A Month of Cinema Giveaway – FEVER Instagram Giveaway – November 2023
A Month of Cinema Giveaway – FEVER
Instagram Giveaway – November 2023
Specific Terms and Conditions
Giveaway Period The Giveaway will begin at 1:30 PM EST on 11/17/2023 and end at 23:30 PM EST
on 11/20/2023
Participation
You can enter the Giveaway by
You can enter the Giveaway by
- (i) following @secret_nyc (“Fever’s Instagram Account”) and its new
Broadcast Channel. - (ii) liking the post or publication made by Fever’s Instagram Account through
which Fever communicates the Giveaway (“Promotion post”) - (iii) commenting on the Instagram post or publication, and tagging a friend’s
account. - Each Participant may enter the Giveaway as many times as they like,
however, for each new entry to be valid you must tag a different person each
time.
Winner Selection Within one business day following the end of the Giveaway period, Fever will select One (1) Winner
Prize.
The prize(s) will consist of a voucher valid for two (2) tickets to four (4) different movies (“Prize”). The Prize has an approximate retail value (ARV) of ninety dollars ($90).
The prize(s) will consist of a voucher valid for two (2) tickets to four (4) different movies (“Prize”). The Prize has an approximate retail value (ARV) of ninety dollars ($90).
Notification
The Winner(s) will be announced on the 11/21/2023 following the end of the Giveaway Period by direct message on Instagram.
General Terms and Conditions
PURCHASE IS NOT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF
WINNING. BY ENTERING, YOU AGREE TO THESE TERMS AND CONDITIONS, SPECIFIC AND GENERAL, 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. Fever Labs Inc. (hereinafter, “Fever”), with offices at of 379 W Broadway, Suite 344 New York, NY 10012, US is
the sponsor and manager of this Giveaway that is to be administered in accordance with these Terms and Conditions
(“Terms”).
the sponsor and manager of this Giveaway that is to be administered in accordance with these Terms and Conditions
(“Terms”).
Acceptance of the Terms. By participating in this Giveaway, (A) each participant (each one, “you” “your” or a
“Participant“) agrees to be bound by these Terms and all applicable federal, state, and local laws, ordinances and
regulations, as well as by the decisions Fever makes regarding this Giveaway in accordance with the foregoing, (B) you
agree to release Fever and its administrators, partners and employees from any liability, loss or damage resulting from
your participation in this Giveaway or with respect to the adjudication, receipt, possession, use and/or misuse of any of
“Participant“) agrees to be bound by these Terms and all applicable federal, state, and local laws, ordinances and
regulations, as well as by the decisions Fever makes regarding this Giveaway in accordance with the foregoing, (B) you
agree to release Fever and its administrators, partners and employees from any liability, loss or damage resulting from
your participation in this Giveaway 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) or older}
Fever may exclude you from participation if you are suspected to be engaging in or have engaged in abusive or
fraudulent practices. Fever reserves the right to cancel, suspend and/or modify any aspect of the Giveaway, if any fraud,
technical failures or any other factor beyond Fever’s reasonable control impairs the integrity or proper functioning of
the Giveaway , as determined by Fever in its sole discretion. Fever shall communicate any such change to Participants
at least through the original publication of the Giveaway , itself. Fever’s failure to enforce any provision of these Terms
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.
Participation in this Giveaway is completely free and does not entail or require any payment or consideration by
Fever may exclude you from participation if you are suspected to be engaging in or have engaged in abusive or
fraudulent practices. Fever reserves the right to cancel, suspend and/or modify any aspect of the Giveaway, if any fraud,
technical failures or any other factor beyond Fever’s reasonable control impairs the integrity or proper functioning of
the Giveaway , as determined by Fever in its sole discretion. Fever shall communicate any such change to Participants
at least through the original publication of the Giveaway , itself. Fever’s failure to enforce any provision of these Terms
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.
Participation in this Giveaway 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 the State described in the Specific Terms
and Conditions and be at least eighteen (18) years old on the date of entry to the Giveaway . The following persons
may not be Participants or enjoy any Prize (either directly, or indirectly as a companion): Fever and/or its employees,
agents, freelancers, contractors (and those of any Giveaway partners, associated companies or Prize providers) and
their immediate family members or households (whether related or not), and anyone else professionally involved with
the Giveaway , and these persons shall be excluded from entering and from winning the Giveaway.
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 the State described in the Specific Terms
and Conditions and be at least eighteen (18) years old on the date of entry to the Giveaway . The following persons
may not be Participants or enjoy any Prize (either directly, or indirectly as a companion): Fever and/or its employees,
agents, freelancers, contractors (and those of any Giveaway partners, associated companies or Prize providers) and
their immediate family members or households (whether related or not), and anyone else professionally involved with
the Giveaway , and these persons shall be excluded from entering and from winning the Giveaway.
Winner Selection. Fever will select the winner (“Winner”) in a random drawing from among the Participants who
have entered the Giveaway in accordance with these Terms. Fever will notify the/each Winner in accordance with these
Terms, and (after validating Winner’s compliance with the requirements in these Terms) will contact the Winner to
finalize the Prize. If the winner is at least eighteen (18) years old but still considered a minor in his/her jurisdiction of
residence, Fever reserves the right to award the prize in the name of his/her parent or legal guardian who will be
responsible for fulfilling all requirements imposed on the winner set forth herein.
If a Winner does not accept the Prize in accordance with these Terms, the Prize will be deemed to be unclaimed, and
the Prize will be assigned to an alternate to be randomly drawn from the remaining valid entries, under the same
conditions noted in these Terms (the “Alternate”). In this case, the Alternate will have the same time period of two (2)
calendar days following notification in which to claim the Prize. In the event that neither a Winner nor the Alternate
accept a Prize in accordance with the Terms, the Prize will not be awarded, and Fever will announce this through the
same communication channels used to promote this draw. If the Fever cannot contact the winning Participants in
order to deliver the Prize because the information provided is not true and accurate it will not be responsible for any
failure to deliver the Prize.
have entered the Giveaway in accordance with these Terms. Fever will notify the/each Winner in accordance with these
Terms, and (after validating Winner’s compliance with the requirements in these Terms) will contact the Winner to
finalize the Prize. If the winner is at least eighteen (18) years old but still considered a minor in his/her jurisdiction of
residence, Fever reserves the right to award the prize in the name of his/her parent or legal guardian who will be
responsible for fulfilling all requirements imposed on the winner set forth herein.
If a Winner does not accept the Prize in accordance with these Terms, the Prize will be deemed to be unclaimed, and
the Prize will be assigned to an alternate to be randomly drawn from the remaining valid entries, under the same
conditions noted in these Terms (the “Alternate”). In this case, the Alternate will have the same time period of two (2)
calendar days following notification in which to claim the Prize. In the event that neither a Winner nor the Alternate
accept a Prize in accordance with the Terms, the Prize will not be awarded, and Fever will announce this through the
same communication channels used to promote this draw. If the Fever cannot contact the winning Participants in
order to deliver the Prize because the information provided is not true and accurate it will not be responsible for any
failure to deliver the Prize.
Prize. Upon notification by Fever, the Winner shall have two (2) business days to claim the Prize, by confirming their
relevant contact details with Fever, in order to facilitate Prize delivery, otherwise the Prize shall be forfeited. Once the
Prize has been delivered, the Winners shall be solely responsible for the use and redemption of the Prize in a purchase
on Fever’s website. If a Winner rejects the Prize or in the event of any noncompliance with these Giveaway 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.
relevant contact details with Fever, in order to facilitate Prize delivery, otherwise the Prize shall be forfeited. Once the
Prize has been delivered, the Winners shall be solely responsible for the use and redemption of the Prize in a purchase
on Fever’s website. If a Winner rejects the Prize or in the event of any noncompliance with these Giveaway 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.
Limit of one prize per person or household. Use of the Prize is subject to availability and to the Terms of Use and
Vouchers T&Cs available on Fever’s website. 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 reserves the right to unilaterally substitute any element of the Prize for another of equal or
greater value. All federal, state and local 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.
Vouchers T&Cs available on Fever’s website. 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 reserves the right to unilaterally substitute any element of the Prize for another of equal or
greater value. All federal, state and local 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.
Communications 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 that may be removed by <<Facebook or Instagram>>. Fever reserves the right to remove
such content and / or to inform the competent authorities of any content that appears in breach of Instagram’s published standards or applicable law, in its opinion. Any Participant that is found to breach this term shall have their
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 that may be removed by <<Facebook or Instagram>>. Fever reserves the right to remove
such content and / or to inform the competent authorities of any content that appears in breach of Instagram’s published standards or applicable law, in its opinion. Any Participant that is found to breach this term 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, photograph, testimonial or other likeness and/or prize information or personal
exposition, and Fever may refer to your association with the Giveaway (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.
geographical area of residence, photograph, testimonial or other likeness and/or prize information or personal
exposition, and Fever may refer to your association with the Giveaway (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 its 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 Giveaway , or possession, acceptance and/or use or misuse of prize or
participation in any Giveaway -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 GIVEAWAY. 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 GIVEAWAY 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.
hold harmless Fever and its 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 Giveaway , or possession, acceptance and/or use or misuse of prize or
participation in any Giveaway -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 GIVEAWAY. 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 GIVEAWAY 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.
Acceptance and publication of the rules. Participation in this Promotion implies full acceptance of these Terms. Any
statement to the contrary by the Participant will result in their disqualification from the Promotion and Fever will,
therefore, be released from the fulfillment of the obligations contracted with said Participant under these Terms
statement to the contrary by the Participant will result in their disqualification from the Promotion and Fever will,
therefore, be released from the fulfillment of the obligations contracted with said Participant under these Terms
Choice of law. All disputes and claims arising out of or relating to the Giveaway will be governed by general rule by the
substantive laws of the State described in the Specific Terms and Conditions, 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. Subsidiary, in case of any
conflict of the substantive laws of the State of New York with the laws of the state of residence of the
Participant/Winner involved, the substantive laws of the state of residence of the Participant/Winner shall apply.
substantive laws of the State described in the Specific Terms and Conditions, 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. Subsidiary, in case of any
conflict of the substantive laws of the State of New York with the laws of the state of residence of the
Participant/Winner involved, the substantive laws of the state of residence of the Participant/Winner shall apply.
Winners List. To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to:
“Giveaway Winners List” at 379 W Broadway, Suite 344 New York, NY 10012, US.
“Giveaway Winners List” at 379 W Broadway, Suite 344 New York, NY 10012, US.
Use of Data. The personal data provided by each Participant in the framework of the Sweepstakes will be processed
by Fever Labs Inc., with registered offices at 76 Greene St, 4th Fl New York, NY 10012, as part of the Fever Group
(“Fever”) for the purpose of managing your participation in the Sweepstakes, and if applicable, managing the delivery
of the Prize, as well as subsequently sending you commercial communications, including by electronic means about
new products or services, events and/or promotions that we organize.
The personal data provided by the Participants during the term of the Sweepstakes will be processed in accordance
with the provisions of (i) the California Consumer Privacy Act (California Civil Code s1789.199); (ii) the California Privacy
Rights Act of 2020 (“CPRA”) and other applicable laws of the State of California and of the United States of America; (iii)
as applicable, the General Data Protection Regulation (Regulation (EU) 2015/679) (“GDPR”); and (iv) any other
applicable privacy law or data protection regulation in a jurisdiction in which these terms operate, as each may be
amended from time to time, and those definitions shall be applicable.
Fever reserves the right to request a copy of the document proving the identity of the Participants (national identity
card and/or passport), in order to:
by Fever Labs Inc., with registered offices at 76 Greene St, 4th Fl New York, NY 10012, as part of the Fever Group
(“Fever”) for the purpose of managing your participation in the Sweepstakes, and if applicable, managing the delivery
of the Prize, as well as subsequently sending you commercial communications, including by electronic means about
new products or services, events and/or promotions that we organize.
The personal data provided by the Participants during the term of the Sweepstakes will be processed in accordance
with the provisions of (i) the California Consumer Privacy Act (California Civil Code s1789.199); (ii) the California Privacy
Rights Act of 2020 (“CPRA”) and other applicable laws of the State of California and of the United States of America; (iii)
as applicable, the General Data Protection Regulation (Regulation (EU) 2015/679) (“GDPR”); and (iv) any other
applicable privacy law or data protection regulation in a jurisdiction in which these terms operate, as each may be
amended from time to time, and those definitions shall be applicable.
Fever reserves the right to request a copy of the document proving the identity of the Participants (national identity
card and/or passport), in order to:
- verifying that they comply with the Terms and Conditions; and
- deliver the corresponding Prize to the winner.
Likewise, and for the purpose of delivering the Prize to the winner, Fever reserves the right to require such
documentation as it deems appropriate for the purpose of verifying the identity of the winner, having the right to refuse the delivery of the Prize in the event that they do not comply with the participation requirements or any other
documentation as it deems appropriate for the purpose of verifying the identity of the winner, having the right to refuse the delivery of the Prize in the event that they do not comply with the participation requirements or any other
clause of these Terms and Conditions.
In accordance with applicable data protection laws and regulations, Participants may, at any time, exercise their rights
of access, rectification, deletion, limitation of processing, opposition to processing, including the sending of
commercial communications by electronic means, and where appropriate, to the portability of their data by sending
an email to DPO@feverup.com. You also have the right to file a complaint with the competent supervisory authority
on data protection.
In accordance with applicable data protection laws and regulations, Participants may, at any time, exercise their rights
of access, rectification, deletion, limitation of processing, opposition to processing, including the sending of
commercial communications by electronic means, and where appropriate, to the portability of their data by sending
an email to DPO@feverup.com. You also have the right to file a complaint with the competent supervisory authority
on data protection.
For more information about the processing of personal data of its registered users by Fever, please consult the Privacy
Policy available here.
Policy available here.