Instagram Sweepstakes Official Rules
Digital Promotions Rules
General Rules: These rules apply generally to CLASPP Instagram sweepstakes promotions (“Promotion”) sponsored by CLASPP – Creative Gizmos LLC (“Sponsor”), and which are conducted in the United States and have an aggregate prize value of under $250.00. These rules are for sweepstakes Promotions only, and only on Instagram. Contests and promotions that do not fit the above-referenced criteria will have new terms and conditions accessible from the entry page. In addition, some special terms and changes not noted in these rules may be listed on the specific Instagram post (Specific Instagram Post), or in advertising.
Promotion Dates: All Specific Instagram Posts shall include an “end” date, listed on any sites advertising the Promotion, and on the Specific Instagram Post. All entries must be received by the end date and time to be eligible to win. The end time, unless otherwise noted in the Specific Instagram Post, will always be 11:59PM, California time (regardless of Daylight Savings Time), according to Sponsor’s internal time clock. Mailed entries are not accepted. The sponsor is not responsible for any misdirected, garbled, incorrect, or otherwise late entries.
Sponsor: All Promotions are sponsored by CLASPP – Creative Gizmos LLC, 20830 Stevens Creek Blvd., #1036 Cupertino CA 95014. Additional Promotion Sponsors may be listed in the Specific Instagram Post and shall be considered “Sponsors” for the purposes of that Promotion and these Official Rules.
Odds: The odds of winning depend upon the number of entries received.
Eligibility: Unless otherwise noted in the Cover Sheet, Promotions are open to persons over the age of 18 who are current U.S. residents living in the 50 U.S. States, and excluding Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, and all other U.S. territories and possessions and where restricted or prohibited by law. Please note that if the prize listed does not clearly state transportation is included, and/or constitutes an event, tickets, or requires any winner to be in the Cupertino area, transportation is never provided. Entrants must have access to the Internet. Employees of Sponsor its advertising and promotion agencies, and any other entities participating in the design, promotion, marketing, administration or fulfillment of any Promotion, as well as each parent corporation, subsidiary and affiliated company and their immediate families (defined as spouse, mother, father, sisters, brothers, sons, daughters, uncles, aunts, nephews, nieces, grandparents and in-laws, regardless of where they live) and members of their households (whether or not related), are ineligible to participate in any CLASPP – Creative Gizmos LLC Promotion.
How to Enter: To enter, follow the instructions listed in the Specific Instagram Post, which may include tagging friends in the comments section and following a specific entity, such as “@clasppcase”. Only the entry method specified in the Specific Instagram Post is allowed. All other entries will be disregarded. Unless otherwise noted on the Specific Instagram Post, only one entry per natural person per Promotion.
Prizes: Prize information will be available on the Specific Instagram Post and in corresponding advertising. The Average Retail Value of any prize (“ARV”) will be listed. Any Entrant selected as a winner (“Selected Entrant”) shall not be entitled to any price differential between the actual retail value of any prize and the ARV listed. Other prize information, including the number of prizes, ARV for all prizes, total ARV in a single Promotion, and delivery methods for prizes shall be disclosed on the Specific Instagram Post site and/or on any corresponding advertising.
Prize Notification: You will be notified by direct message. Please configure your Instagram features to receive direct messages. Except where prohibited, Selected Entrant may be required to execute a Declaration of Eligibility, a Liability Release a Publicity Release, a W-9 form, and a Tax Acceptance Form (“Declaration/Release”). Selected Entrants may be required to show proof of their age before being awarded a prize. Selected Entrants forfeit the prize if they do not respond to the prize notification within the specified time period listed in the direct message. PLEASE NOTE THAT MANY PRIZES ARE TIME-SENSITIVE AND REQUIRE FAST RESPONSE TIMES. Any documents supplied to Selected Entrant must be signed and returned by the date and/or time indicated within such documents, except where prohibited. If a Selected Entrant fails to sign and return such documents within that time, or if an Entrant is found to be ineligible, or if an Entrant does not comply with the Official Rules, then that Selected Entrant may be disqualified and an alternate Entrant may be selected. Given the time sensitive nature of some prizes, Selected Entrant may have fewer than 24 hours to respond to prize notification.
Prize Conditions: Winning a prize may be considered a taxable event. Taxes, if any, are the sole responsibility of Selected Entrants, and Selected Entrants who are U.S. residents may be issued an IRS Form 1099 for the ARV of any awarded prize. Winner waives the right to assert as a cost of winning a prize any and all costs of verification and redemption to redeem said prize and any liability which might arise from redeeming or seeking to redeem said prize. All federal, state, or other tax liabilities (including income taxes) arising from any winnings will be the sole responsibility of each winner who accepts a prize. Except where prohibited by law, the winner’s entry and acceptance of the prize constitutes permission for Sponsor and/or any related or affiliated companies (collectively “Promotion Entities”) to use said winner’s name on air, and in some cases, his or her photograph, likeness, statements, biographical information, voice, and city and state address for promotional or advertising purposes in connection with Sponsor generally. All entries are subject to verification prior to awarding of prizes. Eligibility, age, and claims made by the Selected Entrant also are subject to verification prior to awarding of prizes.
Promotion Conditions: This Promotion is subject to all applicable federal, state and local laws of the United States. By participating, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of the Sponsor and waive any right to claim ambiguity in the Promotion or these Official Rules. Winner and Entrants also agree to release, discharge, indemnify and hold harmless the Sponsor(s) and each of the respective officers, directors, employees, representatives and agents 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) redemption, acceptance, possession, ownership, misuse or use of any prize or participation in any Promotion-related activity or participation in this Promotion, or (ii) printing, distribution or production errors. Sponsor or its affiliates may rescind any promotion found to contain such errors without liability at its sole discretion. Sponsor makes no warranty, representation, or guarantee, express or implied, in fact or in law, relative to the use of any prize, including, without limitation, quality, merchantability or fitness for a particular purpose (unless sponsor provides the prize winner with written warranties). Further, no responsibilities are accepted for any additional expenses, omissions, delays or acts of any government or authority. Void Where Prohibited.
Restrictions: The prize package consists of only those items specifically described as part of the prize on the Specific Instagram Post site or by the Host. Sponsor may at Sponsor’s sole and absolute discretion provide different prizes of equal or greater value. Sponsor shall not be liable to any winner or any person claiming through such winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), pandemics or pandemic emergencies, regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, 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, cancellation or postponement of any concert or other event, or any other cause beyond Sponsor’s sole control.
Limitations of Liability: Neither Promotion Entities nor Sponsor are responsible for: (1) lost, late, misdirected, undeliverable or incomplete entries due to system errors or failures, or faulty transmissions or other telecommunications malfunctions and/or entries; (2) technical failures of any kinds; (3) failures of any of the equipment or programming associated with or utilized in the Promotion; (4) unauthorized human and/or mechanical intervention in any part of the entry process or the Promotion; (5) technical or human error which may occur in the administration of the Promotion or the processing of entries; (6) misprints or typographical errors related to these rules or any Specific Instagram Post the corresponding Promotion; or (7) 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 Promotion or receipt or use of any prize. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Promotion, and only if the Promotion has not ended. Sponsor may prohibit an Entrant from participating in the Promotion or winning a prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Entrants or Sponsor’s representatives. If for any reason any Specific Instagram Post is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Specific Instagram Post, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend all or any part of the Promotion and to select a potential winner from among all eligible entries received by Sponsor up until the time of such cancellation, termination, modification or suspension, as applicable. Caution: any attempt by an Entrant to deliberately damage the website or undermine the legitimate operation of the promotion may be in violation of criminal and civil laws and should such an attempt be made, sponsor reserves the right to seek civil and/or criminal prosecution and damages (including attorneys’ fees) from any such Entrant to the fullest extent of the law.
Jury Trial Waiver: Except as prohibited by law and as a condition of participating in this Promotion, Entrant hereby waives any right he/she may have to a trial by jury in respect of any litigation directly or indirectly arising out of, under or in connection with this promotion, any document or agreement entered into in connection herewith and any of the transactions contemplated hereby or thereby.
Rules and Winners List: For a copy of the specific terms, log onto the Specific Instagram Post page prior to the end of the promotion; for a copy of these official rules, log on to claspp.com/pages/instagram-sweepstakes-official-rules. send an email within 90 days to firstname.lastname@example.org with the words WINNERS LIST in the subject line and a link to the Specific Instagram Post.