Biggest Fan on the Beach Rules
- General. NO PURCHASE NECESSARY TO ENTER TO WIN. By submitting an entry to this sweepstakes, sponsored by Delaware North Companies, Inc. -Boston (“DNCB”), (“the Sponsor”), the entrant acknowledges and agrees to all of these Official Rules. Void where prohibited. Sweepstakes begins on August 25, 2014 at 4:00 PM and ends August 30, 2014 at 4:00 PM. All times in this sweepstakes refer to Eastern Time. By entering the drawing, entrants agree to be bound by these Official Rules and by all decisions of the Sponsor, whose decisions are at its sole discretion and are binding and final. Failure to comply with these rules will result in disqualification from this sweepstakes.
- Eligibility. The sweepstakes is open only to legal U.S. residents of MA, CT, NH, RI, VT and ME who are 13 years of age or older as of August 25, 2014. If winner selected is under 18 years of age, the prize will be awarded to the winner’s parent or legal guardian. Parent or legal guardian must be 18 years of age or older as of August 25, 2014. Employees of Sponsor and their respective parent companies, subsidiaries, and affiliates, and the officers, directors, agents, employees, advertising and promotion agencies and members of their immediate families (spouses, parents, children, and siblings and their spouses) of each of the foregoing are not eligible.
- How To Enter. To enter the Sweepstakes, participants must follow @tdgarden (www.instagram.com/tdgarden) on Instagram and then post a photo to Instagram which demonstrates how they are the ‘Biggest Fan On The Beach’ and use the hashtag #TDGarden in the photo description. By following TD Garden on Instagram and posting a ‘Biggest Fan on the Beach’ photo using hashtag #TDGarden, participants will be eligible for the sweepstakes. Entrants must be the registered subscriber of the account from which the entry is made. A complete release of Instagram by each entrant or participant is required. One entry allowed per person during the sweepstakes. Multiple entries received from any person will void all such additional entries. Entries generated by a script, macro or other automated means will be disqualified. Entries that are incomplete corrupted are void and will not be accepted. Photos that are lewd, obscene, or inappropriate, in Sponsor’s sole discretion, shall be excluded from entry. Standard data rates may apply. Proof of submission does not constitute proof of receipt.
- Selection of Winner. Five (5) winners will be selected each day from all participants in the Sweepstakes. Five winners will be notified by the time of the next Instagram post each day through an Instagram Direct Message. Winners will be notified beginning August 26, 2014 and ending August 31, 2014. If any prize notification is undeliverable, or in the event of non-compliance with any of these requirements, the prize will be forfeited. A winner can only win once over the course of the 5 day contest.
- Prize. Five (5) prizes a day for 5 days will be awarded for the TD Garden Instagram Sweepstakes: Biggest Fan on the Beach. Each prize will consist of one TD Garden Beach Towel. The total estimated value of the prize is $25. The odds of winning depend on the number of eligible entries received. The prize cannot be exchanged for cash and there are no substitutions. Transfer of the prize is prohibited. The Sponsor reserves the right to substitute a similar prize of equal or greater value at its sole discretion.
- If winner selected is under 18 years of age, the prize will be awarded to the winner’s parent or legal guardian. Parent or legal guardian must be 18 years of age or older as August 25, 2014. Winner (or parent or legal guardian) must complete an affidavit of eligibility and liability release, or the prize will be forfeited and alternate winner selected.
- Disclaimer and Indemnity. By entering the sweepstakes, the entrant assumes all liability for any personal injury or damages caused or claimed to be caused by, arising out of or in connection with his or her participation in the sweepstakes and/or the acceptance and/or use of any prize, and hereby indemnifies, holds harmless and releases the Sponsor, Instagram and their respective parent companies, subsidiaries, affiliates, officers, directors, agents, and employees, from any and all such liability. The promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. None of the Sponsor, Instagram and their respective parent companies, subsidiaries, and affiliates, and the officers, directors, agents and employees of any of the foregoing, are responsible for technical, hardware, software, or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in this sweepstakes or by any human error which may occur in the processing of the entries in this contest. Entry constitutes permission (except where prohibited by law) to use winner’s photo entry, name, city, state, likeness and/or voice for purposes of advertising, promotion and publicity without additional compensation.
- Internet. If for any reason, the sweepstakes is not capable of running as planned for any reason, including infection by computer virus, bugs, tampering, and unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity of the game or sweepstakes, the Sponsor reserves the right in its sole discretion to disqualify any individual it believes has tampered with the entry process, and/or cancel, terminate, modify or suspend the sweepstakes. The Sponsor and its parent company, subsidiaries, and affiliates, and the officers, directors, agents and employees of any of the foregoing (i) assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alternation of, entries, (ii) are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or provider, computer equipment, software, failure of any email to be received by the Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to the participant’s or any other person’s computer related to or resulting from participation or downloading any materials in these sweepstakes. If there is a dispute as to the identity of an online entrant, the prize will be awarded to the authorized account holder of the email address, as determined by Sponsor in its sole discretion.
- 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 sweepstakes 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 Boston, Massachusetts, (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. Massachusetts law, without reference to Massachusetts’ choice of law rules, governs the sweepstakes and all aspects related thereto.
- The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram. Participants are providing information to the Sponsor and not to Instagram.
- Winner Announcement. For the name of the winner(s), available after August 30, 2014, send a self-addressed, stamped envelope to be received by Friday, September 19, 2014 to: TD Garden Instagram Contest: Biggest Fan on the Beach, 100 Legends Way, Boston, MA 02114.