Giveaway Rules
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS GIVEAWAY. A PURCHASE OR PAYMENT OF ANY KIND DOES NOT INCREASE YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED BY LAW.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
THIS GIVEAWAY IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM.
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE GIVEAWAY, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE GIVEAWAY PARTIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
ELIGIBILITY: The July Technologies Inc. 2023 Giveaway is open only to individuals who are registered July Technologies Inc. users of any payment plan, current US residents, physically located in one (1) of the fifty (50) United States or the District of Columbia, and who are at least eighteen (18) years of age or older as of time/date of entry. Employees, officers and directors of July Technologies Inc. (“Sponsor” & “Administrator”), and their respective parent companies, affiliates, subsidiaries, advertising, contest, fulfillment and marketing agencies (collectively with Sponsor and Administrator, the “Giveaway Parties”), their immediate family members and those living in the same household as such individuals (whether legally related or not) are not eligible to participate in the Giveaway or win a prize. For purposes of this Giveaway, 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, whether legally related or not. By participating, you agree to these Official Rules and to the decisions of the Sponsor and Administrator, which are final and binding in all respects. Void in any state not listed above and where prohibited by law, rule or regulation. By participating in the Giveaway, each entrant unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the decisions of Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects.
GIVEAWAY PERIOD AND ENTRY PERIODS: The Giveaway begins on or about 1:00:00 p.m. Eastern Time (“ET”) on May 1, 2023 and ends on or before 11:59:59 p.m. ET on May 8, 2023 (the “Giveaway Period”).
Tag/Comment Requirement: Must follow, like Giveaway post, and tag a friend they think would enjoy July. For an extra entry, entrants can share the Giveaway post on their stories and tag @withjulyhq.
The designated computer clock of the Sponsor is the official time-keeping device in the Giveaway.
HOW TO ENTER THE GIVEAWAY: There is one (1) method of entry for this Giveaway, and you may enter as follows:
Instagram Post Comment Method of Entry. To participate and enter this Giveaway via the Instagram mobile application, individuals will need a mobile device (e.g., mobile phone or tablet) that can access the Internet and uses either the Apple or Android platform. Additionally, individuals will need to either visit Instagram.com or download the Instagram application from their mobile device’s app store and sign-up for an Instagram account (“Instagram Account”) if you do not already have an Instagram Account. Creating an Instagram Account is free. By submitting your information and creating an Instagram Account however, entrants will be required to agree to the Instagram terms of service and privacy policy. If you do not agree to Instagram’s terms of service and privacy notice, you cannot create an Instagram Account or participate in this Giveaway via Instagram. After entrant has an Instagram Account, log-in to your Instagram Account and become a follower of the @withjulyhq Instagram Account. To enter, during an Entry Period, follow the call-to-action provided in any advertising for the Giveaway on how to receive an entry. The call-to-action for this Giveaway will require entrants to find Sponsor’s post on its Instagram Account page @withjulyhq or otherwise in its Instagram feed that promotes the Giveaway (“Giveaway Post”). To enter, like the Giveaway Post and tag a friend(s) as described under section 2 for the entry period, be a current July Technologies Inc. user (any payment plan is valid). For an extra entry, share the Giveaway Post on your Instagram Story. Sponsor may not receive entries that fail to strictly follow the posting instructions set forth in these Official Rules and Sponsor is not responsible for failure to see or receive an entry. Comments not received by Sponsor will not be entered into the Giveaway.
Limit of one (1) entries per person, per entry period will be accepted. Subsequent attempts made by the same individual to submit more than two entries by using multiple or false contact information, accounts or otherwise may result in the entrant being disqualified. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Giveaway at Sponsor’s sole and absolute discretion. Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age, residence, and July Technologies Inc. user status) are void. All materials submitted become the physical property of Sponsor and will not be returned. In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the registered account holder of the email address associated with the entry or social media account for the domain associated with the submitted address provided that person is eligible. Winner(s) may be required to show proof of being the registered account holder. Registered account holder is defined as the person assigned to an email address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified. All entrants submitting materials/content as part of the Giveaway will be non-exclusively licensing (with the unlimited right to sublicense) to Giveaway Parties the right to use such materials, and the images related thereto (including entrant’s name, social media account username and likeness), for any purpose (including any and all commercial purposes) with the right to modify the materials and make derivative works thereof. Entrants represent and warrant that the materials submitted will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations. The Giveaway Parties may run multiple campaigns, contests, Giveaway or other promotions simultaneously. Entry into one (1) campaign, contest or Giveaway does not constitute entry into any other.
GIVEAWAY DRAWING/PRIZE CLAIMING: There will be one (1) winner selected in this Giveaway. The potential winner will be selected through a random drawing on or about the dates set forth in chart set forth in Section 2 above from all eligible entries received in accordance with these Official Rules. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Giveaway, and of selection of the winner(s). Decisions of the Sponsor as to the selection of the winner(s) will be final.
ODDS: Odds of winning a Giveaway prize depend on the total number of eligible entries received for each applicable Entry Period.
WINNER NOTIFICATION: The potential prize winner will be notified through an email or a direct message on Instagram (method to be selected by Sponsor in its sole discretion) in a commercially reasonable time after the drawing. The Giveaway Parties are not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending direct message on Instagram. A potential prize winner who provides a P.O. Box may be required to provide an alternative address and this may cause a delay in notification and acceptance so use of a P.O. Box is discouraged. The Giveaway Parties are not responsible 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 or other account to receive messages.
Potential winner becomes the “Winner” only after verification of eligibility by Sponsor. If such potential winner cannot be contacted within 10 days, 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, he/she will forfeit that prize and an alternate winner may be selected from among all remaining entries for that drawing. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. The Giveaway Parties 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.
PRIZES/PRIZE RESTRICTIONS: There will be one (1) prize awarded in this Giveaway.
GIVEAWAY Winners (1): A total of one (1) winner will be awarded. Each winner will consist of the following:
One (1) $100 digital Gift Card.
The total Approximate Retail Value (“ARV”) of the winner awarded in this Giveaway is $100.00 (USD).
GENERAL: Subject to applicable law, the winner hereby expressly grants to the Giveaway Parties and their respective successors, assigns, sublicensees and designees, the irrevocable right to use and publish his/her name, social handles, likeness (photographic or simulated), voice, biography and place of residence for all purposes, including, without limitation, advertising, marketing, promotional and publicity purposes in connection with this Giveaway (“Advertising”), in any and all media now or hereafter devised, worldwide, in perpetuity, without any form of notice, permission or any amount or kind of compensation, except for the awarding of the prize to the winner. All copyright, trademark or other intellectual property rights in such Advertising shall be owned by Sponsor and/or its licensors, and each winning participant hereby disclaims and waives any claim of right to such Advertising. Such Advertising shall be solely under the control of Sponsor and/or its licensors, and the winner hereby waives any claim of control over the Advertising content as well as any possible claims of misuse of such winning recipient’s name, likeness or voice under contract, tort or any other theory of law. The Giveaway Parties do not assume any responsibility for any disruption in the Giveaway, including, but not limited to, the failure or interruption of any social media platform or any internet service provider. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Giveaway materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control. All decisions as to these Official Rules and interpretations thereof are exclusively within the sole discretion of the Giveaway Parties and may be changed from time to time without notice. In the event Sponsor is prevented from continuing with the Giveaway 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 Giveaway 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 control (each, a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Giveaway or prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Giveaway should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Giveaway; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Giveaway; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.
CONDUCT: The Giveaway Parties are not responsible for the actions of entrants in connection with the Giveaway, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Giveaway. The Giveaway Parties reserve the right, at their sole discretion, to disqualify any individual found to be tampering with the participation process or the operation of the Giveaway, or to be acting in any manner deemed by the Giveaway Parties to be in violation of the Official Rules, or to be acting in any manner deemed by the Giveaway Parties to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person and void all associated Entries and/or registrations. CAUTION: ANY ATTEMPT BY A USER, YOU OR ANY OTHER INDIVIDUAL TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE GIVEAWAY PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves 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.
WAIVERS AND DISCLAIMERS: The Giveaway Parties assume no responsibility or liability for: (a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed, misdirected, damaged or garbled registrations, entries, URLs, or emails; (b) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (c) any unauthorized access to, or theft, destruction or alteration of entries or registrations at any point in the operation of this Giveaway; (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, cable, satellites, servers, computers or providers utilized in any aspect of the operation of the Giveaway; (e) inaccessibility or unavailability of the Internet or the website or any combination thereof or for computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Giveaway, including, without limitation, errors or difficulties which may occur in connection with the administration of the Giveaway, the processing of entries, social networking posts, or registrations, the announcement of the prizes, or in any other Giveaway-related materials; or (f) any injury or damage to participants or to any other person's computer which may be related to or resulting from any attempt to participate in the Giveaway. If, for any reason, the Giveaway (or any part thereof) is not capable of running as planned for reasons which may include, without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Giveaway, then the Giveaway Parties reserve the right at their sole discretion to cancel, terminate, modify or suspend the Giveaway in whole or in part. If terminated, the Giveaway Parties will award the prize from among all non-suspect, eligible entries received for the Giveaway up to the time of such action.
RELEASES: All participants, as a condition of participation in this Giveaway, agree to release, discharge, indemnify and hold harmless the Giveaway Parties, Instagram, and each of their respective directors, officers, employees, agents, successors and assigns (collectively, “Released Parties”) from and against any and all liability, claims, costs (including attorneys’ fees), losses, damages, fines, or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained, in whole or in part, directly or indirectly, in connection with: (i) participation in any aspect of the Giveaway (including travel to/from any Giveaway activity), (ii) the receipt, ownership, use or misuse of the prize awarded, including any travel associated with any prize, (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; (iv) participant’s registration material on any related website, or (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Giveaway activity and/or prize.
GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Giveaway 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 laws.
BY ENTERING THE GIVEAWAY, 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 GIVEAWAY, OR THE 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 AN 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.
DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in the state of 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. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Giveaway shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of July Technologies Inc or any successor to July Technologies Inc. In the event July Technologies Inc is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in the state of New York. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in the state of New York. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
ENTRY INFORMATION AND GIVEAWAY COMMUNICATIONS: As a condition of entering the Giveaway, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Giveaway and to comply with applicable laws, regulations and rules. Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Giveaway or on a Giveaway winner’s list. By participating in the Giveaway, participant agrees to all of the terms and conditions of the Sponsor’s Privacy Policy, which is available at withjuly.com/legal/privacy-policy. In the event of any discrepancy between the Sponsor’s Privacy Policy and these Official Rules, these Official Rules shall control and govern.
MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Giveaway-related materials, privacy policy or terms of use on any website, social media platform or application and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
WINNER LIST: To receive the list of winners of prizes, send a #10 self-addressed, stamped envelope for receipt by May 2, 2024 to: July Technologies Inc 2023 Giveaway Winners List Request, c/o 424 Broadway Suite 602, NY 10013.
SPONSOR: July Technologies Inc., 424 Broadway Suite 602, NY 10013. 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 or the Giveaway.
ADMINISTRATOR: July Technologies Inc., 424 Broadway Suite 602, NY 10013.