These official rules (“Official Rules” or “Rules”) govern the Farm Rio “Extraordinary Winter Challenge” (“Contest”). The act of entering the Contest constitutes acceptance of the Rules as contained herein and of the decisions of Grupo De Moda Soma S.A. (“Farm Rio”), which are final and binding in all respects. A copy of these Official Rules may also be found at www.farmrio.com.
1. Sponsor and Moderator. Sponsored and moderated by Grupo De Moda Soma S.A. (“Farm Rio” or “Sponsor”).
2. Eligibility. The Contest 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 Contest. Residents of jurisdictions where participation or entry into the Contest is prohibited are not eligible to participate in the Contest.
3. How to Enter. Eligible Participants must follow @FARMRIO on Instagram to be eligible to enter. Eligible Participants can enter the Contest by making a public Instagram including of an Instagram Reel (composed of a video or sequence of photographs set to music) of up to 30 seconds using the official Contest soundtrack (available at https://www.instagram.com/p/CYji-mEBVeg/) (each Reel being an “Entry” and, collectively, the “Entries”) and (a) including the hashtags #DRESSINHAPPINESS and #FARMRIOLOVERS and (b) tagging @FARMRIO on the post including the Entry. Eligible Participants may make multiple Entries, each of which will be considered and judged separately.
4. Timing. The Contest begins January 10, 2022 at 10:00:00 AM Eastern Standard Time (“ET”) and ends on February 19, 2022 at 11:59:59 PM ET (the “Contest Period”). Eligible Participants may submit Entries in the Contest from January 10, 2022 at 10:00:00 AM ET through February 19, 2022 at 11:59:59 PM ET (the “Entry Period”). All Entries must be posted online within the Entry Period and remain publicly accessible on the Instagram platform throughout the Contest Period in accordance with these Rules in order to be eligible. Each Entry will be scored by a panel of judges on February 20, 2022 (the “Judging Period”). The ten Entries receiving the highest scores during the Judging Period will be announced on February 21, 2022 and move on to Community Voting (as defined below), which will run from February 21, 2022 at 12:00:00 AM ET until February 24, 2022 at 11:59:59 PM ET (the “Community Voting Period”). The Sponsor will determine and validate the final winners of the Contest. Final winners will be announced on or about February 25, 2022.
5. Judging. During the Judging Period, all eligible Entries will be judged by a panel of expert judges (the “Judges”) based on the following criteria: (i) background, (ii) styling, (iii) colorfulness, (iv) good vibe, (v) music synchrony, and (vi) storytelling. The panel of Judges will be selected by Sponsor in its sole discretion and may include employees and affiliates of Sponsor. Based on the Judges’ scores and as determined by Sponsor, the ten (10) top-scoring Entries will be declared finalists (each a “Finalist Entry” and the respective Eligible Participant a “Finalist” and collectively the “Finalist Entries” and “Finalists") and will move on to the Community Voting Period. Decision of Judges is final and binding on all matters relating to this Contest. The odds of winning a prize depend on the total number of eligible Entries submitted to the Contest, the quality of the Entries, and the number of votes received.
6. Community Voting. All eligible Finalist Entries will be posted by Sponsor on its Instagram feed. The five Finalist whose Finalist Entries receive the most comments during the Community Voting Period will be the winners (each a “Winner”) and receive a prize as set forth below. Sponsor reserves the right to disregard and not count any comments it reasonably deems ineligible or fraudulent. The Finalist whose Finalist Entry receives the greatest number of comments during the Community Voting Period will receive the Grand Prize and each of the other Winners will receive a Runner-Up Prize (as defined below), subject to validation and verification of eligibility and compliance with all terms and conditions set forth in these Rules. Winners will be notified on or about February 25, 2022.
7. Prizes. There will be a total of five (5) prizes awarded from among all eligible Entries:
- One (1) Grand Prize – One $1000 FARM Rio gift card usable in each month from March 2022 through February 2023 and ten (10) FARM Rio maximalist puffer jackets (MSRP: $100-$400 sent to the recipient of the Grand Prize Winner’s choice.
- Four (4) Runner-Up Prizes – One (1) $1000 FARM Rio gift card usable before April 30, 2022 and one FARM Rio maximalist puffer jacket (MSRP: $100-$400) sent to the recipient of the Winner’s choice.
8. 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 the Contest.
9. Entry Content. By submitting a photograph, video, or other material as part of an Entry, a participant hereby represents and acknowledges that they own or have secured all rights to use, publish and copyright such material. Photographs and Videos must be of good quality. An Entrant may be required to provide a release to the Sponsor for any or all content and material incorporated in an Entry, at the Sponsor’s sole discretion. If any photograph submitted as part of an Entry is taken by another party (“Photographer”), Entrant to the Contest must receive and hereby represents and warrants that they have received permission from the Photographer to submit the selected photograph in the Contest.
Entrants to the Contest may use the Sponsor’s name, logo and products in their Contest Entry.
Entries that have been generated by a script, macro, bot or any other automated means will be deemed void. Sponsor is not responsible for late, lost, incomplete, illegible, damaged, or misdirected Entries. Sponsor’s decisions are final on all matters relating to this Contest.
10. 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 Contest 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 contest.
All Entrants acknowledge and agree that all Entry materials submitted in connection with this Contest 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 Contest. Each Entrant to the Contest 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 Contest 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 Contest 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 Contest 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.
11. Grant of License. By entering the Contest, 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 Contest Entry, in any media now known or hereafter devised (including without limitation, the Internet and all social media), without any compensation. Further, by entering the Contest, Entrant grants Licensees the additional license to modify, adapt, translate, create derivative works from, and distribute the Entry (with the understanding that Licensees are under no obligation to do so), or incorporate the entry into any form, medium or technology, including the right, at each Licensee’s sole discretion, to publish the Entry and to use the Entry for advertising and promotional purposes. Licensees shall not be required to designate Entrant as the creator or author of an Entry that is distributed or otherwise exploited by Licensees, or include any references to Entrant on, or in connection with, any Entry that is distributed or otherwise exploited by Licensees.
By submitting an Entry, Entrant acknowledges and agrees that Sponsor may obtain many Entries in connection with this Contest and/or other contests 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 Contest and/or other contests 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 Contest 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.
12. Representations and Warranties. Each Eligible Participant represents and warrants that: (i) their Entry complies with these Rules; (ii) the Entry is original and has not previously won any award or Contest; (iii) 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; (iv) that the Entry is not the subject of any actual or threatened litigation or claim; (v) the Entry is not obscene, offensive, libelous, pornographic, threatening, abusive, or otherwise objectionable; (vi) the Entry does not contain illegal content, encourage a criminal offense or otherwise give rise to liability or violate any law; (vii) 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; (viii) 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.
13. No Liability & Indemnification. ENTRANTS HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, JUDGES, 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 CONTEST, 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 CONTEST 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 Contest 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 Contest. Sponsor reserves the right, in its sole discretion, to cancel or suspend part or all of this Contest 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 Contest. 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 CONTEST OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST 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 Contest in any manner. If an Entrant is disqualified, Sponsor reserves the right to terminate that Entrant’s eligibility to participate in this Contest and/or future Contests.
14. 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 Contest and to notify the winners. Sponsor will not share this information with any third parties, except as necessary for the administration of the Contest.
By accepting a prize, a winner consents to the use of their name, image, likeness, photo, voice, 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 Contest 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.
16. 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 Contest, 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 Contest, and Entrant hereby consents to the jurisdiction thereof.
17. 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 August 18, 2022. 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.”