Where Am I…San Diego Rules

The following rules and regulations (the “Official Rules”) govern the Instagram lanysd “Where Am I San Diego” Contest 

NO PURCHASE NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES, THE DISTRICT OF COLUMBIA AND PUERTO RICO WHO ARE 13 YEARS OF AGE OR OLDER.  VOID WHERE PROHIBITED OR RESTRICTED BY LAW. 

1. HOW TO ENTER: The Contest will start on the date @lanysd contributor (“Contributor”) makes a post (“Post”) to Instagram™ featuring “Where Am I…San Diego” content.  You may enter the Contest by (i) following the official lanysd account (@lanysd) on the free Instagram™ application through your mobile device (Entry may be subject to fees under the terms of the entrant’s mobile device subscription plan; contact your carrier for pricing plans and details), (ii) posting a guess as to where in San Diego the content was shot – actual location (iii) completing any additional entry requirements outlined in the Post (“Entry” or “Entries”).  ALL ENTRIES MUST BE MADE IN ACCORDANCE WITH THESE OFFICIAL RULES AND BE RECEIVED BY 11:59 PM (PST) ON THE BY CLOSE OF CONTEST, TO BE INCLUDED IN THE SELECTION.
2. Contest PERIOD; DEADLINE FOR SUBMISSION OF ENTRIES:  The Contest runs from the date of the Post, through 11:59 p.m. (PST). Entries must be received by 11:59 p.m. Pacific Time on the day before the drawing to be included in the selection. This is an ongoing contest with numerous winners. One winner will be randomly drawn per contest period. Start and End deadlines are at the sole discretion of the Contributor.
3. ELIGIBILITY; PERSONAL INFORMATION:  Open and offered only to legal residents of the 50 United States, D.C. and Puerto Rico who, as of the Post date, are at least 13 years of age. No mechanically reproduced Entries will be accepted. The Contest is subject to all applicable laws and regulations and is in no way sponsored, endorsed or administered by, or in association with, Instagram™ or any event organizer. The Instagram™ trademarks displayed in these Official Rules are property of Instagram, Inc. 

Entrants who are not the legal age of majority in his/her jurisdiction of residence (in the case of Alabama, this means less than 19 years of age, in the case of Mississippi, this means less than 21 years of age, in the case of Nebraska, this means less than 19 years of age or upon marriage, and in the case of Puerto Rico, this means less than 21 years of age) must have a parent or guardian’s permission to participate and provide personal information. The Promotion Sponsor may utilize each entrant’s personal information based on which opt-in(s) the entrant has selected to receive future e-mail or text messages. All Entries become the property of the Promotion Sponsor.  Entries will be deemed as made by the authorized account holder of the e-mail address submitted at the time of Entry. The authorized account holder is the natural person who is assigned to the e-mail address by an Internet access provider, online service provider, mobile service provider or other organization that is responsible for assigning email addresses or domains associated with the submitted information.

4. PRIZE WINNER: One (1) winner will be selected by a random drawing conducted by @lanysd on or about the day after the Contest Period ends, from all eligible Entries received within the Contest Period.  The drawing will be final and binding on all matters related to the Contest.  Eligible Entries are fully completed Entries received during the Contest Period and that otherwise meet the requirements described in these Official Rules. A winner does not need to be present at the drawing and will be notified by direct message on Instagram™ from Contributor’s official Instagram™ account on or about the day after the Contest Period ends, of their name being drawn.  Upon notification, a winner must claim his or her prize by sending a direct message to the Contributor’s official Instagram™ account with contact information.  If a winner does not respond within three (3) days of notification, the Contributor may select an alternate winner from the remaining eligible Entries.  A winner’s prize will be available no later than one (1) month from the end of the Contest Period.
5. PRIZE: A total of one (1) prize will be awarded.  The odds of winning the prize depend on the number of Entries received during the Contest Period.  The following prize will be awarded:

Exactly one (1) prize consisting of the following: one digital $25 Gift Certificate at @lanysd’s discretion.

General Prize Conditions: Prizes are awarded “as is” with no warranty or guarantee, either express or implied.  Any federal, state and local taxes on any prize and all costs and expenses associated with prize acceptance and use not expressly specified herein as being provided are the sole responsibility of the respective winner.  There is a limit of one (1) prize per household or family per calendar year.  Each prize is non-transferable and may not be redeemed for cash by the winner.  The difference between any stated value and the actual value of a prize will not be awarded to the winner.  No prize substitutions shall be permitted except at the Promotion Sponsor’s sole discretion. The Promotion Sponsor reserves the right to substitute a prize (or portion thereof) of comparable or greater value, in its sole discretion.  All prize details are at the Promotion Sponsor’s sole discretion. If a prize is rejected or returned by a winner, the prize may be awarded to an alternate winner selected at random from the remaining Entries. 

6. WINNER REQUIREMENTS: The winner will be required to sign and return an Affidavit of Eligibility, Liability Release and, where legally permissible, a Publicity Release (together with any other documents that may be requested by the Promotion Sponsor), which must be returned along with valid proof of age or an alternate winner for that prize may be chosen.  If the winner is not the legal age of majority in his/her jurisdiction of residence (in the case of Puerto Rico, this means less than 21 years of age), the prize may be awarded to or in the name of, a parent/legal guardian who must execute all documents and agree to all obligations and undertakings of the winner, both on behalf of himself/herself and the winner, or the prize may be forfeited and awarded to an alternate winner.
7. LIMITATIONS OF LIABILITY; RELEASE AND INDEMNIFICATION:  The Promotion Sponsor is not responsible for any: (a) telephone, computer system, hardware, software, network or other technical failure, malfunction or error; (b) communication disruption or delays, including those related to or caused by Internet traffic, virus, bug, non-authorized intervention or human error; or (c) damage caused by computer virus or bug, resulting in damage to any computer or cell phone from an entrant’s access or the Contest Website.  The Promotion Sponsor further is not responsible for printing or typographical errors in any Contest-related materials; for stolen, lost, late, misdirected, damaged, incomplete, illegible Entries; or for transactions that are lost, misdirected, or fail to enter into the processing system, or that are processed, reported or transmitted late or incorrectly, or that are lost for any reason, including, without limitation, computer, telephone, paper transfer, or human error; or for electronic, computer, or telephonic malfunction or error.  Each winner acknowledges that the Promotion Sponsor has neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose.

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF Contest IS A VIOLATION OF CIVIL LAW. SHOULD AN ATTEMPT BE MADE, THE PROMOTION SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. The Promotion Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and/or to cancel, terminate, modify or suspend the Contest or any element thereof and the Promotion Sponsor may select to award the Grand Prize using all eligible, non-suspect entries received as of the date of action requiring such termination. Should any provision of these Official Rules be deemed unenforceable or invalid, the other provisions of these Official Rules shall remain in full force and effect.

By participating in the Contest, each Entrant agrees to indemnify and hold harmless all Contest Entities (defined as the Promotion Sponsor, and all sponsors and administrators of the Contest, along with their respective parent entities and subsidiaries, affiliates, successors, assigns, directors, officers, employees, attorneys and agents) from and against any and all injuries, losses, damages, claims and actions of any kind arising from or relating to participation in the Contest, or acceptance, possession, use, misuse or nonuse of any prize that may be awarded, including, without limitation, actual, direct, indirect, consequential, punitive, special, or other damages.  By accepting a prize, each winner further releases all of the Contest Entities from any and all claims, liability, loss or damage arising out of or in connection with the awarding, receipt, possession and/or use or misuse of any prize or participation in any prize-related activity.

8. RIGHT TO CANCEL OR SUSPEND Contest; DISQUALIFICATION:  The Promotion Sponsor reserves the right, in its sole discretion, to cancel or suspend this Contest in whole or in part, without advance notice (in the case of Puerto Rico, the Secretary of the Department of Consumer Affairs (“DACO”) will be notified in advance and cancellation or suspension is subject to DACO’s authorization) should virus, bugs, technical malfunctions or other causes beyond the Promotion Sponsor’s control corrupt the administration, security or proper play of the Contest.  Persons found tampering with or abusing any aspect of this Contest, or whom the Promotion Sponsor believe to be causing malfunction, error, disruption or damage, or who is not in compliance with these Official Rules will be disqualified and any associated prize claim will be void.

9. RIGHT TO USE NAME, PHOTO AND LIKENESS:  By accepting a prize, each winner and guest (and, if an eligible minor, his/her parent or legal guardian) consents to the use of their respective names, cities and states of residence, photos and/or likenesses in any and all media, now or hereafter devised, worldwide, in perpetuity, by the Promotion Sponsor for advertising and promotional purposes without additional compensation, notification or permission, except where prohibited.

10. RULES LIST: will be posted at: https://bernardlinden-southerncalifornia.sites.cbmoxi.com/waisd-rules

11. WINNER’S LIST: will be posted at: https://bernardlinden-southerncalifornia.sites.cbmoxi.com/waisd-winners

12. GOVERNING LAW, DISPUTE RESOLUTION: The Contest will be governed by California law.  Any and all disputes regarding the Contest or these Official Rules will be settled by final and binding arbitration in San Diego County, California, pursuant to the rules and procedures of the American Arbitration Association (in the case of Puerto Rico, any and all disputes can be filed before DACO).  Except as expressly provided in the Contest to arbitrate, no claim may be joined with another dispute or lawsuit, or consolidated with the arbitration of another claim, or resolved on behalf of similarly situated persons, or brought as private attorney general or on another similar representative basis. For any claim subject to arbitration, you may not participate in a class action in court or in a class-wide arbitration, either as a plaintiff or claimant, class representative or class member

13. GENERAL:  Each person who participates in the Contest fully and unconditionally agrees to comply with and abide by these Official Rules and the decisions of the Promotion Sponsor, which shall be final and binding in all respects.

14. SPONSOR: Bernie Linden, Realtor DRE #01358914. 16787 Bernardo Center Dr., Suite 6, San Diego, CA, 92128.