FARM Rio Brighten Up Your Winter 22
These official rules (“Official Rules” or “Rules”) govern the Farm Rio Brighten Up Your Winter 22. The act of entering the Brighten Up Your Winter 22 constitutes acceptance of the Rules as contained herein and of the decisions of Plantage Rio Inc. (“Farm Rio”), which are final and binding in all respects. A copy of these Official Rules may also be found at www.farmrio.com.
Sponsor and Moderator. Sponsored and moderated by Plantage Rio Inc. (“Farm Rio” or “Sponsor”).
- Eligibility. The Brighten Up Your Winter 22 is open to legal residents of the United States of America, Great Britain, and European Union who are eighteen years of age or older as of the date of entry (“Eligible Participants”).
Officers, directors, and employees of Sponsor or its affiliates and related companies, and the immediate family members or members of the same household of any of the foregoing are not eligible to participate in the Brighten Up Your Winter 22. Residents of jurisdictions where participation or entry into the Brighten Up Your Winter 22 is prohibited are not eligible to participate in the Brighten Up Your Winter 22.
- How to Enter. Eligible Participants must follow @FARMRIO on Instagram to be eligible to enter. Eligible Participants can enter the Brighten Up Your Winter 22 by posting on their Instagram feed a photo and / or video wearing some FARM Rio product during the winter, tag FARM Rio and use the hashtag #FARMRioLovers in the caption of the post.
There is NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY to participate in the Sweepstakes. A purchase does not improve your chance of winning.
- Timing. Brighten Up Your Winter 22 begins at October 18th, 2022 and ends on November 10th, 2022 at 11:59 PM EST (the “Brighten Up Your Winter 22 Period”). Eligible Participants may submit Entries in the Brighten Up Your Winter 22 from October 17th, 2022 through November 10th, 2022 (the “Entry Period”). All Entries must be posted online within the Entry Period and remain publicly accessible on the Instagram platform throughout Brighten Up Your Winter 22 Period in accordance with these Rules in order to be eligible. Five contestants will be selected based on qualitatives criteria and The Sponsor will validate the final winners of the Brighten Up Your Winter 22.
Final winners will be announced on or about November 13th, 2022.
- Prizes. There will be a total of five (5) prizes, consisting in the described below will be equally awarded to the Winners, who must be Participant and who meet the Terms and Conditions of participation.
The Prize is made up as follows:
- Five FARM Rio Gift Cards of 350 USD each - three hundred and fifty US dollars .
The Prize is awarded “as is” with no warranty or guarantee, either express or implied. The right to receive the Prize is not transferable, and no substitutions or cash equivalents are permitted except at FARM Rio sole discretion or as otherwise provided herein. FARM Rio will not replace the Prize, if it is lost or stolen or canceled. Any and all Prize-related expenses, including without limitation any and all federal, state, and local taxes, shall be the sole responsibility of the Winners.
By accepting the Prize, the Winners grant their permission for FARM Rio to use their names, cities, states and countries on all media known or unknown to date, in particular the internet and social networks, for purposes of advertising and trade without further consent or compensation other than the Prize won, unless prohibited by law.
- Winner Selection and Notification
During 5 weeks the FARM Rio team will observe the eligible photos and in the last week will select 5 winners based on qualitative criteria such as: (1) background; (2) styling aligned to FARM Rio; (3) colorfulness.
The announcement of the winners will happen on the November 13th 2022 on FARM Rio Instagram account @farmrio.
All Gift Cards will be issued and sent to the winners no later than November 15th, 2022 with availability for use until December 31st, 2022.
General Entry Conditions. If a dispute results as to the identity of an online Entrant, it will be determined that the online Entry was submitted by the authorized account holder of the Instagram account making the first post including the Entry. For these purposes, the authorized account holder is the natural person assigned to the email address associated with the Instagram Account by an internet access provider, on-line service provider or other organization responsible for assigning email addresses or the domain associated with the submitted email address. The Instagram timestamp on each post will be the official timekeeping device for Brighten Up Your Winter 22.
7. Content Restrictions. Each Entry must be in keeping with the Sponsor’s image, and may not be offensive, nor can it defame, or invade upon the publicity rights or privacy of any person or otherwise infringe upon any person or entity’s intellectual property, personal or proprietary rights, as determined by Sponsor and the Brighten Up Your Winter 22 judges in their sole discretion. Sponsor reserves the right, at its sole discretion, to disqualify any Entry that the Sponsor feels is inappropriate, objectionable and/or inconsistent with the positive image and/or good will it wishes to promote in this Brighten Up Your Winter 22.
All Entrants acknowledge and agree that all Entry materials submitted in connection with this Brighten Up Your Winter 22 are submitted on a non-confidential and non-proprietary basis and may be used by Sponsor, its agents and subsidiaries, for advertising and promotion purposes including, without limitation, in connection with Sponsor’s Instagram, Sponsor’s other social media accounts, Sponsor’s promotional and e-commerce website(s) and the Brighten Up Your Winter 22. Each Entrant to the Brighten Up Your Winter 22 must either (i) be the sole and exclusive owner of all rights (including, without limitation, all intellectual property rights) in and to all content and elements incorporated into or used in the Brighten Up Your Winter 22 Entry; or (ii) have the express written permission to use such content and elements from the owner(s) of the rights to such content and elements. Any Entrant whose Brighten Up Your Winter 22 Entry includes likenesses of third parties or contains content or elements not owned by the Entrant (such as, but not limited to, any music other than official Brighten Up Your Winter 22 soundtrack, proprietary names, trademarks, or logos) must be able to provide written legal releases (in a form that is satisfactory to Sponsor) that permit the Entrant to use and exploit such content and elements in the manner used and exploited and that permit Sponsor’s right to use and exploit the content and materials in accordance with these Rules (each an “IP Release”) before the Entry can be eligible to be declared a Finalist or winner.
Each Entry shall not include, individuals who are: 1) represented under a contract (e.g., by a talent agent or manager) that would limit or impair Sponsor's ability to display the Entry as permitted by these Rules; 2) subject to a contract that would make such individual's appearance in the photograph a violation of any third-party rights; or 3) under any other contractual relationship, including but not limited to guild and/or union memberships, that may prevent Sponsor from being able to use the photograph worldwide in all media in perpetuity on a royalty-free basis, without payment or fee obligations. In the event the likeness of a minor is included in a Entry, Entrant must provide a legal release from the parent/legal guardian of the minor depicted in the Entry.
Grant of License. By entering the Brighten Up Your Winter 22, Entrant grants Sponsor, its agents, subsidiaries and affiliates (the “Licensees”) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable, assignable right to exercise the copyright, publicity, database rights and any other rights Entrant has in the Brighten Up Your Winter 22 Entry, in any media now known or hereafter devised (including without limitation, the Internet and all social media), without any compensation.
By submitting an Entry, Entrant acknowledges and agrees that Sponsor may obtain many Entries in connection with this Brighten Up Your Winter 22 and/or other Brighten Up Your Winter 22 staged and/or promoted by the Sponsor, and that such Entries may be similar or identical in theme, idea, format or other respects to other Entries submitted in connection with this Brighten Up Your Winter 22 and/or other Brighten Up Your Winter 22 sponsored by the Sponsor or submitted for other reasons or other materials developed by the Sponsor. Entrant waives any and all claims Entrant may have had, may have, and/or may have in the future, that any Entry and/or other works accepted, reviewed and/or used by the Entrant may be similar to his/her Entry, or that any compensation is due to Entrant in connection with such Entry or other works used by Sponsor. By submitting a Entry, Entrant hereby grants permission for the Brighten Up Your Winter 22 Entry to be posted on Sponsor’s Instagram, other social media, or other websites. Entrant agrees that Sponsor is not responsible for any unauthorized use of Entries by third parties. Sponsor does not guarantee the posting of any Entry.
Representations and Warranties. Each Eligible Participant represents and warrants that: (i) their Entry complies with these Rules; (ii) the Entry does not and will not infringe any third party’s copyright, patent, trademark, trade secret or other intellectual property or proprietary rights or rights of publicity or privacy; (iii) that the Entry is not the subject of any actual or threatened litigation or claim; (iv) the Entry is not obscene, offensive, libelous, pornographic, threatening, abusive, or otherwise objectionable; (v) the Entry does not contain illegal content, encourage a criminal offense or otherwise give rise to liability or violate any law; (vi) the Entry does not display any logos or trademarks not owned by the Entrant (except the FARM Rio trademark), or the Entrant has provided Sponsor with an applicable IP Release; (vii) the Entry does not include any disparaging remarks relating to the Sponsor or any third party. Entrant acknowledges that nothing herein shall constitute an employment, joint venture, or partnership relationship between Entrant and Sponsor. In no way is Entrant to be construed as the agent or to be acting as the agent of Sponsor in any respect.
No Liability & Indemnification. ENTRANTS HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, AND EACH OF THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, DIVISIONS, ADVERTISING AND PROMOTION AGENCIES, EMPLOYEES, OFFICERS, DIRECTORS AND SHAREHOLDERS (COLLECTIVELY, THE “RELEASEES”) FROM ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, RESULTING FROM PARTICIPATING IN THIS Brighten Up Your Winter 22, OR FROM THE ACCEPTANCE, POSSESSION, OR USE OR MISUSE OF ANY PRIZE AWARDED OR PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OF DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES. PARTICIPANTS AGREE THAT SPONSOR HAS NOT MADE NOR IS IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW, RELATIVE TO THE Brighten Up Your Winter 22 OR ANY PRIZES AWARDED HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPONSOR DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO SPONSOR'S WEBSITE AND SPONSOR SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS. THE PROVISIONS REGARDING IMPLIED WARRANTIES ARE VOID IN SOME JURISDICTIONS WHERE IMPLIED WARRANTIES ARE PRESCRIBED BY LAW.
Releasees are not responsible for lost, late, illegible, damaged or stolen Entries or submissions, or problems of any kind, whether mechanical, human or electronic. Releasees are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, action by the operator of Instagram, lost or unavailable network connections, inability to access a website or submit an entry, vote, fraud, incomplete, garbled, or delayed computer transmissions or inaccurate transcription of entry information, whether caused by the Releasees, users or by any of the equipment or programming associated with or utilized in this Brighten Up Your Winter 22 or by any technical or human error which may occur in the processing of submissions which may damage a user’s system or limit a participant’s ability to participate in the Brighten Up Your Winter 22. Sponsor reserves the right, in its sole discretion, to cancel or suspend part or all of this Brighten Up Your Winter 22 at any time without notice, if virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or integrity and proper play of the Brighten Up Your Winter 22. In such event, Sponsor may, at its sole discretion, void any entries it suspects are at issue and award prizes from among all eligible entries/votes received up to the date of cancellation.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY ONLINE SERVICE RELATED TO THIS Brighten Up Your Winter 22 OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE Brighten Up Your Winter 22 MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW AND/OR CRIMINAL PROSECUTION.
Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that or any other provision. Sponsor reserves the right to disqualify Entrants who violate the Rules or interfere with this Brighten Up Your Winter 22 in any manner. If an Entrant is disqualified, Sponsor reserves the right to terminate that Entrant’s eligibility to participate in this Brighten Up Your Winter 22 and/or future Contests and Brighten Up Your Winter 22.
Additional Conditions of Participation. By entering, agree to be bound by these Official Rules including all eligibility requirements. Sponsor will collect information from the Entrant solely for the purpose of administering the Brighten Up Your Winter 22 and to notify the winners. Sponsor will not share this information with any third parties, except as necessary for the administration of the Brighten Up Your Winter 22.
By accepting a prize, a winner consents to the use of their name, image, likeness, entry submission and biographical material for advertising, publicity, and promotional purposes by Sponsor, or a party designated by the Sponsor, including but not limited to, any online announcements, without additional notice or compensation, except where prohibited by law. All materials submitted in connection with the Brighten Up Your Winter 22 will not be returned. Entrants agree that the decisions of the Judges and Sponsor are final, and waive any right to claim ambiguity in these Official Rules. Entrants agree that any and all disputes shall be governed solely by the laws of the United States of America and the State of New York.
Disputes. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of Entrants and Sponsor in connection with the Brighten Up Your Winter 22, shall be governed by, and construed in accordance with, the laws of the United States of America and the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the United States of America or the State of New York, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the United States of America and the State of New York. The State and Federal Courts located in New York County, New York State shall have sole and exclusive jurisdiction over all disputes arising from or relating to these Rules and the Brighten Up Your Winter 22 , and Entrant hereby consents to the jurisdiction thereof.
- Request for Names of Prize Winners and Official Rules. For a List of Winners and/or a copy of these Official Rules, send a self-addressed stamped envelope to: FARM Rio NY, 113 Prince Street, New York, NY, 100122. All requests for a copy of the Official Rules and the names of winners must be made by November 30th. Residents of Canada or Vermont may omit return postage. Please note on the front left-hand corner of your outer envelope whether you are requesting “Official Rules” or “Prize Winners.”
This Brighten Up Your Winter 22 is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that by entering this Brighten Up Your Winter 22, you are providing information to Sponsors and not to Instagram.