NotJustaPurchaseContest Official Rules
#NotJustaPurchaseContest Official Rules
NO PURCHASE NECESSARY TO ENTER THE NOT JUST A PURCHASE CONTEST. VOID WHERE PROHIBITED. OPEN TO LEGAL RESIDENTS OF THE 50 U.S., INCLUDING THE DISTRICT OF COLUMBIA, PUERTO RICO AND US TERRITORIES, WHO ARE 18 YEARS OF AGE OR OLDER AS OF DATE OF ENTRY AND WHO POSSESS A WEB-ENABLED DEVICE AS OF SEPTEMBER 17, 2017. STARTS 10:00 AM ET ON 9/18/17 AND ENDS 11:59 PM ET ON 11/16/17. FOR COMPLETE RULES, VISIT WWW.SYNCHRONYFINANCIAL.COM/NOTJUSTAPURCHASECONTEST. SPONSORED BY SYNCHRONY BANK.
- Contest Period: The Not Just A Purchase Contest (“Contest”) begins at 10:00 a.m. Eastern Time (“ET”) on September 18, 2017 and ends at 11:59 p.m. ET on November 16, 2017 (“Contest Period”).
- Eligibility: The Contest is open to legal residents of the 50 United States, including the District of Columbia, Puerto Rico and US Territories, who are 18 years of age or older as of date of Entry (as defined below) who possess a web-enabled device as of September 17, 2017, except employees and their immediate family members (spouse, parent, child, sibling and/or the household members of each) of Synchrony Bank (“Sponsor”), Don Jagoda Associates, Inc. (“Administrator”), and each of their affiliates, respective divisions, subsidiaries, licensees, agents, successors and assigns, advertising and promotion agencies (collectively, “Contest Entities”). This Contest is void wherever prohibited, and subject to all federal, state and local laws.
- How To Enter the Contest: Consumers who choose to enter the Contest (“Entrant”) must have an Instagram account and have their account settings set to public and be a follower of the Synchrony Financial Instagram account at @Synchronyfinancial. An Instagram account is required to enter and can be opened for free by downloading the Instagram application from the Apple store or Google Play.
- Contest Entry Requirements: In the event the Sponsor, in its sole discretion, determines that any Entry contains content that does not comply with these Official Rules or does not otherwise comply with regulatory guidelines or eligibility requirements, the Sponsor reserves the right to disqualify and remove the Entry or, if Sponsor determines, edit the content of the Entry. All Entries must comply with these Official Rules in order to be eligible. Photo must be original to Entrant and owned by Entrant. Each Entrant attests that he/she has made all those depicted in the Entry aware that he/she is submitting an Entry containing them in this Contest, and all depicted have agreed that Entrant may submit such Entry. Entrant must be the parent/legal guardian of any minors depicted. Entry must not have been submitted previously in a contest of any kind or previously exhibited or displayed publicly (i.e., disclosed beyond Entrant’s immediate circle of friends and family) through any means. The Entry must not contain content that is known by Entrant to be false, inaccurate or misleading. Any Entry deemed inappropriate or unsuitable, in Sponsor's sole discretion, will be disqualified. Entry must not contain material that is inappropriate, indecent, profane, obscene, hateful, tortuous, defamatory, slanderous or libelous (including words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group). Entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. Any Entry or portion thereof that is, in Sponsor’s sole discretion, obscene, profane, lewd, defamatory, contains any third-party materials, or otherwise violates or infringes (or may infringe) any copyright, trademark, logo, mark that identifies a brand or other proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity or make reference to any commercial/corporate advertising (including but not limited to, corporate logos, brand names, slogans, political, or religious statements), or is otherwise objectionable, may disqualify the Entry, in Sponsor’s sole discretion. Sponsor reserves the right to blur or black out any infringing material in their sole discretion. Any items or accessories shown in the Entry should not contain any visible logos, drawings, cartoons, phrases, trademarks or other third-party materials (other than Sponsor-owned). Photo may not be owned, taken or edited by a professional photographer. Entry must not contain viruses, worms, bots, spyware or any other computer code that is intended to damage, interfere with, or surreptitiously intercept or expropriate any system, data or information. Entrants and all submitted Entries must be in keeping with Sponsor's image/brand image as determined by Sponsor, in its sole discretion, or Entry will be disqualified from the Contest. The Entry must not disparage persons or organizations associated with Sponsor.
- Transfer of Rights: By entering the Contest (or being depicted in Entry), Entrants/those depicted grant to Sponsor the perpetual, worldwide right to use, publish and display their name and Instagram handle, Entry, biographical material, voice, image, likeness and appearance (the “Materials”) in all media and in all forms, now known or later developed, including, but not limited to, print, video, audio, television or the internet, for use in advertising and promotion of Sponsor and any of its products or services, without further compensation or any limitation whatsoever. Entrants/those depicted agree that all Materials are owned by Sponsor and that Sponsor may copyright the same. Entrants/those depicted hereby release any rights they may have with respect to the Materials, and agree that the Materials need not be submitted for any further approval. Entrants/those depicted expressly release and agree to indemnify Sponsor from and against any and all claims, known and unknown, arising out of or in any way connected with the above granted uses and representations and also acknowledge that this General Release shall be governed by the laws of the state of Utah.
- Additional Representations and Warranties/Indemnification: Each Entrant represents and warrants as follows: (i) Entrant's Entry is non-professional and the sole, original work of the Entrant, which has not been copied or otherwise plagiarized, in whole or in part, from any other source and, as of the date of Entry submission, is not the subject of any actual or threatened litigation or claim; (ii) Entrant's Entry has not been published previously or submitted in any other competition; (iii) Entrant owns all rights in and to the Entry; (iv) Entrant's Entry does not and should not violate or infringe upon (nor is it at risk of infringing) any third party rights, including without limitation copyright, trademark rights, privacy rights (including portrayal in a false light), publicity rights, or other intellectual property rights; and (v) Entrant's Entry does not and will not violate any applicable laws, and is not and will not be considered defamatory or libelous. Each Entrant hereby agrees to indemnify and hold the Contest Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of Entrant under these Official Rules.
- Selection of Finalists and Determination of Daily Prize Winners:
- Finalist Selection: During the Contest Period, seventy-five (75) Entries per day will be randomly selected as finalists from among all eligible Entries received. The random drawings will be conducted on a semi-weekly or weekly basis throughout the Contest Period, on or about the following dates: 9/21/17, 9/25/17, 9/29/17, 10/3/17, 10/9/17, 10/13/17, 10/17/17, 10/23/17, 10/30/17, 11/6/17, 11/13/17 and 11/17/17. The random drawings will be conducted by Administrator whose decisions are final on all matters relating to these drawings. The odds of being selected as a finalist in a random drawing depend on the total number of eligible Entries received by the end of each day and prior days (if any). Finalists are subject to verification. If for any reason, there are no eligible Entries received for a given day (and any prior days, if any), the Sponsor reserves the right to conduct a random drawing to select 75 finalists on or about 11/17/17 from among all eligible Entries received during the Contest Period, and judge them based on the criteria set forth in 7b below, to award the prize.
- Daily Prize Winner Determination/Judging: Each week, on or after the dates listed in 7a above, the seventy-five (75) finalists randomly selected per day will then be judged by the Administrator, to determine one (1) Daily Prize winner per day, based on the following judging criteria: (i) Most Compelling Interpretation of the Concept (50%); Originality/Creativity (30%); Visual Treatment (20%). The highest-scoring Entry will then be declared that day’s Daily Prize winner. Being declared a winner is subject to validation and verification of eligibility and compliance with all terms and conditions set forth in these Official Rules. In the event of a tie, tied Entries will be re-judged based 100% on Most Compelling Interpretation of the Concept. Decisions of the Administrator are final and binding on all matters relating to this Contest. Under no circumstance will information regarding judging be shared with Entrants.
- Prizes: Daily Prizes (60 - 1 per day): A $500 Sponsor-specified gift card. Gift Cards are subject to certain restrictions and an expiration date may apply. Prizes are not transferable. No substitution or transfer of prize permitted except at the sole discretion of the Sponsor. Taxes related to the prizes are the responsibility of the winners. Limit one (1) prize per person/household.
- General Rules: Daily Prize winners will be contacted by the Sponsor via Direct Message (“DM”) on Instagram and will be asked to email the Administrator with the following information within 48 hours of notification: first and last name, complete mailing address (no P.O. Boxes), Instagram handle, and date of birth. Potential Daily Prize winners will be required to email the Administrator as directed in the DM within 48 hours of notification attempt or prize may be forfeited and the next highest scoring finalist for that day will be notified. By emailing the Administrator, the Entrant attests that they (or any members of their household) are not an employee of any of the Contest Entities, and acknowledge that if they (or any members of their household) are found to be an employee, the prize will be forfeited and an alternate winner will be determined and notified, as stated above. Noncompliance within any specified timeframe or return of any prize/prize notification as undeliverable will result in disqualification without further notice and an alternate winner may be determined. If a winner does not comply with the Official Rules, then the potential winner may be disqualified and an alternate potential winner will be determined and contacted (in accordance with these Official Rules). By participating, Entrants agree to these Official Rules and the decisions of the Sponsor and Administrator, which shall be final and binding in all respects. Winners and Entrants agree to release and hold harmless Contest Entities and Sponsor from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with creation of or submitting an Entry or otherwise participating in or preparing for any aspect of the Contest, the receipt, ownership, possession and/or use or misuse of prize awarded or any typographical or other error in these Official Rules or the announcement or offering of the prizes or for any claims or causes of action based on publicity rights, defamation or invasion of privacy. Nothing herein shall constitute any obligation on Sponsor to make any use of any of the rights set forth herein. The Sponsor and its agencies are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in the Contest or by any human error which may occur in the processing of the Entries in the Contest or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with the Contest. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the Entry process or the operation of the Contest or any site; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right to cancel or modify the Contest for any reason, including (but not limited to) if, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest. If such cancelation occurs, Sponsor reserves the right to select the finalists and then determine the winners from among all eligible Entries/finalists submitted/determined prior to cancellation, based on random drawing guidelines and the same criteria listed above. If there are any discrepancies between printed materials and these Official Rules, the Official Rules will govern and control.
- Disputes: EACH ENTRANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST OR ANY PRIZES AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE APPROPRIATE STATE OR FEDERAL COURT LOCATED IN UTAH;(2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS CONTEST BUT IN NO EVENT ATTORNEYS’ FEES; AND (3) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO ENTRANT. EACH ENTRANT HEREBY WAIVES HIS/HER RIGHT TO CONTEST JURISDICTION FOR ANY SUCH DISPUTE OR CLAIM. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Utah, without giving effect to any choice of law or conflict of law rules (whether of the State of Utah or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Utah.
- Winners List: For the names of the winners, visit www.synchronyfinancial.com/notjustapurchasecontest after December 6, 2017.
- Sponsor/Administrator: This Contest is sponsored by Synchrony Bank, 777 Long Ridge Road, Stamford, CT. The Administrator of the Contest is Don Jagoda Associates, Inc., 100 Marcus Dr., Melville, NY.
Instagram is not affiliated with the Contest in any way and is not responsible for the administration of the Contest or the awarding of the prizes. No endorsement or approval of Contest by Instagram are expressed or implied.