NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED. BY PARTICIPATING IN THE SWEEPSTAKES, PARTICIPANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE SPONSOR, WHICH SHALL BE FINAL AND BINDING IN ALL RESPECTS.
THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES AND PUERTO RICO ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER UNLESS YOU ARE ELIGIBLE AND LOCATED IN THE UNITED STATES OR PUERTO RICO AT THE TIME OF PARTICIPATION.
ELIGIBILITY: This Watermark Insights, LLC (“Watermark” or “Sponsor”) Sweepstakes is open only to legal residents of the fifty (50) United States, the District of Columbia, and Puerto Rico, who are eighteen (18) years of age or older and if a resident of Alabama or Nebraska, nineteen (19) years of age, at the time of participation. The following persons are not eligible to participate: Employees, contractors, directors and officers of Watermark Insights, LLC, its parent, subsidiary and affiliated companies (the “Promotion Parties”) and any of their immediate family members (spouse, domestic partner, parent, child, sibling, grandparent, grandchild, and/or “step/adopted”) of each and those living in their same households (persons whether related or not who live in the same residence for at least three (3) months during the twelve-month period preceding the Sweepstakes start date).
TIMING: The Sweepstakes details are as follows:
Sweepstakes Entry Period: Begins at or about 12:00:00 AM CT on 05/17/2023 and ends at 11:59:59 PM CT on 05/25/2023
Sweepstakes Review Period: Begins at or about 9:00:00 AM CT on 05/26/2023 and ends at 11:59:59 PM CT on 05/27/2023
Winner Announcement: The Prize Winner will be announced on or about 05/27/2023
HOW TO ENTER THE SWEEPSTAKES:
There is a limit of one entry per person.
Entries that do not include all required information and adhere to these Official Rules as determined by Sponsor, in its sole discretion, will be considered void. Sponsor may, in its sole discretion, remove, delete and/or disqualify any Entry and/or Entrant (as defined in “Requirements of Sweepstakes Entries” below) it deems inappropriate or otherwise non-compliant. Data rates may apply if the participant submits an Entry with a mobile phone or other Web-enabled device using your wireless service provider’s network. Check with your wireless service provider for details on these and any other applicable charges. Participants are solely responsible for any such wireless charges.
By submitting an Entry, you hereby grant permission for your Entry to be posted on the Watermark Insights website and any other social media site, in perpetuity. You agree that Promotion Parties are not responsible for any unauthorized use of Entries by third parties. Promotion Parties do not guarantee the posting of any Entry. You agree that you will not use the Entry for any other purpose, including, without limitation, posting the Entry to any online social networks, without the express consent of Sponsor in each instance.
ENTRIES POSTED TO ANY OF SPONSOR’S WEB SITES OR SOCIAL MEDIA SITES (IF ANY) WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL PARTICIPANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to participants. Sponsor reserves the right to waive the entry requirements set forth herein in its reasonable discretion.
By submitting an Entry, you represent and warrant that the work submitted is original to you and that neither it nor its contents infringe upon or violate the rights of any third party. If your Entry includes likenesses of third parties or contains any elements not owned by you (such as, but not limited to, company logos) you must be able to provide legal releases for each such use in a form satisfactory to Sponsor or your Entry will be disqualified. Entries may not defame or invade the publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights.
By submitting an Entry, you agree that your submission is gratuitous and made without restriction and will not place Sponsor under any obligation. Sponsor reserves the right to, and may or may not, monitor Entries. Each participant will indemnify and hold harmless, Sponsor and Promotion Parties from any claims to the contrary.
REQUIREMENTS OF ENTRIES:
Entries may not contain, as determined by the Sponsor, in its sole discretion, any content that:
Contains copyrighted materials owned by others (including music, songs, photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies, or other media), without permission;
Is sexually explicit; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
Promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
Is obscene or offensive; endorses any form of hate or hate group;
Appears to duplicate any other submitted sweepstakes entries;
Defames, misrepresents, or contains disparaging remarks about other people or companies;
Contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission;
Contains any sensitive personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
Contains any individual other than you and/or any materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without providing legal releases for such use in a form satisfactory to Sponsor;
Contains look-alikes of celebrities or other public or private figures, living or dead;
Communicates messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;
Violates any law;
DRAWING: One winner will be selected from the pool of entries, and will be randomly chosen to win the Sweepstakes prize.
PRIZES/PRIZE RESTRICTIONS: One (1) prize will be awarded during the Sweepstakes:
Prize: One (1) winner will receive a $50 Amazon gift card.
Watermark reserves the right to change prizes in its sole discretion, with or without notice. For the avoidance of doubt, prizes cannot be transferred or exchanged for a cash value.
PRIZE LIMITATIONS: Limit of one (1) prize per person, household. Participants may not register with multiple accounts. If it is discovered during prize verification that you have entered, attempted to enter, or used multiple accounts to enter more than the stated limit, you will be disqualified at the discretion of the Sponsor. Entries generated by script, macro, or other automated means, or which subvert the entry process, are void. All Entries become the property of Sponsor and will not be acknowledged or returned.
GENERAL: The winner hereby expressly grants to the Promotion Parties and their respective designees all rights to use and publish his/her name, likeness (photographic or simulated), voice, and province of residence for all purposes, including without limitation, advertising, marketing, promotional and publicity purposes in connection with this Promotion (“Advertising”), in any and all media now or hereafter devised, worldwide in perpetuity, without any form of notice or any amount or kind of compensation or permission, except where prohibited by applicable law. All copyright, trademark or other intellectual property rights in such Advertising shall be owned by the Sponsor and/or its licensors, and each participant hereby disclaims and waives any claim of right to such Advertising. Such Advertising shall be solely under the control of the 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 Promotion Parties do not assume any responsibility for any disruption in the Promotion, including but not limited to the failure or interruption of any internet service provider. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Promotion materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control. All federal, state, and local laws and regulations apply. All decisions as to these Official Rules and interpretations thereof are exclusively within the sole discretion of the Promotion Parties and may be changed from time to time without notice. The Promotion Parties reserve the right to cancel or modify the Promotion at any time without notice. Entries generated by a script, macro or other automated means will be disqualified. Entries that are incomplete, garbled, or corrupted are void and will not be accepted.
CONDUCT: By participating in this Promotion, you agree to be bound by these Official Rules and the decisions of the Promotion Parties, which shall be final, binding and non-appealable in all respects. Failure to comply with these Official Rules may result in disqualification. The Promotion 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 Promotion, or to be acting in any manner deemed by the Promotion Parties to be in violation of the Official Rules, or to be acting in any manner deemed by the Promotion 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 DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE PROMOTION PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Promotion Parties resulting from participant’s participation in or attempt to participate in the Sweepstakes or ability or inability to upload or download any information in connection with the Sweepstakes. No responsibility or liability is assumed by the Sponsor or the Promotion Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Sweepstakes: Hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online or network communication problems; errors or limitations of any Internet or wireless providers, servers, hosts or other providers; garbled, jumbled or faulty data transmissions; failure of any online transmissions to be sent or received; lost, late, delayed or intercepted transmissions; inaccessibility of Instagram in whole or in part for any reason; traffic congestion on the Internet; unauthorized human or non-human intervention of the operation of the Sweepstakes, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; or destruction of any aspect of the Sweepstakes, or loss, miscount, misdirection, inaccessibility or unavailability of the Web Site used in connection with the Sweepstakes. Neither Sponsor nor Promotion Parties are responsible for any printing, typographical, technical, computer, network or human error which may occur in the administration of the Sweepstakes, submissions of entries, the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on Instagram. Sponsor and Promotion Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user’s or any other person’s computer or web-enabled device resulting from participation in the Sweepstakes. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AND THE FOREGOING PARAGRAPHS SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF SPONSOR OR PROMOTION PARTIES’ NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
RELEASE OF LIABILITY: By participating in the Sweepstakes, participants agree (a) to release and hold harmless Sponsor, Promotion Parties, and each of their respective parent companies, subsidiaries, affiliates, officers, directors, employees, governors, owners, distributors, retailers, agents, assignees, advertising/promotion agencies, representatives, and agents from any and all claims, actions, losses, injuries, damages or liabilities arising from or relating to such participant’s participation or inability to participate in the Sweepstakes; (b) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. By accepting a prize, winner (a) agrees that the Sponsor, Promotion Parties, and all of their respective officers, directors, employees, representatives and agents will have no liability whatsoever for, and shall be held harmless by winner against, any liability including, without limitation, for personal injury or death to participant or any third party or damage to personal or real property due in whole or in part, directly or indirectly, by any reason, including the acceptance, possession, use or misuse of a prize, and (b) grant (and agree to confirm grant in writing promptly upon request) to Sponsor, and its designees and assigns the right to the use of their name, photograph, likeness, voice, image, statements and biographical information, at any time or times, for advertising, trade, publicity and promotional purposes in any media now known or hereafter discovered, worldwide, including the Internet without review, notification or approval, and additional compensation, unless prohibited by law. Sponsor and Promotion Parties are not liable in the event that any portion of the Sweepstakes or prize is canceled due to weather, fire, strike, acts of war or terrorism, pandemic, epidemic, outbreaks of infectious disease or any other public health crisis including quarantine measures of any government authority or other restrictions, or any other condition beyond their control (a “Force Majeure Event”).
GENERAL CONDITIONS: The prize winner is solely responsible for any taxes on prize. No cash equivalent or substitution of a prize is offered, except at the sole discretion of the Sponsor. No transfer of a prize is permitted. Unclaimed prizes will not be awarded. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute a prize with another prize of equal or greater value. If for any reason the Sweepstakes is not capable of running as planned, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor and Promotion Parties reserve the right, at their discretion, to (a) disqualify any individual who is responsible or who tampers with the submission process, and (b) cancel, modify or terminate the Sweepstakes. In the event of cancellation, Sponsor and Promotion Parties will randomly award the prizes among all eligible, non-suspect entries received prior to cancellation. This Sweepstakes is offered only in the United States and all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor and Promotion Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of State of Texas, without giving effect to any choice of law or conflict of law rules. By entering, participants consent to the jurisdiction and venue of the federal, state, and local courts in Texas.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THE WEB SITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
SPONSOR: Watermark Insights, LLC, 10900 Stonelake Blvd, Quarry Oaks II Suite 350 Austin, TX 78759