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SEA WALL / A LIFE Instagram Sweepstakes

OFFICIAL RULES

No Purchase or Payment of any kind is necessary to enter or win this Sweepstakes. Open only to legal residents of the 50 United States and D.C. who are 18 years of age or older at the time of entry. U.S. law governs this sweepstakes. A Purchase does not increase the chances of winning.

Eligibility: This Sweepstakes (the “Sweepstakes”) is only open to persons who as of the dates of entry (and, if a winner, as of the date of prize fulfillment) are a legal resident of the 50 United States or the District of Columbia and who are 18 years of age or older and who enter the Sweepstakes pursuant to the “How to Enter” paragraph below. The following persons are not eligible to participate:  any employee of Nine Stories Productions, Inc. (“Sponsor”), Headstrong Project (“Headstrong”) or The Public Theater/New York Shakespeare Festival (“The Public”), or any of their parent companies, affiliates, subsidiaries, advertising and promotion agencies, and suppliers, and immediate family members and/or those living in the same household (whether or not related) of any such employee. Eligibility determinations will be made by Sponsor and will be final and binding. This Sweepstakes is subject to all applicable U.S. federal, state, and local laws and regulations. Void where prohibited.

Agreement to Rules: By participating, you agree to these terms and conditions and you represent that you meet the eligibility requirements. In addition, you agree to accept the decisions of the Sponsor as final and binding as it relates to the content of this Sweepstakes.

Sweepstakes Period: Entries will be accepted online starting on February 21, 2019 as soon as both the “Post” and the “Story” (as defined below) have been posted and ending February 22, 2019 at 11:59 AM Eastern Standard Time (the “Entry Period”). No purchase is necessary. All entries must be received prior to the conclusion of the entry period, February 22, 2019 at 11:59 AM Eastern Standard Time. Entry times will be determined using Sponsor’s computer, which will be the official clock for the Sweepstakes. Normal time rates, if any, charged by the entrant’s Internet or mobile service provider will apply.

How to Enter: To enter this Sweepstakes, during the Entry Period, entrants must visit the website located at Instagram.com/GetHeadstrong (the “Post Website”) and both follow the @GetHeadstrong Instagram account and tag the Instagram account of another Instagram user in the comments section of the “Post” on the Post Website.  The “Post” shall be defined as that certain post pertaining to the Sweepstakes posted on the Post Website on February 21, 2019.  The Post shall also be referenced in that certain Instagram story (the “Story”) posted on Instagram.com/JakeGyllenhaal (the “Story Website”) on February 21, 2019. This entry must fulfill all Sweepstakes requirements, as specified, to be eligible to win a prize (which will require the entrant to submit his or her e-mail address and such other information as Sponsor may require). Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Sponsor. Each eligible entrant who fully completes the online entry for the Sweepstakes will receive one Sweepstakes entry. There is a limit of one entry per person and per email address. By entering the content and providing your email address, Sponsor agrees it will not use this information for current or future marketing purposes or any other outreach. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Sponsor. All entries are subject to verification at any time. Proof of submission does not constitute proof of entry. Sponsor will have the right, in its discretion, to require proof of identity and/or eligibility in a form acceptable to Sponsor (including, without limitation, government-issued photo identification). Failure to provide such proof to the satisfaction of Sponsor in a timely manner may result in disqualification.

Prizes: One prize will be offered. The prize consists of a voucher for two tickets for the winner and one guest to attend a production of SEA WALL / A LIFE at The Public Theater, subject to availability. The approximate retail value (“ARV”) of the prize is Six Hundred Dollars ($600.00) USD. Actual/appraised value will depend on market conditions at time of prize award. An IRS form 1099 will be issued if required by law.  The prize consists only of the items expressly specified in these Official Rules. The specifics of the prize shall be solely determined by Sponsor in its discretion. This prize is nontransferable. Any and all prize-related expenses or costs (including without limitation, costs of meals, incidentals, and travel) and all federal, state, and/or local taxes on the value of the prize shall be the sole responsibility of the Winner. Any transportation and/or lodging is not included in the prize. If the winner is not available to attend the production on dates acceptable to Sponsor, the prize will be forfeited and an alternate winner selected.  Tickets awarded as part of the prize may not be resold, offered for resale refunded or exchanged for cash value or substitute tickets. Dates and times of performances of SEA WALL / A LIFE at The Public Theater are determined in the sole discretion of the event promoter, producer and/or venue, as applicable, and may be subject to change. The winner’s guest must be 18 years of age or older and of the legal age of majority in the jurisdiction in which the guest resides, unless the winner is the parent or legal guardian of the guest. Neither Sponsor nor Headstrong nor The Public is responsible for any cancellation or postponement of any prize-related activity. In the event the winner and/or guest engages in behavior during any prize-related activity that, as determined by Sponsor in its sole discretion, is obnoxious, threatening, disruptive, illegal, or tortious, or that subjects the winner or guest to arrest or detention, or that is intended to or does threaten or harass any other person, or that violates any applicable rules and regulations, or that in any way disparages or adversely affects the reputation, image and/or customer goodwill of Sponsor, Headstrong and/or The Public, or that otherwise violates these Official Rules, Sponsor reserves the right to remove the winner and/or guest from the applicable prize-related activity, deny the winner and/or guest attendance to any other prize-related activities and/or disqualify the winner from the Sweepstakes and require the winner to forfeit any and/or all prize components, with no further obligation or compensation whatsoever to the winner and/or guest and no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by winner or guest as a result of such conduct. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted, except in the discretion of Sponsor, which has the right to substitute the prize or any component of the prize with a prize or prize component of equal or greater value selected by Sponsor in its discretion. The prize is awarded “as is” and without any warranty, except as required by law. In no event will more than one prize be awarded.

Odds: The odds of winning depend on the number of eligible entries received.

Winner Selection and Notification: Following the conclusion of the Entry Period, one potential winner will be selected at random from among all eligible entries received during the Entry Period. The potential winner will be notified via Instagram within five (5) days following selection of Winner. Sponsor shall have no liability for winner’s failure to receive notices to spam, junk e-mail, or other security settings or for winner’s provision of incorrect or otherwise non-functioning contact information. The potential winner must respond to Sponsor’s initial notification attempt within 48 hours. The potential winner is subject to verification of eligibility and may, in Sponsor’s discretion, be required to complete, sign and return to Sponsor an Affidavit of Eligibility/Release of Liability and, if legally permissible, a Publicity Release (as applicable, “Winner Verification Documents”), within seven days of attempted delivery of same. The potential winner may also in Sponsor’s discretion be required to complete and return to Sponsor an IRS Form W-9 within seven days of attempted delivery of same. If potential winner cannot be contacted or does not respond within 48 hours of the initial notification attempt, is ineligible, fails to claim the prize within 10 days from the time the award notification was sent, or fails to timely return any required Winner Verification Documents, IRS Form W-9 or other documents within ten days of delivery of same, or if the potential winner does not otherwise comply with these Official Rules and/or cannot accept the prize as awarded for any reason, then the potential winner may be disqualified and an alternate winner may, at Sponsor’s discretion, be selected from among the remaining eligible entries as specified in these Official Rules (in which case the foregoing provisions will apply to such newly-selected entrant). Receipt by Winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal, state, and local laws and regulations.  Sponsor and/or Headstrong shall have the right, but not the obligation, to publically announce, including without limitation on the Post Website and/or the Story Website, the name and/or Instagram account of any winner or potential winner. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER AT SPONSOR’S SOLE DISCRETION WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

Rights Granted: By entering this content, you represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, you will be disqualified at the sole discretion of Sponsor. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, you shall, at your sole expense, defend, or settle against such claims. You shall indemnify, defend and hold harmless Sponsor, Headstrong and The Public from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Sponsor, Headstrong and/or The Public may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right. Sponsor reserves the right, in its sole discretion, to modify these Official Rules (including without limitation by adjusting any of the dates and/or timeframes stipulated in these Official Rules) and to cancel, modify or suspend this Sweepstakes at any time in its discretion, including without limitation if a virus, bug, non-authorized human intervention, fraud, or other cause beyond Sponsor’s control corrupts or affects the administration, integrity, security, fairness, or proper conduct of the Sweepstakes or if for any other reason Sponsor is not able to conduct the Sweepstakes as planned (including without limitation in the event the Sweepstakes is interfered with by any fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or of public enemy, communications failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, federal, state or local law, order or regulation or court order). In the event of termination of the Sweepstakes, a notice will be posted on the Post Website and/or on the Story Website and Sponsor may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor.

Terms & Conditions: Sponsor reserves the right in its sole discretion, to disqualify or prohibit any individual who in Sponsor’s discretion, Sponsor determines or believes (i) has tampered with the entry process or has undermined the legitimate operation of the Post Website, the Story Website, or the Sweepstakes by cheating, hacking, deception or other unfair practices, (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other entrant or any representative of Sponsor, Headstrong or The Public or (iii) has attempted or intends to attempt any of the foregoing. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR HAS THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY PERSON INVOLVED TO THE FULLEST EXTENT PERMITTED BY LAW. The use of agents or automated devices, programs or methods to submit entries is prohibited and Sponsor has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Sweepstakes rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws. Should such attempt be made, Sponsor, Headstrong and The Public reserve the right to seek damages to the full extent permitted by law. In the event of a dispute regarding who submitted an entry, the entry will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” means the person who is assigned an email address by an internet provider, online service provider or other organization (e.g., business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. An entrant may be required to provide proof (in a form acceptable to Sponsor, including, without limitation, government-issued photo identification) that he or she is the authorized account holder of the email address associated with the entry in question. All federal, state and local laws and regulations apply. As between any entrant and the Sponsor, all entries become the property of Sponsor and will not be verified or returned. By participating in this Sweepstakes, entrants on behalf of themselves, and to the extent permitted by law on behalf of the Entrant Parties agree to be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects. These Official Rules may not be reprinted or republished in any way without the prior written consent of Sponsor.

Limitation of Liability: By entering the Sweepstakes, to the fullest extent permitted by applicable law, each entrant on behalf of himself or herself and anyone who succeeds to entrant’s rights and responsibilities including without limitation entrant’s heirs, executors, administrators, personal representatives, successors, assigns, agents, and attorneys, and with respect to minors entrant’s parents and legal guardians (collectively the “Entrant Parties”) agrees to release and hold harmless Sponsor, Headstrong and The Public, and each of their parent companies, subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, directors and all other companies involved in the development or operation of the Sweepstakes and all other companies that provide any part of the prize, the successors and assigns of each of the foregoing (collectively, the “Released Parties”) from and against any and all claims and causes of action of any kind that the Entrant Parties ever had, now has or might in the future have arising out of or relating to the Sweepstakes, participation in the Sweepstakes, the use of the Post Website, the use of the Story Website, the provision, acceptance or use of any prize or any component thereof or any use of the entrant’s name as permitted pursuant to these Official Rules, including without limitation any and all claims and causes of action that may occur, directly or indirectly, whether caused by negligence or not, from: (a) relating to any personal injury, death or property damage or loss sustained by any entrant or any other person; (b) based upon any allegation of violation of the right of privacy or publicity, misappropriation, defamation, or violation of any other personal or proprietary right; (c) based upon any allegation of a violation of the laws, rules or regulations relating to personal information or data security; (d) such entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (e) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (f) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; or (g) unauthorized human intervention in any part of the entry process or the Sweepstakes. Each entrant on behalf of himself or herself and the Entrant Parties agrees not to assert any such claim or cause of action against any of the Released Parties. Each entrant on behalf of himself or herself and the Entrant Parties assumes the risk of, and all liability for, any injury, loss or damage caused, or claimed to be caused, by participation in this Sweepstakes, the use of the Post Website, the use of the Story Website, or the provision, acceptance or use of any prize or any component of any prize. The Released Parties are not responsible for, and will not have any liability in connection with, any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize. The Released Parties are not responsible for, and will not have any liability in connection with, late, lost, delayed, illegible, damaged, corrupted or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of entries or entry information, or any other human, mechanical or technical error of any kind relating to the operation of the Post Website or the Story Website, communications or attempted communications with any entrant or Entrant Parties, the submission, collection, storage and/or processing of entries or the administration of the Sweepstakes.

Disputes: By entering the Sweepstakes, each entrant on behalf of himself or herself and the Entrant Parties agrees that, to the maximum extent permitted by applicable law, (a) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes, or the provision, acceptance and/or use of any prize or prize component, will be resolved individually, without resort to any form of class action (Note: Some jurisdictions do not allow restricting access to class actions. This provision will not apply to you if you live in such a jurisdiction); (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; and (c) under no circumstances will any entrant or Entrant Party be permitted to obtain any award for, and each entrant and Entrant Party hereby waives all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of the entrants, Entrant Parties, Sponsor, Headstrong and The Public in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of New York in the United States of America 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 the State of New York. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts located in New York County in the State of New York, waiving any right to trial by jury, and each entrant and Entrant Party consents to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these rules or the Sweepstakes. In the event of any conflict between these Official Rules and any Sweepstakes information provided elsewhere (including but not limited in advertising or marketing materials), these Official Rules shall prevail.

Privacy Policy: By entering the Sweepstakes, entrant hereby agrees to Sponsor’s collection and use of the entrant’s personal information as determined by Sponsor in connection with the administration of the Sweepstakes.

Winners List: For the name of the winner, which will be available approximately three weeks after the conclusion of the Entry Period, or a copy of these Official Rules, send a self-addressed, stamped envelope to:

SEA WALL / A LIFE INSTAGRAM Sweepstakes

Sweepstakes Rules Request

ID

40 Wall Street, 51st Floor

New York, NY 10005

 

Sponsor: Nine Stories Productions, Inc.