CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY: NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED, RESTRICTED, OR WHERE SPONSOR IS UNABLE TO OBTAIN REGULATORY APPROVALS OR DETERMINES THAT ENTRANT IS INELIGIBLE
CONTEST PERIOD: The Greensbury Spring 2020 Instagram Contest (the “Contest”) will begin on April 12, 2020 at 8:00 AM Eastern Standard Time and end on May 10, 2020 at 11:59 PM Eastern Standard Time (“Contest Period”). All entries must be submitted during the Contest Period to be eligible. Contest is subject to these Official Rules (“Official Rules”).
SPONSOR & PRIZE SUPPLIERS This Contest is sponsored and administered by GREENSBURY MARKET, CORP, 1732 1st Ave., #20764, New York, NY 10128 (“Sponsor”).
ELIGIBILITY: Contest is open only to legal residents of the continental United States and Washington, D.C. who are twenty-one (21) years of age or older at time of entry (“Entrants”). Misrepresentation of AGE, upon discovery by Sponsor, will disqualify the applicable participant. This Contest is void in Puerto Rico, the U.S. Virgin Islands, Hawaii, Alaska, U.S. Military installations in foreign countries, all other U.S. territories and possessions and wherever else restricted or prohibited by law, or where Sponsor is unable to obtain regulatory approvals.
Officers, directors, employees and shareholders of GREENSBURY MARKET CORP. (“Sponsor”/“Administrator”) and it’s respective parents, subsidiaries, affiliates, retailers, advertising and promotion agencies and prize suppliers (collectively, the “Contest Entities”), and each of such officers,’ directors,’ employees,’ and shareholders’ immediate family members and/or those living in the same household (whether legally related or not) of each, are ineligible to enter the Contest or win a prize. For purposes of this Contest, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year.
HOW TO ENTER: The only method of entry accepted is via post on Instagram using the hashtag #greensbury. No other method of entry will be accepted. All entries must be received and recorded during the Entry Period.
Use (or attempted use) of multiple names, identities, email addresses and/or any automated, macro, script, robotic or other systems(s) or program(s) to register and participate in this Contest is prohibited and is grounds for disqualification.
Sponsor is the official timekeeper of the Contest. Sponsor and Contest Entities and their agencies are not responsible for unauthorized human intervention, phone, technical, network, electronic, computer, hardware or software failures, malfunctions or disconnects of any kind, or misdirected, illegible, incomplete, stolen, garbled, fragmented or delayed internet/email computer transmissions or network/ISP/website internet accessibility; or for inaccurate, incorrect or incomplete capture of entry information. In the event of a system malfunction or the presence of a virus, the Sponsor reserves the right to modify or terminate the Contest at their sole discretion. The Sponsor reserves the right to terminate the Contest and/or modify or amend these Official Rules at any time, and to select winners among the eligible entries received prior to the termination date, if any. All Submissions are subject to verification at any time. The Sponsor reserves the right, in their sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) to participate (i.e. Submissions) in this Contest by such entrant to be considered valid for the purposes of this Contest. Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification of the applicable Submissions that cannot be verified to the satisfaction of the Sponsor, in their sole and absolute discretion.
PRIZES AND PRIZE PACKAGE DETAILS: One (1) Prize will be awarded each week for the duration of the Contest. Prize will consist of the following:
Total Approximate Retail Value (“ARV”) of the Prize is $125.00 and will consist of Greensbury products chosen at the sole discretion of Sponsor.
Prize is non-transferable, with no cash redemptions, equivalents or substitutions, except as expressly set forth herein and/or at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide the winner with his or her prize(s), the Sponsor may elect to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. In the event a prize winner engages in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to refuse to award the prize to such individual. The prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose. Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize(s) they receive, regardless of whether the prize(s), in whole or in part, are used. Winners will be responsible for remitting payment of taxes to taxing authorities, and Sponsor has no responsibility therefor. The approximate retail value (“ARV”) of the prizes is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The winners may be required to provide Sponsor or Administrator with a valid social security number or tax identification number before the prizes will be awarded for tax reporting purposes. An IRS Form 1099 for the actual value of the prizes received may be issued in the name of the winners, or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the prizes received. Prizes, if legitimately claimed, will be awarded. The Contest Entities are not responsible for and will not replace any lost, mutilated or stolen prizes or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address. No more than the stated prizes will be awarded. The winners are strictly prohibited from selling, auctioning, trading or otherwise transferring any part of the prizes. The Contest Entities are not responsible for and winners will not receive the difference, if any, between the actual value of the prizes at the time of award and the stated ARV in these Official Rules or in any Contest-related correspondence or material. Prizes will only be mailed to each verified winner’s physical mailing address (no P.O. Boxes) in one (1) of the eligible states listed in Section 3, except in Sponsor’s sole and absolute discretion.
WINNER SELECTION: Winners will be selected from among all eligible entries received on each Monday of the Contest Period. Odds of being selected are determined by the number of eligible entries received during the Contest Period. The drawing will be conducted at the sole discretion of Sponsor, whose decisions are final and binding in all matters relating to this Contest. Sponsor and Administrator will have complete discretion over interpretation of the Official Rules, of administration of the Contest, and of selection of the winners. Decisions of the Sponsor and Administrator as to the selection of the winners will be final.
WINNER NOTIFICATION AND PRIZE CLAIMING: Potential prize winners will be notified by a public post on Sponsor’s Instagram account (@greensburymrkt) as well as by Instagram Direct Message in a commercially reasonable time after drawing. The Contest Entities are not responsible for false, incorrect, changed, incomplete or illegible contact information provided by entrants or for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email account to receive email messages.
Prize winners may be required to complete, sign, properly execute (including notarization), and submit an affidavit of eligibility and liability release, including a consent for publicity purposes (collectively, the “Affidavit”), in addition to an IRS-W9 Form (“Materials”). Such Materials, if required, will be sent to the potential winner by Administrator at the time the entrant is notified in writing he/she is a potential prize winner. Such written notification will also state the deadline by which the Materials must be completed and returned to Administrator. Sponsors will ship all prizes within 2 weeks of announcing the winner. Multiple prizes may be consolidated to one package.
If a potential prize winner fails to fully execute and return such documents by mail to Administrator on or before such deadline, such potential winner will be subject to disqualification. In such case, the prize may be forfeited and another potential winner may be selected. Entrant acknowledges that failing to complete and return eligibility materials in compliance with Administrator’s written instructions ON OR BEFORE THE DEADLINE DATE may result in forfeiture of prize. Failure to take delivery of a prize within ten (10) calendar days after availability could cause the prize to be forfeited. In such event, Sponsor may, at its discretion select an alternate potential winner. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize.
In the event of non-compliance with these rules, or if the prize or prize notification is unclaimed or returned as undeliverable, the prize will be forfeited and, at Sponsor’s discretion, awarded to an alternate potential winner. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential prize winner cannot attend any event or participate in any portion of the prize, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected. The Contest Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners, or if potential winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent.
PUBLICITY RELEASE: Subject to applicable law, winners irrevocably grant the Contest Entities and each of their licensees, and their respective successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Contest, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prizes to the winners.
TAMPERING WITH CONTEST: The Contest Entities are not responsible for the actions of entrants in connection with the Contest, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. Persons found tampering with or abusing any aspect of this Contest, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Contest, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future contests. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE (INCLUDING THE SPONSOR WEBSITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor and Administrator reserve the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
SUSPENSION / MODIFICATION / TERMINATION: In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s or Administrator’s control, Sponsor shall have the right to modify, suspend or terminate the Contest and select the winners from all eligible entries received prior to any action taken or as otherwise deemed fair and appropriate by Sponsor and Administrator. Sponsor additionally reserves the right, in its sole and absolute discretion to modify, suspend or terminate the Contest if causes beyond Sponsor’s or Administrator’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest and select the winners from all eligible entries received prior to any action taken or as otherwise deemed fair and appropriate by Sponsor.
CONDITIONS OF ENTRY: By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the decisions of Sponsor and Administrator, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects. Sponsor and Administrator reserve the right to disqualify participants who violate these Official Rules or interfere with this Contest in any manner. If a participant is disqualified, Sponsor and Administrator reserve the right to terminate that participant’s eligibility to participate in this Contest. If a participant submits entries in excess of applicable limits, all entries submitted by such participant shall be void.
WAIVERS, DISCLAIMERS AND RELEASE: By participating in the Contest, entrant agrees to release, discharge and hold harmless the Contest Entities and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”) from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrant's’ participation in the Contest and/or related to any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Contest; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize). Without limiting the generality of the foregoing, entrants agree that the Released Parties: (a) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Contest and/or with respect to prizes, including, without limitation, to any prizes quality or fitness for a particular purpose; (b) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the prizes provided in connection with the Contest; and (c) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (i) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (ii) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (iii) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (iv) by any cause, condition or event whatsoever beyond the control of the Released Parties. Entrants agree that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor or Administrator; interruption or inability to access Sponsor’s or affiliated entities’ respective websites, or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Contest; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each entrant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a Supplier that may be sent along with a prize.
ENTRY INFORMATION AND CONTEST COMMUNICATIONS: As a condition of entering the Contest, each entrant gives consent for Sponsor and Administrator to obtain and deliver his or her name, address, email address, and other information to third parties for the purpose of administering this Contest and to comply with applicable laws, regulations and rules. Any information entrant provides to Sponsor or Administrator may be used to communicate with entrant in relation to this Contest or on a Contest winners’ list.
GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor, Administrator or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through binding arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Manhattan County New York and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. A single arbitrator shall conduct arbitration, under the Federal Rules of Evidence and the American Arbitration Association (“AAA”) Consumer Arbitration Rules in effect at the time the claim is filed. To obtain rules and form, contact the AAA at 800.778.7879, www.adr.org/consumer (website), or email@example.com (email). Any participatory hearing will take place in Mecklenburg County, North Carolina unless the parties agree to another location. If AAA cannot or will not administer the arbitration, the parties agree to submit the claim to JAMS for proceedings conducted under JAMS’ Comprehensive Arbitration Rules. If both designated arbitration forums cannot or will not administer the arbitration, it remains the parties’ intent to arbitrate and to have appointed an arbitrator pursuant to 9 USC § 5. Entrant agrees not to participate in a representative capacity or as a member of any class of claimants pertaining to any claims or disputes covered by these mandatory arbitration provisions. No arbitrator shall be allowed to conduct arbitration on a class-wide basis, and the arbitrator shall not be allowed to consolidate arbitration demands filed by Sponsor’s other customers. However, if the previous sentence is found unenforceable, these entire mandatory arbitration provisions shall be void. If any other term is unenforceable in these mandatory arbitration provisions, the remaining terms are severable and enforceable to the fullest extent permitted by law. These mandatory arbitration provisions shall be governed by the Federal Arbitration Act. By participating in the Contest, entrant agrees to the mandatory arbitration provisions above. ENTRANT UNDERSTANDS THAT HE/SHE IS VOLUNTARILY WAIVING HIS/HER RIGHT TO A JURY TRIAL OR JUDGE TRIAL FOR SUCH DISPUTES.
LIMITATION OF LIABILITY: BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
LIST OF CONTEST WINNERS / OFFICIAL RULES REQUESTS: To receive a list of winners, send a stamped self-addressed envelope to: GREENSBURY MARKET, CORP, 1732 1st Ave., #20764, New York, NY 10128. For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope GREENSBURY MARKET, CORP, 1732 1st Ave., #20764, New York, NY 10128.
This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram or Facebook.
SPONSOR & ADMINISTRATOR: Sponsor & Administrator GREENSBURY MARKET, CORP, 1732 1st Ave., #20764, New York, NY 10128. Reference to third parties in connection with prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor, Prize Suppliers or the Contest.