Brother – Family Magic Sews Contest – Instagram Sweepstakes

BROTHER INTERNATIONAL CORPORATION“FAMILY MAGIC” SEWS CONTEST
CELEBRATING THE RELEASE OF DISNEY’S ENCANTO
 
OFFICIAL RULES
 
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
OPEN TO ONLY LEGAL RESIDENTS OF THE UNITED STATES AND PUERTO RICO WHO ARE 18 YEARS OF AGE OR OLDER AS OF THE DATE OF ENTRY. U.S. LAW GOVERNS. VOID WHERE PROHIBITED.
1. Sponsor: Brother International Corporation, 200 Crossing Boulevard, Bridgewater, New Jersey 08807 (“Sponsor”).
2. Contest Period: The Brother International Corporation “Family Magic” Sewing Contest Celebrating the Release of Disney’s Encanto (the “Contest”) begins at 9:00 AM Eastern Time (“ET”) on November 3, 2021 and ends 11:59 PM ET NOVEMBER 24, 2021 (the “Contest Period”).
3. Eligibility: The Contest is only open to individuals who meet all of the following qualifications: (1) is a legal resident of the United States, the District of Columbia, or Puerto Rico; and (2) is at least eighteen (18) years of age or the age of majority in their state/territory of residence, whichever is older, as of the date of entry.  This Contest is intended only for participation in the aforementioned areas only. A person who satisfies all eligibility requirements as set forth in these Official Rules to Sponsor’s satisfaction shall be considered an “Entrant”. Employees of Sponsor, Walt Disney Studios Motions Pictures “Disney”) and their parent companies, related, subsidiaries, affiliates, advertising and promotion agencies, retailers or distributors, and members of their immediate family are not eligible to win. Sponsor reserves the right to verify the eligibility of winner (“Winner”) in its sole discretion. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Contest. One Submission per person allowed. 
 
4. Prize. One (1) Prize will be awarded at the conclusion of the Contest to one (1) winner using the selection process described below and the satisfaction of eligibility requirements set forth above, consisting of:
a.  One (1) Brother Combination Sewing & Embroidery with Disney [NS1750D] — MSRP: $1,049.00
b.  One (1) Set Up Disney Encanto Face Plates — compatible with the above machine [SAENCANTOFP] — MSRP: $54.99
c.  One (1) Disney Encanto 12-Count Thread Pack [ETPENCTO12] — MSRP: $39.99
The Approximate Retail Value (“ARV”) of the prize is: $1,143.98
 
The Prize will only be awarded if properly claimed. No substitution, cash redemption, or transfer of the right to receive the Prize is permitted, except in the discretion of Sponsor. In no event shall more than the number of stated prizes be awarded. The Prize consists only of the items expressly specified in these Official Rules. The Entrant has no expectation of receiving compensation above that which may be awarded as a prize if Entrant is the winner. All federal, state, local, and other taxes, costs, and expenses relating to the use, acceptance, or possession of the prize are the sole responsibility of the winner. Winner will receive an IRS Form 1099 for the actual value of prize awarded.  
 
5. How to Enter: To enter this Contest, during the Contest Period you must complete ALL of the following:
a. Create an image (“the Content”) depicting your favorite family sewing/embroidery project;
b. Post the Content to your Instagram account with a caption describing what makes it special; and
c. In the post caption, use the hashtags #EncantoFamilyMagic #Disney #SewTogether and #Contest and tag “Disney’s @EncantoMovie” and “@BrotherSews”.
Each post is a “Submission”. One Submission per person allowed during the Contest Period.
6. Instagram Account. You must have an Instagram account and be logged into your account to enter.  Make sure that the “Private Account” setting is turned off, or Sponsor won’t be able to see your Submission and you won’t be able to participate in the Contest.  By making this change to your account settings, you understand that all your future posts on Instagram will be visible to the public. You agree to comply with all Instagram terms and conditions.
 
7. Submission Guidelines. By submitting a Submission, Entrant, represents and warrants that the Entrant has complied with all of the following requirements.  Sponsor reserves the right in its sole discretion to disqualify any Submission it determines does not comply with these guidelines or to require the Entrant to make such changes to any Submission as are necessary to make it compliant. Each Submission must:
a. be original and have been created solely by the Entrant;
b. not include any Disney intellectual property, including without limitation, any intellectual property from Disney’s Encanto.
c.  not violate or infringe upon the rights of any third party, including without limitation any copyright, trademark or right of privacy or publicity, or be unlawful, in violation of or contrary to any applicable law or regulation, or contain any material the use of which by the Licensees (as defined in Section 10) as permitted pursuant to these Official Rules would require a license or permission from or payment to any third party;
d. not previously have been:
                           i. submitted in connection with any sweepstakes or contest;
                          ii.  published for commercial purposes; or
                         iii.  won any award
e. be truthful and accurate;
f.  not be disparaging, defamatory, threatening, indecent, violent, obscene or offensive, or promote a political agenda, violence, bigotry or discrimination;
g. not portray Sponsor or any third party in a negative light; and
h. not contain any material that Sponsor, in its sole discretion, deems inappropriate for public dissemination. 
All Submissions must be received no later than the end of the Contest Period. Any Submissions received after the end of the Contest Period will not be considered. Incomplete, garbled, corrupted or illegible Submissions are void and will not be accepted. Sponsor is not responsible for lost, late, damaged, delayed, destroyed, misdirected, or incomplete Submissions. All Submissions become the property of the Sponsor. Sponsor reserves the right to disqualify false Submissions or Submissions suspected of being false. In the event of a dispute as to the identity of a Potential Winner (defined below), the Potential Winner will be deemed to be the person in whose name the Instagram account was opened.
1. Selection of Potential Winner. All Submissions must meet the Submission Guidelines.  On or about December 1, 2021, Judges designated by Sponsor (“Judges”) will review and score the Submissions and select one (1) potential winner (“Potential Winner”) from all Submissions validly entered into the Contest by applying the following criteria (the “Judging Criteria”) following a 100-point scale:
a. Creativity (20 points),
b.  Inspirational power (20 points)
c.  Visual appeal (30 points),
d.  Adherence to the theme of creating together/for each other (30 points)
In the event of a tie, the entry with the highest score in visual appeal shall win, further ties shall be broken using the scores for adherence to the theme of creating together/for each other, creativity, and inspiration power in that order. The top scoring Submission will be deemed the Potential Winner. Sponsor will notify the Potential Winner through Instagram private message. Potential Winner will be notified no later than December 8, 2021. Judges’ decisions will be at their sole discretion and final in all respects and not subject to challenge or review.  
 
2. Potential Winner Verification. Potential Winner is subject to verification of eligibility. Potential Winners must respond to Sponsor’s initial notification attempt within seventy-two (72) hours of the notification attempt, or the Prize will be forfeited. Pursuant to satisfaction of all requirements, Potential Winner will be required to sign and return a declaration of eligibility/ liability/ publicity release and IRS Form W-9 (“Verification Documents”). Except where prohibited, Potential Winner will be required to complete and return the Verification Documents within seventy-two (72) hours from the date of notification. If any Potential Winner fails to respond to any notification attempt within the time period indicated above, (b) any attempted notification is returned as undeliverable, (c) any Potential Winner fails to complete and return any required Verification Documents within the time period indicated above, or (d) any Potential Winner does not meet the eligibility requirements set forth in Section 3 or does not otherwise comply with these Official Rules, the Potential Winner may be disqualified and an alternate winner may or may not, at Sponsor’s discretion, be selected from among the remaining eligible Submissions. Verification of each Potential Winner’s eligibility may include, without limitation, a background investigation, and the Potential Winner consents to the conduct of a background investigation (which may include a review of criminal records) on the Potential Winner and agrees to supply any authorizations or permissions deemed necessary by Sponsor in connection with any such investigation.  Each Potential Winner represents that they will provide accurate and truthful information in connection with eligibility verification. If Sponsor conducts a background investigation on a Potential Winner and determines in its sole discretion that awarding a prize to them, publicizing any facts or details about the Potential Winner or an association of the Potential Winner with Sponsor or the Contest might reflect negatively on Sponsor and/or its products or services or the Contest, Sponsor will have the right in its discretion to disqualify the Potential Winner and select an alternate winner, as applicable.
 
3. GRANT OF RIGHTS: By submitting a Submission, each Entrant irrevocably grants to Sponsor and its subsidiaries and affiliates, agents and licensees, and each of their respective successors and assigns (collectively, the “Licensees”) the right to use, display, and publish broadcast the Entrant’s name, likeness, voice, biographical information and statements attributed to the Entrant (“Personality Rights”), and Entrant’s Submission, in perpetuity, throughout the world, in all media and formats whether now or later known or developed, for commercial purposes and any other purposes, without further notice or compensation, unless prohibited by law.
4. Facebook/Instagram Disclaimer: This Contest may be advertised on Facebook or Instagram, but is in no way sponsored, endorsed, or administered by, or associated with Facebook or Instagram. You are providing your information to Sponsor and not to Facebook or Instagram. The information you provide will only be used for administering this Contest and for marketing in accordance with the Sponsor’s privacy policy located at https://www.brother-usa.com/privacy-policy. Sponsor and Sponsor’s agents, affiliates, representatives and/or service providers may use Entrants’ personal information submitted with Submission for purposes of prize fulfillment.
 
5. Limitations of Liability: BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE THAT BROTHER INTERNATIONAL CORPORATION, DISNEY, FACEBOOK, INSTAGRAM, AND THEIR PARENT COMPANIES, RELATED AFFILIATES, FRANCHISEES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, MARKETING, WEB SITE PROVIDERS, WEB MASTERS, AND ADMINISTRATOR, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS CONTEST OR IN ANY CONTEST RELATED ACTIVITY,  OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE OR PRIZE DELIVERY. ENTRANTS AGREE THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF INTERNET SITES WWW.BROTHER.COM, WWW.FACEBOOK.COM, WWW.INSTAGRAM.COM, OR THE UPLOADING TO OR DOWNLOADING FROM SUCH SITES AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITES. WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
 
6. Force Majeure. In the event Sponsor is prevented from continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to pandemic, quarantine, fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state, or local government law, order, regulation, or other cause not reasonably within Sponsor’s control, Sponsor shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will (if possible) select a winner from all eligible, non-suspect Submissions received as of the date of the event giving rise to the termination, using the Judging Criteria listed above.
 
7. Disputes. Disputes regarding these Official Rules or this Contest will be governed by the internal laws of New Jersey; provided that any and all disputes, claims and causes of action arising out of or connected with the intellectual property of Disney, shall be resolved individually, without resort to any form of class action, shall be governed and construed in accordance with the laws of the state of California and in the event of any dispute, all entrants irrevocably consent to the jurisdiction of the state and federal courts located in Los Angeles, California to resolve such disputes. Decisions of Sponsor are binding and final.
 
8. General Conditions: Sponsor’s computer is the official time-keeping device for Submissions. Sponsor will not verify receipt of Submissions. Submissions void if forged or obtained/submitted outside authorized channels. Winner may be required to show proof of being the authorized account holder. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THIS CONTEST OR 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 PROSECUTE AND 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 at their sole discretion to disqualify any individual they find to be attempting to tamper with or undermine the entry process, and/or the legitimate operation of the Contest; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. Neither Sponsor nor their respective agents and affiliates are responsible for (1) any incorrect or inaccurate information, whether caused by Entrant’s typing 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 the processing of Submissions; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt or use or misuse of any prize. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
 
9. Winner List: For the name of the winner, available after December 15, 2021 (“Winner’s List Date), send a stamped, self-addressed envelope within thirty (30) days after the Winners List Date to the Sponsor at 200 Crossing Boulevard, Bridgewater, New Jersey 08807  
 
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