Giveaway & Sweepstakes Rules
Imaginary Authors Instagram Contest Rules
NO PURCHASE NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. THE CONTEST ENDS JULY 22, 2022 AT 12:00 PM PST. MUST BE 18+ YEARS OLD AND A LEGAL U.S. RESIDENT. VOID WHERE PROHIBITED.
This contest is operated by Imaginary Authors, Portland, OR 97206 (“IA”). The promotion is in no way sponsored, endorsed, administered by, or associated with Instagram.
How to Enter. To enter the Scent Memories Contest (“Contest”), (a) follow @ImaginaryAuthors on Instagram and (b) respond to IA’s story published at https://www.instagram.com/imaginaryauthors/ on July 21, 2022, by sharing a memory that an Imaginary Authors scent reminds you of.
All entry information, including comments, posts, images, and/or designs, shall be collectively referred to herein as the “Entry." The Entry must comply with the Content Restrictions defined below. IA reserves the right to cancel or modify this Contest in the event an insufficient number of entries are received that meet the minimum judging criteria.
By entering, each entrant warrants and represents the following with respect to their Entry: (a) entrant is the sole and exclusive owner of the Entry; (b) the Entry will not infringe on any rights (including, without limitation any intellectual property rights) of any third parties; (c) any third parties appearing in the Entry have given entrant appropriate consent to be photographed and used as permitted herein; (d) entrant will and does hereby release Instagram of any and all liability in connection with the Contest; and (e) all information the entrant provides herein is true and accurate. IA reserves the right to request third party releases / authorizations from any third party included in any Entry at any time, without any payment or consideration to be paid by IA. Failure to produce fully executed third party releases / authorizations (if applicable) may result in disqualification of the Entry and from the Contest, in IA's sole and absolute discretion.
Providing an Entry constitutes entrant’s consent to give IA a royalty-free, irrevocable, non-exclusive license to use, reproduce, publish, and display such Entry in whole or in part, on a worldwide basis, in any form, media, or technology now known or later developed for purposes of implementing the Contest. For any winner, providing an Entry constitutes the winner’s consent to give IA an irrevocable, exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Entry in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media, or technology now known or later developed, for the legal term of protection of copyright including future legal extensions thereof, including but not limited to on any and all Internet media, including IA’s websites, social media sites, advertisements, and other media. By entering, each entrant consents to IA dealing with their Entry in any way that may otherwise infringe the entrant’s moral rights, and agrees not to assert their moral rights in respect of their entry against IA, its assigns, licensees, and/or successors.
No automated entry devices and/or programs permitted. Receipt of entries will not be acknowledged. IA is not responsible for late, incomplete, invalid, unintelligible, misdirected, technically corrupted, or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human, or electronic. Only fully completed entries are eligible. Proof of entry submission will not be deemed to be proof of receipt by IA.
Start/End Dates. Contest begins at 12:00 PM Pacific Standard Time on July 21, 2022, and ends at 12:00 PM Pacific Standard Time on July 22, 2022.
Eligibility. Participation is open only to legal residents of the United States who are at least 18 years of age as of date of entry. Void where otherwise prohibited, taxed, or restricted by law. Employees, officers, and directors of Imaginary Authors. and its subsidiaries, affiliates, and partners and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter.
Entry Guidelines and Content Restrictions: By entering, each entrant agrees that entrant’s Entry conforms to the content restrictions set forth below (the “Content Restrictions”) and that IA, in its sole discretion, may remove any Entry and disqualify an entrant from the Contest if it believes, in its sole discretion, that the entrant’s Entry fails to conform to the Content Restrictions.
The Entry must not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity, or any other intellectual property rights or civil rights;
The Entry must not in any way disparage IA or any other person or party;
The Entry must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous, or libelous;
The Entry must not contain material that promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;
The Entry must not contain material that is unlawful, in violation of or contrary to the laws, regulations or, if applicable, socialist morals of any jurisdiction where Entry is created;
The Entry cannot promote illegal drugs or firearms (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous, or any particular political agenda or message; and
The Entry must be consistent with the image and values of IA and be consistent with and satisfy the purpose of the Contest.
Each entrant acknowledges that other entrants may have used ideas and/or concepts in their Entry that may be similar in idea or concept to what is included in entrant’s Entry. Each entrant understands and agrees that entrant shall not have any claim against any other entrant or IA arising out any such similarity or be entitled to any compensation because of any such similarity.
IA’s decisions are final and binding in all matters relating to this Contest, including, but not limited to, interpretation and application of these Official Rules. By entering the Contest, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Contest.
Winner Determination. After the close of the Contest Period and until about July 24, 2022, all eligible Entries will be judged by a panel of judges who are qualified and who have relevant expertise and experience. Judging will be performed by IA and its designees. All Entries will be judged based on the following equally-weighted judging criteria (“Judging Criteria”): (a) brand authenticity, (b) originality, and (c) cohesiveness.
Prize(s). Three (3) winning Entries will be featured on IA’s Instagram channel and other channels, as determined by IA in its sole discretion. Each entrant with a winning Entry (“Winner”) will receive a Short Story Collection. Prize is non-transferable. No substitutions or cash redemptions.
Notification. On or about July 24, 2022, Winners will be asked to participate in a video for IA’s @ImaginaryAuthors Instagram page and notified by direct message and undertake, if required, to sign and return, where legal, an Affidavit of Eligibility, Liability/Publicity Release and/or license agreement within five (5) business days of prize notification. Additionally, Winners may be required to submit releases / authorizations from any and all third parties appearing in their respective Entries. If any Winner cannot be contacted within five (5) business days of first notification attempt (or such longer period or number of attempts as may be required by applicable law), if any prize or prize notification is returned as undeliverable, if any Winner rejects his/her prize or in the event of noncompliance with these Contest rules and requirements, such prize will be forfeited and may be awarded to the Entry with the next highest score.
Conditions. IA shall not be liable or responsible in the event Entry is not used for any reason. Entries may be cut, edited, reformatted, rearranged, combined with other materials, and/or otherwise modified, in IA’s sole and absolute discretion. Any and all federal, state, and local taxes are the sole responsibility of the Winners. Participation in Contest and/or acceptance of Prize constitutes each Winner’s permission for IA to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, Entry, Entry supplements, and/or any statements made regarding the Contest or IA for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. Entrants waive all, and agree not to assert, moral or similar or equivalent rights in relation to their Entry, throughout the world. By participating, entrants and Winners agree to release and hold harmless IA, Instagram, their advertising and promotion agencies, and their 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 that may occur in connection with, preparation for, travel to, or participation in Contest, or possession, acceptance and/or use or misuse of Prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property-related cause of action. Entrants who do not comply with these Official Rules, or attempt to interfere with this Contest in any way, shall be disqualified. IA is not responsible if Contest cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather, or acts of terrorism.
Additional Terms. Any attempted form of entry other than as set forth in Section 1 above is prohibited; no automatic, programmed, robotic, or similar means of entry are permitted. IA, its affiliates, partners, and promotion and advertising agencies are not responsible for technical, hardware, software, telephone, or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled, or delayed computer transmissions that may limit one’s ability to enter the Contest, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. IA reserves the right, in its sole discretion, to cancel, terminate, modify, extend, or suspend this Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud, or other causes beyond its control corrupt or affect the administration, security, fairness, or proper conduct of the Contest. In such case, IA will select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by IA. IA reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or website. IA may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten, or harass any other entrants or IA representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, IA RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event of a dispute as to any Entry, the authorized account holder of the email address or social media account used to register will be deemed to be the entrant and must comply with these Official Rules. The "authorized account holder" is the natural person assigned to the applicable social media account or the email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each entrant may be required to show proof of being an authorized account holder.
Limitation of Liability; Disclaimer of Warranties. THIS CONTEST IS NOT SUBJECT TO LEGAL RECOURSE. 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 SITE AND/OR ENTRY IN THE CONTEST, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE CONTEST. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE PROVIDED "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.
Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Oregon.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF OREGON WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the City Portland in the State of Oregon. The parties agree not to raise the defense of forum non conveniens.
List of Winners. To obtain a list of winners, visit https://www.instagram.com/imaginaryauthors/