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06 30 2020 Terms and Conditionsv2

HONEY SWEEPSTAKES/GIVEAWAY OFFICIAL RULES

Honey Staff | Jun 30, 2020

HONEY SWEEPSTAKES/GIVEAWAY OFFICIAL RULES ("RULES")

Hey there. So, you want to enter this Sweepstakes. That’s awesome. Best of luck! These things have Rules though, which you should read.

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

BY PARTICIPATING IN THE SWEEPSTAKES, YOU AGREE TO THESE RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU.

THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM, LLC (“INSTAGRAM”).

1. OVERVIEW/SWEEPSTAKES PERIOD. The June 30, 2020, TAG TUESDAY Sweepstakes (“Sweepstakes”) is sponsored by Honey, a PayPal Inc. service (“Honey” or “Sponsor”). It begins when it is posted by Honey on Instagram (the “Post”) and it ends July 7, 2020 at 11:59:59 p.m. Pacific Time (PT) (the “Sweepstakes Period”). Sponsor’s clock will be the official timekeeper for this Sweepstakes, meaning an entry made within the Sweepstakes Period as evidenced by the time stamp attributed by Instagram to the Submission shall be deemed to have been entered within the Sweepstakes Period. This Sweepstakes is in partnership with RV Share, LLC (“RVShare”).

2. AGREEMENT TO SWEEPSTAKES RULES. Participation in the Sweepstakes constitutes your agreement to these Rules and Honey’s decisions related to the Sweepstakes, which you agree are final and binding. In order to be eligible to win a prize in the Sweepstakes, you must fulfill all requirements in the Rules.

3. ENTRANT ELIGIBILITY. The Sweepstakes is open only to legal residents of any one (1) of the fifty (50) United States or the District of Columbia who, as of the entry date and through the time of prize award, are at least eighteen (18) years old and the age of majority in their jurisdiction of primary residence. Employees, officers, managers, directors, and contractors (including, without limitation, influencers) of Honey, RVShare, their respective parents, divisions, affiliates, subsidiaries, advertising agencies or promotional partners associated with this Sweepstakes (collectively, the “Sweepstakes Entities”), and relatives of and those living in the same household as such individuals are not eligible to enter or win a prize. For the purpose of this Sweepstakes, relatives are defined as spouse, domestic partner, parent, legal guardian, legal ward, in-law, grandparent, sibling, children and grandchildren. This Sweepstakes is void in all U.S. territories (including Puerto Rico), possessions and overseas military installations and where prohibited by law. Potential winner may be required to provide Sponsor with proof that he/she is the registered account holder of the Instagram account associated with a potentially winning entry as well as proof of residency and age. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible.

4. HOW TO ENTER. To participate, you need to have an Instagram account (a “Social Account”). If you do not yet have a Social Account, you may create one prior to entering the Sweepstakes. The creation and use of a Social Account are subject to the Instagram available here: http://instagram.com/about/legal/terms/#. You may use a mobile device to enter the Sweepstakes, but if you do so standard data charges from your wireless carrier may apply. You must set your account settings on the Social Account to "public" in order for your comments to be viewable by Honey. 

You must take the following actions to enter the Sweepstakes:

(1) Follow @honey and @rvshare on Instagram;

(2) Tag a friend in the comments box on the Post; and

(3) In that same comment, tell Sponsor about your favorite summer activity!

Your entry will not be deemed an entry in the Sweepstakes until Sponsor verifies that it: (1) meets the requirements set forth above; (2) complies with these Official Rules and Instagram’s Terms of Use; (3) does not contain obscene, offensive or objectionable language or communicate messages inconsistent with the positive images to which Sponsor wishes to associate; or (4) does not infringe, misappropriate or violate the rights of any third party. Otherwise, the substantive content of the entry will not affect an entrant’s chances of winning. Approval or disapproval of an entry will not be communicated. 

Limit one (1) entry per person and per Instagram account. Attempts made by a participant to submit entries in excess of any limit or otherwise in violation of these Rules by using multiple or false contact information or otherwise may be disqualified. Sponsor is not responsible for misspellings, typographical errors, or other issues that may affect an Entry Post from being located using a search to find eligible. The entry content must remain active on Instagram through winner selection and prize award for the Sweepstakes to be eligible. Only entries that are posted, identified and recorded on the Instagram’s servers during the Sweepstakes Period will be considered. Other proof of submitting an entry (such as a printed or copied confirmation screen or message) does not constitute actual receipt of the entry for purposes of this Sweepstakes. Submissions generated by script, macro, or other automated means are void. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including, without limitation, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. Multiple entrants are not permitted to share the same Social Account. In the event of a dispute as to any registration, the authorized account holder of the Social Account used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address used to create the Social Account. Any Potential Winner may be required to show proof of being an authorized account holder.

5. REPRESENTATIONS AND WARRANTIES; HONEY'S USE OF SUBMISSIONS: By posting an entry, you represent and warrant that the entry complies with these Rules, and you grant to Honey (and its designees) a royalty-free, irrevocable, perpetual, non-exclusive right and license to display such entry (except where prohibited by law).

6. SELECTION OF WINNER: After the Sweepstakes Period, Honey will select a single entry at random (the "Potential Winner") from among all eligible entries received during the Sweepstakes Period. Odds of winning depend on number of eligible entries received. On or about July 7, 2020, a random drawing from among all eligible entries will be conducted by Sponsor’s designated agent/representative, whose decisions are final, to determine the Potential Winner. Sponsor or its designee will attempt to notify the Potential Winner that he or she may have won the prize in this Sweepstakes by direct message on Instagram (at Sponsor’s sole discretion) on the day of the drawing. Potential Winner will be required to provide his/her name, mailing address, date of birth, and consent to confirm eligibility and may be required to complete, sign, have notarized (if applicable) and return, without alteration and in the form presented by Sponsor, an affidavit of eligibility and liability/publicity release (unless prohibited by law) within the time frame specified by Sponsor or prize may be forfeited. In the event of noncompliance with these requirements, the prize may be forfeited. The affidavit of eligibility and liability/publicity release are subject to verification by Sponsor. If any the prize notification or Sweepstakes-related communication is rejected, faulty or returned as undeliverable, or if the potential winner cannot be reached after a reasonable attempt has been made by Sponsor or does not respond according to the notification’s or Sponsor’s instructions (as determined by Sponsor in its sole discretion), that winner or potential winner may be disqualified and an alternate winner may be randomly selected; the Sponsor will not be obligated to pursue more than three (3) alternate winners for any reason, in which case some prizes may go unawarded. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any.

7. PRIZES, QUANTITY AND APPROXIMATE RETAIL VALUE (“ARV”): This Sweepstakes prize is a five hundred-dollar ($500) gift card toward a RVShare rental. The ARV of the prize is $500 USD.  Redemption and use of the prize is subject toRVShare’s applicable policies; failure to comply with RVShare’s rental policies (by winner or his/her guests), as determined by Honey and RVShare in their discretion, will result in forfeiture of the prize and no alternate prize will be awarded. The prize is non-transferable and no substitution or cash redemptions will be made except in Honey’s sole discretion. Honey reserves the right to substitute the prize for one of equal or greater value if the prize should become unavailable for any reason. The Prize will be fulfilled no later than 4–6 weeks after the end of the Sweepstakes Period. All prize details not specified in these Official Rules will be determined in Sponsor’s sole discretion. Sponsor is not responsible for, and winner will not receive the difference, if any, between the actual value of the prize at the time of award and the stated ARV in these Rules or in any Sweepstakes-related correspondence or materials. If legitimately claimed, the prize will be awarded. Sponsor will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address or other contact information. If winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. No more than the stated prize will be awarded. Winner is strictly prohibited from selling, auctioning, trading or otherwise transferring any part of the prize. 

9. TAXES: All applicable taxes (as well as any expenses not specified in these Official Rules as being provided as part of the prize) are the sole responsibility of the prize recipient. Federal IRS 1099-MISC or other tax forms may be issued where required.

10. PUBLICITY: Acceptance of a prize shall constitute and signify the Sweepstakes Winner’s agreement and consent that Honey and its designees may use the winner’s name, city, state, likeness, photo, including winner’s Social Account profile photo, entry, and/or prize information in connection with the Sweepstakes for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law, and Sweepstakes Winner releases all Released Parties from any and all liability related thereto. Nothing contained in these Rules obligates Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use.

11. ENFORCEMENT OF AND COMPLIANCE WITH RULES: Sponsor’s decisions will be final in all matters relating to this Sweepstakes, including interpretation of the Rules, determination of the recipients, and distribution of the prizes. All participants, as a condition of entry, agree to be bound by and comply with the Rules and the decisions and instructions of Honey. Failure to comply with the  Rules may result in disqualification from this Sweepstakes. Honey’s failure to or decision not to enforce any provision in the Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and/or the Rules (including any alleged discrepancy or inconsistency in the Rules), it will be resolved in Honey’s sole discretion.  Participants waive any right to claim ambiguity in the Sweepstakes or the Rules. The invalidity or unenforceability of any provision of the Rules will 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, the Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

12. DISQUALIFICATION, CANCELLATION, MODIFICATION, SUSPENSION:  In its sole discretion, Sponsor reserves the right to: (a) void participation of any participant who Sponsor believes has attempted to tamper with or impair the administration, security, fairness or proper play of this Sweepstakes; (b) disqualify any participant at any time (even if disqualified winner or potential winner may have been notified or displayed or announced anywhere), if Sponsor determines at any time in its sole discretion that such participant is ineligible, in violation of the Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person; (c) restrict or void online entries or participation from any IP address if any suspicious entry and/or participation is detected; (d) cancel, modify or suspend the Sweepstakes and distribute the prize  in a manner deemed fair and appropriate by Sponsor if the Sweepstakes is not capable of running as planned for any reason; (e) disqualify any participant that supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of the Rules  in an attempt to obtain any prize (and in such case, that person may be prosecuted to the full extent of the law). Participants agree to not damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES MAY VIOLATE CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.

13. LIMITATIONS OF LIABILITY: EACH ENTRANT AGREES TO RELEASE, HOLD HARMLESS AND INDEMNIFY THE SWEEPSTAKES ENTITIES AND INSTAGRAM (“RELEASED PARTIES”) FOR ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF THE PRIZE, WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY PRIZE- OR SWEEPSTAKES-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. THE WINNER AGREES (AS BETWEEN WINNER AND THE SWEEPSTAKES ENTITIES) THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS: “CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. 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.

14. Additional Disclaimers: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Sweepstakes; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Sweepstakes, the uploading, the processing or judging of Submissions, the announcement of the prizes or in any Sweepstakes-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of the prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third-party use of any entry. Without limiting any other provision in the Rules, Released Parties are not responsible or liable to any participant or any person claiming through such participant for failure to supply an prize or any part thereof in the event that any of the Sweepstakes activities or the Released Parties operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, pandemics, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, national, federal, state, provincial, territorial, or local government authority, or any other cause, whether or not specifically mentioned above.

15. DISPUTES; GOVERNING 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 the prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Central District of California or the appropriate California State Court located in Los Angeles County, California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of the entrant and Honey in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations, and is void where prohibited. 

16. WINNER ANNOUNCEMENT: The Sweepstakes Winner will be recognized in an Instagram post from the @honey account, which will remain on Instagram for at least 90 days from the date of posting. To find out who won, email content@joinhoney.com within (3) months of the end of the Sweepstakes Period.

17. PRIVACY:  As a condition of entering the Sweepstakes, without limiting any other provision in these Rules, each entrant gives consent for Sponsor and its agents to obtain and deliver his or her name, address, and other information and content to third parties for the sole purpose of administering this Sweepstakes and complying with applicable laws, regulations, and rules. Information collected from entrants and Sweepstakes Winner is subject to Honey’s Privacy Policy located at https://www.joinhoney.com/privacy.

18. THE SPONSOR OF THIS SWEEPSTAKES IS:  Honey, a PayPal service, 963 E. 4th Street, Los Angeles California, 90013