Entry Announcement for Alamo Drive Happy Instagram Sweepstakes:
Promotion Entry Period: Promotion will commence on or after 9:00 A.M. on April 21, 2016, with Sponsor posting to its Instagram channel asking entrants to submit a photo, as described below, and ending at 11:59:59 P.M. on May 5, 2016 (the “Entry Period”).
How to Enter: You may receive one (1) Contest entry (each an “Entry”) during the Entry Period by following @AlamoRentACar on Instagram, posting a photo, as described below (each a “Submission”), and using the hashtag (#) #AlamoDriveHappySweeps.
Prizes: A maximum of four (4) prizes will be awarded. Each prize will be a one hundred dollar ($100.00 USD) Gift Card (approximate retail value (“ARV”) $100.00) and an Alamo swag prize pack ARV fifteen dollars and eighty-five cents ($13.30). Total maximum ARV of all prizes: $453.20. Limit one prize per person/Account. All prizes will be awarded provided a sufficient number of eligible Entries are received and prizes are validly claimed by May 16, 2016, after which no alternate winners will be selected, nor unclaimed prizes awarded.
See “Official Rules” below:
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW.
Sponsor: Enterprise Holdings, Inc., 600 Corporate Park Drive, St. Louis, Missouri 63105
By participating, you (“entrant” or “you”) agree to abide by and be bound by these Official Rules (“Official Rules”) and the decisions of Sponsor, which are final and binding in all respects and not subject to appeal.
1. DESCRIPTION. Sponsor is conducting promotions through its Instagram page (each a “Promotion”), where each Promotion will entail either a random drawing from the eligible entries submitted (each a “Sweepstakes Promotion”) or judging eligible entries (each a “Contest Promotion”). For each Promotion, Sponsor will provide the details and requirements for entry by posting an announcement on Sponsor’s Instagram Page (“Entry Announcement”) from time to time, at Sponsor’s discretion. Entrants must follow the directions in the Entry Announcement and in accordance with these Official Rules to be eligible for any prize awarded in connection with a Promotion. Sponsor’s method of timekeeping is the official time clock for a Promotion and is final and undisputable.
2. Eligibility. The Promotion is offered and open only to legal residents of the United States, excluding Puerto Rico, who are at least twenty one (21) years of age or older as of the date of entry, and have, as of the start of the Promotion, an Instagram account and Internet access. Void elsewhere and where prohibited by law. Employees, officers, directors, and their immediate families (defined as parent, child, sibling, spouse) of Sponsor, their parent companies, subsidiaries, divisions, affiliates, and agencies (collectively, the “Promotion Entities”) are not eligible to enter the Promotion or win a prize. The Promotion is subject to all applicable federal, state, and local laws.
3. How To Enter.
3.1. Internet access required. At its discretion, Sponsor will post an Entry Announcement on Sponsor’s Instagram web page located at [https://www.instagram.com/alamorentacar/] (“Instagram Page”), which will include instructions that entrants must follow in order to submit a valid entry. The Entry Announcement will include that Promotion’s start and end dates, and link to the submission criteria and judging criteria for a Contest Promotion, the prize, the approximate retail value (“ARV”) of the prize(s), the deadline for submitting entries, and/or the Drawing Date (as defined below) for a Sweepstakes Promotion, and may include additional information required for submission of valid entries. Entries posted tagging the Instagram Page or using the designated promotional hashtag may include text, photo and/or video, provided that the entry complies with the Entry Announcement instructions.
3.2. LIMIT OF ONE (1) ENTRY PER PERSON PER DAY. All requirements listed in the applicable Entry Announcement and these Official Rules must be completed in full for an entry to be considered valid. Any attempted form of entry other than as described in the applicable Entry Announcement and herein is void. Entries in violation of these Official Rules, as determined by Sponsor in its sole discretion, will be disqualified. Entries must be received by the time indicated in the applicable Entry Announcement. Any entry that includes illegal, false, or fraudulent information, obscenities, objectionable material, or which defames or invades the publicity or privacy rights of any person, living or deceased, or otherwise infringes upon any third party’s personal or proprietary rights, publicity rights, as determined by Sponsor in its sole discretion, will be disqualified. Any attempt by an entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, Instagram accounts, registrations and logins, or any other methods will void such entries and that entrant may be disqualified, as determined by Sponsor in its sole discretion. Entries that are late, incomplete, misdirected, illegible or corrupted are void and will not be accepted or eligible to win. The sole determinant of time for the purposes of receipt of a valid entry in a Promotion will be a Promotion server machine(s). Proof of submission (screen captures, etc.) does not constitute proof of entry. All entries become property of the Sponsor and will not be returned. If you enter a Promotion, you hereby irrevocably consent to Sponsor’s use of the text, photo, and/or video in any publicity or advertising carried out by Sponsor or any related entities in any media without territorial or time limitation, except where prohibited by law, without any additional permission or approval, without notification, and without compensation to you, your heirs, or assigns. If you participate via your wireless phone, message and data rates may apply. Please consult your wireless-service provider regarding its message and data pricing plans.
4. SELECTION OF WINNER.
4.1. Sweepstakes Promotion: Sponsor shall conduct a random drawing to select winner(s) for each Sweepstakes Promotion (the “Potential Winner(s)”) from all eligible entries received during the respective Promotion period on the date set forth in the Entry Announcement (“Drawing Date”).
4.2. Contest Promotion: A panel of Sponsor judges shall select Potential Winner(s) for each Contest Promotion using the judging criteria set forth in the Entry Announcement.
4.3. In the event that there are no entries during the respective Promotion, there will be no drawing and the applicable prize(s) will not be awarded.
4.4. The Potential Winner(s) will be tagged on Instagram by Sponsor in the comments section of either the sweepstakes post or the winning submission within three (3) business days after the Drawing Date or the conclusion of judging. The failure to respond by direct message or email timely to the notification shall result in forfeiture of the prize and, in such case, Sponsor shall select an alternate Potential Winner from among the remaining eligible entries (by a random drawing in Sweepstakes Promotions or by a second highest score awarded by judges in a Contest Promotion). If an alternate Potential Winner fails to respond to the notification, Sponsor shall repeat this process a maximum of three (3) times. In the event that no Potential Winner responds to the notification, the prize will not be awarded. Potential Winner shall be required to provide his or her name, address, age and other necessary information to verify eligibility and receive the prize. Further, Sponsor may request and Potential Winner agrees to provide an affidavit of eligibility and liability/publicity release covering eligibility, liability, advertising, publicity and media appearance issues, unless prohibited by law. A prize will not be awarded until necessary information has been collected and all properly executed forms are returned (“Verification”). Upon completion of Verification, a Potential Winner shall become a winner (“Winner”).
5. Prize(S). Each Entry Announcement posted in connection with a Promotion will link to the number of prize(s) and a description of the prize(s) to be awarded in connection with such Promotion. The total ARV of all prize(s) and the ARV of each prize will be included in the Entry Announcement link.
5.1. A prize is not transferable or redeemable for cash and must be accepted as awarded, with no substitutions of any kind. Sponsor reserves the right to substitute a prize (or portion thereof) of comparable or greater value, at its sole discretion. Sponsor is not responsible for and a Winner will not receive the difference, if any, between the actual value of a prize at the time of award and the ARV stated in these Official Rules or in any Promotion-related correspondence or materials. All federal, state, and local taxes (including income and withholding taxes), if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided are the winner’s responsibility, regardless of whether the prize is used in whole or in part.
6. ODDS OF WINNING A SWEEPSTAKES PROMOTION PRIZE. In a Sweepstakes Promotion, odds of winning depend on the total number of eligible entries received.
7. CONDITIONS OF ENTRY.
7.1. By entering a Promotion, you (i) acknowledge compliance with these Official Rules including all eligibility requirements, applicable Entry Announcement requirements, and Instagram Terms of Service (available at https://instagram.com/about/legal/terms/), if applicable, (ii) represent and warrant that you are the creator of any content, including, but not limited to, text, photographs, videos and any other materials included in your entry, that you submit in association with a Promotion and by participating in a Promotion you grant Sponsor an irrevocable, royalty-free, transferrable, sublicensable, worldwide license in perpetuity to copy, reproduce, modify, publish. display, perform, exploit and prepare derivative works of the content in any manner, media or format now existing or hereafter devised, without any obligation of notice, attribution or compensation to you; and (iii) agree to be bound by the decisions of Sponsor which shall be final and binding in all matters relating to this Promotion. Entrants who have not complied with these Official Rules are subject to disqualification and all associated entries will be void.
7.2. In the case of a photo or video content, by uploading a submission, you agree that your submission conforms to the any guideline and content restrictions set forth in the Entry Announcement link and that Sponsor, in its sole discretion, may remove your submission and disqualify you from the Promotion if it believes, in its sole discretion, that your submission fails to conform to the following guidelines and restrictions, in addition to any set forth in the Entry Announcement link: (a) the submission entry must be family appropriate for all ages; (b) the submission must not exceed 5 MB in size; (c) the submission must not include any private information of a third party such as name, address, phone number or email address; (d) if the submission includes images of children under the age of 13, an image of their parent/legal guardian must be included in the submission; (e) the entrant must have a personal relationship with and consent from all identifiable people whose images appear in the submission, and upon request, the entrant must provide Sponsor with written confirmation evidencing such approvals; (f) the submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement; (g) the submission must not disparage Sponsor or any other person or party affiliated with the promotion and administration of this contest; (h) the submission must not contain brand names or trademarks other than [Alamo Rent A Car] marks, which entrant has a limited license to use for the sole purpose of creating and uploading a submission in this contest; (i) the submission must not contain text, images or artwork not created by entrant; (j) the submission must not contain material that Sponsor deems to be inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous or libelous; (k) the submission must not contain material that Sponsor deems to promote bigotry, racism, hatred or harm against any group or individual or to promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and (l) the submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where submission is created.
7.3. THE DECISION REGARDING THE APPROPRIATENESS OF THE CONTENT OF THE SUBMISSIONS SHALL BE AT THE SOLE DISCRETION OF THE SPONSOR.
7.4. Sponsor reserves the right to disqualify any entry in any Promotion (and void all associated entries) or entitlement to a prize, if, in the sole discretion of Sponsor, it determines or suspects that an entrant has attempted to undermine the legitimate operation of any Promotion.
7.5. Sponsor reserves the right in its sole discretion to cancel, modify or suspend any Promotion at any time with or without notice if fraud, technical failures (including any network server or hardware failure), viruses, bugs, errors in programming, or any other causes corrupt the administration, security or integrity of any Promotion. In the event of cancellation, Sponsor reserves the right to select Potential Winners from among all eligible, non-suspect entries received up to the time of such cancellation.
7.6. Any attempt by an entrant or other individual to deliberately damage any website or undermine the legitimate operation of any Promotion, including but not limited to any fraudulent claims, is a violation of criminal and civil laws. Should any such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorney’s fees) from any such individual, to the fullest extent permitted by law, including criminal prosecution. An entrant engaging in any of the foregoing activities may be disqualified (and all associated entries will be void) and will forfeit any prize won.
7.7. Neither Sponsor nor Instagram warrant that access to any Promotion will be uninterrupted. Sponsor and Instagram are not responsible for, and you hereby waive any claim arising from, any problems that may arise, including, without limitation: (i) inaccessible or unavailable networks, websites, or other connection or accessibility problems; (ii) failed, delayed or misdirected communications, including any lost, late, stolen, incomplete, illegible or undelivered entries; (iii) technical malfunctions, printing, clerical, or other errors in connection with the administration of any Promotion or the offering or announcement of any prize; (iv) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with any Promotion; (v) damage to a user’s system occasioned by participation in any Promotion; or (vi) any other errors of any kind relating to or in connection with any Promotion.
8. LIMITATIONS OF LIABILITY AND RELEASE. As a condition of entering, you agree: (i) to release Instagram and Promotion Entities from any and all liability, loss or damage incurred with respect to participating in any Promotion or the awarding, receipt, possession, and/or use or misuse of any prize or any travel or activity related thereto; (ii) that under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental, consequential, or any other damages (other than for actual out-of-pocket expenses) from each of Promotion Entities and Instagram; (iii) all causes of action arising out of or connected with any Promotion or any prize awarded shall be resolved individually, without resort to any form of class action; and (iv) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, and in no event will you be entitled to receive attorney’s fees or court costs. Some jurisdictions may not allow certain limitations on damages or the ability to seek damages through a class action, so some of these restrictions may not apply to you.
9. PUBLICITY RELEASE. Participation in any Promotion and/or acceptance of any prize constitutes permission for Sponsor to use, without notice or further compensation, worldwide and in perpetuity, any entrant’s entry, photo, likeness, biographical information, statement and voice in any and all media for any purpose, including without limitation, advertising and promotional purposes as well as in, on or in connection with Sponsor’s website or any Promotion, and entrant hereby releases the Promotion Entities from any liability with respect thereto (each a “Publicity Release”).
10. SUBMISSION MATERIALS. All submissions become property of Sponsor, including any text, photos, or videos (collectively, “Submission Materials”). No correspondence about Submission Materials will be answered. By entering, you grant permission to Sponsor, Sponsor’s parent company, subsidiaries, affiliates, partners and designees, and their respective agents and agencies, to publish, use, adapt, edit and/or modify your Submission Materials in any way, in any and all media worldwide, without limitation. By entering, you irrevocably assign and transfer to Sponsor of all right, title and interest in the Submission Materials, including without limitation, all copyrights, without further consideration. By entering, you warrant and represent that you are the author/photographer/videographer of the Submission Materials and that you have obtained all permission necessary for Sponsor to publish or use the Submission Materials in any media worldwide, including, but not limited to, permission from all persons depicted in the Submission Materials and from any holder of copyrights, trademarks or other rights in materials or other items depicted in the Submission Materials.
12. DISPUTES. Disputes, including construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of Missouri without regard to choice of law or conflict of law principles (whether of the State of Missouri or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Missouri. Any dispute, claims and causes of action arising out of or connected in any way with any Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and brought exclusively in a federal or state court in the county of St. Louis in the state of Missouri. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering any Promotion, but in no event attorney’s fees. Under no circumstances will an entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. In the event of any conflict with any Promotion details contained in these Official Rules and Promotion details contained in other Promotion materials (including, without limitation, any Entry Announcement or any point of sale, online or print advertising), the details of each Promotion as set forth in these Official Rules shall prevail.
13. WINNERS LIST/RULES REQUEST. For name of the Winner for any Promotion or for a copy of these Official Rules, send a self-addressed, stamped envelope (VT residents may omit return postage) specifying Official Rules or Winners List, to: Official Rules Request/Winners Names Request, Alamo Drive Happy Instagram Sweepstakes, 600 Corporate Park Drive, St. Louis, Missouri 63105. Request for the Winners List must include the applicable Drawing Date or end date of the respective Promotion.
14. DISCLAIMER. This Promotion is in no way sponsored, endorsed, or administered by, or associated with Instagram and/or any other social media platform.