Stranger Things Pop-Up Store Giveaway: Terms & Conditions
Netflix Stranger Things Pop-Up Store Giveaway – New York
November 2021 Secret New York Instagram Giveaway
Sweepstakes 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. Netflix of 100 Winchester Circle Los Gatos, CA 95032 (hereinafter “Sponsor“), is the Sponsor of sweepstakes called November 2021 Secret New York Instagram Giveaway (“Sweepstakes”) , with Fever Labs Inc. (hereinafter, “Manager”) 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 Sponsor and Manager 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 Conditions, and (C) you represent that you are aged eighteen (18) or older. Manager may exclude you from participation if you are suspected to be engaging in or have engaged in abusive or fraudulent practices. The Sponsor 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 reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Manager shall communicate any such changes in the Sweepstakes to Participants at least through the original publication of the Sweepstakes, itself. Manager’s failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision. Manager 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 Periods. The Sweepstakes will begin at 2:00 PM[(EST)/GMT-(5/4)]on the 4th of November 2021 and end at 11:59 AM (EST)/GMT-(5/4)] on the 5th of November 2021 .
Participation. To enter the Sweepstakes it is necessary to have an Instagram account and an associated, true, Instagram profile. You can enter the Sweepstakes by (i) following @secret_nyc on Instagram (the “Manager’s Instagram Account”), (ii) liking the Instagram post or publication by which the Manager shall communicate the Sweepstakes, and (iii) commenting on the Instagram post, and tagging a friend in this comment answering the question “Who would you bring if you won?”. You may enter as many times as you like, by tagging a different friend in each comment. Participants will be deemed to have formally entered into the Sweepstakes on the date and time step (iii) is completed.
Each participant will receive one (1) entry into the Sweepstakes. 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.
Sponsor and Manager are 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 Manager. Neither Manager or Sponsor will be responsible for the veracity of any data provided by Participants.
Participants. Participants must be legal United States residents, residing in the State of New York and be at least eighteen (18) years old on the date of entry to the Sweepstakes. Participants must also be within the Greater New York Area to be able to participate. The following persons may not be Participants or enjoy any Prize (either directly, or indirectly as a companion): Sponsor or Manager and/or its employees, agents, freelancers, contractors (and those of any of 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. Within two (2) hours following the end of the Sweepstakes period, the Manager will select one (1) winner (the “Winner”) in a random drawing, from among the Participants who have entered the Sweepstakes in accordance with these Terms and Conditions. Manager will notify the Winner in accordance with these Terms and Conditions, and (after validating Winner’s compliance with requirements set forth herein) will contact the Winner to finalise the Prize.
Prizes. The sole Prize will consist of an exclusive entry for the Winner and two (2) guests to the Netflix Stranger Things Pop Up Store’s opening in New York City on November 6th 2021 (each a “Prize”), with one Prize to be awarded in these Sweepstakes. Following acceptance of a Prize, each Winner shall be contacted by the Manager in accordance with the notification provisions of these Terms and Conditions. Each Winner shall have two (2) hours to claim the Prize, by confirming their relevant contact details with the Manager, in order to facilitate Prize delivery, otherwise the Prize shall be forfeited. 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.
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. Sponsor reserves the right to 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 will be announced at 14:00 PM (EST/GMT-5/4) on the 5th of November 2021 following the end of the Sweepstake Period , twenty two hours , where the Winner will be tagged by Manager’s Instagram Account to notify the Winner. Manager may, in addition to this, notify the Winner by direct message to their profile from Manager’s Instagram Account.
Participation through social networks. Instagram does not in any way sponsor, endorse or administer this Sweepstakes, nor is it associated with it. The Participants exempt Instagram from any responsibility derived from the development of this Sweepstakes. Participants 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 Instagram. Manager 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 the Sponsor and Manager 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 the Manager or Sponsor 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 Sponsor and Manager 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 City, 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.