Myokem Instagram Giveaway Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
By participating in the Myokem Giveaway (the “Promotion”), each entrant (or his or her parent or legal guardian if the entrant is under the age of majority in his or her state of residence) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Myokem (“Sponsor”), which are final and binding in all respects. Sponsor is responsible for the collection and selection entries and the Promotion’s overall administration. Entrants should look solely to Sponsor with any questions, comments or problems related to the Promotion. The Promotion is in no way sponsored, endorsed, approved or administered by, or associated with, Instagram.
- ELIGIBILITY: The Promotion is open only to those who are 18 years of age or older as of the start of the Promotion Period (defined below); and (iii) who have a valid public Instagram account (individually “Entrant”, collectively “Entrants”). Entrants under the legal age of majority in their state of residence must have permission to enter the Promotion from their parent or legal guardian. Employees of Myokem, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Promotion. The Promotion is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
- AGREEMENT TO RULES: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Myokem as final and binding as it relates to the content of this Promotion.
- TIMING: The Promotion begins 11/5/18 at 12:00PM Eastern Time (“EST”) and ends on 11/9/18 at 11:59PM EST (the “Promotion Period”). Sponsor’s computer, or that of its designee, shall serve as the official timekeeper for the Promotion.
- HOW TO ENTER: A valid public Instagram account and internet access are required to enter this Promotion. You must follow @Myokem. During the Promotion Period, @Myokem will post a photo to Instagram that announces this Promotion (a “Promotion Post”). Like the Promotion Post and tag 2 friends in a comment. Limit: One (1) Entry per person. Additional Entries: During the Promotion Period, Entrants may obtain one (1) additional entry by reposting the Promotion post to their Instagram story or Instagram Page tagging @Myokem and #Myokemgiveaway. Limit: one (1) additional entry. To be valid, all Entries must be received no later than 11/9/18 at 11:59PM EST.
- ENTRY CONDITIONS: In case of dispute, Entries will be deemed made by the authorized account holder of the e-mail address submitted with or associated with the Entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e- mail address. The use of multiple Instagram accounts by one (1) person to enter above the stated limit is specifically prohibited and may cause disqualification. Each potential winner may be required to show proof of being the authorized account holder. Sponsor will not verify receipt of Entries. Entries become property of Sponsor and will not be returned.
- PRIZE: Two (2) winners will each receive the following: Two (2) bottles of Pyroxamine. Prize fulfillment is based on availability and prize may differ from promotion images. Please allow 12-14 weeks for prize delivery from the time a winner provides delivery information to Sponsor. No cash or other prize substitution shall be permitted except at Myokem’s discretion. The prize is non transferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for Myokem to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
- ODDS OF WINNING: The odds of winning depend on the total number of eligible Entries received.
- WINNER SELECTION: Two (2) potential winning Entrants will be selected by random drawing on or about 11/12/18. Potential winning Entrants will be contacted via Instagram direct messaging. If a potential winning Entrant is determined by Sponsor to be ineligible, unqualified to participate in this Promotion, in violation of these Official Rules, or does not respond to Sponsor’s correspondence within 24 hours, the potential winning Entrant may be disqualified and a new potential winning Entrant will be selected by random drawing, if time permits.
- RIGHTS GRANTED BY YOU: By entering this content (e.g., photo, video, text, etc.), You understand and agree that Myokem, anyone acting on behalf of Myokem, and Myokem’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent. Optional verbiage for Contests: By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Myokem. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Myokem from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Myokem may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
- PUBLICITY: Except where prohibited, participation in the Promotion constitutes Entrant’s consent to Sponsor’s and its agents’ use of the Entrant’s name, likeness, photograph, voice, opinions, hometown, state and any other information submitted to Sponsor by Entrant for promotional purposes, or on a winner’s list, if applicable, in any media, worldwide, without further payment or compensation.
- GENERAL CONDITIONS: Each Entry submitted (i) must be in keeping with the Sponsor’s image (as Sponsor determines in its sole discretion), (ii) may not be inappropriate, offensive, libelous or defamatory, pornographic, sexually explicit, contain nudity, unlawful or plagiarized, (iii) must not be harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way, (iv) may not violate or encourage others to violate any law, statute, ordinance or regulation, (v) may not defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or property right or any other third party right, (vi) may not contain commercial or corporate advertising, including display of corporate logos, brand names and slogans, other than those relating to Sponsor, (vii) may not include references to alcoholic beverages, tobacco, drug paraphernalia, firearms or any depiction or representation thereof and (viii) may not include any virus, worm, corrupt file, Trojan horse or other forms of corruptive code or content that may harm or compromise a web site or the proper conduct of the Promotion. Potential winning Entrants are subject to Sponsor’s verification. Sponsor’s decisions are final and binding in all matters related to the Promotion. Potential winners must comply with the Official Rules, and receipt of prizes is contingent upon fulfilling all requirements. Sponsor is not responsible for technical, hardware or software failures, malfunctions, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmissions or unforeseen schedule changes that may limit an Entrant’s ability to participate in the Promotion, even if caused by Sponsor’s negligence. Entries generated by script, macro or other automated means or with the intent to impair the integrity of the Promotion will be void. Sponsor has the sole discretion to modify, cancel or suspend this Promotion should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor’s control affect the administration, security or proper play of the Promotion or Sponsor otherwise becomes incapable of running the Promotion as planned. Sponsor is not responsible for changes to Entrant’s contact information. Any individual who attempts or otherwise encourages, directly or indirectly, the submission of false Entries, as determined by Sponsor, will be disqualified. Sponsor has the sole discretion to disqualify any Entrant who tampers with the Entry process. Sponsor has the sole discretion to disqualify Entrants who violate these Official Rules, tamper with the operation of the Promotion or engage in any conduct that is deemed detrimental or unfair to Sponsor, the Promotion or any other Entrant. Sponsor has no obligation to return any Entry, if applicable, submitted by a disqualified Entrant.
- RELEASE: As a condition of participating in the Promotion, Entrants release Instagram, the Sponsor and its respective affiliates, subsidiaries, parent corporations, advertising and promotional agencies, and all of their officers, directors, shareholders, members, employees, and agents (collectively, the “Promotion Entities”) from liability, for loss, harm, damage, injury, cost or expense whatsoever including property damage, personal injury and death that may occur in connection with, preparation for, travel to, or participation in the Promotion, or possession, acceptance or use of prizes or participation in any Promotion-related activities and claims based on publicity rights, copyright or trademark infringement, defamation or invasion of privacy and merchandise delivery.
- TERMS & CONDITIONS: Myokem reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion should virus, bug, non-authorized human intervention, fraud, or other cause beyond Myokem’s control corrupt or affect the administration, security, fairness, or proper conduct of the Promotion. In such case,Myokem may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Myokem. Myokem reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Promotion or website or violates these Terms & Conditions. Myokem has the right, in its sole discretion, to maintain the integrity of the Promotion, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Promotion rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Promotion may be a violation of criminal and civil laws. Should such attempt be made, Myokem reserves the right to seek damages to the fullest extent permitted by law.
- LIMITATION OF LIABILITY: By entering, You agree to release and hold harmless Myokem and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Promotion and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
- DISPUTES: THIS Promotion IS GOVERNED BY THE LAWS OF the USA AND Pennsylvania, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Promotion, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Pennsylvania having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Promotion). Participant further waives all rights to have damages multiplied or increased.
- WINNERS LIST: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Myokem 455 American Bangor Road Bangor, PA 18013.
18. SPONSOR: The Sponsor of the Campaign is Myokem 455 American Bangor Road Bangor, PA 18013.
19. FACEBOOK & INSTAGRAM: The Campaign hosted by Myokem is in no way sponsored, endorsed, administered by, or associated with Facebook or Instagram.