MSNBC Instagram Challenge Rules and Regulations

Related: A chance to earn tickets to see the 2016 Global Citizen Festival

MSNBC Instagram Challenge

Official Rules

September 23, 2016—September 23, 2016 

PRELIMINARY INFORMATION:  No purchase necessary. A purchase will not improve your chances of winning. Void where prohibited. The MSNBC Instagram Challenge (“Contest”) will begin on September 23, 2016 at 11:00 AM ET and end on September 23, 2016 at 6:00 PM ET (“Contest Period”).  All times in the Contest refer to Eastern Time (“ET”). Odds of winning depend upon the number of eligible entries received.  Contest is subject all applicable federal, state and local laws. PARTICIPANTS SHOULD NOT EXPOSE THEMSELVES OR OTHERS TO ANY DANGEROUS OR HARMFUL BEHAVIOR OR ACTIVITY AT ANY TIME DURING THIS CONTEST. PARTICIPANTS AGREEE TO ABIDE BY ALL TRAFFIC, SAFETY, AND OTHER APPLICABLE LAWS. 

Instagram, Inc. and its parents, affiliates, subsidiaries, related and affiliated entities are not Sponsors of the Contest and are not affiliated with the Contest in any way. 

ELIGIBILITY: Open only to permanent, legal U.S. residents who are physically residing in one (1) of the fifty (50) United States (“U.S”), excluding U.S. Virgin Island, Puerto Rico and other U.S. territories, and who are sixteen (16) years of age or older as of the start of the Contest Period, and in the New York City area. Officers, directors, and employees of Contest Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and each of their respective spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Contest.  Contest Entities, as referenced herein, shall include MSNBC, NBCUniversal Media, LLC, both located at 30 Rockefeller Plaza, New York, NY 10021 (collectively, “Sponsors”), and each of their respective parent, subsidiary, and affiliate companies, and administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Contest. 

HOW TO ENTER: To enter the Contest, during the Contest period go to the Instagram application on your smartphone mobile device, and (1) if you already have an Instagram account, log on using your Instagram username and password, then click into MSNBC’s Story (“Story”) by searching for “MSNBC” in the Search tab and then clicking on the MSNBC profile photo to access the Story; or (2) if you do not already have an Instagram account, create a free Instagram account according to the instructions on the Instagram Site and access the MSNBC Story as indicated in (1) above. Please note that you must agree to comply with the Instagram Terms of Use in order to create an Instagram account.  Once you click into MSNBC’s Story, you will receive clues (each a “Clue”) throughout the Contest Period for items and/or locations to take and save photos of on your mobile device (each a “Photo”). A total of six (6) Clues will be revealed during the Contest. Sponsors may amend the number of Clues anytime for any reason. 

Photo must have been taken by you and you must have permission of any person identified in Photo. If any minors appear in Photo, the entrant must be that minor’s parent and/or legal guardian. Professional Photos and Photos with watermarks are not eligible. 

At or around 5:00 PM ET on September 23, 2016, entrants will need to arrive at the Shop at NBC Studios, located at 30 Rockefeller Plaza, New York, NY 10112 (“Location”). Sponsors may amend any element of this Contest or suspend the Contest itself at any time for any reason. 

At the Location, representatives of Sponsors will review and reward seventy-five (75) prizes (each a “Prize”). A total of seventy-five (75) Prizes will be awarded.  Each Prize will be awarded as follows: 

• Sponsors will review the first seventy-five (75) entrants at the Location to see if each entrant has all the Photos in response to the Clues. If any of the first seventy-five (75) entrants do not have all the Clues, Sponsors will then check the seventy-sixth (76th) entrant in line, and so on and so forth in Sponsors sole discretion, until Sponsors find the first seventy-five (75) entrants in line with all the Photos (each a “Winner”).
• If no one claims the Prize within a reasonable time, as determined by Sponsors in their sole discretion, Sponsors may elect not to award the Prize, to announce additional Clues, or to change the Location. 

Decisions of Sponsors and/or their representatives are final and binding with respect to all matters related to the Contest.  Winning is subject to verification of eligibility.  PotentialWinner may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release before receiving the Prize. Noncompliance with these Official Rules may result in disqualification and, at Sponsors’ discretion, and time permitting, an alternate potential Winner may be selected from the next eligible entry based on the next arrival at the Location. 

Entry constitutes permission (except where prohibited by law) to use entrant’s name,  city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval. By entering the Location, contestants agree to be filmed, photographed, identified and/or included in promotional materials. 

PARTICIPATION CONDUCT: A participant may be removed from the Location and/or disqualified from participating in the Contest, at the sole discretion of Sponsors, for any reason at any time, including but not limited to the advice of Sponsors’ representatives at Location (“Event Staff”), by creating an unauthorized disturbance, interruption, or unnecessarily rough physical or mental threat to the well-being of any other participant or Event Staff, he/she may be removed from the Location. Any act performed by participant defined by Federal, State of Local statute or ordinance as constituting a criminal act may result in removal from the Location and/or disqualification from Contest. At the sole discretion of Sponsors, if a participant uses profanity, or demonstrates any lewd or sexually suggestive gestures or full or partial nudity, the Sponsors shall have the right to remove the individual from the Location and/or disqualify participant from Contest. At the sole discretion of the Sponsors and Event Staff, if a participant creates a potential for death, disability, injury, property damage or any other negative incident during Contest or during his/her participation in Contest, the Sponsors shall have the right to disqualify participant from Contest and to remove that individual from the Location. And disqualification and/or removal from the Location will result in forfeiture of any Prize that may have been awarded. 

By participating, each participant (i) understands the Sponsors have not arranged for and do not carry any insurance of any kind for participant’s benefit and that participant will be solely responsible for obtaining and paying for any medical, life, accident, automobile, property or other insurance relative to his/her participation in Contest; (ii) agrees that he/she will obey all traffic, safety and other applicable laws and will not speed or otherwise expose himself/herself or any other individual, whether participating in the Contest or not, to harm or danger of any kind; (iii) agrees to release and hold harmless the Released Entities (defined below) from any injuries, losses or damages of any kind, including, without limitation, death, to persons, or property resulting in whole or in part, directly or indirectly, from participating on Contest; and (iv) agrees to indemnify the Released Entities (defined below) from any losses, liabilities or expenses, including, without limitation, reasonable attorneys’ fees, resulting from any claims, proceedings or investigations arising from or in connection with participant’s participation in Contest or compliance or non-compliance with these Official Rules. 

PRIZE:  There will be seventy-five (75) prizes awarded (“Prizes”, each a “Prize”), one (1) Prize awarded to each Winner. Each Prize consists of the following:  two (2) general admission tickets for Winner and one (1) guest (“Guest”) to the Global Citizen Festival, scheduled to take place on September 24, 2016 at the Great Lawn in New York City’s Central Park (“Event”) .  Prize does not include transportation, accommodations or parking. 

Estimated Retail Value (“ERV”) of each Prize is zero dollars ($0).  Actual Retail Value (“ARV”) of Prize may vary. Any difference between ERV and ARV will not be awarded. 

Sponsors will determine all details of Prize in their sole discretion.  Sponsors reserve the right to substitute Prize (or portion thereof) with a similar prize (or prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed within a reasonable time after notification from Sponsors, as determined by Sponsors in their sole discretion, it will be forfeited, and time permitting, an alternate Winner may be selected from the remaining eligible entries at Sponsors’ sole discretion.  

Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize, and are not responsible or liable for any expenses incurred as a consequence thereof. Date and/or time of Event is subject to change.  Event is subject to cancellation.  If Winner(s) chooses to attend the Event with no Guest, the remaining elements of Prize shall constitute full satisfaction of Sponsors’ Prize obligation to Winner(s) and no additional compensation will be awarded. Guest, if any, may be required to execute and return releases of liability and, except where prohibited, publicity releases (collectively, “Guest Documents”), which must be returned with the Contest Documents, or Guest portion of the Prize will be forfeited. If any guest is a minor, Winner(s) must be such minor’s parent or legal guardian and must execute and return the Guest Documents on such minor’s behalf. 

CONDITIONS: By entering the Contest, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Contest Entities, Instagram, Inc.,  and each of their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’s name on Website and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsors, which are binding and final. Failure to comply with these conditions may result in disqualification from the Contest at Sponsors’ sole discretion. 

ADDITIONAL TERMS: Sponsors reserve the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules.  Any attempt to deliberately damage the Contest or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. The failure of Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsors (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules.  Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Contest. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsors reserve the right to cancel, modify, or suspend the Contest or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules).  In the event of cancellation, modification, or suspension, Sponsors reserve the right to select Winners in a random drawing from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension.  Notice of such cancellation, modification, or suspension will be posted at Website.  Sponsors may prohibit any entrant or potential entrant from participating in the Contest, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsors, or Sponsors’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion).  Sponsors reserve the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Contest. 

DISPUTES:  The Contest is governed by, and will be construed in accordance with, the laws of the State of New York, and the forum and venue for any dispute shall be in New York, New York. If THE controversy or claim is not otherwise resolved through direct discussions or mediation, it shall THEN be resolved by FINAL AND binding arbitration administered by JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (“JAMS Rules”).  The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in new york.  All proceedings brought pursuant to this paragraph will be conducted in the County of new york.  THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. 

WINNER ANNOUNCEMENT: For the names of the winners, available after September 25, 2016, visit msnbc.com/globalcitizen, or send a self-addressed, stamped envelope to be received by November 20, 2016 to: Global Citizen Festival/MSNBC “Photo Hunt”,  Attn: Farra Kober 30 Rockefeller Plaza, New York, NY 10112.