ASSOCIATED WITH INSTAGRAM, LLC (“INSTAGRAM”).
NOTE TO ALL MINOR PARTICIPANTS: YOU MUST ASK YOUR PARENT OR LEGAL
GUARDIAN FOR PERMISSION TO PARTICIPATE.
BY PARTICIPATING IN THE CAMPAIGN, YOU AGREE TO THESE TERMS, WHICH ARE A
BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING. THIS
CAMPAIGN IS SPONSORED BY PARLUX LTD. (“SPONSOR”).
1. Campaign Period. The Campaign begins at 12:00a.m. Eastern Time (“ET”) on
September 22, 2015 and ends at 11:59p.m. ET on November 30, 2015 (the “Campaign
2. How to Participate. During the Campaign Period, take a rhinoceros-themed
photograph (“Photograph”) and post it on Instagram with the unique hashtag
“#EckoRhinoRescue”. Photographs need not be limited to pictures of an actual
rhinoceros; any image supporting the cause of “Rhino Rescue” is acceptable. Participants
agree not to endanger or harm any animals, including but not limited to the rhinoceros, in
taking the Photograph and otherwise participating in the Campaign. Sponsor may not
receive Photographs that fail to strictly follow the posting instructions set forth in these
Terms and Sponsor is not responsible for failure to see or receive an entry. NOTE:
Sponsor may not receive submissions from Instagram users with “private” account
settings (i.e., user has set their Instagram Account so that only people the user has
approved can view their photos) due to the way Instagram operates its service.
Messages not received by Sponsor will not be counted. Each Photograph must comply with
the requirements set forth below.
-Submissions must comply with these Terms and the terms of service, privacy notice
and/or other applicable rules of Instagram.
-Except for materials that are in the public domain, each submission, in its entirety,
must be a single work of original material created by the entrant and suitable for
presentation in a public forum.
-Submissions must not include material that: (a) is sexually explicit, indecent, obscene, violent, hateful, tortuous, defamatory, slanderous or libelous, (b) is derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (c) invades the privacy or publicity rights of any person, living or deceased, (d) is unlawful, (e) is harmful to other users of the website utilized by entrant such as viruses, Trojan horses or other technologies that could adversely impact the Campaign, and/or (f) is disparaging to Sponsor, Save the Rhino International or the ECKO brand.
-Each submission should not reveal any personal information about another individual, including another person’s address, phone number, email address, credit card number or any information that may be used to track, contact or impersonate that individual.
-Participants must have permission from any individuals that appear in their submission (e.g., family members, friends, or others), and must not submit a Photograph that if selected cannot be licensed or assigned to Sponsor.
3. Sponsor Contribution. At the conclusion of the Campaign Period, Sponsor shall contribute one dollar ($1.00) for every unique Photograph posted to the hashtag #EckoRhinoRescue, up to the limit of ten thousand dollars ($10,000.00), to the charity Save the Rhino International (www.savetherhino.org) (Registered Charity Number: 1035072), located at Unit 5, Coach House Mews, 217 Long Lane, London, UK. The purpose of the Campaign is to raise funds for Save the Rhino. There are no individual prizes for participating in the Campaign.
4. Intellectual Property. Participants hereby irrevocably grant to Sponsor a non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Photograph, and all images, text and materials depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised, worldwide, including, without limitation, the right to display, reproduce, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to participants.
5. Representations, Warranties and Indemnity. Each participant represents and warrants that he or she has read, understands and will follow the Terms. Entrants further represent and warrant that their submission and all materials and matter therein: (a) (except for elements that are within the public domain) are wholly original with such entrant and are not a copy or imitation of any other material; (b) will not infringe or violate any right whatsoever, including, without limitation, any personal rights or any property rights of any person or entity and the use thereof will result in no third party liability or obligations; and (c) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof.
6. Tampering with the Campaign. Sponsor is not responsible for the actions of participants in connection with the Campaign.
7. Waivers, Disclaimers and Releases. By participating in the Campaign, participants agree to release, discharge and hold harmless the Sponsor, and each of its respective directors, officers, employees, agents, successors and assigns from and against any and all claims, liabilities, costs, losses, damages or injuries of any kind arising out of or related to their participation in the Campaign.
8. Governing Law / Limitation of Liability. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms or in connection with the Campaign 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.