account, download the free app from Google Play or the Apple App Store on your mobile device and follow the on-screen in
BERKELEY COLLEGE Graduation Photo Sweepstakes Official Rules TO ENTER Follow @BerkeleyCollege on Instagram and post a photo of yourself at Berkeley College’s (“Berkeley”) Commencement Ceremony between 8:00AM (EST) and 11:59PM (EST) on Friday, May 5, 2017. Share your photo on Instagram tagged with @BerkeleyCollege, #BerkeleyGrad2017 and #Sweepstakes. Be sure that your Instagram settings are made public during the Sweepstakes. You can unfollow @BerkeleyCollege and change your settings back to private once the winner has been announced. To open an Instagram account, download the free app from Google Play or the Apple App Store on your mobile device and follow the on-screen instructions. Certain wireless phone charges or data charges may apply. Consult your wireless service provider. You must agree to Instagram’s Terms of Use and Privacy Policy, available at: http://instagram/legal/terms and http://instagram.com/about/legal/privacy/.
SPONSOR The sponsor (“Sponsor”) of this sweepstakes is Berkeley College, located at 44 Rifle Camp Road, Woodland Park, NJ 07424. This Sweepstakes is in no way sponsored, endorsed, administered by or associated with Facebook, Instagram or Twitter. Any and all questions, comments or complaints regarding the Sweepstakes must be directed to Sponsor. All third party trademarks referenced in the administration of this Sweepstakes are property of their respective owners. Sponsor’s use of such trademark(s) is solely to describe the Sweepstakes process.
ELIGIBILITY This Sweepstakes is open to all Berkeley College graduating students who are 18 years of age or older and legal residents of one of the 50 states or the District of Columbia at the time of entry (“Entrants”). In order to enter the Sweepstakes and/or receive a prize, Entrants must fully comply with the Official Rules. By entering and by using the hashtags listed above, Entrants represent and warrant that they agree to be bound by these Official Rules and the decisions of the Sponsor shall be binding and final in all respects relating to this Sweepstakes. Winning the prize is contingent upon fulfilling all requirements. Proof of enrollment, residency and age may be required. All employees of Sponsor and its respective affiliates, promotional agencies, and the immediate family of such individuals, are not eligible to enter. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, stepsiblings, or spouses. Sweepstakes is void wherever prohibited by law.
SWEEPSTAKES RULES 1. NO PURCHASE OR PAYMENT IS REQUIRED FOR PARTICIPATION. PURCHASE WILL NOT AFFECT CHANCES OF WINNING. 2. Only digital photos uploaded to Instagram will be accepted. Entries must comply with Instagram’s Terms of Service. 3. There is no limit on the number of photos that may be submitted by each Entrant. 4. Photos that cannot be viewed due to privacy settings will be disqualified. 5. Sponsor reserves the right, in its sole discretion, to reject any submission if it is deemed to be inappropriate in content. Photos may not: a. Be hateful, tortious, discriminatory, defamatory, libelous or include any nudity, sexually explicit, offensive, disparaging or other inappropriate content. b. Promote alcohol, illegal drugs, tobacco, or firearms/weapons (or the use of any of the foregoing), or any activities that may appear to be unsafe, dangerous or unlawful. c. Include any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way. d. Communicate messages or images inconsistent with the positive images and good will with which Sponsor wishes to associate, in Sponsor’s sole discretion. e. Contain any commercial endorsement or solicitation, or any content advocating for or against candidates for office, political positions, or commercial products. f.
Violate or infringe upon the intellectual property or other rights of any third party or appear to intentionally duplicate any other entries.
g. Promote bigotry, racism, sexism, hatred, or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age. h. Include any personally identifiable information, including, without limitation, name, address, email address, or phone number. i.
Use the names, likenesses, or other indicia identifying any other person, living or dead without necessary and legally binding permissions (including look-alikes).
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6. Photos must consist of original content created by the Entrant and must not contain any third party copyrighted material, trademarks or brand names without necessary and legally binding permissions. Sponsor reserves the right to request proof of these permissions in any form it so requires and at any time. Failure to provide satisfactory proof, in Sponsor’s sole discretion, may render the Photo an ineligible Entry. Photos may include Sponsor’s name, trademarks and service marks, but all such uses inure to the benefit of Sponsor. Entrants are not authorized to use Sponsor’s name, trademarks or service marks for any other purpose without Sponsor’s prior written permission.
PRIZE One (1) winner will have his or her photograph taken by Berkeley College’s Marketing Department (all photos from the winner’s photography session with Berkeley College shall be referred to herein as “Prize Photo”). The Prize Photo will be included in a digital billboard advertisement, to be displayed for approximately one (1) week along Route 80 in Paterson, New Jersey during the summer of 2017. The Prize Photo may be used in other advertising and/or marketing material for Berkeley College. No transfer, refund, cash redemption, substitution, or replacement of prize permitted by winner, except that Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value. Prizewinner is solely responsible for the reporting and payment of all applicable federal, state, and local taxes (associated with the receipt of any prize). Any portion of the prize not accepted or unclaimed by the winner will be forfeited and will not be substituted. In no event will more than one prize be awarded.
SELECTION OF WINNER The Entrant’s photo that receives the most “likes” by 11:59PM (EST) on May 5, 2017 will be notified by @BerkeleyCollege in a comment on Instagram. The potential winner must email his or her name, student ID, and phone number to
[email protected]. If the potential winner does not send his or her contact information by 11:59 PM (EST) on May 12, 2017, the prize may be forfeited without prior notice. Forfeited, unclaimed, or declined prizes may be awarded to an alternate winner, in Sponsor’s sole discretion after verification. The prize shall be awarded in the sole discretion of Sponsor. All decisions of Sponsor shall be final and will not be reviewed. The potential winner will be subject to verification of eligibility and compliance with these Official Rules, in Sponsor’s sole discretion.
ANNOUNCEMENT OF WINNER Winner will be announced on Berkeley’s website, Instagram, Facebook and Twitter pages on or about May 15, 2017.
PUBLICITY RELEASE Except where prohibited by law, by accepting a prize, winner agrees and acknowledges that Sponsor and any of its designees may, without any limitation or further compensation, use winner’s full name, city and state of residence, photograph or other likeness (as contained, for example, in either the entry or Prize Photo), entries, pictures, biographical information (in whole or in part), and/or statements made by winner regarding the Sweepstakes or Sponsor, worldwide and in perpetuity for any and all lawful purposes.
RIGHTS TO ENTRIES & LICENSE TO USE By entering this Sweepstakes, Entrants agree and acknowledge that they will maintain ownership of their entry photo(s) subject to the following license: By submitting an entry, Entrants hereby grant the Sponsor a worldwide, irrevocable, perpetual and unconditional license to use, modify, reproduce, prepare derivative works from, distribute copies of, publicly perform, publicly display, broadcast and publish his or her photo(s), in whole or in part, for any lawful use, without compensation and without obtaining further approval or permission. Except for the prize awarded in the Sweepstakes, no other compensation in any manner will be paid to an Entrant for the submission to Sponsor or Sponsor’s future use of the submission in any manner. This license expressly includes a right (but not the obligation) for Sponsor to modify entries to remove any third party intellectual property. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the entry for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. Winner acknowledges that Berkeley College will own the copyright to and all other intellectual properties connected with the Prize Photo as well as all associated rights to use, modify, reproduce, prepare derivative works from, distribute copies of, publicly perform, publicly display, broadcast and publish the Prize Photo in the manner described in the Prize and in future advertising/marketing materials, without further permission from or compensation to the Winner.
WARRANTIES AND INDEMNIFICATION OF SPONSOR By entering this Sweepstakes, Entrants represent and warrant as follows: (i) the entry is Entrant's own original work and was created solely by Entrant for the purpose of entering the Sweepstakes and that Entrant owns and controls the entry and all rights in it throughout the world; (ii) the entry, as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the entry has not been previously published, distributed or otherwise exploited; (iv) the entry does not and will not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity; (v) the entry does not contain any computer virus (as applicable) and is otherwise uncorrupted; and (vi) the
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entry does not and will not violate any applicable laws. Each Entrant hereby agrees to indemnify and hold harmless the Sponsor and its affiliated entities, and their respective trustees, directors, officers, employees, agents, successors and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from (i) the conduct or administration of the Sweepstakes; (ii) all third-party claims, actions or proceedings of any kind; and (iii) breach or alleged breach of any of the warranties, representations or agreements of Entrant hereunder.
RELEASE OF LIABILITY; DISCLAIMER OF WARRANTY By participating in the Sweepstakes, Entrants and each winner agree to release and hold harmless Sponsor, Facebook, Instagram and Twitter, and each of their affiliated entities, and their respective trustees, directors, officers, employees, agents partners, representatives, agents, successors and assigns, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, personal injury (including emotional distress), and/or death, which may occur, in whole or in part, directly or indirectly, in connection with preparation for, or participation in, the Sweepstakes, or possession, acceptance and/or use or misuse of the prize or participation in any Sweepstakes-related or prize-related activity and for any claims or causes of action based on publicity rights, defamation, invasion of privacy, or merchandise delivery.
PRIVACY All information submitted by Entrants will be treated according to Sponsor’s Internet Privacy Policy and any social media platform’s privacy policy upon which Entrants’ information may be provided. By participating in the Sweepstakes and providing other personally or non-personally identifiable information, Entrants hereby agree 1) to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Policy; and 2) Entrant is providing such information to Sponsor and not to any social media platform. In the event of any inconsistency between the Privacy Policy and these Official Rules, the Official Rules shall control.
APPLICABLE LAW; VENUE All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the Entrants and Sponsor or the Released Parties in connection with the Sweepstakes, shall be governed by, construed and enforced in accordance with the laws of the State of New Jersey without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than New Jersey. Each Entrant agrees to submit to the nonexclusive personal jurisdiction of the courts located within the State of New Jersey, which shall be the exclusive venue for the adjudication of any disputes arising in connection with this Sweepstakes.
ADDITIONAL TERMS AND CONDITIONS Sponsor reserves the right in its sole discretion to disqualify any entry that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. Use of script, macro or any device to participate is prohibited. In the event of a dispute regarding the identity of an individual who actually submitted an online entry, the entry will be deemed submitted by the authorized account holder of the email account. "Authorized account holder" is defined as the natural person who is assigned to a email account by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. The potential winner may be required to show proof of being the authorized account holder.
Sponsor reserves the right to cancel or suspend part or all of this Sweepstakes if any associated social media platform changes its rules or guidelines during the course of the Sweepstakes so as to interfere with Sponsor’s intended conduct of this Sweepstakes. If required to do so by law, changes in circumstances or considerations beyond the reasonable control of the College, including a computer virus or other technological challenge, Sponsor reserves the right to terminate the Sweepstakes early or cancel the Sweepstakes
Provisions dealing with warranties, privacy, indemnification, eligibility for and forfeiture of prize, and taxes shall survive in perpetuity.
Sponsor shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human, or technical error of any kind;(c) entries who have committed fraud or deception in entering or participating in this Sweepstakes or claiming the prize; (d) Internet, telephone, electronic, hardware, software, network or computer malfunctions, failures, or difficulties; (e) typographical, printing or other errors or omissions in these Official Rules, in any Sweepstakes-related advertisements or other materials, or other problems or errors of any kind whether computer, network, mechanical, human, electronic, typographical, printing or otherwise including, without limitation, errors or problems which may occur in connection with the administration of the Sweepstakes, in the processing of entries, in the selection or announcement of winners or in the awarding of prizes; (f) any inability of the winner to accept the prize for any reason; (g) if a prize cannot be awarded due
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to delays or interruptions due to Acts of God, natural disasters, terrorism, whether, or any other similar event beyond Sponsor’s reasonable control; or (h) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Sweepstakes or accepting the prize.
If for any reason, this Sweepstakes is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, phone malfunctions, or any other causes beyond Sponsor’s control, which affects the proper conduct of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel or suspend part or all of this Sweepstakes. Sponsor also reserves the right to disqualify any individual who tampers with the entry process. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES AT LAW OR IN EQUITY FROM ANY SUCH PERSON(S) RESPONSIBLE TO THE FULLEST EXTENT PERMITTED BY LAW.
ENTRANTS EXPRESSLY UNDERSTAND AND AGREE THAT THEIR PARTICIPATION IN THE SWEEPSTAKES IS STRICTLY VOLUNTARY AND AT THEIR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPONSOR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SWEEPSTAKES INCLUDING BUT NOT LIMITED TO ANY PRIZE, WHICH SHALL BE AWARDED ON AN “AS IS” BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY AN ENTRANT FROM EITHER SPONSOR OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY.
IN NO EVENT SHALL SPONSOR, ITS AFFILIATES, OR THEIR RESPECTIVE TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE TO ENTRANTS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF PARTICIPATION IN THIS SWEEPSTAKES WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SPONSOR OR A RELATED PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
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