Social Media Contest 2021

USF GIVING WEEK PROMO
OFFICIAL RULES

1.    NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. The Giving Week Promo (the “Promotion”) is sponsored by University of South Florida Foundation, Inc. (the “Foundation”). 

2.    Promotion is only offered in United States and the District of Columbia (the "Promotion Area"). Void outside Promotion Area and where prohibited.

3.    Promotion is subject to all federal, state and local laws. The Foundation shall be entitled to interpret these Official Rules as needed — including but not limited to rules regarding entries, entry or other deadlines, winner selection, prize restrictions, and eligibility — and all its decisions are final and binding in all Promotion-related matters. By participating, you irrevocably, fully and unconditionally agree to be bound by these Official Rules and the decisions of the Foundation and waive any right to claim ambiguity in these Official Rules and/or any other Promotion-related advertising or materials. 

4.    Promotion begins on April 5, 2021 at 12:01 AM Eastern Time (“ET”). Final entry deadline is April 9, 2021 at 11:59 PM ET. Drawings to determine potential winners (each a “Drawing”) will be held each day starting on April 6, 2021 and ending on April 10, 2021. The Foundation’s computer is the official time-keeping device for this Promotion.

ELIGIBILITY

5.    To be eligible, each entrant must be eighteen (18) years old or older and a legal United States resident living in the Promotion Area.

6.    Not eligible to enter or win are employees, officer, directors, agents, representatives, and volunteers of the Foundation, the USF Foundation’s Board of Directors (the “Foundation Board of Directors”), any prize provider(s), any other entity directly involved in the development or administration of the Promotion, and the members of their immediate families (defined as spouse, parent, sibling and child) and households. The term “household” includes all persons residing together in a single residence, whether or not related.

PRIZES & ODDS

7.    Prizes (5): Assorted USF-themed merchandise. ARV: $60.00.

8.    Limit one (1) prize per person. The odds of winning depend on the number of entries received.
 
PRIZE RESTRICTIONS

9.    All prize details shall be at the Foundation’s sole discretion. Each prize consists only of those items specifically listed above as part of that prize. Each winner assumes sole responsibility for all expenses and incidental costs associated with the prize not explicitly outlined above, including without limitation, all federal, state and local taxes (if any), surcharges, and fees. Any person who wins prizes through any Foundation-sponsored promotions with cumulative value equal to or greater than $600 in a calendar year will receive a Form 1099-MISC or other required tax document(s). 

10.    Prizes are not exchangeable or redeemable for cash and may not be sold, bartered or auctioned. The right to receive any prize is not transferrable. Any prize or portion thereof not used or accepted by any winner is forfeited and no cash or substitute will be offered or permitted, unless required by law. Prizes may not be substituted except that the Foundation in its discretion may substitute a prize, or portion thereof, with a prize or portion of equal or greater value if it deems necessary. Any such changes will be announced.

11.    Merchandise prizes or prize components offered are provided “as is” with no warranty or guarantee either express or implied by the Foundation except as provided by its or their respective manufacturers. The Foundation has neither made nor is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prizes. Other restrictions apply.

TO ENTER

12.    You must have an active Instagram account to enter. You may register for a free Instagram account at https://www.instagram.com. Participation is subject to all Instagram terms and conditions. Instagram is not a sponsor or endorser of this Promotion or the Foundation. 

13.    Entries will be accepted beginning April 5, 2021 at 12:01 AM ET and ending on April 9, 2021 at 11:59 PM ET (the “Entry Period”). To enter, visit https://www.instagram.com/usfbold during the Entry Period, and watch for a post by the Foundation about the Promotion. When you see the post, add your comment to it with the hashtag #contestentry to receive one (1) entry (“Regular Entry”); tag a friend (one (1) only please) in your comment to receive one (1) bonus entry (“Bonus Entry”). 

This is the only method of entry. Entries will not be accepted via e-mail, U.S. mail or any other method. 

14.    IMPORTANT: DATA RATES MAY APPLY TO USE OF ANY MOBILE PHONE OR DEVICE TO PARTICIPATE IN THE PROMOTION. WIRELESS SERVICE MAY NOT BE AVAILABLE IN ALL AREAS.

15.    To be included in any drawing, entries must be received by 11:59 PM ET on the day preceding the scheduled Drawing. Proof of sending is not proof of receipt by the Foundation. The Foundation will not accept screen shots as proof of entry. 

16.    Non-winning entries will carry forward to subsequent drawings, if any. Limit one (1) Regular Entry and one (1) Bonus Entry per person. Additional entries received from any such person thereafter will be subject to disqualification. Any use of robotic, repetitive, automatic, programmed, mechanical, script, macro, or any other automated means or similar entry methods or agents (including, but not limited to, contest-entry services or multiple or different e-mail addresses, or the submission of false contact information under multiple or different e-mail addresses, identities, registrations, accounts or logins) or any other devices or artifices to enter or encourage, directly or indirectly, multiple or false entries are prohibited and suspected or detected entry method violations may void some or all entries submitted by that entrant, in the Foundation’s sole discretion. No group submissions will be accepted. 

17.    Entries must be associated with a valid Instagram and e-mail address for the entrant. The Foundation is not responsible for electronic communications that are undeliverable because of any form of passive or, as to e-mail, active filtering of any kind. In the event of a dispute as to the identity or eligibility of a winner based on an Instagram account, the entry will be deemed made by the “Authorized Account Holder” of the Instagram account used for entry. The Authorized Account Holder is the natural person who is assigned to the Instagram account by Instagram. In the event of a dispute as to the identity of any entrant, the potential winner agrees to furnish requested documentation confirming his/her status as the Authorized Account Holder.

18.    Entrants who fail to provide any required information may be disqualified without further notification by the Foundation. The Foundation is not responsible for entries that are lost, misdirected, undelivered, garbled, distorted, truncated, incomplete, illegible, incorrect or late for any reason, and all such entries are void. The Foundation reserves the right, in its sole discretion, to disqualify any entry at any time that in its sole opinion does not comply with these Official Rules. Entries become the property of the Foundation and will not be returned or acknowledged.

19.    The information that you provide in connection with the Promotion may be used by the Foundation in accordance with its Privacy Policy, which is found at https://foundation.usf.edu/here/privacy-policy and which may be updated from time to time.

WINNER SELECTION, NOTIFICATION & VERIFICATION

20.    Each day starting on April 6, 2021 and ending on April 10, 2021, or within a reasonable time thereafter, the Foundation or its designee will randomly choose one (1) Instagram user alias from all timely entries received, for a total of five (5) Instagram user aliases. Subject to verification of eligibility, the persons whose Instagram user aliases are so drawn will be declared the winners. The Foundation reserves the right to award fewer than the stated number of prizes if it does not receive an adequate number of properly submitted and eligible entries. 

21.    The Foundation will contact each potential winner either by replying to his or her comment or via direct message from the Foundation’s Instagram account. Each potential winner must respond to such notification within forty-eight (48) hours with and provide his or her e-mail address, full name, complete mailing address (street addresses only; no P.O. Boxes will be accepted) and/or any other requested contact information. Each potential winner may be required to present valid photo identification and/or to execute and return an affidavit or declaration of eligibility, liability waiver, publicity release (where legal), tax forms and/or other legal documents (the “Verification Paperwork”) to the Foundation within ten (10) days after initial notification and as a condition of receiving prize. The Foundation in its sole discretion may allow for transmission of Verification Paperwork via fax or e-mail.

22.    Prizes will be shipped via United States mail or other carrier to the verified winners to the addresses provided within the Promotion Area. If applicable, the Foundation, its discretion, may permit a verified winner to authorize, in writing, another adult to pick up his or her prize; however, such winner must agree to release and hold Released Parties (as defined below) harmless from all liability for prize claimed by his or her authorized designee and winner’s designee will be required present photo ID. Upon fulfilling prize, the Foundation will be deemed to have awarded the prize to such winner and he or she assumes full responsibility for the prize.

23.    If any potential winner (a) cannot be contacted directly by, or does not respond to, the Foundation or its designee within the time stated above, (b) fails to satisfy any eligibility or verification requirement herein, (c) declines to accept the prize, or (d) is otherwise determined to be ineligible, the Foundation in its discretion may disqualify that individual and an alternate winner will be chosen by random drawing as soon as reasonably practicable after such disqualification. Alternate winners are subject to all eligibility requirements and restrictions of these Official Rules. The Foundation will make up to three (3) attempts to verify an alternate winner for any prize. If the Foundation is unable to verify an alternate winner for any prize after three (3) attempts, no further attempts will be made for that prize and that prize will not be awarded.

24.    The Foundation may, in its sole discretion, post the verified winners’ names on the Promotion Page and/or any of the Foundation’s websites, including https://foundation.usf.edu/, and/or on any of the Foundation’s social media pages or channels, and broadcast them on any of its stations. Except as provided in these Official Rules or otherwise required by law, the Foundation is not responsible for entering any correspondence or discussion regarding any Promotion results.

PUBLICITY RELEASE

25.    By accepting a prize, each winner agrees to award the Foundation the right to publicize his or her name, photographs (including the use and appearance of his or her photograph on the Foundation’s websites), likeness, biographical information, e-mail address, voice and details of winning and/or participation for purposes of this and future promotions without further compensation, except where prohibited. 

LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES

26.    By entering the Promotion and/or accepting a prize, you agree that the Foundation, the Foundation Board of Directors, University of South Florida (“USF”), USF’s Board of Trustees, the Florida Board of Governors, the State of Florida, Instagram, Facebook, Inc. (“Facebook”), any other company involved in the development or administration of this Promotion, and a range of subsidiaries, agencies, affiliates, franchisees, promoters, prize suppliers, directors, officers, employees, agents and related persons (collectively, the “Released Parties”): (a) are not responsible for technical failures of any kind, including but not limited to lost, disconnected, interrupted, or unavailable network, server, or other connections, late, lost, undeliverable, damaged or stolen mail, or for any failed telephone or computer hardware or software, or for any failed, delayed, misdirected, corrupted, or garbled transmissions or errors of any kind, whether human, mechanical, or electronic, or for entries that for any reason are not properly submitted or received by the Foundation by any deadline stated above; (b) are not responsible for any incorrect or inaccurate information, whether caused by entrants or other participants, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Promotion or in the printing of this offer, administration of this Promotion, or in the selection or announcement of the winners or prizes; (c) are not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation in this Promotion or downloading of any software or materials; (d) are not responsible for unauthorized human intervention in any part of the Promotion; (e) are not responsible for any unauthorized third-party use of any entry materials; (f) are not responsible for the inability to select any winners because of postal failure, equipment failure, or data storage failure; and (g) are not responsible for any printing, typographical, technical, computer, network or human error that may occur in the administration of the Promotion, the acceptance of entries, the selection of the winners, award of the prizes or otherwise in any Promotion-related materials.

27.    RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RELEASED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO ANY PRIZE. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE PROMOTION OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF ANY PRIZE OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE PROMOTION OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PROMOTION. 

28.    By entering the Promotion and/or accepting a prize, you agree to release and hold Released Parties harmless from any and all alleged, existing, or future actions, claims, and/or liabilities of whatever nature including, but not limited to, personal injury, bodily injury (including, without limitation, wrongful death and disability), property damage, and expense (including, without limitation, reasonable attorneys’ fees) and loss or damage of any other kind, relating to or arising from, in whole or in part, directly or indirectly, (a) your participation or inability to participate, in the Promotion or any Promotion-related or prize-related activity; (b) the use by Released Parties (including modification, adaptation, and reproduction) of entry materials during or after the Promotion; (c) the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of any prize or any part thereof; and (d) any other claim or cause of action you may have against any Released Party. If, for any reason, any individual’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, that individual’s sole remedy is another entry, if it is possible.

29.    BY ENTERING THE PROMOTION AND/OR ACCEPTING A PRIZE, YOU FURTHER AGREE THAT (A) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE PROMOTION, BUT IN NO EVENT ATTORNEYS' FEES; AND (C) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM,  ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED AND ANY DAMAGES OTHER THAN ACTUAL OUT-OF-POCKET COSTS AS DESCRIBED ABOVE.

30.    SOME STATES DO NOT ALLOW LIMITATIONS ON THE ABILITY TO PURSUE CLASS ACTION REMEDIES, OR ON CERTAIN KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

MISCELLANEOUS

31.    Note: The Foundation reserves the right, in its sole and absolute discretion, to terminate or suspend all or part of this Promotion in the event that its ability to award any prizes or portions thereof is restricted or prohibited by any federal, state, local or municipal governing or regulatory body or agency, or by law or regulation, whether due to new or ongoing pandemic (e.g., Coronavirus/COVID-19), health crisis, or other causes outside of the Foundation’s control. For the avoidance of doubt, the Foundation’s failure or inability to award any prize offered, or otherwise to otherwise comply with any provision of these Official Rules as a result of the foregoing or of act of God, act of domestic terrorism, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the Foundation’s control (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.

32.    Without limiting the foregoing, the Foundation reserves the right to cancel, suspend or terminate this Promotion, or any part thereof, if the Foundation determines, in its sole discretion, that the security, administration, fairness and/or operation of the Promotion has been corrupted or impaired by any non-authorized intervention, network failure, information storage failure, telecommunications failure, regularly scheduled maintenance, malfunction, or any other cause beyond the Foundation’s control. In such an event, the Foundation will post notice of same at the Promotion Page and select the winners at random from all non-suspect entries received prior to the suspension, cancellation or termination of the Promotion or in such other manner as the Foundation, in its sole discretion, deems fair and appropriate under the circumstances. 

33.    The Foundation reserves the right to disqualify any individual from further participation in the Promotion if the Foundation concludes, in its sole discretion, that such person (a) has attempted to tamper with the entry process or other any operation of the Promotion, (b) has repeatedly disregarded or has attempted to circumvent these Official Rules, or (c) has acted towards the Foundation or any other entrant or other participant in an unfair, inequitable, deliberately annoying, threatening, disrupting or harassing manner. Tampering includes attempting to enter more than the number of times permitted herein, including by using any prohibited device or method. Any failure by the Foundation to enforce any of these Official Rules shall not constitute a waiver of such Official Rules.

34.    ANY ATTEMPT BY ANY INDIVIDUAL TO DEFRAUD, TAMPER WITH, OR DELIBERATELY UNDERMINE, THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND THE FOUNDATION RESERVES THE RIGHT TO PURSUE ANY AVAILABLE DAMAGES OR REMEDIES AGAINST SUCH INDIVIDUAL AND/OR REFER SUCH MATTERS TO LAW ENFORCEMENT FOR PROSECUTION TO THE FULLEST EXTENT PERMITTED BY LAW.

35.    All activity arising out of and relating to the Promotion, including any reference to the status of any person as a "winner" is subject to verification and/or auditing for compliance with the Official Rules. If the Foundation determines, in its sole discretion, that verification or auditing activity evidences non-compliance of an entry and/or entrant with the Official Rules, the Foundation reserves the right to disqualify such entry and/or entrant from the Promotion and any prize at any time. the Foundation reserves the right to conduct a background check on any or all potential winners and to disqualify any individual based on such background check if the Foundation determines, in its sole discretion, that awarding a prize to any such individual might reflect negatively on the Foundation. Each entrant agrees to cooperate with the Foundation and its representatives in connection with all verification, auditing and/or background check activities.

36.    The Foundation reserves the right to correct typographical, printing or clerical errors in any Promotion-related materials. No more than the stated number of prizes will be awarded. If production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, the Foundation reserves the right to award only the stated number of prizes by a random drawing from among all legitimate, un-awarded, eligible prize claims.

DISPUTES

37.    All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants or other participants or Released Parties in connection with the Promotion, shall be governed by Florida law, without giving effect to any choice of law rules that would cause the application of the laws of any jurisdiction other than Florida. 

38.    By entering the Promotion, you expressly (a) agree that any legal proceedings arising out of or relating in any way to this Promotion or these Official Rules shall be brought only in the federal or state courts located in Hillsborough County, Florida, and (b) consent to the mandatory and exclusive jurisdiction in such courts with respect to any such legal proceedings.

39.    In the event of any discrepancy or inconsistency between any terms or conditions of these Official Rules and any disclosures or other statements contained in any other Promotion-related materials, including but not limited to the Promotion entry forms, or point of sale, television, print, mobile or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control. If any provision of these Official Rules is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. 

TRADEMARKS

40.    Any third-party trademarks mentioned herein are the property of their respective trademark owners and the use or mention of any such third-party trademarks in these Official Rules or in the Promotion is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Promotion. Neither Instagram nor Facebook are sponsors of this Promotion or of the Foundation. 

WINNERS’ LIST/OFFICIAL RULES

41.    For a copy of the Official Rules or the final Winners’ List, visit the Promotion Page or mail a SASE to: Giving Week Promo c/o the Foundation, 4202 E. Fowler Ave., ALC100, Tampa, Florida 33620, specifying either “Winners’ List” or “Official Rules.” Final Winners’ List will be available after May 10, 2021.

42.    Sponsor: University of South Florida Foundation, Inc.