Official Instagram Giveaway Rules for The United States Soccer Federation [@USSoccer]
By participating in a Instagram Giveaway (a "Promotion") promoted by the United States Soccer Federation, Inc. through its @USSoccer account (the "USSoccer Account"), or otherwise by a member of the United States Men’s National Team or the United States Women’s National Team referencing @USSoccer and these Official Rules, you agree to these Official Rules, which are a contract, so please read them carefully before participating. Without limitation, this contract includes indemnities to the released parties from you and a limitation of your rights and remedies. The contract will refer to you as "you" or "Participant".
The details and requirements for entry or participation in any Promotion shall be provided by the USSoccer Account from time to time, at the discretion of the USSoccer Account. Participants must follow the directions provided by USSoccer Account and otherwise be bound by and follow these Official Rules to be eligible to receive a prize in connection with any Promotion.
You must be at least 18 years of age (or the legal age of majority in your state) to participate in a Promotion. A Participant must be a follower of the Instagram account announcing the Promotion to be eligible to participate. Employees, officers, directors, representatives and agents of any USSF entity (listed below) and each of their respective parents, subsidiaries & affiliated companies and their immediate families and those living in their same household, whether or not related, are not eligible for any Promotion. USSoccer Account will determine giveaway recipients in its sole and absolute discretion, subject to verification of eligibility, receipt of a qualified entry and compliance with these Official Rules and the instructions provided by the USSoccer Account. The time of receipt of any valid entry shall be the time such valid entry becomes available to the USSoccer Account on Instagram.com. The USSoccer Account's computer shall be the official clock of the Promotion. Limit one (1) entry per person and per Instagram account per Promotion. If you have received a prize in connection with a Promotion in the last 30 days, you are not eligible. TRANSPORTATION TO/FROM ANY PARTICIPATING STADIUM AT WHICH A MATCH IS HELD, OR ANY OTHER LOCATION, AND ANY LODGING, PARKING, GRATUITIES OR ANY EXPENSES NOT SPECIFICALLY LISTED ARE NOT INCLUDED IN ANY PRIZE. If a Promotion prize recipient is determined to be ineligible, USSoccer Account may, in its sole and absolute discretion, not give away the goods or ticket(s) or may give the goods or ticket(s) to the next eligible follower. You will be required to privately (through Instagram direct message, email, or other secure, private means) provide your name, address, age and other personal information necessary to receive the prize, if you are selected as a Promotion prize recipient. Except for Winner Information (defined below), USSoccer Account will not keep or store your information or use it for any purpose other than sending your giveaway item(s) or providing you information on receiving the item(s). Promotions are subject to all applicable federal, state and local laws, rules or regulations and these Official Rules.
Participants may not take actions that are negligent, injurious or reckless in pursuit of any prize offered in connection with a Promotion. Participants who do not follow this rule or who otherwise participate in a Promotion in an unsportsmanlike manner will be disqualified from the Promotion. Participants are solely responsible for any injuries or other damages that are caused by their behavior. Participants agree to indemnify, release, discharge and hold harmless the Released Parties (defined below) from and against any and all claims, liability, losses, damages or injuries of any kind with respect thereto.
Each winner of a prize in a Promotion is solely responsible for any and all applicable federal, state and local taxes (including income and withholding taxes on any prize), regardless of whether the prize, in whole or in part, is used. The approximate retail value (“ARV”) of any prize is based on available information provided to USSoccer Account, and the value of any prize awarded to a Promotion winner may be reported for tax purposes as required by law.
By participating in a Promotion, you agree to (i) be bound by these Official Rules, including all entry requirements provided at the time the Promotion is announced and/or promoted, and (ii) waive any and all claims against the United States Soccer Federation, Inc. (“USSF”), the Women’s National Team Players Association (the “WNTPA”), the United States National Soccer Team Players Association (the “MNTPA”) and each of their respective subsidiaries or affiliated entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the USSF, and the directors, officers, employees, players, coaches, and agents, licensees, distributors, retailers, sponsors, venues, stadiums, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the above entities (collectively, "Released Parties") for any injury, damage or loss of any kind that may occur, directly or indirectly, in whole or in part, from participation in the Promotion or from receipt or use of any Promotion prize or any travel or activity related to the Promotion or Promotion prize (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)). Each winning Participant, by acceptance of prize, grants to USSF and and each of its respective designees the right to publicize his/her name, address (city and state of residence), photograph, voice, statements and/or other likeness and prize information for advertising, promotional and/or trade and/or any other purpose ("Winner Information") in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law. The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of participants or the Released Parties in connection with the Promotion 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 state's laws.
BY PARTICIPATING IN A PROMOTION, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT 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 FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY), AND PARTICIPANT 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.
Entries generated by a script, macro or other mechanical or automated means will be disqualified. In the event of a dispute as to the identity or eligibility of any potential winner based on a Instagram account, the winning entry will be declared made by the Authorized Instagram Account Holder of the Instagram account used to participate in the applicable Promotion provided he/she is eligible according to these Official Rules. For entries via Instagram, the "Authorized Instagram Account Holder" is defined as the natural person who is assigned to a Instagram account by www.Instagram.com.
As a condition of participating in any Promotion, each entrant agrees that (a) any and all disputes, claims, controversies or causes of action arising out of or relating to any Promotion, or any prizes awarded (each, a "Claim"), shall be (i) arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party, and (ii) settled by binding arbitration in New York County, New York before a single arbitrator appointed by the American Arbitration Association in accordance with its then governing rules and procedures, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof; and (b) under no circumstance will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses. These Official Rules shall be governed by and construed and interpreted in accordance with the laws of the State of New York, U.S.A., applicable to contracts entered into and performed exclusively in that State.