2021 Westfield Oculus Giftcard Sweepstakes
2021 Westfield Oculus Giftcard Sweepstakes
New York, New Jersey & Connecticut Instagram Giveaway
Terms and Conditions
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. BY ENTERING, YOU AGREE TO THESE TERMS AND CONDITIONS, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES
Sponsor. Westfield Property Management LLC, of 2049 Century Park East, 41st Floor, Los Angeles, CA 90067(hereinafter “Sponsor“), is the Sponsor of sweepstakes called 2021 Westfield Oculus Giftcard Sweepstakes (“Sweepstakes”) , with Fever Labs Inc. (hereinafter, “Fever”) of 379 W Broadway, Suite 344 New York, NY 10012 administering elements of the sweepstakes in accordance with these Terms and Conditions.
Acceptance of the Terms. By participating in this Sweepstakes, (A) each participant (each one, “you” “your” or a “Participant“) agrees to be bound by these Terms and all applicable laws, ordinances and regulations, as well as by the decisions Sponsor makes regarding this Sweepstakes in accordance with the foregoing, (B) you agree to release each the Sponsor and Fever and their respective administrators, partners and employees from any liability, loss or damage resulting from your participation in this Sweepstakes or with respect to the adjudication, receipt, possession, use and/or misuse of any of the Prizes awarded in accordance with these Terms, and (C) you represent that you are aged eighteen (18) years or older. Fever, on the Sponsor’s behalf, may exclude you from participation if you are suspected to be engaging in or have engaged in abusive or fraudulent practices. The Sponsor, or Fever, on the Sponsor’s behalf, reserves the right to cancel, suspend and/or modify any aspect of the Sweepstakes, if any fraud, technical failures or any other factor beyond Sponsor’s or Fever’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor, or Fever on the Sponsor’s behalf, in its sole discretion. Fever shall communicate any such changes in the Sweepstakes to Participants at least through the original publication of the Sweepstakes, itself. Fever’s failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision. Fever is not responsible for the content of any external websites that are linked or referenced within these Terms or the original Sweepstakes post, including, without limitation, any websites hosted or controlled by the Sponsor.
Sweepstakes Period. The Sweepstakes will begin at 12.00 am (EDT) on 7 October 2021 and will end at 11.59 pm (EDT) on 17 October 2021 (“Sweepstakes Period”).
Participation. To be a Participant, it will be necessary to have an Instagram account and to have an associated, true Instagram profile. You can enter the Sweepstakes by (i) liking and following @westfieldworldtradecenter, @secret_nyc (“Fever’s Instagram Account”) (ii) liking the post or publication made by Fever’s Instagram Account by which Fever shall communicate the Sweepstakes and (iii) commenting on the post or publication tagging the Instagram profile of two (2) friends that you would take along with you. You will be deemed to have formally entered into the Sweepstakes on the date and time step (iii) is completed.
You may enter as many times as you like, provided that for subsequent entries to be valid, you must two new Instagram accounts. Participation in this Sweepstakes is completely free and does not entail or require any payment or consideration by Participants. Odds of receiving a Prize shall depend on the number of entries received.
Fever is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by Fever. Fever will not be responsible for the veracity of any data provided by Participants.
Participants. Participants must be legal United States residents, residing in New York State, New Jersey or Connecticut and be at least eighteen (18) years old on the date of entry to the Sweepstakes. The following persons may not be Participants or enjoy any Prize (either directly, or indirectly as a companion): Fever, Sponsor and/or their employees, agents, freelancers, contractors (and those of any Sweepstakes partners, associated companies or Prize providers) and their immediate family members or households (whether related or not), and anyone else professionally involved with the Sweepstakes, and these persons shall be excluded from entering and from winning the Sweepstakes.
Winner Selection. On 20 October 2021 at 1.00 pm (EDT) Fever will select one (1) winner (“Winner”) in a random drawing from among the Participants who have entered the Sweepstakes in accordance with these Terms. Fever will notify the Winner in accordance with these Terms, and (after validating Winner’s compliance with the requirements in these Terms) will contact the Winner to finalise the Prize.
Prize. The prize will consist of one (1) $500 Westfield gift card (“Prize”). The Prize has an approximate retail value (ARV) of $500. Upon notification by Fever, the Winner shall have two (2) business days to claim the Prize by contacting Fever’s Instagram Account, otherwise the Prize shall be forfeited. Fever will provide the Sponsor with the Winner’s name and email address, and the Sponsor shall arrange Prize delivery to the Winner.
The prize is awarded WITHOUT WARRANTY OF ANY KIND, express or implied, without limitation. Neither sponsor nor Fever will replace any lost or stolen gift card. Other restrictions may apply. The Winner shall be solely responsible for the use and redemption of the Prize in accordance with the terms and conditions of the Sponsor. If a Winner rejects the Prize or in the event of any noncompliance with these Sweepstakes terms and conditions by a Winner, the Prize will be considered to be forfeited and an alternate Winner will be selected from all remaining eligible entries. Upon prize forfeiture, no compensation will be given.
Use of the Prize is subject to availability. The Prize does not include assistance with travel or travel costs or other expenses associated with attending the experience. There shall be no cash awarded in lieu of the Prize. The Prize is non-transferrable. Fever will not replace any lost or stolen Prize. Fever reserves the right to unilaterally substitute any element of the Prize for another of equal or greater value. All federal, state and local income taxes applicable to the Prize are solely the responsibility of the Winner, and the Winner shall ensure that they comply with any associated legal and filing requirements.
Notification. The Winner(s) will be announced on 24 October 2021 at 1.00 pm (EDT), when the winning Instagram profile will be tagged by Fever’s Instagram Account to notify the Winner. Fever may, in addition to this, notify the Winner by direct message to their Instagram profile from the Fever Instagram Account.
Participation through social networks. Instagram does not in any way sponsor, endorse or administer the Sweepstakes, nor is it associated with it. Participants exempt Instagram from any responsibility derived from the development of the Sweepstakes. You may not comment or incorporate content into the post of the Sweepstakes that is offensive, obscene, violent, denigrating, racist, discriminatory, defamatory, illegal or that incites illegal behavior, threats or insults. Offensive comments include such content that is deemed to be in breach of Instagram’s Community Guidelines, and such comments may be removed by Instagram. Fever reserves the right to remove such content and/or to inform the competent authorities of any content that, in its opinion, appears to be in breach of any of Instagram’s published standards or any applicable law. Any Participant that is found to breach this condition of participation shall have their participation in the Sweepstakes automatically made void.
Social. Acceptance of a Prize constitutes permission for Fever and/or its designees to use your name, city or geographical area of residence, social media handle, photograph, testimonial or other likeness and/or prize information or personal exposition, and Fever may refer to your association with the Sweepstakes (and/or any edited portion thereof) for promotional, advertising, PR, and/or publicity purposes in any media, now or hereafter known throughout the world in perpetuity, without compensation or notice to, or further consent of, the Winner to the extent permitted by law.
Limitation of Liability; Disclaimer of Warranties. By participating, Participants and Winners agree to release and hold harmless Fever and the Sponsor and their respective advertising and promotion agencies and its respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Sweepstakes, or possession, acceptance and/or use or misuse of prize or participation in any Sweepstakes-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery.
IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE PRIZE AND/OR THE SWEEPSTAKES. IN NO EVENT SHALL THE RELEASED ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $10. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES 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 EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Applicable law and jurisdiction. All disputes and claims arising out of or relating to the Sweepstakes will be governed by the laws of the State of New York, without regard to its conflict of laws rules, or any rules of private international law, that would lead to the application of any other laws, and you agree to the exclusive jurisdiction in the federal and state courts located in New York and waive any jurisdictional, venue or inconvenient forum objections to such courts.
Winners List. To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to: “Sweepstakes Winners List” at Fever C/O WeWork 379 W Broadway, Suite 344 New York, NY 10012.