Pier 1 – Style Your Summer Photo Contest – Instagram Sweepstakes

Pier 1 Style Your Summer Photo Contest
OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR
CHANCE OF WINNING. VOID WHERE PROHIBITED.
BY ENTERING THE CONTEST, ENTRANT AGREES TO THESE OFFICIAL RULES.
ALL PHOTOS SUBMITTED MAY APPEAR ON SPONSOR’S WEBSITE, SPONSOR’S
INSTAGRAM PAGE, OR IN ANY OTHER MEDIUM FOR ANY PURPOSE WITHOUT NOTICE,
APPROVAL, ATTRIBUTION, OR ADDITIONAL COMPENSATION IN SPONSOR’S SOLE
DISCRETION.
1. Eligibility: The Pier 1 Style Your Summer Photo Contest (the “Contest”) is open only to legal residents
of the 50 United States and District of Columbia, who are 18 years of age or older (or 19 and older for
residents of AL and NE) at the time of entry. Void where prohibited by law. No purchase necessary to enter
the Contest. Employees of Pier 1 Services Company, 100 Pier 1 Place, Fort Worth, TX 76102 (the
“Sponsor”), or any of its respective affiliates, subsidiaries, advertising agencies, or any other company or
individual involved with the design, production, execution or distribution of the Contest (collectively with
Sponsor, the “Contest Entities”) and their immediate family (spouse, parents and step-parents, siblings and
step- siblings, and children and step-children) and household members of each such employee are not
eligible to enter or win. Individuals who have been awarded a prize by Sponsor in a contest or promotion
within the last twelve months of the Contest start date are not eligible to enter or win. The Contest is
subject to all applicable federal, state, and local laws and regulations. Participation constitutes entrant’s full
and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in
all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth
herein.
2. Contest Period: The Contest begins on June 6, 2019 at 12:00:00 AM Central Time (“CT”) and ends on
June 30, 2019 at 11:59:59 PM CT (the “Contest Period”). The Website (defined below) clock is the official
timekeeper for this Contest.
3. HOW TO ENTER THE CONTEST: To enter during the Contest Period, upload your Photo (defined
above) to Instagram in the post copy (not in the comments), using the hashtag #StyleYourSummerContest
to receive one (1) entry into the Contest. All Photos must be received by 11:59:59 AM CT on June 30,
2019 to be eligible. Limit one (1) Photo submission per person/Instagram account per day for a total of 28
entries allowed per person for the entire Contest Period. Proof of submission of the Photo will not be
considered proof of receipt. Any entry that is submitted without a qualifying Photo will be void.
PLEASE NOTE: To enter, entrants must follow the Instagram account @Pier1 and adjust their Instagram
account settings to allow for receipt of messages from Sponsor. For this purpose, entrants will have to set
their Instagram account settings to ‘Public’, and take any further necessary steps to ensure receipt of any
communication from Sponsor. It is solely entrant’s burden to take any steps necessary to adjust their
Instagram account settings so that messages can be sent by Sponsor. An entrant’s non-receipt of a message
from Sponsor for any reason, including for failure on behalf of entrant to adjust Instagram account settings,
shall be entrant’s, and not Sponsor’s fault. Similarly, Sponsor shall not be held liable if they are not able to
view an entrant’s entry for any reason, including the failure on behalf of entrant to adjust their Instagram
account settings accordingly. By entering this Contest, each entrant (or entrant’s parent/legal guardian if
entrant is deemed a minor in his/her state of residence) agrees that the Sponsor has the right to contact the
entrant by direct message via entrant’s Instagram account provided upon registrations to administer and
fulfill this Contest.
This Contest is not sponsored, endorsed, administered by or associated with Instagram. By entering,
you are providing the information to Sponsor, and not to Instagram. WHEN YOU UPLOAD YOUR
PHOTO, YOU AUTHORIZE SPONSOR TO USE YOUR PHOTO WITHOUT COMPENSATION
OR ATTRIBUTION.
4. Photo Entry Requirements: Entrants agree to and understand that Photo entries will be made
available to the public, including without limitation, posting on the Internet and may appear in Sponsor’s
advertising and marketing materials. Whether or not Photo entries are published on the Internet, Sponsor
does not covenant or guarantee any confidentiality with respect to any Photo entries.
1. The Photo entry must not have been submitted previously in any Contest of any kind, although
photos that have previously been posted to Instagram area allowed.
2. Each Photo entry must be an original creation of the submitting entrant which is under no
restriction, contractual or otherwise, that will prevent Sponsor’s use of the Photo entry and each
Photo entry must be free of any and all liens, encumbrances and claims of third parties. Entrant
acknowledges, agrees and warrants that, nothing in the Photo entry infringes on any copyrights,
confidential information, trade secrets or trademarks belonging to any person or entity other than
the Photo entrant absent a suitable license, clearance or permission agreement (proof of which is
required upon submission), or violates any person’s rights of privacy or publicity and that all
necessary releases and permissions have been secured. Entrant agrees to indemnify and hold
harmless each of the Contest Entities and their respective parent, subsidiaries, and affiliates and
each of their respective officers, directors and employees, from and against any and all claims,
demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon
or arise out of any breach by entrant of these Official Rules or the warranties and representations
made by entrant in this paragraph. Modifying, enhancing or altering a third party’s preexisting
work does not qualify as entrant’s original creation.
3. By uploading the Photo entry the entrant agrees, for zero compensation, to grant to Sponsor all
intellectual property rights in the Photo entry and each of its constituent parts, which rights
include, without limitation, the Sponsor’s right to publish, make available to the public and/or
reproduce the Photo entry at its sole discretion through any media available at any time during, or
after, the Contest Period on any related websites, in any promotional materials, whether related or
un-related to the Contest, and at any location, whether physical or online. In addition, entrant
warrants that any so called “moral rights” in the Photo Entry have been waived and entrant
acknowledges and agrees that Sponsor may use any ideas from any Photo entry or other submitted
materials, whether or not entrant has been awarded a prize in connection with any such Photo
Entry or other materials. Entrant agrees to release, defend, indemnify and hold harmless each of
Contest Entities, and each of their parent, subsidiaries, and affiliates and each of their respective
owners, employees, directors, officers, agents, and subcontractors from all claims, demands, and
causes of action of any nature whatsoever which entrant or entrant’s heirs, representatives,
executors, administrators, or any other persons acting on entrant’s behalf or on behalf of entrant’s
estate, have or may have by reason of: (i) Sponsor’s exercise of any rights granted by entrant in
this paragraph; (ii) claims based on violation of any right of publicity or rights of personality,
infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of
earnings or potential earnings in connection with Sponsor’s use of the Photo entry and any portion
thereof, or the likeness of any natural person therein.
4. Entrants are responsible for securing necessary permissions, talent and location releases, and
licenses for any visual material contained in the Photo entries.
Photo Entry Content Restrictions
Photo entries must not contain material that:
1. Contains or depicts someone smoking, intoxicated, or using illegal substances, or any
paraphernalia related to any of the above;
2. Violates or infringes another’s rights, including without limitation, privacy, publicity or
intellectual property rights;
3. Contains material that promotes bigotry, racism, hatred or harm against any group or individual or
promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation
or age;
4. Contains any unacceptable clothing or adornments, or displays any commercial/corporate
advertising other than that of Sponsor (including but not limited to corporate logos, brand names,
trademarks, slogans, political, personal and religious statements);
5. Contains indecent or unsafe behavior or situations, profanities or obscenities, including but not
limited to nudity, or pornography, or is otherwise inappropriate, profane, obscene, hateful,
tortious, slanderous or libelous;
6. References persons or organizations without their written permission;
7. Disparages any persons or organizations;
8. Includes threats to any person, place, business, or group;
9. Is unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations.
Failure of any Photo entry to comply with the above “Photo Entry Requirements” and “Photo Entry Content
Restrictions,” as determined by Sponsor, in its sole discretion, may result in disqualification of entrant.
Without limitation, Sponsor reserves the right in its sole discretion to disqualify any entry that, in their sole
opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Contest or any other person
or entity, does not comply with these Official Rules or if Sponsor receives notification about any potential
infringements or breaches of law or any other reason set forth herein. Photo entries must be suitable for
presentation in a public forum, in sole determination of Sponsor.
Judging Criteria and Winner Selection
There will be a total of five (5) Grand Prize Winners in this Contest. From July 1st, 2019 through July 3rd
,
2019 all eligible entries received during the Contest Period will be judged by members of Sponsor’s
creative marketing team using the following judging criteria and percentages: visual appeal (25%); style
(25%); impact (25%); and subject matter (25%). The top five (5) highest scoring Photo entries using the
Judging Criteria will be deemed the Grand Prize Winner. In the event of a tie, the Photo entry with the
highest score in the impact criteria will be deemed the winner from among all tying Photo entries. Odds of
winning depend on the number of eligible entries received. Potential Grand Prize Winners will be contacted
via Instagram and may be awarded their prize listed below (subject to verification of eligibility and
compliance with the terms of these rules.)
Failure to respond to the prize notification message within three (3) days of notification, or return of
message notification as undeliverable after three (3) attempts will result in disqualification and an alternate
potential winner may be awarded, time permitting.
THE POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR AND SPONSOR’S
DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST.
Verification of Potential Winners
In order to be confirmed as a Grand Prize Winner, and without limitation of any other terms herein, the
potential Grand Prize Winner may be required to provide satisfactory proof, as determined by Sponsor in
its sole discretion, that such potential Grand Prize Winner is an eligible Entrant, including but not limited to
providing a copy of the potential winner’s government-issued identification and/or additional information
required by Sponsor in order to verify eligibility and compliance with these Official Rules. Winner will be
required to sign and return to Sponsor, within three (3) days of the date notice is sent, an affidavit of
eligibility, and a liability/publicity release (except where prohibited) in order to claim his/her prize. If any
potential Winner cannot be contacted, fails to sign and return the affidavit of eligibility and
liability/publicity release within the required time period (if required), potential Winner will forfeit the
prize.
8. PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”): Five (5) Grand Prizes: A $1,000.00
Pier 1 Imports Gift Card. ARV: $1,000.00 each. Gift cards are subject to the terms, conditions and
restrictions as printed on the card. Prizes cannot be transferred, assigned, substituted, or redeemed for cash.
Taxes on the prize are solely the winner’s responsibility.
9. Entry Conditions and Release: By entering, each entrant agrees to: (a) comply with and be bound by
these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to
this Contest; (b) release and hold harmless the Contest Entities 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 participant’s entry, creation of an entry or
Photo of an entry, participation in the Contest, the Photo, acceptance or use or misuse of prize and/or the
broadcast, exploitation or use of entry or the Photo; and (c) indemnify, defend and hold harmless the
Contest Entities from and against any and all claims, expenses, and liabilities (including reasonable
attorneys fees) arising out of or relating to an entrant’s participation in the Contest and/or entrant’s
acceptance, use or misuse of prize or any portion thereof.
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any
part of it, for any reason whatsoever, including, without limitation, fire, flood, natural or man-made
epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public
enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or
undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of
any court or jurisdiction or 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. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the
winner using the Judging Criteria above from all eligible, non-suspect entries received as of the date of the
event giving rise to the termination. Inclusion in such judging shall be each entrant’s sole and exclusive
remedy under such circumstances. Sponsor reserves the right in its sole discretion to disqualify any
individual 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. Only the type and quantity of prizes
described in these Official Rules will be awarded. The invalidity or unenforceability of any provision of
these 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 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. Sponsor’s failure to enforce any term of these Official Rules shall not constitute
a waiver of that provision.
11. Limitations of Liability: The Contest Entities as set forth above 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 the processing of entries; 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. If for any reason an entry
is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole
remedy is another entry in the Contest, provided that if it is not possible to award another entry due to
discontinuance of the Contest, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold
judging from among all eligible entries received up to the date of discontinuance for any or all of the Prizes
offered herein. Entrant further agrees and acknowledges that Sponsor reserves the right to forfeit or award
any unclaimed or leftover Prize at its sole discretion.
12. Disputes/Governing Law: Entrant agrees that: (i) any and all disputes, claims and causes of action
arising out of or connected with this Contest, other than those concerning the administration of the Contest
or the determination of winner or for any disputes arising from the loss or injury from the participation in a
Prize, shall be resolved individually, without resort to any form of class action; (ii) any disputes arising out
of these Official Rules (except for any disputes arising from the loss or injury from the use of Prizes) shall
be submitted to final, binding arbitration conducted in Texas, under the Arbitration Rules and Procedures of
the Judicial Arbitration and Mediation Services Inc. before a single, neutral arbitrator who is a former or
retired Texas state or federal court judge with experience in entertainment matters who shall Texas law and
the Federal Rules of Evidence and have no authority to award punitive damages. Either party may enforce a
final arbitration award in any court of competent jurisdiction in Texas, including an award of costs, fees
and expenses incurred in enforcing the award. Notwithstanding the foregoing, Contest Entities shall be
entitled to seek injunctive relief (unless otherwise precluded by any other provision of these Official Rules)
in the state and federal courts of Texas. Any dispute or portion thereof, or any claim for a particular form of
relief (not otherwise precluded by any other provision of these Official Rules), that may not be arbitrated
pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in Texas;
(iii) 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 (iv) 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 Texas, without giving effect to
any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which
would cause the application of the laws of any jurisdiction other than the State of Texas.
13. Contest Winners: For the Contest Winners’ names (available after July 7, 2019), send a hand-printed,
self-addressed, stamped envelope by July 30, 2019 to: Winners List, Pier 1 Style Your Summer Photo
Contest, Attention: Social Marketing Team, Pier 1 Services Company, 100 Pier 1 Place, Fort Worth, TX
76102.
14. Official Rules: For a copy of these Official Rules send a hand-printed, self-addressed, stamped
envelope by June 18, 2019 to: Official Rules – Pier 1 Style Your Summer Photo Contest, Attention: Social
Marketing Team, Pier 1 Services Company, 100 Pier 1 Place, Fort Worth, TX 76102. A copy of the Rules
may also be obtained by printing this Website.
15. Sponsor: Pier 1 Services Company, 100 Pier 1 Place, Fort Worth, TX 76102.