Terms and Conditions
Contest Official Rules:
2019 Lightning Labels 25K INSTAGRAM PHOTO CONTEST Rules
No purchase necessary to enter or win. A purchase does not increase your chances of winning. Open to legal residents of the United States and D.C.
Void where prohibited.
LIGHTNING LABELS, LLC
Sponsor, Lightning Labels, LLC (“Lightning Labels “) is located at 2369 S Trenton Way, Unit C, Denver, CO, 80231, USA.
The 2019 Lightning Labels 25K Instagram Product Label Photo Competition (the “Contest”) ends March 11, 2019, 11:59:00 p.m. ET (the “Contest Period”). All information on how to enter the Contest and prizes awarded in the Contest are incorporated as part of these official rules (“Official Rules”). By submitting an entry, each entrant (“Entrant”) agrees to the Official Rules and further represents and warrants that its, his or her entry complies with all specified requirements as stated herein. NO PURCHASE NECESSARY.
WHO MAY ENTER
The Contest is open only to legal residents of the 50 United States of America and D.C. who are eighteen (18) years of age or older at the start of the Contest and who were customers of Lightning Labels in the one year prior to the Contest Period end date. Employees and members of their households and immediate families (spouses, parents, siblings, children and each of their respective spouses) of the Promotion Entities (as defined below) and their respective parent companies, subsidiaries, and affiliates, and their advertising and promotion agencies and all local sponsors are not eligible to enter. Void where prohibited.
HOW TO ENTER
An Entrant may enter the Contest by visiting the Lightning Labels Instagram page https://www.instagram.com/lightninglabels/ (the “Website) and submitting a Submission (as defined below) (each, an “Entry”). All Entries must be received by 11:59:00 p.m. ET on March 11, 2019 to be eligible. Lightning Labels will not verify receipt of Entries. Lightning Labels reserves the right to examine the original photograph/source material in order to confirm adherence to the Official Rules. All Entries become the property of Lightning Labels and will not be returned.
Submissions for the Contest must consist of a digital photograph of labels on a roll and a product with a label printed by Lightning Labels on it (collectively, the “Submissions, and each, a “Submission”). The label depicted in the Submission must have been printed by Lightning Labels on or after January 1, 2017, and must be an actual product with a product label that was printed by Lightning Labels on it, not just artwork depicting such a label. The Submission should not contain any material, elements or property that are not owned by the Entrant or Entrant’s company or organization, and/or which are subject to the rights of third parties, and no persons should appear in the photograph. Any Submission which depicts a label printed by Lightning Labels that has been modified or changed from the original design as printed by Lightning Labels will automatically disqualify the Submission.
There is no limit on the number of entries each Entrant may submit. However, each photograph entered requires a submission of a separate entry. All Entries must comply with the requirements set forth in these Official Rules (the "Requirements"). All photographs must be submitted in digital format. Only online Entries made via the Lightning Labels Instagram page are eligible. No print or film submissions will be accepted.
Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, contest entry services) will void all Entries by that Entrant. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the Entrant. The "authorized account holder" is the natural person assigned an 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. Potential winners may be required to show proof of being the authorized account holders.
The Submission must not include: (a) content that violates any third party rights, including, but not limited to, copyrights or trademark rights; (b) defamatory language; (c) threatening language; (d) language that is sexually explicit, obscene, or indecent; (e) language that promotes alcohol, tobacco, or drug use; or (f) otherwise unlawful language or language that Lightning Labels determines is not reasonably related to the Contest or promotion of the Contest.
By entering the Contest, Entrant represents, warrants and acknowledges that (i) the Submission is an original work created solely by Entrant; (ii) Entrant owns all rights to the Submission and it does not and shall not infringe on the copyrights, trademarks, rights of privacy/publicity or other intellectual property or proprietary rights of any person or entity; and (iii) no other party has any right, title, claim, or interest in the photograph and product label image.
Lightning Labels reserves the right to disqualify any Entrant that violates the aforementioned conditions.
If the Submission contains any material, elements or property that are not owned by the Entrant or Entrant’s company or organization, and/or which are subject to the rights of third parties, and/or if any persons appear in the photograph, the Entrant is responsible for obtaining, prior to submission of the photograph, any and all releases and consents necessary to permit the exhibition and use of the photograph in the manner set forth in these Official Rules without additional compensation. If any person appearing in any photograph is under the age of majority in their state/province/territory of residence, the signature of a parent or legal guardian is required on releases and consents for each submitted image.
Upon Lightning Labels' request, each Entrant must provide (within seven (7) calendar days of receipt of Lightning Labels' request) a signed release from all persons who appear in the Submission, and/or from the owner of any material, element or property that appears in the Submission, authorizing Lightning Labels and its licensees ("Authorized Parties") to reproduce, distribute, display, and create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or in the future. All releases must be in the form provided by Lightning Labels. Failure to provide required releases within the time prescribed will result in ineligibility at any time during the Contest and result in the selection of an alternate winner.
3 (three) product label images will be selected as the prize winner and each will receive $250 in credits towards a Lightning Labels purchase. The Submission may be displayed on the Lightning Labels’ website, in any digital or print media now or in the future, including, but not limited to: online display of winners; or any display as example of Lighting Labels product in any marketing collateral online or print.
Total approximate retail value of prize: $750
PRIZES THAT ARE RETURNED AS UNDELIVERABLE, EITHER BY REGULAR MAIL OR BY EMAIL, COULD RESULT IN DISQUALIFICATION FROM THE CONTEST AND SELECTION OF A DIFFERENT WINNER.
A prospective winner may be required to sign an affidavit of eligibility and release of liability and publicity (where permitted), and return same, properly executed, within five (5) calendar days of issuance of prize notification. If Lightning Labels is unable to contact the prospective winner within three (3) calendar days from first notification attempt, if the prospective winner fails to complete and return all requested forms by the specified date, or if the prospective winner fails to comply with any of the requirements, his/her prize will be forfeited and an alternate prospective winner shall be selected by selecting the next-highest scoring Submission. By entering into the Contest, all Entrants consent to the use of their name, photograph, likeness, biography, voice and/or video for advertising and promotional purposes, including online announcements, worldwide and without limitation and without additional compensation, except where prohibited by law.
Winners shall not be permitted to transfer, assign or substitute any prize. Winners shall not be permitted to combine prize credits with any other promotions or additional discounts. Lightning Labels, in its sole discretion, reserves the right to substitute the original prize (or any part of the prize) with an alternative of equal value. Prizes may not be redeemed for cash and have no cash value. Any prize not claimed within thirty (30) calendar days shall be forfeited. The specifics of all aforementioned elements of the prizes in the Contest shall be solely determined by Lightning Labels. All costs, taxes, fees, and expenses associated with any element of any prize not specifically addressed above are the sole responsibility of the respective winner. All federal, state and local taxes on prizes are the prize winner’s responsibility. Winner may be asked to complete and submit a W-9 and may be issued a 1099 tax form for the actual value of the respective prize.
SELECTION OF WINNER
A winner will be selected at random from among all eligible Submissions on or about March 15, 2019.
By entering the Contest, all Entrants grant worldwide, irrevocable, unrestricted, perpetual, non-exclusive license, right and permission to Lightning Labels to reproduce, distribute, display and create derivative works of the Entries (along with a name credit) in connection with the Contest and promotion of the Contest, in any digital or print media now or in the future, including, but not limited to: online display of winners; or any display as example of Lighting Labels product in any marketing collateral online or print. Lightning Labels shall not be required to pay any additional consideration or seek any additional approval in connection with such use.
LIMITATION OF LIABILITY
By entering this Contest, all entrants agree to release, discharge, and hold harmless Lightning Labels and its predecessors, successors, assigns, partners, parents, affiliates, subsidiaries, licensees, advertising agencies, sponsors, organizers, agents and their respective officers, directors, shareholders, members, managers, partners, attorneys, insurers and employees (the “ Promotion Entities”) past and present, from any claims, losses, liabilities, causes of action, demands to any rights, and damages, costs, attorney’s fees, expenses, of whatever kind or nature, in law, equity or otherwise, whether known or unknown, vested or contingent, suspected or unsuspected, that entrants may now have, have ever had, or hereafter may have relating directly or indirectly to, arising from or connected with their participation in this Contest and the acceptance, use, misuse or possession of any prize awarded hereunder.
Lightning Labels assumes no responsibility for any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in this Contest; inability to access the Website; theft, tampering, destruction, or unauthorized access to, or alteration of entries; transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any web site; printing or human or other errors; and any entries which are late, lost, incomplete, misdirected, stolen, mutilated, illegible or postage due, or any combination thereof. Proof of mailing, in person submission, or online submission is not considered proof of delivery or receipt. All Entries become the property of Lightning Labels and will not be returned.
If by reason of a printing or other error, more prizes are claimed than the number set forth in these rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. Any drawn entry shall answer a mathematical skill testing question to be eligible to win. No more than the advertised number of prizes will be awarded. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
THIS CONTEST IS VOID WHERE PROHIBITED BY LAW. Entrants agree that this Contest shall be subject to and governed by the laws of Colorado and the forum for any dispute shall be in Denver, Colorado, United States of America. To the extent permitted by law, the right to litigate, to seek injunctive relief or to make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or on connection with this Contest are hereby excluded and any entrant expressly waives any and all such rights. Certain restrictions may apply. Lightning Labels has the right to void any Entries if they determine the photograph to not be an original, or if the Entries are illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error or obtained through fraud or theft.
By entering, Entrants also agree (a) to be bound by these Official Rules; (b) that the decisions of the Judges are final and binding with respect to all matters relating to the Contest; and (c) that Lightning Labels may use the winning Submissions and each winner's name relating to the Contest or future promotions without compensation or approval (except where prohibited by law). All federal, state/provincial/territorial, and local taxes, fees and surcharges and taxes (whether foreign or domestic, and including income, sales, and import taxes) on prizes are the sole responsibility of the prize winners. In the event that the selected winner(s) of any prize is/are ineligible, cannot be traced or does/do not respond within three (3) calendar days of the winner notifications as required by the "Contest Prizes" Rules above, or refuses the prize, the prize will be forfeited and Lightning Labels may choose whether or not to award the prize to another entrant.
Lightning Labels reserves the right to confirm the validity and originality of any Entry and/or Entrant (including an Entrant's identity and address) and to disqualify any Entrant who submits an Entry that is not in accordance with the Official Rules or who tampers with the entry process. Failure by Lightning Labels to enforce any of its rights at any stage does not constitute a waiver of those rights.
In the event of a dispute as to the identity of the winner based on an e-mail address, the winning Entry will be declared made by the authorized account holder of the e-mail address submitted at time of Entry. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, LIGHTNING LABELS RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
RIGHT TO CANCEL OR SUSPEND CONTEST
If for any reason the Contest is not capable of running as planned, Lightning Labels reserves the right, at its sole discretion to cancel, terminate, modify, or suspend the Contest.
Entrants agree that personal data, especially name, company name and website, may be processed, shared, and otherwise used for the purposes and within the context of the Contest and any other purposes outlined in these Official Rules. The data may also be used by Lightning Labels in order to verify the entrant's identity, postal address, and telephone number or to otherwise verify the Entrant's eligibility to participate in the Contest. Entrants have the right to access, review, rectify, or cancel any personal data held by Lightning Labels by writing to Lightning Labels at 2369 S Trenton Way, Unit C, Denver, CO 80231, USA. Further information is available at: https://www.lightninglabels.com/privacy
No purchase necessary. Open to legal residents of the 50 United States and D.C., age 18 or older who are customers of Lightning Labels. Void where prohibited. Odds of winning depend on number of entries received. Contest ends at 11:59:00 p.m. ET on March 11, 2019. Sponsored by Lightning Labels, LLC, 2369 S Trenton Way, Unit C, Denver, CO, 80231, USA