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NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR OTHERWISE ASSOCIATED WITH, INSTAGRAM OR FACEBOOK. YOU UNDERSTAND THAT YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TOINSTAGRAM OR FACEBOOK.
HOW TO ENTER: MARKED IV LIFE CONTEST
The contestant must submit an entry between the dates of August 22, 2014 at 12:01 AM (ET) and August 31, 2014 at 11:59 PM (ET). The entrant must follow @BillyJealousy (the “Instagram and Facebook Feed”) upload and submit (1) photograph displaying the entrant’s best tattoo photograph with a story that relates to the tattoo using hash tag #billyjealousy to the entrant’s own Instagram and/or Facebook feed. The participant is to tell the story behind the tattoo and post a photo of it to Facebook, and/or Instagram. Billy Jealousy will select 5 entries that abide by all of the Official Rules with the most likes and/or favorites to be the finalists. The final 5 entries will be judged by Billy Jealousy Editors, whose decisions are final based on the following criteria: overall creativity (34%); design (33%); and originality (33%). The final Winner will receive a Marked IV Life Tattoo Kit, a Big Ass Dragon T-shirt and a mystery prize.
There is no cost to enter the Marked IV Life Contest or to register with Instagram and/or Facebook. If you do not have an Instagram account and/or Facebook, you can sign up for one either at your mobile app store or at www.instagram.com or at www.facebook.com. Important Notice: Please consult your wireless service provider regarding your pricing plan. Not all mobile phone providers carry the necessary service to participate. Check your phone capabilities for specific Internet instructions. If your data usage exceeds what is allotted by your data plan, you could be subject to additional fees by your carrier. Please contact your mobile service provider with any questions regarding your bill. Entries must be received before the end of the Entry Period.
Winner Selection: At the end of the Entry Period, Billy Jealousy will review all of the initial entries for eligibility. The Billy Jealousy Editors will vote upon the 5 entries with the most likes on Instagram and/or Facebook. The final 5 entries will be judged by Billy Jealousy Editors, whose decisions are final based on the following criteria: overall creativity (34%); design (33%); and originality (33%). In the event of a tie, the person among the tied entrants with the highest score in creativity will be the winner (the “Winner”). In the event that Billy Jealousy does not receive a sufficient number of eligible entries, Billy Jealousy has the right to cancel the Contest.
Billy Jealousy reserves the right in its sole and unfettered discretion to disqualify any entry that it believes contains obscene, offensive or inappropriate content that does not comply with these Official Rules or that is not consistent with the spirit or theme of the contest. The decision of the Billy Jealousy judges is final and binding on all matters relating to the Contest. In the event the Billy Jealousy does not receive any eligible entries, Billy Jealousy has the right to cancel the Contest.
Prizes & Approximate Retail Value: One Winner will receive one Marked IV Life Tattoo Care Kit, one big ass dragon t-shirt and one 2oz mystery gift.
WINNER NOTIFICATION: Winner will be notified within one (1) month of the last day of the Contest, by a comment placed on their Entry by Billy Jealousy promptly following the winner selection and must respond via email address providing contact information within 72 hours from notification or an alternate potential winner will be selected. The Prize will only be awarded if the potential winner fully complies with these Official Rules. At Billy Jealousy’s request, the Winner will sign a release authorizing Billy Jealousy’s reuse of the photo submitted in any and all media.
In the event the Winner doesn’t respond to Billy Jealousy’s notification or does not accept the prize, in accordance with these Official Rules within five (5) Business days of notification, the prize will be deemed forfeited and an alternate Winner will be selected. In the event that any one or more potential Winner(s) fails to respond as stated above, declines the prize or fails to provide signed affidavits or releases, such Winner(s) will be deemed to forfeit the prize and Billy Jealousy Editors will select an alternate Winner(s) from the remaining eligible entrants. If any alternate(s) similarly fails to respond or declines the prize, Sponsor will use a reasonable number of attempts, in its discretion, to award the prize(s) to another alternate(s) but if it is unable to do so, the prize(s) will be finally forfeited and the Billy Jealousy Editors shall have no further liability in connection with this Contest.
List of Winner(s): The names of the 5 finalists of the Contest will be posted on the Instagram and/or Facebook feed. The name(s) of the winner(s) of the Contest will be posted on the Instagram and/or Facebook Feed once the Winner(s) has been selected.
1. ENTRIES: Limit one (1) entry per person for Contest. Multiple entries from the same person will be disqualified. Entries become the property of Billy Jealousy and will not be returned. Proof of submission does not constitute proof of receipt. If applicable, illegible, inaccurate, lost, late, misdirected, incomplete, mutilated, postage due or mechanically reproduced entry forms or entry forms that have been tampered with will be disqualified.
2. OWNERSHIP. By submitting your entry in the Contest, you acknowledge and agree that Billy Jealousy will own all entries submitted by you in the Contest. Each entrant into the Contest hereby irrevocably grants, transfers, sells, assigns and conveys to the Sponsor, its successors and assigns, all present and future right, title and interest of every kind and nature whatsoever in and to the entry(ies) for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised. Billy Jealousy shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter, the entry(ies) for any purpose which Billy Jealousy deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have in the entry(ies) submitted by him or her. Each entrant hereby acknowledges that such entrant does not reserve any rights in and to his/her entry(ies). Billy Jealousy shall have no obligation (express or implied) to use any entry, or to otherwise exploit any entry or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the entry(ies) for any reason or no reason at all, and no entrant shall be entitled to any damages or other relief by reason thereof.
3. ELIGIBILITY: Open to legal residents of the United States, over the age of 18 and whose Instagram and/or Facebook setting is public. Employees of Billy Jealousy, their relatives, and prize suppliers are not eligible.
4. CONDITIONS OF PARTICIPATION: Expenses not specifically included in prize description and all taxes are the sole responsibility of the Winner. Each prize is awarded “as is” with no warranty or guarantee, either express or implied outside of manufacturer’s limited warranty. No transfer, assignment or substitution of a prize permitted, except Billy Jealousy reserves the right to substitute prize for an item of equal or greater value in the event an advertised prize is unavailable. The Winner is required to comply with any and all applicable federal, state, provincial, local laws, rules and regulations. All federal, state and local taxes, and any other costs not specifically provided for in these Official Rules are solely the Winner’s responsibility. Return of any prize/prize notification as undeliverable may result in disqualification and selection of an alternate Winner. Billy Jealousy is not responsible for any printing, typographical, mechanical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize. Any questions, comments or complaints regarding the Contest should be directed to the Meredith@Billyjealousy.com, not Instagram or Facebook, and you agree to release Instagram or Facebook from any liability in connection with this Contest.
5. REPRESENTATIONS AND WARRANTIES / INDEMNIFICATION: By participating in the Contest, entrant warrants and represents that his/her entry is original to the entrant, has not been previously published or won any award, and does not contain any material that would violate or infringe upon the rights of any third party, including copyrights (including, without limitation, copyrighted images or footage), trademarks or rights of privacy or publicity. Modification of an existing image does not count as original for purposes of this Contest. The entrant further warrants and represents that entrant has all appropriate clearances, permissions and releases for the entry, including releases from all persons appearing in the photograph, location releases for all recognizable locations, and releases from anyone who assisted in the creation of the photograph. The image must not contain any personally identifiable information of any person. Excepting those of Billy Jealousy, the image must not contain or reference any names, products or services of any company or entity or any third party trademarks, logos, trade dress or promotion of any brand, product or service. If any person appearing in the image is under the age of majority in their state of residence, the written consent and signature of a parent or legal guardian is required. At Billy Jealousy’s request, and in its sole discretion, Entrants may be required to execute an assignment and release transferring all rights and ownership of their image to Billy Jealousy, the form of such assignment to be determined by Billy Jealousy. The entry may not feature nudity or obscene language or material that is libelous or defamatory. Each entrant hereby agrees to indemnify and hold the Contest entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder. Billy Jealousy reserves the right in its sole and unfettered discretion to disqualify any entry that it believes contains obscene, offensive or inappropriate content, that does not comply with these Official Rules or that is not consistent with the spirit or theme of the Contest. Entries that do not comply with the above requirements may not be eligible, and, if submitted, may be removed at any time in Billy Jealousy’s sole discretion. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Billy Jealousy, which shall be final and binding in all respects.
6. INTERNET/mobile: Billy Jealousy is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Billy Jealousy or presenter on account of technical problems or traffic congestion on the Internet, at any Web site, or via the mobile phone or any combination thereof. If for any reason the Internet or mobile phone portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt of affect the administration, security, fairness, integrity, or proper conduct of this Contest, Billy Jealousy reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Billy Jealousy reserves the right to select winners from eligible entries received as of the termination date. Billy Jealousy further reserves the right to disqualify any individual who tampers with the entry process. Billy Jealousy may prohibit an entrant from participating in the Contest if it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception or other unfair playing practices or intending to abuse, threaten or harass other entrants. Caution: Any attempt by a participant to deliberately damage any web site or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Billy Jealousy reserves the right to seek damages from any such participant to the fullest extent of the law.
- 7. DISPUTES/CHOICE OF LAW: Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in Dallas, TX (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, “Special Damages”), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased.