or proceeding of any kind whatsoever against Sponsor in any way arising from or relating to this Sweepstakes or these Official Rules in any forum other than the appropriate district or State courts of the State of California sitting in the Borough of Manhattan.
18. Disputes. Decisions of Sponsor are binding and final. No claimant in any dispute involving Sponsor will be entitled to claim or obtain indirect, punitive, incidental or consequential damages. Sponsor’s failure to enforce any provision in these Official Rules will not constitute a waiver of that provision. As a condition of participating in this Sweepstakes, Entrant waives any right to participate in a class action or have a trial by jury for any litigation directly or indirectly arising out of, under or in connection with this Sweepstakes.
19. Sweepstakes Results: For Winner info and/or a copy of these Official Rules you can send a hand-printed, self-addressed, stamped envelope stating the specific name of this Sweepstakes to FLOOD Magazine ℅ FLOOD Magazine CONTEST, 542 N. Larchmont Blvd, Los Angeles, CA 90004. Requests must be received within ninety (90) days of the Sweepstakes Entry End Date.
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