July 2023 – Instagram Promotional Contest of Chance

Promotional Contest of Chance Terms and Conditions

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. BY ENTERING, YOU AGREE TO THESE TERMS AND CONDITIONS, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES

Sponsor. Fever Labs Inc. (hereinafter, “Fever”), of 76 Greene St, 4th Fl New York, NY 10012, US is the sponsor and manager of the July 2023 Stranger Things Friendship Day – Instagram Promotional Contest of Chance (“Promotional Contest of Chance”) that are to be administered in accordance with these Terms and Conditions (“Terms”).

By participating in this Promotional Contest of Chance, (A) each participant (each one, “you” “your” or a “Participant“) agrees to be bound by these Terms and all applicable laws, ordinances and regulations, as well as by the decisions Fever makes regarding this Promotional Contest of Chance in accordance with the foregoing, (B) you agree to release Fever and its administrators, partners and employees from any liability, loss or damage resulting from your participation in this Promotional Contest of Chance or with respect to the adjudication, receipt, possession, use and / or misuse of any of the Prizes awarded in accordance with these Terms and Conditions, and (C) you represent that you are aged eighteen (18) or older. Fever may exclude you from participation if you are suspected to be engaging in or have engaged in abusive or fraudulent practices. Fever reserves the right to cancel, suspend and/or modify any aspect of the Promotional Contest of Chance , if any fraud, technical failures or any other factor beyond Fever’s reasonable control impairs the integrity or proper functioning of the Promotional Contest of Chance, as determined by Fever in its sole discretion. Fever shall communicate any such changes in the Promotional Contest of Chance to Participants at least through the original publication of the Promotional Contest of Chance, itself. Fever’s failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision. Fever is not responsible for the content of any external websites that are linked or referenced within these Terms.

Promotional Contest of Chance Period. The Promotional Contest of Chance will begin at 12:00 PM PDT on July 30th, 2023 and end at 12PM PDT on August 2nd, 2023.

Participation. To be a Participant, it will be necessary to have an Instagram account and to have an associated, true, Instagram profile. You can enter the Promotional Contest of Chance by (i) liking and following @secretseattle_ and @strangerthings.experience ( “Fever’s Instagram Account”) (ii) liking the post or publication on Instagram by which Fever shall communicate the Promotional Contest of Chance and (iii) commenting on the Instagram post or publication and tagging the person you’re taking with you and telling us what superpower they have to escape the Upside Down. You will be deemed to have formally entered into the Promotional Contest of Chance on the date and time step (iii) is completed.

Each Participant may enter the Giveaway as many times as they like, however, for each new entry to be valid you must tag a different person each time. Participation in this Promotional Contest of Chance is completely free and does not entail or require any payment or consideration by Participants. Odds of receiving a Prize shall depend on the number of entries received.

Fever is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by Fever. Fever will not be responsible for the veracity of any data provided by Participants.

Participants. Participants must be legal United States residents, residing in the State of Washington and be at least eighteen (18) years old on the date of entry to the Promotional Contest of Chance . The following persons may not be Participants or enjoy any Prize (either directly, or indirectly as a companion): Fever and/or its employees, agents, freelancers, contractors (and those of any of Promotional Contest of Chance partners, associated companies or prize providers) and their immediate family members or households (whether related or not), and anyone else professionally involved with the Promotional Contest of Chance, and these persons shall be excluded from entering and from winning the Promotional Contest of Chance.

Winner Selection. Within one business day following the end of the Promotional Contest of Chance period, the five (5) Participants who have entered the Promotional Contest of Chance in accordance with these Terms that received more likes on their comment on the Instagram post or publication will be the winners (“Winner”) of the Promotional Contest of Chance.

Fever will notify each Winner in accordance with these Terms, and (after validating Winner’s compliance with requirements set forth herein) will contact the Winner to finalise the Prize.

Prize. The prize(s) will consist of two (2) VIP tickets for each Winner to “Stranger Things The Experience – Stranger Things Seattle” (“Prize”). The Prize has an approximate retail value (ARV) of eight five (85.00) US dollars per ticket with a total approximate retail value for the Prizes being eight hundred fifty (850.00) US dollars. Upon notification by Fever, the Winner shall have two (2) business days to claim the Prize, by confirming their relevant contact details with Fever, in order to facilitate Prize delivery, otherwise the Prize shall be forfeited. Once the Prize has been delivered, the Winners shall be solely responsible for the use and redemption of the Prize in a purchase on Fever’s website, available at https://feverup.com/m/127896. If a Winner rejects the Prize or in the event of any noncompliance with these Promotional Contest of Chance terms and conditions by a Winner, the Prize will be considered to be forfeited and an alternate Winner will be selected from all remaining eligible entries. Upon prize forfeiture, no compensation will be given.

Limit of one prize per person or household. Use of the Prize is subject to the Terms of Use and Vouchers T&Cs available on Fever’s website. The Prize does not include assistance with travel or travel costs or other expenses associated with attending the experience. There shall be no cash awarded in lieu of the Prize. The Prize is non-transferrable. Fever reserves the right to unilaterally substitute any element of the Prize for another of equal or greater value. All federal, state and local income taxes applicable to the Prize are solely the responsibility of the Winner, and the Winner shall ensure that they comply with any associated legal and filing requirements.

Notification. The Winner(s) will be announced at 12:00 PM PDT on August 3rd, 2023 following the end of the Giveaway Period by Instagram Direct Message.

Participation through social networks. Instagram does not in any way sponsor, endorse or administer this Promotional Contest of Chance, nor is it associated with it. Participants exempt Instagram from any responsibility derived from the development of this Promotional Contest of Chance. You may not comment or incorporate content into the post of the Promotional Contest of Chance that is offensive, obscene, violent, denigrating, racist, discriminatory, defamatory, illegal or that incites illegal behavior, threats or insults. Offensive comments include such content that is deemed to be in breach of Instagram’s Community Guidelines, and that may be removed by Instagram. Fever reserves the right to remove such content and / or to inform the competent authorities of any content that appears in breach of Instagram’s published standards or applicable law, in its opinion. Any Participant that is found to breach this term shall have their participation in the Promotional Contest of Chance automatically made void.

Social. Acceptance of a prize constitutes permission for Fever and/or its designees to use your name, city or geographical area of residence, social media handle, photograph, testimonial or other likeness and/or prize information or personal exposition, and Fever may refer to your association with the Promotional Contest of Chance (and/or any edited portion thereof) for promotional, advertising, PR, and/or publicity purposes in any media, now or hereafter known throughout the world in perpetuity, without compensation or notice to, or further consent of, the Winner to the extent permitted by law.

Limitation of Liability; Disclaimer of Warranties. By participating, Participants and Winners agree to release and hold harmless Fever and its respective advertising and promotion agencies and its respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Promotional Contest of Chance, or possession, acceptance and/or use or misuse of prize or participation in any Promotional Contest of Chance-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery.

IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE PRIZE AND/OR THE PROMOTIONAL CONTEST OF CHANCE. IN NO EVENT SHALL THE RELEASED ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $10. WITHOUT LIMITING THE FOREGOING, THIS PROMOTIONAL CONTEST OF CHANCE AND ALL PRIZES ARE PROVIDED CONFIDENTIAL

“AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Applicable law and jurisdiction. All disputes and claims arising out of or relating to the Promotional Contest of Chance will be governed by the laws of the State of Washington, without regard to its conflict of laws rules, or any rules of private international law, that would lead to the application of any other laws, and you agree to the exclusive jurisdiction in the federal and state courts located in Seattle, Washington and waive any jurisdictional, venue or inconvenient forum objections to such courts.

Winners List. To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to: “Promotional Contest of Chance Winners List” at Fever, 76 Greene St, 4th Fl New York, NY 10012, US.

Use of Data. The personal data provided by each Participant in the framework of the Sweepstakes will be processed by Fever Labs Inc., with registered offices at 76 Greene St, 4th Fl New York, NY 10012, as part of the Fever Group (“Fever”) for the purpose of managing your participation in the Sweepstakes, and if applicable, managing the delivery of the Prize, as well as subsequently sending you commercial communications, including by electronic means about new products or services, events and/or promotions that we organize.

The personal data provided by the Participants during the term of the Sweepstakes will be processed in accordance with the provisions of (i) the California Consumer Privacy Act (California Civil Code s1789.199); (ii) the California Privacy Rights Act of 2020 (“CPRA”) and other applicable laws of the State of California and of the United States of America; (iii) as applicable, the General Data Protection Regulation (Regulation (EU) 2015/679) (“GDPR”); and (iv) any other applicable privacy law or data protection regulation in a jurisdiction in which these terms operate, as each may be amended from time to time, and those definitions shall be applicable.

Fever reserves the right to request a copy of the document proving the identity of the Participants (national identity card and/or passport), in order to:

  • verifying that they comply with the Terms and Conditions; and
  • deliver the corresponding Prize to the winner.

Likewise, and for the purpose of delivering the Prize to the winner, Fever reserves the right to require such documentation as it deems appropriate for the purpose of verifying the identity of the winner, having the right to refuse the delivery of the Prize in the event that they do not comply with the participation requirements or any other clause of these Terms and Conditions.

In accordance with applicable data protection laws and regulations, Participants may, at any time, exercise their rights of access, rectification, deletion, limitation of processing, opposition to processing, including the sending of commercial communications by electronic means, and where appropriate, to the portability of their data by sending an email to DPO@feverup.com. You also have the right to file a complaint with the competent supervisory authority on data protection.

For more information about the processing of personal data of its registered users by Fever, please consult the Privacy Policy available here.