"Going In Style" DVD Contest - Official Rules

SPONSOR
Sponsor is the National Kidney Foundation, Inc. 30 East 33rd Street, New York, NY 10016.
 
AGREEMENT TO OFFICIAL CONTEST RULES
No purchase is necessary.
By participating, Contestants agree to abide by and be bound by these Official Contest Rules ("Rules") and the Terms and Conditions ("Terms") set forth below, which are final and binding in all matters relating to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to interpret and apply these Rules and Terms in its sole discretion, and to modify or terminate the Contest at any time.
 
TERMS AND CONDITIONS
ELIGIBILITY
Contest is open only to residents of the fifty (50) United States (including the District of Columbia) who are 18 years or older at the time of entry (“Contestants”). Employees of Sponsor and its affiliates, and their immediate family members (spouse, parent, sibling and their respective spouses, regardless of where they live) or persons living in the same households of such individuals, whether or not related, are not eligible to enter or win a prize. THE CONTEST IS VOID OUTSIDE OF THE UNITED STATES, AND WHERE PROHIBITED BY LAW.
 
CONTEST PERIOD
Contest Period: The Contest Period starts July 27, 2017 at 9:00 am Eastern Standard Time (EST) and ends July 31, 2017 at 11:59 p.m. EST. Sponsor controls the official time-keeping device for the Contest.
 
HOW TO ENTER
To enter the Contest, access the National Kidney Foundation page on Facebook (www.facebook.com/NationalKidneyFoundation) or Instagram (www.instagram.com/nationalkidneyfoudnation), find photos from the movie posted on those pages during the Contest Period, post a creative caption for one or multiple photos in the comments section. The number of Contest entries per person is unlimited and you may enter as many captions as you’d like.
This Contest is in no way Sponsored, endorsed or administered by, or associated with, Facebook or Instagram. Any questions, comments or complaints regarding this Contest shall be directed to Sponsor and not to Facebook. By entering you agree to these Official Rules.
 
JUDGING PERIOD
The Judging Period will begin on or about 11:00:00 AM on July 28, 2017 and end at 4:59:00 PM EST on or August 1, 2017. The Sponsor will appoint a panel of judges consisting of representatives of the National Kidney Foundation.
Judges:
Dolores Machuca-Ruiz, Senior VP, Communications and Marketing, National Kidney Foundation
Katarina Madej, Senior Director of Digital and Social Media, National Kidney Foundation
Samantha Parker, Marketing and Communications Coordinator, National Kidney Foundation
The panel of judges will select two (2) winning Entries (the "Winners") daily in its sole discretion from among all the entries, for a total of ten (10) Winners at the end of the Contest Period. The panel of judges will also select one (1) Grand Prize Winner from all the entries at the end of the Contest Period.
All entries will be judged based on the following criteria, in the sole discretion of the panel of judges:
(a) appeal of the composition and subject matter of the entry; and
(b) overall quality of the caption
 
The entries with the highest overall rankings will be the Winners.
 
WINNER SELECTION AND NOTIFICATION
ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. The Winners will be notified in an email message sent to the email address provided in the contest submission entry. The potential Winners will be asked to complete a Winner Acceptance Form. If a potential Winner does not respond to the National Kidney Foundation email or does not return the Winner Acceptance Form within 48 hours, that potential Winner may be disqualified and the entry with the next highest number of judges’ votes will be selected as a potential Winner in its place. Return of any notification email as "undeliverable" or failure to fully comply with these Official Rules will result in disqualification. In the event of disqualification of any potential Winner, the prize will be forfeited by that potential Winner and the panel of judges will select a new potential Winner. The Sponsor are not responsible for notifications that are misdirected, addresses that are no longer correct, or for any other reason beyond the control of the Sponsor. If such potential Winner cannot be contacted within a reasonable time period, if the potential Winner is ineligible, if any notification is returned undeliverable, or if the potential Winner otherwise fails to fully comply with these Official Rules, Sponsor may award the applicable prize to an alternate Winner who had the highest score remaining of the eligible entries.
No prize transfer, assignment or substitution by Winner permitted. Sponsor reserves the right to substitute any prize in the case of unavailability.
 
CONTEST PRIZES
Prizes: If you are selected as one of the ten (10) daily Winners, you will receive one (1) Going In Style movie package including a DVD copy of the movie, a movie t-shirt, a “Heart Your Kidneys” baseball cap, a small plush NKF mascot “Sidney the Kidney,” and an orange NKF kidney pin.
Approximate Retail Value of the daily Winner’s package is $85.00.
If you are selected as the Grand Prize Winner, you will receive a $500 gift card to AMC Theaters.
Winners are responsible for any and all applicable fees and federal, state, and local taxes.
 
OWNERSHIP OF ENTRY
National Kidney Foundation does not claim any ownership rights in your Contest Entry. By using the submit an Entry, you agree to be bound by these Official Rules and grant the National Kidney Foundation a non-exclusive, fully paid-up and royalty-free, worldwide license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate your Entry, including without limitation the right to distribute all or part of your Entry in any media formats through any media channels in perpetuity.
By submitting an Entry, you consent to the use, by the National Kidney Foundation, its affiliates, subsidiaries, and licensees, of your name, likeness, and image, in connection with the Contest and the National Kidney Foundation’s related marketing activities, in any media or format now known or hereafter invented, in any and all locations, without any payment to or further approval from you. You agree that this consent is perpetual and cannot be revoked.
 
WARRANTIES
By submitting an Entry, you represent and warrant that your Entry:
1. is your own original work;
2. does not contain material that is, in the Sponsor’ sole judgment, obscene, inappropriate for a general audience that may include minors, or defamatory;
3. does not violate or infringe upon the copyrights, trademarks, rights of privacy, publicity or other rights of any person or entity;
4. does not contain malicious code, such as viruses, timebombs, cancelbots, worms, Trojan horses or other potentially harmful programs or other material or information;
5. does not feature the name of a private individual without that individual’s explicit written permission for its use;
6. does not and will not violate any applicable law, statute, ordinance, rule or regulation; and
7. does not trigger any reporting or royalty obligation to any third party. You further represent and warrant that the rights that you are granting under these Official Rules do not conflict in any way with any other agreement to which you are a party, or with any commitments, restrictions, or obligations that you are under to any other person or entity.
 
OTHER TERMS AND CONDITIONS
Entry Conditions and Release

By entering, each Contestant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor and/or the Contest judges which are binding and final in all matters relating to this Contest; (b) release and hold harmless the Sponsor and Facebook, and their respective parent, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for Sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a Contest entry, creation of an entry or submission of an entry, participation in the Contest, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the publication, broadcast, transmission, performance, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Sponsor from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to a Contestant’s participation in the Contest and/or Contestant’s acceptance, use or misuse of prize.
 
General Conditions
Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual or Contest it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. 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 is not responsible for, nor is it required to count, incomplete, late, misdirected, damaged, unlawful or illicit votes, including those secured through payment, votes achieved through automated means or by registering more than one e-mail account and name, using another Contestant’s e-mail account and name, as well as those lost for technical reasons or otherwise.
 
Limitations of Liability
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest, (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or receipt or use of any prize. If for any reason an Contestant’s submission is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another provide another submission. No more than the stated number of prizes will be awarded.
 
Disputes
Contestant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, other than those concerning the administration of the Contest or the determination of Winner, shall be resolved individually, without resort to any form of class action; (2) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate New York State Court; (3) 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 (4) 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 YOU. 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 New York, without giving effect to any choice of law of conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
 
Privacy
Sponsor collects personal information from you when you enter the Contest. The information collected is subject to the privacy policy located here.
 
Contest Results
For Contest results go to www.kidney.org/goinginstyle on or about July August 1, 2017.