West Shore Cafe Instagram Contest
Complete Official Rules
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1. ELIGIBILITY: Each West Shore Cafe and Inn Instagram Contest (“Promotion”) is offered and open only to legal residents of such jurisdiction(s) as stated in the advertisement for such Promotion (“Promotion Advertisement”) who are age 21 or older at time of entry. Void in all other states and where prohibited. Employees, officers and directors of West Shore Cafe and Inn (“Sponsor”), and those entities involved in the preparation of materials and/or administration of this Promotion (collectively referred to herein as the “Promotion Entities”), suppliers, distributors, or retailers of alcohol-beverage products, and their immediate family members (spouse, siblings, children and parents) and those living in the same household as such individuals (whether or not related) are not eligible to enter.
2. PROMOTION PERIOD: The Promotion starts on the start date indicated on the Promotion Advertisement and, unless otherwise stated on a Promotion Advertisement, ends on or about 11:59:59 pm PT on the end date indicated on the Promotion Advertisement (“Promotion Period”). Sponsor’s clock is the official time keeping device for the Promotion.
3. HOW TO ENTER: Follow any entry instructions as set for on the Promotion Advertisement. For hashtag contests, during the Promotion Period, follow West Shore Cafe and Inn on Instagram (Instagram.com/westshorecafe), Facebook (Facebook.com/westshorecafe or Twitter (twitter.com/westshorecafe) as indicated by the Promotion Advertisement and post photos, videos or other content indicated by the Promotion Advertisement tagged with the hashtag stated in the Promotion Advertisement. All entries become the property of Sponsor and will not be returned. Promotion Entities assume no responsibility for lost, late, incomplete, inaccurate, stolen, misdirected, postage due or illegible entries; nor for any computer, telephone, cable network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt, or jumbled transmissions; nor service provider, Internet, Web site, user net accessibility or availability, traffic congestion, or any technical error; nor for unauthorized human intervention, human error, or the incorrect or inaccurate capture of entry or other information; nor for the failure to capture any such information.
4. CONDITIONS OF ENTRY: Once submitted, entry cannot be modified, deleted or cancelled. Entries may not infringe or violate the rights of any third party. Sponsor reserves the right, at its sole and absolute discretion, to refuse, disqualify, or withdraw entries and/or Entrants at any time during the Promotion. Entries become the property of Sponsor and will not be returned.
Use of any automated system, software applications that enable users to create multiple posts or accounts and/or temporary accounts to participate in this Promotion or to redeem prizes is prohibited and may result in disqualification from this Promotion and any current or future promotions offered by the Sponsor. In the event of a dispute as to any entry, the “Authorized Account Holder” of the phone number or email address associated with the account at time of entry will be deemed to be the entrant. The Authorized Account Holder is the natural person assigned a phone number or email address by the wireless telecommunications carrier, phone service provider, Internet access provider, online service provider or other organization responsible for assigning phone numbers or email addresses. Each potential winner may be required to show proof of being an Authorized Account Holder.
5. SELECTION OF WINNERS: Sponsor will conduct judging on or about the date(s) indicated on the Promotion Advertisement, from all eligible entries received to such date. Entries will be judged for a combination thematic, creative and aesthetic qualities by Sponsor. There is no maximum number of entries the Sponsor may select for the final drawing, and Sponsor may select all entries for a final drawing at Sponsor’s sole discretion. Sponsor will select the number of winners indicated on the Promotion Advertisement. Odds of winning depend on the number of eligible entries received and the number of prizes to be given away. Potential winner(s) will be contacted by direct message on Instagram, Twitter or Facebook at the account provided at the time of entry, or such other method as may be practical in Sponsor’s discretion, within 5 to 10 business days after the selection of winners. You are not a winner until Sponsor has verified your eligibility and compliance with these Official Rules. Potential prize winners may be required to complete, have notarized and return an Affidavit of Eligibility, Liability and, where legal, Publicity Release within seven (7) calendar days of notification or attempted notification. Sponsor will make one attempt to notify each potential winner, who will have twenty-four (24) hours to respond. If (a) Sponsor is unable to contact a potential winner; (b) a potential winner fails to respond to a notification attempt within 24 hours; (c) a potential winner fails to timely return or properly complete the above described release documents; (d) a prize notification or any prize is returned as non-deliverable; or (e) a potential winner is not eligible or does not comply with these Official Rules, prize forfeiture will result and an alternate potential winner may be selected. If a winner for any prize cannot be confirmed within 30 days of the drawing date, then the prize will not be awarded.
6. PRIZE(S) AND APPROXIMATE RETAIL VALUE (ARV): Prize(s) consist of the items specifically named as prizes in the Promotion Advertisement. The number of prizes to be given away, their description(s) and approximate retail value is as indicated on the Promotion Advertisement. Sponsor reserves the right to substitute a prize of equal or greater value. Prize(s) are not redeemable for cash. No substitution or transfer of prizes will be permitted except at Sponsor’s sole discretion. All federal, state and local taxes and other fees associated with prize receipt and use are the sole responsibility of the winner. At Sponsor’s discretion, winner may be required to pick up their prize at a specified location within a reasonable time period (as determined solely by Sponsor), or prize may be mailed to winner approximately sixty (60) days after the end of the Promotion Period, to the address provided by winner at time of prize acceptance. Prizes may be provided or mailed unassembled. Winner is solely responsible for assembling or arranging for the assembly of any unassembled prizes upon receipt.
This paragraph is applicable to Promotions that have prizes that include event tickets, lift tickets and/or hotel stays, as set forth in the Promotion Advertisement. Guests are subject to the eligibility requirements set forth in these Official Rules, and Sponsor may exclude any ineligible guest in its sole discretion. All potential guests will be required to execute and deliver an Affidavit of Eligibility, Liability and, where legal, Publicity Release within seven (7) calendar days after the winner receives final confirmation. Prizes will be delivered to winners approximately 30 (days) after the end of the Promotion Period and verification/confirmation of winners and before the event, either by mail, private delivery service, or in-person immediately prior to the event for which the tickets are valid, at Sponsor’s sole discretion. Any prizes that are event tickets, lift tickets, equipment rentals or a hotel stays must be used on the date specified, or such other date established by Sponsor, only by winner and winner’s guest, who must be 21 years of age or older. If an event location is closed for any other reason on the selected day, winners will not be reimbursed, and the Prize will consist of all remaining elements. Winner agrees that the prize is awarded pursuant to a revocable, nontransferable license personal to that applicable winner. Winner agrees not to sell, resell, auction, barter, assign, exchange, place in commerce, transfer, give away, donate, or otherwise convey any ticket, lift ticket, rental package or hotel room received as a prize. A violation of these restrictions shall revoke that winner’s license, and the tickets may not be honored. Any difference between approximate value and actual value of the prize or any element thereof will not be awarded in cash or otherwise. All expenses, travel, and other costs not expressly stated in the Promotion Advertisement are the sole responsibility of winner.
This paragraph is applicable to Promotions that have prizes that include flights, as set forth in the Promotion Advertisement. Winner and guest must travel on same itinerary and on the dates specified by Sponsor or prize will be forfeited and awarded to an alternate winner if time permits. Winner and guest must comply with all travel requirements, including, but not limited to, presenting necessary identification at time of travel. Guests are subject to the eligibility requirements set forth in these Official Rules, and Sponsor may exclude any ineligible guest in its sole discretion. All potential guests will be required to execute and deliver an Affidavit of Eligibility, Liability and, where legal, Publicity Release within seven (7) calendar days after the winner receives final confirmation. Flight schedules are subject to change without notice. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in these Official Rules, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. Any costs incurred due to changes in original itinerary are winner’s responsibility. Prize/itineraries will be delivered to winners approximately thirty (30) days after the end of the Promotion Period and verification/confirmation of winners, either by mail, private delivery service, or in-person immediately prior to the event for which the tickets are valid, at Sponsor’s sole discretion. Winner agrees that the prize is awarded pursuant to a revocable, nontransferable license personal to that applicable winner. Winner agrees not to sell, resell, auction, barter, assign, exchange, place in commerce, transfer, give away, donate, or otherwise convey any received prize. A violation of these restrictions shall revoke that winner’s license, and the prize will not be honored. Any difference between approximate value and actual value of the prize or any element thereof will not be awarded in cash or otherwise. All expenses, travel, and other costs not expressly stated in the Promotion Advertisement are the sole responsibility of winner.
7. GENERAL: By participating, participants agree to abide by and be bound to these Official Rules and the decisions of Sponsor, which are final and binding in all respects. Failure to timely return or properly complete release documents (as described herein), or if a prize notification or any prize is returned as non-deliverable, or if potential winner is not eligible or does not comply with these Official Rules prize forfeiture will result and an alternate potential winner may be selected. BY PARTICIPATING, PARTICIPANTS AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS THE SPONSOR, PROMOTION ENTITIES, ANY RETAILER AT WHICH THE PROMOTION IS ADVERTISED OR AT WHICH PARTICIPANTS MAY ENTER, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, ACTIONS, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITIGATION IS COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING NOW OR IN THE FUTURE IN WHOLE OR IN PART OUT OF ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, PARTICIPATION IN ANY CONTEST/PRIZE RELATED ACTIVITY, ACCESS TO WEB SITE, AND/OR PARTICIPATION IN THIS PROMOTION. By entering and/or accepting a prize, participants and/or winners hereby consent, where lawful, to the use by Sponsor (and its authorized third parties) of their name, hometown, and/or biographical information in any and all media now known or hereafter developed worldwide, and on the Internet and World Wide Web, without additional compensation, and without the right of review, notification or approval.
8. LIMITATIONS OF LIABILITY: Promotion Entities are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Promotion or downloading materials from or use of any web site. If, for any reason, the Promotion is not capable of running as planned by reason of, but not limited to, infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion or any part thereof and select the winner from entries received prior to the action or as otherwise may be deemed fair and equitable by Sponsor. Promotion Entities shall not be liable to winner or any other person for failure to execute the Promotion, or supply a Prize or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any similar or dissimilar event beyond their reasonable control.
In no event will Promotion Entities, their parents, affiliates, subsidiaries and related companies, their advertising or promotion agencies and/or all their respective officers, directors, employees, independent contractors, representatives and agents, be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of participation in the Promotion, Promotion/Prize related activities, access to, and use of, any participating Internet site(s) or the downloading from and/or printing of material downloaded from said site(s). Without limiting the foregoing, the Prize(s) and everything on said site(s) are provided “AS IS” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties.
THIS PROMOTION IS GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, participant agrees that any and all disputes, claims and causes of action arising out of or connected with this Promotion or the prizes awarded shall be governed by the laws of the State of California, without giving effect to any choice of law or conflict of law rules, and that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, exclusively before a court in California having jurisdiction. Further, in such dispute, under no circumstances will participant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental or consequential damages, including attorneys’ fees, other than participant’s actual out of pocket expenses (i.e. costs associated with entering this Promotion), and participant further waives all rights to have damages multiplied or increased.
9. WINNERS LIST: For the name of prize winner, mail a request indicating the location of the Promotion Advertisement and Promotion dates, along with a self-addressed, U.S. postage stamped envelope, to: West Shore Cafe and Inn Winners’ List Request, West Shore Cafe and Inn, PO Box 165, Homewood, CA 96161, for receipt within 30 days after the final selection date.
10. SPONSOR: West Shore Cafe and Inn, Homewood, CA
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or Twitter, and by entering, each entrant releases Facebook, Instagram and Twitter from any and all liability with respect to such promotion.