Instagram 8 Days of Product Giveaways

Instagram 8 Days of Product Giveaways
(U.S. May 9, 2022 – May 16, 2022)

No purchase necessary to enter or win. A purchase or payment will not increase your chances of winning.

Instagram 8 Days of Product Giveaways (“Sweepstakes”) is sponsored by Ebates Performance Marketing, Inc., 160 Spear Street, Suite 1900, San Francisco, CA  94105 (“Sponsor” or “Rakuten”).

1. Eligibility:  The Sweepstakes is open to legal residents of the fifty (50) United States and the District of Columbia who are at least 18 years of age or older and have a valid Rakuten accounts (“Entrant”). Establishing a Rakuten account is free. Employees of Ebates Performance Marketing, Inc., its parent, subsidiaries, affiliates and advertising and promotion agencies and their immediate families (parent, child, spouse or sibling and their respective spouses, regardless of where they reside) and those living in their same households, whether or not related, are not eligible to participate or win. The Sweepstakes is subject to all applicable federal, state and local laws, rules and regulations. Void where prohibited. See Sponsor’s Privacy Policy at http://www.Rakuten.com/privacy_policy.htm for more information about privacy.

2. Sweepstakes Period:  The Sweepstakes begins on May 9, 2022 at 6:00 a.m. (“Start Date”) Pacific Time (“PT”) and ends May 16, 2022 at 11:59 p.m. PT (“End Date”) according to Sponsor’s time clock (“Sweepstakes Period”). The Sweepstakes Period will be divided into eight (8) daily entry periods (each, an “Entry Period”), with each beginning and ending as follows:

• Entry Period 1 begins on May 9, 2022 at 6:00 a.m. PT and ends on May 9, 2022 at 11:59 p.m. PT
• Entry Period 2 begins on May 10, 2022 at 6:00 a.m. PT and ends on May 10, 2022, at 11:59 p.m. PT
• Entry Period 3 begins on May 11, 2022 at 6:00 a.m. PT and ends on May 11, 2022, at 11:59 p.m. PT
• Entry Period 4 begins on May 12, 2022 at 6:00 a.m. PT and ends on May 12, 2022 at 11:59 p.m. PT
• Entry Period 5 begins on May 13, 2022 at 6:00 a.m. PT and ends on May 13, 2022, at 11:59 p.m. PT
• Entry Period 6 begins on May 14, 2022 at 6:00 a.m. PT and ends on May 14, 2022 at 11:59 p.m. PT
• Entry Period 7 begins on May 15, 2022 at 6:00 a.m. PT and ends on May 15, 2022, 2021 at 11:59 p.m. PT
• Entry Period 8 begins on May 16, 2022 at 6:00 a.m. PT and ends on May 16, 2022 at 11:59 p.m. PT
  
  

3. How to Enter the Sweepstakes: Entrants must have a valid Rakuten account and Instagram account at the start of the applicable Entry Period. If Entrants already have an Instagram account, Entrants will have to sign in to their accounts. If Entrants are not existing members of Instagram, Entrants will be required to follow the directions to join Instagram.  When Entrants join Instagram, Entrants agree to the Instagram Terms of Service and Privacy Policy.  Membership to Instagram.com is free.  Using Instagram, during the specific Entry Period, Entrants must follow Rakuten, like the post and tag up to five (5) friends in the comments section on Sponsor’s Instagram giveaway posts. Each comment tagging a friend counts as one (1) entry, with a limit of five (5) entries per Entrant.

All entries must be received by the end of the applicable Entry Period to be eligible for that Entry Period’s drawing. Limit five (5) entries per Entrant per Entry Period, regardless of method of entry. Incomplete, misdirected, garbled, corrupted, delayed or misdirected entries are void. Entrants discovered entering under several names or accounts or in any way attempting to tamper with the fair play of the Sweepstakes will be disqualified. Sponsor reserves the right to disqualify false entries or entries suspected of being false. Entries generated by a script, macro or other automated means will be disqualified. In the event of a dispute as to who submitted an entry, the Entrant will be deemed to be the person in whose name the Rakuten account associated with the entry is registered. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.

4. Odds:  Odds of winning a prize depend on the number of eligible entries received for the applicable drawing. Nonwinning entries from one drawing will not carry forward into subsequent drawings.

5. Winner Selection and Notification of Potential Winner: One (1) potential winner for Entry Periods 1 through 8 will be selected on or about the day following that Entry Period at 10:00 a.m. PT at random by a representative of Sponsor from among all eligible entries received for that Entry Period (the “Potential winner”).

The Potential winner will be notified via direct message on Instagram to ask for their Rakuten email address, and verify their eligibility, and winners will be announced on the Instagram post or in an Instagram story. Potential winner will be required to respond (as directed) within three (3) calendar days of attempted notification. The failure to respond timely to the notification may result in forfeiture of the prize and, in such case, Sponsor may randomly select an alternate potential winner from among the remaining eligible entries for the applicable Entry Period, up to three (3) attempts. Potential winner will be required to execute and return an affidavit of eligibility / liability / publicity release (“Release”) within five (5) calendar days from the date of notification. An alternate potential winner for any Entry Period may be randomly selected from among the remaining eligible entries for that Entry Period if potential winner, up to three (3) attempts: (i) cannot be reached; (ii) fails to prove eligibility, obtain all signatures on the Release and/or return any documents or information required by Sponsor in a timely manner as required pursuant to these Official Rules; or (iii) cannot accept or receive the prize for any reason.

6. Prizes Change Daily: (8 total) (One winner each for Entry Periods 1 through 8): Winners are responsible for all federal, state and local taxes as well as all costs and expenses associated with prize acceptance and use not specified herein as being provided. Winners are not permitted to transfer or substitute prize. Sponsor reserves the right to substitute a prize of comparable or greater value, in its sole discretion. All prize details are at Sponsor’s sole discretion.  Limit one (1) prize per person for the entire Sweepstakes. Total approximate retail value (ARV) is $4,030.00.

7. Publicity:  By participating in the Sweepstakes, Entrant irrevocably grants the Sponsor and its successors, assigns and licensees, the right to use such Entrant’s comments on Sponsor’s giveaway posts, name, username, likeness, and biographical information, in any and all media now or hereafter devised, for any purpose and in any manner, including without limitation, commercial, advertising and promotional purposes as well as in, on or in connection with the Sweepstakes or other promotions, throughout the world in perpetuity, and hereby release the Sponsor from any liability with respect thereto, unless prohibited by law.

8. General Conditions:  By participating, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of Sponsor and waive any right to claim ambiguity in the Sweepstakes or these Official Rules. Any portion of the Sweepstakes may be canceled, suspended and/or modified, in whole or in part, if in Sponsor’s opinion any fraud, technical failure or other factor impairs the integrity or proper functioning of the Sweepstakes. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes or Sponsor’s website, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages (including, without limitation, attorneys’ fees) and other remedies from any such person to the fullest extent permitted by law including, criminal prosecution.

9. Limitations of Liability:  If for any reason an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, the Entrant’s sole remedy is another entry in the same Sweepstakes during the Sweepstakes Period. Entrants agree to release, discharge, indemnify and hold harmless Sponsor, its parent, subsidiaries, affiliates and advertising and promotion agencies and all of their respective officers, directors, employees, representatives and agents (collectively, “Released Parties”) from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from: (i) use or acceptance of any prize, or (ii) participation in any Sweepstakes-related activity or participation in this Sweepstakes. Released Parties are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, garbled or damaged communications, Releases, email or mail; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prizes, or in any Sweepstakes-related materials.  Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the website. In the event Sponsor is prevented from continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to, hacking, tampering, unauthorized human intervention or due to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes (or any portion thereof). If the Sweepstakes (or any portion thereof) is terminated before the designated end date, Sponsor will (if possible) select the winner(s) for the Entry Period(s) at issue from all eligible, non-suspect entries received for such Entry Period(s) as of the date of the event giving rise to the termination. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision.  In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

10. Disputes: Disputes regarding these Official Rules and/or the Sweepstakes will be governed by the laws of the State of California without regards to its conflict of laws principles. Decisions of Sponsor are binding and final. In the event of a dispute as to any entry, the authorized account holder of the email address used to conduct a search will be deemed to be the entrant. No claimant in any dispute involving Sponsor shall be entitled to claim or obtain indirect, punitive, incidental or consequential damages. Sponsor’s failure to enforce any provision in these Official Rules shall not constitute a waiver of that provision.

11. Sweepstakes Results:  The names of the winners will be posted on the @rakuten Instagram page at https://www.instagram.com/rakuten/.  For names of the winners, available on or after May 16, 2022, send an email to socialteam@rakuten.com.  Requests received after May 31, 2022 will not be honored.

12. Mandatory Social Media Disclosure.  All Sweepstakes are in no way sponsored, endorsed or administered by, or associated with Instagram or any other social media platform.  Entrants are providing their information to Sponsor and not to Instagram, or the referenced social media platform.  The information Entrants provide will only be used for administering the specific sweepstakes and for marketing purposes in accordance with Sponsor’s privacy policy, located at http://www.Rakuten.com/privacy_policy.htm.





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