Spongebob Sweepstakes - Jan. 21, 2020
(SpongeBob x rue21 Sweepstakes)
Sponsor: Viacom Media Networks, a division of Viacom International Inc., 1515 Broadway, New York, NY 10036.
1. NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID IN PUERTO RICO, WHERE PROHIBITED OR RESTRICTED BY LAW, AND OUTSIDE THE UNITED STATES. MANY WILL ENTER, FEW WILL WIN.
2. Entry Period: : The “SpongeBob x rue21 Sweepstakes” (the “Sweepstakes”) entry period shall commence at 09:00:00 a.m. Eastern Time (“ET”) on January 21, 2020 and shall end at 11:59:59 p.m. ET on January 22, 2020 (the “Sweepstakes Period”). Sponsor’s computer is the official time-keeping device for this Sweepstakes. All entries must be received by 11:59:59 p.m. ET on January 21, 2020. The odds of winning depend on the total number of Eligible Entries (hereinafter defined) received during the Sweepstakes Period.
3. Eligibility: The Sweepstakes is open to individuals who: (i) are a legal resident of one (1) of the fifty (50) United States or the District of Columbia, (ii) are at least eighteen (18) years old or the age of majority in the jurisdiction in which you reside (nineteen  years old in Alabama and Nebraska, twenty-one  years old in Mississippi) at the time of entry, and (iii) have a valid Instagram account at time of entry (Note: You will need to create an Instagram account if you don’t already have one. Membership on Instagram is free, and registration can be obtained by logging on to https://www.instagram.com/ [“Instagram Web Site”] and following the onscreen instructions to open an account.) (each a “Participant”, collectively the “Participants”).
Employees and their immediate families (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings) of Viacom Media Networks, a division of Viacom International Inc. (“Sponsor”), Instagram, LLC (“Instagram”), New rue21 LLC (“Rue 21”), all prize providers and each of their respective affiliated parents, companies, sponsors, subsidiaries, advertising agencies and third party fulfillment agencies (collectively, the “Sweepstakes Entities”) and each of their respective officers, directors, licensors, employees, representatives and agents, and members of their immediate families (parents, step parents, children, step children, siblings, step siblings, spouses, regardless of where they reside) and members of their households (whether related or not) and those individuals who have won a prize in any Sponsor-related sweepstakes and/or contest in the twelve (12) months prior to the start of the Sweepstakes Period are ineligible to participate in this Sweepstakes. Eligibility will be determined by Sponsor in its sole discretion. By participating in this Sweepstakes, Participants: (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by the Sponsor, and by the decisions of the Sponsor, which are final in all matters relating to this Sweepstakes; (b) release and hold harmless Sweepstakes Entities and their respective agents, employees, officers, directors, successors and assigns, against any and all claims, injury or damage arising out of or relating to participation in this Sweepstakes and/or use or misuse or redemption of the Prize (as defined below); and (c) acknowledge compliance with these Official Rules.
4. To Enter: During the Sweepstakes Period, go to both https://www.instagram.com/nickelodeonstyle and https://www.instagram.com/rue21 from your Instagram account and follow the Nickelodeon Style (@NickelodeonStyle) and Rue 21 (@rue21) Instagram accounts. Go to @NickelodeonStyle or @rue21, find and “like” the initial post announcing the Sweepstakes, and, in the comment section, tag one (1) friend on Instagram (you must personally know the person you’re tagging) and include the designated hashtag #NickStylexRue21Sweepstakes. BY LIKING THE INITIAL POST ANNOUNCING THE SWEEPSTAKES, TAGGING ONE (1) FRIEND WHOM YOU PERSONALLY KNOW IN THE COMMENT SECTION ALONG WITH THE ACCOMPANYING HASHTAG #NICKSTYLEXRUE21SWEEPSTAKES DURING THE SWEEPSTAKES PERIOD, YOU AGREE TO THESE OFFICIAL RULES. You are required to follow both Instagram accounts used for entry (@NickelodeonStyle and @rue21) so you can see the Prize winner announcement to see if you’ve won (pending verification), in addition to the winner notification described in Section 5 below. Please note that if you do not respond to the Prize winner notification described in Section 5, you will be disqualified and another Prize winner may be selected. You must “like” the post announcing the Sweepstakes and tag one (1) friend whom you personally know on Instagram in the comment section along with the designated hashtag #NickStylexRue21Sweepstakes during the Sweepstakes Period in order to obtain one (1) entry into the Sweepstakes. Limit of one (1) unique entry per person/Instagram account/household per calendar day during the Sweepstakes Period regardless of which Instagram account (either @NickelodeonStyle or @rue21) is used for entry. Each Participant must submit his/her own entry. Automated posts or posts sent via a bot will be disqualified. All entries submitted in accordance with these Official Rules shall be hereinafter referred to individually as an “Eligible Entry” and collectively as the “Eligible Entries”. In the event of a dispute over who submitted a winning online entry, the authorized subscriber of the Instagram account, as applicable, used to participate in the Sweepstakes at the actual time of entry will be deemed to be the Participant. The authorized account subscriber is defined as the natural person who is assigned an Instagram account by Instagram. The Potential Winner (as defined below) may be required to show proof of being the authorized account holder to the Sponsor or forfeit the Prize. Multiple Participants are not permitted to share the same Instagram account. All entries become the property of Sponsor and will not be acknowledged or returned. All entries must comply with Instagram’s Terms of Service and rules available at the Instagram Web Site. Entries must not include personal information or profane or obscene language as solely determined by Sponsor. Any attempt to obtain entries in excess of the limit on entries as set forth in these Official Rules, including by using or creating multiple Instagram accounts; by using multiple and/or different identities, forms, or registrations; or by any other methods, will void all of the relevant Participant’s entries, and that Participant may be disqualified at Sponsor’s discretion. Important note: If your Instagram account is set to “protected mode,” your updates/responses may not be visible in the @NickelodeonStyle or @rue21 inboxes and may not be received by Sponsor unless you previously consented to permit Sponsor to see the Instagram updates. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply.
If you opt to use Instagram via your wireless mobile device (which may only be available via participating wireless carriers and is not required to enter the Sweepstakes), standard text messaging and/or data rates may apply for each message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes. Participation in this Sweepstakes by mobile device means that you understand that you may receive additional messages by mobile device relating to this Sweepstakes, including notifying you if you are a Prize winner, which may be subject to charges pursuant to your carrier's rate plan. Mobile device service may not be available in all areas. Check your phone’s capabilities for specific instructions.
5. Prize Winners Selection/ Notification: Two (2) Prize winners (each a “Potential Winner”, collectively the “Potential Winners”) will be randomly selected on or around January 23, 2020, by Sponsor from the Eligible Entries received during the Sweepstakes Period. Sponsor will make one (1) attempt on or around January 23, 2020, to contact the Potential Winners. If a Potential Winner does not respond within two (2) days of being contacted, such Potential Winner will be disqualified and an alternate Potential Winner will be selected through a random drawing from among the remaining Eligible Entries received. This process will be repeated until a Potential Winner responds, if time permits. Sponsor reserves the right to not award the Prize if Sponsor is unable to successfully contact and confirm the eligibility of a Potential Winner after three (3) alternate drawings.
6. Prize Winner, Verification: In order for a Potential Winner to be deemed an official winner of the Sweepstakes (each a “Winner”, collectively the “Winners”), he/she must prove eligibility, including, without limitation, proof of age and residence, within forty-eight (48) hours of being notified as a Potential Winner. In the event of non-compliance by the Potential Winner, such Potential Winner shall be disqualified and all privileges otherwise due as the Potential Winner shall be terminated and an alternative Potential Winner will be chosen through a random drawing from among the remaining Eligible Entries received during the Sweepstakes Period. Only three (3) alternate drawings will be held, after which any remaining prizes will remain un-awarded. The Potential Winner must sign within forty-eight (48) hours of receipt of the following documents from Sponsor: (a) an affidavit of eligibility and release of Sweepstakes Entities and its respective officers, directors, employees, agents and members (“Releasees”), from any and all liability, loss, claims, demands, and causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with this Sweepstakes or the use/misuse or acceptance of a Prize, as applicable, or any portion thereof to be eligible for a Prize; (b) except where prohibited by law, a publicity release granting Sweepstakes Entities the right to use a Potential Winner’s name, Instagram username and likeness for advertising and publicity purposes without additional compensation; and, (c) any other documentation required by Sponsor, including a W9 tax form and Potential Winner’s social security number for tax purposes (collectively, the “Releases”). Entry into this Sweepstakes constitutes agreement to sign such Releases. Each Potential Winner must also acknowledge that Sponsor has not and will not obtain or provide insurance of any kind relating to the Prize and that such Potential Winner will be responsible for obtaining and paying for any life, travel, accident, property or other form of insurance relating to the Prize, if applicable. Each Potential Winner must also complete any additional legal documents provided by Sponsor (or third party on its behalf, if applicable) with respect to the Prize and return them as instructed within the time frame specified by Sponsor or such Potential Winner may forfeit the Prize at Sponsor’s sole discretion. Failure to return all such documents and comply with the aforementioned deadline, noncompliance with these Official Rules or the return of any Prize or Prize notification will result in disqualification and selection of an alternate Potential Winner. All decisions of the Sponsor relating to the Sweepstakes are final. Sponsor expressly reserves the right to delay the announcement of the Winners for creative or technical reasons or for any other reason Sponsor deems necessary.
7. Prizes (2): Two (2) prizes (each a “Prize”, collectively the “Prizes”) are available to be awarded in this Sweepstakes. Each Prize shall consist of a rue21 / “SpongeBob SquarePants” prize pack provided by rue21 and composed of the following items: (i) fourteen (14) individual pieces of apparel from the SpongeBob at rue21 collection (as determined by Sponsor and rue21 and in consultation with Winners solely with respect to sizing); (ii) one (1) SpongeBob Imagination Meme Toy Figure; (iii) one (1) Surprised Patrick Meme Toy Figure; (iv) one (1) SpongeBob “SpongeGar” Meme Toy Figure; and (v) one (1) Handsome Squidward Meme Toy Figure. The total approximate retail value (“ARV”) of each Prize is $438.00; the total ARV for all Prizes in the Sweepstakes is $876.00.
8. General Prize Terms: Sweepstakes Entities are not responsible for any mechanical difficulties or failure connected with the Prize, or any act or omission whatsoever. No transfer, substitution, or cash equivalent for the Prize is allowed except at Sponsor’s sole discretion. Sponsor reserves the right in its sole and absolute discretion, to substitute the Prize or any Prize component with a prize of equal or greater value if a Prize component cannot be awarded as described for any reason. The Prize is non-transferable and may not be given, bartered, substituted, sold, or exchanged for cash or another prize. Unused components of the Prize have no redeemable cash value. Any difference between the ARV and the actual value, if any, of any Prize component will not be awarded. In the event that a Potential Winner chooses not to accept his/her Prize, or is unable to be notified, an alternate Potential Winner will be randomly selected from all of the remaining Eligible Entries received during the Sweepstakes Period, if time permits. Sponsor reserves the right to not award the Prize if Sponsor is unable to successfully contact and confirm the eligibility of a Potential Winner after three (3) alternate drawings.
9. General Terms: Receipt of a Prize in this Sweepstakes is conditioned upon compliance with any and all applicable federal, state and local laws, rules, and regulations. Noncompliance with any of these Official Rules may result in disqualification. ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER OR ANY BEHAVIOR BY A WINNER THAT WILL BRING SUCH WINNER OR SWEEPSTAKES ENTITIES INTO DISREPUTE (IN SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS A WINNER, AS APPLICABLE, WILL BE IMMEDIATELY TERMINATED. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means will be disqualified. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor's sole and absolute discretion. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. If, for any reason, the Sweepstakes is not capable of running as planned, including, without limitation, unauthorized intervention, fraud, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. Should the Sweepstakes be terminated prior to the stated expiration date, a Prize may be awarded to a Winner to be selected from among all Eligible Entries received up until and or after (if applicable) the time of modification, cancellation or termination or in a manner that is fair and equitable as determined by Sponsor. All interpretations of these Official Rules and decisions by Sponsor are final. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE SWEEPSTAKES AND THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THE SWEEPSTAKES. EACH PARTICIPANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS. Participants agree to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes, to release all rights to bring any claim, action or proceeding against Sweepstakes Entities, and hereby acknowledge that Sweepstakes Entities have neither made nor is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. Release and Limitations of Liability: By participating in this Sweepstakes, each Participant agrees (and agrees to affirm in writing) that the Sweepstakes Entities and their respective employees, officers, directors, agents, contractors, members, and representatives (the “Released Parties”) are not responsible for: (i) any incorrect or inaccurate information, whether caused by Participants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (iii) unauthorized human intervention in any part of the entry process or the Sweepstakes; (iv) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Participant’s participation in the Sweepstakes or receipt or use or misuse of a Prize. No more than the stated number of prizes will be awarded.
BY PARTICIPATING IN THIS SWEEPSTAKES, EACH PARTICIPANT AGREES THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY PARTICIPANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, ACCESS TO AND USE OF ANY INTERNET SITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THE PRIZE CANNOT BE AWARDED DUE TO ACTS OF GOD, ACTS OF WAR OR TERRORISM, NATURAL DISASTERS OR WEATHER EVENTS.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING ALL PRIZE COMPONENETS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
11. Publicity: EXCEPT WHERE PROHIBITED BY LAW, EACH WINNER GRANTS TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), ITS PARENT, SUBSIDIARIES, AFFILIATES, AGENTS (INCLUDING ADVERTISING AND PROMOTION AGENCIES), CONTRACTORS, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, SUCH WINNER’S NAME, INSTAGRAM USERNAMES, PORTRAIT, PICTURE, VOICE, LIKENESS, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME OR INSTAGRAM USERNAMES ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. PARTICIPANTS AGREE THAT SPONSOR SHALL OWN THE ENTRIES, WHICH WILL NOT BE ACKNOWLEDGED OR RETURNED, AND THAT SPONSOR AND ITS DESIGNEES SHALL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT, PUBLISH, AND USE THE ENTRIES IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING, PROMOTIONAL, AND/OR OTHER PURPOSES AS SPONSOR AND/OR ITS DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO PARTICIPANTS OR ANY THIRD PARTY.
12. Governing Law/ Jurisdiction: THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE SWEEPSTAKES AND THE LAWS OF THE STATE OF NEW YORK (AS DISTINGUISHED FROM THE CHOICE OF LAW RULES) SHALL GOVERN THE SWEEPSTAKES. EACH PARTICIPANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS. Except where prohibited, as a condition of participating in this Sweepstakes, each Participant agrees that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, the Prize awarded, or the determination of the Winner shall be resolved individually, without resort to any form of class action. Each Participant further agrees that in any cause of action, the Sweepstakes Entities’ entire liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Sweepstakes Entities be liable for attorneys' fees and/or experts' fees and costs. Each Participant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages and participant further waives all rights to have damages multiplied or increased.
14. Request for Names of Prize Winners and Official Rules or General Inquiries: For general inquiries regarding the Sweepstakes, the name of the Winners and/or a copy of the Official Rules, send a self-addressed stamped envelope by March 23, 2020 to: “SpongeBob x rue21 Sweepstakes” c/o Nickelodeon, 1515 Broadway, Space 42-52A, New York, NY 10036. Please note on the front left-hand corner of your outer envelope whether you are requesting “Official Rules” or the name of the “Winners”.
15. Sponsor: Sweepstakes is sponsored solely by Viacom Media Networks, a division of Viacom International Inc., 1515 Broadway, New York, NY 10036. While Instagram’s terms and conditions apply to Instagram use, neither Instagram nor Rue 21 are a sponsor of the Sweepstakes, nor are Instagram or Rue 21 in any way responsible for the administration of the Sweepstakes or the verification of winners. All inquiries regarding the Sweepstakes should be directed to Viacom Media Networks, not to Instagram or Rue 21.
©2020 Viacom International Inc. All Rights Reserved. Nickelodeon, SpongeBob SquarePants and all related titles, logos and characters are trademarks of Viacom International Inc. Created by Stephen Hillenburg.