Caught Being Healthy Instagram Contest
1. Eligibility: This Contest is open to individual legal residents of the 50 United States and the District of Columbia who are 18 years of age or older at time of entry. Directors, officers, shareholders, employees, and agents of American Media, Inc., Jamba, Inc. and WanderWe.com (collectively, “Sponsors”), as well as directors, officers, shareholders, employees, and agents of advertising and/or promotional partners and agencies of Sponsors, and the immediate families (spouse, parents, children, siblings, and their spouses) of each of the foregoing, are not eligible. Void where prohibited.
2. Contest Period: The Contest begins on May 1, 2014 at 12pm (ET) and ends on September 16, 2014 at 3am (ET) (the “Contest Period”).
3. Entry: During the Contest Period, sign in to your Instagram account. If you do not have an account, visit www.instagram.com to create one and allow your profile to be public. The account is free. All terms and conditions of Instagram.com apply. You then must post a photo showing a healthy activity, meal, purchase, event, or something that inspires healthy activities (the “Photo”) with the #Caughtbeinghealthy hashtag. All eligible entries will be considered for the Grand Prize. If you include a Jamba Juice location or product in your Photo, you will also be eligible for one of the “Jamba Juice Monthly Prizes” (as described more fully below). Limit one entry per person. All entries must be made via Instagram. No other form of entry is permitted and will not be accepted. All entries must be received during the Contest Period. Contestant is responsible for all fees charged by any Internet Service Provider. Upon their receipt, entries become the property of Sponsors and will not be returned. Entries are void if received through illegitimate channels or if they are the result of fraud.
4. Submitted Materials: By submitting a Photo, each contestant represents and warrants that: contestant is the sole owner, author or otherwise controls all the rights to the Photo; the Photo will not harm or cause injury to any entity or person; the Photo does not infringe on any third party’s proprietary rights, does not violate any local, state or federal laws, regulations, statutes or ordinances, and are not considered to be offensive, threatening, abusive, harassing, vulgar, obscene, profane, libelous, hateful, discriminatory against any race, religion or sex, or otherwise objectionable; the Photo does not include any websites, addresses (physical and electronic); phone numbers or other contact information, references to price, other businesses, viruses, worms or other potentially damaging computer programs or files, advertisements or spam. The Photos must not denigrate either Sponsor in any way. Sponsors will not accept any liability for any content contestant or any third party submits. Sponsors are not obligated to monitor, edit or remove any content submitted. Contestants agree to indemnify, defend and hold Sponsors and their respective affiliates, subsidiaries, parent companies, licensors, advertising and promotional agencies, and all of their officers, directors, shareholders, employees and agents harmless against any and all liabilities, losses, damages, claims, debts, investigations, fines, penalties, costs, expenses and settlements (including attorneys’ fees and costs of litigation, settlement, judgment, interest and penalties) arising out of or related to a breach of the foregoing representations and warranties or from the Review. Contestants grant to Sponsors an irrevocable, non-exclusive, world-wide, fully paid, perpetual, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display the Photos throughout the world in any media, without prior notice, approval or compensation. Contestants otherwise will retain all rights to their Photos, and the Sponsors’ publication of their Photos will not limit contestants’ use and ability to further market the Photos. Each contestant agrees that Sponsors have no obligation to use or continue using such contestant’s Photo. Photos that do not comply with these Official Rules or that otherwise contain prohibited or inappropriate content as determined by Sponsors, in their sole discretion, will be disqualified and will not be considered for the prize. Sponsors make the final determination as to which entries are eligible to take part in this Contest and may be considered for the prizes. Certain Photos may be featured from time to time on the Contest website during the Contest Period, in Sponsors’ sole discretion; being selected as a featured Photo is unrelated to the judging criteria (as described above) and does not guarantee selection as a prize winner in the Contest.
5. Prize Winner Selection: On or about September 30, 2014, a panel of judges selected by Sponsors will choose the Grand Prize winner from among all eligible entries. Judges will choose the monthly Jamba Juice Prize winners from among all entries that meet the criteria for inclusion in the Jamba Juice Prize portion of the Contest at the end of each calendar month and will notify the winners by comment on Instagram photo. The judges will choose the winners by applying the following criteria: Adherence to the contest (10%), authenticity (10%), originality (30%), level of activity showcased in the photo (20%), interesting caption (20%), visual aesthetic appeal of the photo (10%). On or about September 30, 2014 Sponsors will attempt to notify the winners by comment on Instagram photo. Any prize notification that is returned as undeliverable, is otherwise unsuccessful, or is not accepted via email or telephone within 24 hours will result in disqualification, and Sponsors may select an alternate winner. Odds of winning depend on the number of eligible entries. Only the prizes set forth below will be awarded. In no event will Sponsors award more prizes than are provided for in these Official Rules.
6. Prizes: One Grand Prize: The Grand Prize winner will receive a 4-day, 3-night trip package for two to the Tenaya Lodge (www.tenayalodge.com) in Yosemite, CA from WanderWe.
The trip consists of two $300 round-trip airfare vouchers from the major airport nearest the winner’s home to Yosemite, CA and 3 nights, standard hotel accommodations for two at the Tenaya Lodge. The following excursions and meals are included as part of the package:
- Full Moon Bike Tour (2 hours, night 1 – bike rental included)
- Adventure Hike (6 hours, day 2)
- Dinner at Mountain Room Restaurant (night 2)
- Dinner at Ahwahnee Dining Room (night 3)
Approximate retail value (“ARV”) of Grand Prize is $1,700.
Jamba Juice Prizes: 5 winners will also receive a “Jamba Juice Prize.” Each Jamba Juice prize is a $100 Jamba Juice gift card and a Jamba Juice stainless steel sports bottle. Gift cards subject to terms and conditions thereon.
Prize winner is responsible for all expenses not listed in these rules and for payment of any applicable federal, state, and/or local taxes. Prize is not transferable. Cash redemption, exchange or substitution is not allowed except at the sole discretion of Sponsors. Sponsors may substitute a prize of equal or greater value for any prize that is not available for any reason.
Actual value of Grand Prize may vary based on air transportation fluctuations and distance between departure and destination, though the maximum amount of the Grand Prize will not exceed the stated ARV. If the actual value of the Grand Prize is lower than the stated ARV, difference in value will not be awarded. Grand Prize trip must be completed by no later than December 20, 2016. Winners must be over 18. Travel arrangements must be made through WanderWe.com and may not be modified once made. Any portion of Grand Prize not used will be forfeited. Winner and guest must travel on the same itinerary. Air travel and hotel stay are not eligible for frequent flyer miles or any other form of loyalty points or awards.
Winners must contact WanderWe at least 6 weeks prior to desired departure date. Lodgings and activities subject to change based on availability. WanderWe will provide lodgings and similar activities of equal or lesser value.
Blackout dates: November 23-29, 2014, December 21, 2014 – January 3, 2015 and November 22-28, 2015.
7. How to Claim Prize: Contest winner may be required to sign and return to Sponsors an Affidavit of Eligibility and Liability Release and, where legal, a Publicity Release, and, if so, all required documents must be signed and returned to Sponsors within seven days of the date Sponsors send them to winner. Guest of Grand Prize winner must also sign and return Release prior to accompanying winner on Grand Prize trip. By accepting the prize, the winner grants permission to the Sponsors to use his or her name and/or photographs, likenesses, voices, any statement by winner, and biographical information for publicity and promotional purposes without further compensation unless prohibited by law.
8. Additional Terms: By entering the Contest, contestants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, will be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest but in no event attorneys’ fees; and (c) under no circumstances will any contestant be permitted to obtain any award for, and contestant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses
9. Release: By participating in this Contest, contestants agree to release, discharge and hold harmless Sponsors and their respective subsidiaries and affiliates, its advertising and promotion agencies, and their directors, officers, shareholders, employees and/or agents, from and against any and all claims, damages, liability, losses, and expenses arising out of this Contest or acceptance, use, or misuse of the prize received in this Contest. Contestants agree that no claim relating to such claims, damages, liability, losses, and expenses will be asserted against the Sponsors or any of their subsidiaries or affiliates, or their respective directors, officers, shareholders, employees and/or agents. By accepting a prize, winner agrees to release and hold the Sponsors harmless from any and all claims, damages, liability, losses, and expenses and actions of any kind resulting from the acceptance, possession or use of the prize, including without limitation, personal injuries, death, and property damage.
10. Conduct: By entering this Contest contestants agree to be bound by these Official Rules. Contestants further agree to be bound by the decisions of the Sponsors, which will be final and binding in all respects. The Sponsors reserve the right, at their sole discretion, to disqualify any individual found to be tampering with the entry process; to be acting in violation of the Official Rules; or with intent to annoy, abuse, threaten or harass any other person.
11. Limitations of Liability: The Sponsors and participating promotional agencies (and the subsidiaries and affiliates of each) are not in any way responsible or liable for damage, loss, or injury resulting from altered, late, lost, damaged, misdirected, or illegible entries, or telephone, computer, online or technical malfunctions (including busy lines and disconnections), or acceptance and use of a prize or travel in connection with such prize. Entries may be deleted by owners from Instagram throughout the contest dates. Those entries may no longer be eligible, depending on the time they were removed. Entries may not be visible to everyone and cannot be viewed unless browsing the specific hashtag #caughtbeinghealthy. The Sponsors are not responsible for any incorrect or inaccurate information utilized in the Contest or by any technical or human error, which may occur in the processing of entries in the Contest. The Sponsors assume no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of entries. The Sponsors are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any Web site or combination thereof, including injury or damage to contestant’s or to any other person’s computer related or resulting from participation or downloading materials in this Contest. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsors, which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, the Sponsors reserve the right at their sole discretion to cancel, terminate, modify, or suspend the Contest. If Sponsors do so, Sponsors will award the prize in a random drawing from among all eligible, non-suspect entries received as of the Contest termination and will post notice of the termination on Instagram as well as on their specific websites.
12. Winners List: For a winners list, send a self-addressed, stamped envelope to Caught Being Healthy Winners List, American Media, 4 New York Plaza, 2nd Floor, New York, NY 10004. All requests must be received by October 15, 2014. Residents of Vermont may omit return postage.
13. Sponsors: American Media, Inc., 4 New York Plaza, 2nd Floor, New York, NY 10004, Jamba, Inc., 6475 Christie Ave., Suite 150, Emeryville, California 94608 and Oversee.net, d/b/a WanderWe.com, 515 S. Flower St., Suite 4400, Los Angeles, California 90071.