(the “Promotion”)
Official Rules
This Promotion is being held in connection with the Functional Fabric Fair 2020 (the “Event”).
1. PROMOTION PERIOD: The Promotion begins at 12:00 AM EST on Monday, March 30 until 11:59 PM EST on April 30 (the “Promotion Period”).
2. HOW TO ENTER: Each person who (i) enters the Promotion and (ii) meets the eligibility requirements as described in Section 6 herein shall be referred to as a “Participant”. During the Promotion Period, eligible Participants may enter the Promotion by nominating a deserving not-for-profit charity of their choice (each, a “Charity” and collectively the “Charities”). Limit ten (10) Charity nominations per Participant. Nominations by the same Participant in excess of the limits stated herein will be disqualified.
All nominations must be received during the Promotion Period. Eastern Time shall control for all purposes of this Promotion. Sponsor's clock shall be the official timekeeper for the Promotion. All nominations become the property of Sponsor and will not be acknowledged or returned. Incomplete nominations will be considered invalid and ineligible to win. Sponsor is not responsible for lost, misdirected, illegible, mistranscribed or late nominations. Proof of sending or mailing of mail-in nominations will not be deemed to be proof of receipt by Sponsor. Any nomination containing material that is violent, pornographic or otherwise obscene, illegal, or racially or morally offensive, as determined by Sponsor in its sole discretion, will be rejected as ineligible. No nomination should violate the community guidelines or standards of Facebook, Instagram, or LinkedIn.
3. DONATIONS: Four (4) Charities will each be awarded Two Hundred Fifty US Dollars ($250) (each, a “Donation” and, collectively, the “Donations”). Donations do not include any travel expenses, personal expenses, or any other costs not specifically described in these Official Rules as included in the Donation. All expenses on receipt and use of Donations and any applicable taxes on the Donations are the sole responsibility of the winning Charity.
Donations are nontransferable or assignable until a winning Charity has complied with all of their obligations under these Official Rules. If any winning Charity is unable or unwilling to accept or participate in any part of a Donation, that portion of the Donation will be deemed as forfeited by such winning Charity and no substitution will be made except at Sponsor’s sole discretion. Failure to take delivery of any Donation may result in forfeiture, and such Donation being awarded to an alternate winning Charity. Any portion of a Donation unclaimed or unused by a winning Charity will be forfeited and will not be substituted. Cash redemptions for Donations shall not be allowed, except at Sponsor's sole discretion.
4. WINNER SELECTION: A total of four (4) winning Charities will be selected by Sponsor in a random drawing occurring on or about each Friday during the Promotion Period from all eligible nominations received in the Promotion Period prior to the drawing date. The drawing will be conducted by Sponsor, whose decisions are final and binding on all matters relating to this Promotion. Odds of winning are dependent upon the total number of eligible nominations received. Sponsor will attempt to notify the potential winning Charities by email. The potential winning Charities will have forty-eight (48) hours from receipt of such notification to claim their Donation as noted by Sponsor in the Donation notification. After claiming the Donation, each potential winning Charity will receive instructions on redeeming their Donation. Sponsor reserves the right, in its sole discretion, to not select winning Charities if an insufficient number of eligible, complete, appropriate or generally qualified nominations are received.
Each potential winning Charity may be required, in Sponsor’s discretion, to execute and return an Affidavit of Eligibility, a Release of Liability, a Publicity Release, required payment information or tax forms, and/or proof of identification and eligibility (collectively, the “Forms”), each as requested by Sponsor. If a winning Charity fails or refuses to sign and return all of the Forms provided by Sponsor within ten (10) days (or a shorter time if required by exigencies) after receiving them, such winning Charity may be disqualified resulting in forfeiture of the Donation, and Sponsor reserves the right, but not the obligation, to select an alternate winning Charity.
In the event: (a) a potential winning Charity cannot be reached for whatever reason after a reasonable effort has been exerted or the Forms are returned as undeliverable; (b) a potential winning Charity declines or cannot accept, receive or use the Donation for any reason; (c) of noncompliance with the time periods stated herein, (d) a potential winning Charity is found to be ineligible to enter the Promotion or receive the Donation, (e) a potential winning Charity cannot or does not comply with the Official Rules, or (f) a potential winning Charity fails to claim the Donation or fulfill the Forms obligations within the time period designated by Sponsor, then such potential winning Charity shall be disqualified from the Promotion and an alternate potential winning Charity may be selected, at Sponsor’s sole discretion, from among the other eligible Charities submitted by eligible Participants. and Sponsor shall have no further liability or responsibility to such potential winning Charity in connection with the Donations.
5. GENERAL RULES: The Promotion is governed by these Official Rules and is subject to all applicable U.S. federal, state and local laws. The Promotion is void where prohibited. By entering the Promotion, each Participant and each winning Charity unconditionally accepts and agrees to comply with and abide by these Official Rules, all of the representations, warranties and agreements contained herein, and all of the decisions that Sponsor makes in connection with the Promotion, including, without limitation, all decisions regarding the interpretation and implementation of these Official Rules and the administration of the Promotion. All such decisions made by Sponsor shall be final and binding in all respects and not subject to challenge or appeal. Sponsor reserves the exclusive right to address and resolve any aspects of the Promotion or incidents that affect the Promotion that may not be expressly outlined in these Official Rules, and any such decisions shall be final and binding and not subject to challenge or appeal. Except as otherwise expressly set forth herein, all of Sponsor’s rights pursuant to these Official Rules relate to and are exercisable against all Participants as a whole and against each individual Participant.
If there is a discrepancy or inconsistency between disclosures and other statements contained in any Promotion materials and the terms and conditions of these Official Rules, these Official Rules will prevail, govern and control. Neither the failure of Sponsor to insist upon or enforce strict performance of any provision of these Official Rules nor the failure, delay or omission by Sponsor in exercising any right with respect to any term of these Official Rules, will be construed as a waiver or relinquishment to any extent of Sponsor’s right to assert or rely upon any such provision or right in that or any other instance.
The invalidity or unenforceability of any provision in these Official 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 Official 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. Headings and captions are used in these Official Rules solely for convenience and ease of reference and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
6. ELIGIBILITY: This Promotion is open only to Participants who, at the time of nomination, are at least eighteen (18) years of age or the age of majority in their jurisdiction of residence, whichever is greater.
All Participants and winning Charities must be able to provide proof of eligibility if requested by Sponsor. Employees of RELX Inc. and each of its parents, subsidiaries, divisions, affiliates, and advertising or promotional agencies, and the immediate family and household members of all such individuals, are not eligible to enter or win. In the event that any Participant or Charity is determined to be ineligible at any time and for any reason, Sponsor reserves the right to disqualify such Participant or Charity from the Promotion immediately and any such ineligible Participant or Charity acknowledges that they forfeit any Donations or rights to same.
7. LIMITATION ON LIABILITY; FORCE MAJEURE: Each Participant and each winning Charity agrees that Sponsor shall not be responsible or liable for, and are hereby released from, any and all claims, costs, injuries, losses or damages of any kind, relating to any of the following: (a) incomplete, inaccurate, lost, late, misdirected or illegible nominations, winner notifications, Donation claims, or Forms or the failure to receive same due to any cause, including without limitation human or technical problems, failures, or malfunctions of any kind, whether originating with Participant, Sponsor, or otherwise, that may prevent or limit any Participant’s ability to participate in the Promotion or send or receive messages requiring action or response by such Participant; (b) any computer system, phone line, hardware, software or promotion malfunctions, or other errors, failures, hacks, unauthorized access, delayed computer transmissions or network connections in connection with the Promotion; (c) any problems or technical malfunction of any network or lines, servers or providers, equipment or software, including any injury or damage to Participant or Participant’s property resulting from participation in the Promotion; (d) the awarding, acceptance, possession, use, misuse, loss or misdirection of any Donation or participation in any Donation related activities or any inability of any winning Charity to accept a Donation for any reason; (e) any Participants who do not comply with or who violate the Official Rules or who have committed fraud or deception in participating in the Promotion or in claiming a Donation; or (f) any delays or disruptions as a result of a Force Majeure (as defined herein).
Sponsor reserves the right to modify, suspend, extend or terminate the Promotion or any part thereof if Sponsor determines, in its sole discretion, that the Promotion is technically impaired or corrupted or that infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical problems, failures, malfunctions or other causes have destroyed, corrupted or undermined the administration, security, fairness, integrity or feasibility of the Promotion or any portion thereof as contemplated herein. In the event Sponsor is prevented from continuing with the Promotion or awarding any Donations by any event beyond its control, including but not limited to fire, flood, epidemic, 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, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend, extend or terminate the Promotion at its sole discretion or to select a winning Charity from nominations received prior to such Force Majeure or as otherwise deemed fair and appropriate by Sponsor.
Although Sponsor shall attempt to ensure the integrity of the Promotion, Sponsor is not responsible for the actions of Participants in connection with the Promotion, including any Participant’s attempt to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Promotion. Sponsor reserves the right, in its sole discretion, to disqualify any Participant and/or revoke any Donation award to any Participant Sponsor finds to be (a) tampering with the nomination process or the operation of the Promotion, or with any website promoting the Promotion; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Promotion through the use of any robotic or automated devices to submit nominations.
8. LIST OF SELECTED CHARITIES: To obtain a copy of any legally-required list of the winning Charities, please send a properly stamped, self-addressed envelope to: FUNCTIONAL FABRIC FAIR X PERFORMANCE DAYS CHARITY BLITZ 201 Merritt 7, Norwalk, CT 06851, Attn: Chadae Bowler. All such requests must be received within ninety (90) days after the end of the Promotion.
9. RELEASE OF LIABILITY; GOVERNING LAW; DISPUTES: Each Participant knowingly consents to participate in the Promotion under their own free will and without duress or undue influence of any third party. By entering and/or otherwise participating in the Promotion, each Participant and each winning Charity, on behalf of themselves and their heirs, assumes all risk incidental to participation in the Promotion and hereby waives, releases, discharges, and agrees to hold harmless Sponsor and its parents, subsidiaries, affiliates, divisions and partners, and each of their respective representatives, agents, successors, assigns, employees, officers and directors (the “Released Parties”), from and against any and all actual or potential, known or unknown, claims, demands, causes of action, costs, losses, injuries, expenses, liabilities or damages of any kind or nature whatsoever, including without limitation mental and/or physical injuries or death and/or damages to or loss of personal property, which may occur in whole or in part, directly or indirectly, in connection with preparation for, or participation in, the Promotion; or possession, acceptance and/or use or misuse of the Donation; or participation in any Promotion-related or Donation-related activity; or for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery. The Released Parties assume no responsibility or liability for any damages, losses, or injury to any Participant or to any Participant’s property, regardless of how caused, relating to or resulting from the Promotion and/or the acceptance or use of any Donation.
ALL PARTICIPANTS ACKNOWLEDGE THAT SPONSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING ANY DONATION FURNISHED IN CONNECTION WITH THE PROMOTION. WITHOUT IN ANY WAY LIMITING THE GENERALITY OF THE FOREGOING AND WITHOUT ABROGATING THE PRIVACY POLICY, SPONSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH REGARD TO THE OPERATION OF THE PROMOTION, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND THEIR EQUIVALENTS, UNDER THE LAWS OF ANY JURISDICTION RELATIVE TO THE PROMOTION AND/OR TO THE DONATION(S). ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE PROMOTION WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
Except where prohibited, by participating in this Promotion each Participant and each winning Charity agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Promotion or any Donation awarded shall be resolved individually, without resort to any form of class action and shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York and hereby irrevocably consents to the personal jurisdiction of said courts and waives any claim of forum non convenient or lack of personal jurisdiction that they may have; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; (3) no indirect, punitive, incidental, special, consequential, or other damages, including without limitation lost profits may be awarded (collectively, “Special Damages”); and (4) all rights to claim Special Damages and all rights to have such damages multiplied or increased are hereby expressly waived.
10. TAXES: All applicable federal, state, provincial, territorial, and local taxes of all applicable jurisdictions, as well as any transaction fees or other expenses not specified herein, are the winning Charity’s sole responsibility.
11. SPONSOR: The “Sponsor” of this promotion is Reed Exhibitions, a division of RELX Inc. (201 Merritt 7 Corporate Park, Norwalk, CT 06851). Instagram, Facebook and Linkedin are not a sponsor, endorser, or administrator of this Promotion, and Instagram, Facebook and Linkedin are not affiliated with this Promotion in any way. By participating in this Promotion, Participant hereby releases and holds harmless Instagram, Facebook and Linkedin from any and all liability associated with this Promotion. Any and all questions, comments or complaints regarding the Promotion must be directed to Sponsor, not to Instagram, Facebook and Linkedin. Any third-party trademarks mentioned herein are the property of their respective trademark owners.