Terms and Conditions-Mary Fitzgerald

Social Clout Media LLC
Terms & Conditions
 
Campaign Name Mary Fitzgerald January 25th, 2022
Eligible States/Territories All eligible countries worldwide including: United States residents only VOID WHERE PROHIBITED BY LAW
Promotion period Starts: Tuesday 25th January 2021 at 09:00PM EST (eastern standard time)  
 
Promotion Period Ends: Thursday 25th November 2022 at 09:00PM EST (Eastern standard time) No entries will be accepted outside this time.
Agency Website Address www.socialcloutmedia.com
Host Instagram Account www.instagram.com/socialcloutgiveaways
Promoter   Social Clout Media LLC Pocatello, Idaho
Eligible Entrants   Entry to the Promotion is open to USA eligible states/territories who fulfill the method of entry requirements and are 18 years of age or older.
Details of prize $5000.00 USD VISA GIFT CARD LOUIS VUITTON PURSE VALUED AT $1,500.00
Total number of Prizes 2
Total prize value Total prize pool: $5,000.00 USD  
Method of entry To enter, an entrant must, during the promotional period: Have their Instagram profile set to public. Follow the Host Instagram Account and all the accounts that the Host Instagram Account is following during the promotional period. Have their Instagram profile set to public.
Entrants can obtain bonus entries by: • Registering their details in the double chance draw and agreeing to sign up to the Social Clout mailing list via www.socialcloutgiveaways.com
Maximum number of entries A maximum of (2) two entries will be accepted per person.
Prize draw A random prize draw will occur at: 12:00PM on Wednesday February 2nd 2022
Location of draw: Social Clout Media LLC Pocatello, Idaho
Notification of Winner(s) Winners will be notified via Instagram tag in description of current post on giveaway post labeled “winner” no later than: Wednesday February 2nd 2022
Public announcement of winners The winners of all prizes will be published here: www.socialcloutgiveaways.com no later than: Wednesday February 2nd 2022 if so chosen by Social Clout Media LLC
Unclaimed prize draw A random unclaimed prize draw will occur 10:00 AM on Monday 28th February 2022 Location of draw: Social Clout Media LLC Pocatello, Idaho
Notification of unclaimed prize winners Unclaimed prize winners will be notified via Instagram DM on Monday 28th February 2022
Public announcement of winners from unclaimed prize draw The winners of all unclaimed prizes will be published here: www.socialcloutgiveaways.com by Monday 28th February 2022  
 
 
Instructions on how to enter that are set out on Instagram (or online) form part of these terms and conditions (T&Cs).
  1. The attached Schedule sets out the defined terms within these T&Cs and forms part of these
T&Cs. If there is any inconsistency or discrepancy between the Schedule and these T&Cs the Schedule prevails. To the extent there is a conflict between T&Cs appearing on Instagram, or any other location and any terms of use or other agreements posted on the Promoter’s website, the terms found on the Promoter’s website are the T&Cs to be abided by.
  1. The Promotion is subject to all applicable federal, state, and local laws and regulations.
Participation constitutes the participant's full and unconditional agreement to these T&Cs and any Promoter decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
  1. Entry is open only to legal residents of the Eligible States/Territories who satisfy the Method of entry. Directors, employees and contractors, (and all immediate family members of Directors,
employees and contractors) of the Promoter and their associated agencies, companies, subcontractors, and any related entities (and all immediate family members of associated agencies, companies, subcontractors, and any related entities) are not eligible to enter.
  1. The Promotion will take place during the Promotion period set out in the attached Schedule.
  2. The Prize/s are set out in the attached Schedule at Details of prizes.
  3. The total value of the prize pool set out in the attached Schedule at Total prize pool. Prize values are in USD unless stated to the contrary. Prize values listed in the Schedule are the recommended retail values as provided by the supplier and are correct at the time of printing. The Promoter does not accept responsibility for any variation in the value of The Prize(s).
  1. If any prize is unavailable for whatever reason, the Promoter reserves the right to substitute the prize for an alternate prize of equal or greater value, subject to State Regulation. The promoter may substitute a prize and deduct from the prize pool any cash that is given in lieu of the substitution. Grand prize winner delivery schedule is up to 12 months after the date of signing the affidavit.
  2. Unless approved by the Promoter, the prize(s) are not transferable or exchangeable, nor is the prize redeemable for cash. The promoter is not responsible for any lost or stolen prizes and the Promoter takes no responsibility for prizes damaged, delayed or lost in transit.
  3. If any part of the prize contains any cash component. The cash component will be transferred via Bank transfer (at the Promoters discretion) to the winners nominated account or sent by registered mail in a cashiers check. The Promoter is not responsible for any lost or stolen cash transferred to the Prize winner, nor is the Promoter responsible for any error in banking details provided by the Prize Winner. If for any reason Banking is unavailable as a method of transferring any cash component an alternate method maybe selected at the Promoters absolute discretion.
  1. The Prize winner should seek independent financial advice prior to acceptance of their prize(s) to determine if any tax implications that may arise from their prize winning. (including but not limited to customs duties and taxes and income tax). The Promoter accept no responsibility for any liability or tax implications that may arise in connection with the winner accepting this Prize.
  2. It is a condition of accepting the Prize that the winner may be required to provide valid photographic ID together with proof of address and to sign a legal affidavit in a form determined by the Promoter in its absolute discretion.
  1. It is a condition of accepting the Prize that, as soon as practicable after being announced on the Promoters website, the winner is required to post an “I won” image (supplied) on their public Instagram account for a period of up to seven (7) days after the announcement of the Prize winner.
  2. For verification purposes, the winners Instagram account must remain public, and they must remain following the Host Instagram Account and all accounts that the Host Instagram Account was following during the promotional period, from the time that they are announced as the winner until at least seven (7) days after posting the photograph detailed at clause 14 below.
  1. It is a condition of accepting the Prize that the winner is required to post a photograph of themselves with their prize (or provided props) on their public Instagram account, tagging @socialcloutgiveaways within seven (7) days of receiving the prize items, and in this regard:
  1. The winners Instagram account must remain public for at least seven (7) days after posting the photograph of themselves with their prize.
  1. If part of the prize consists of cash:
  2. the winner may be required to post a photograph of themselves with cash, or a novelty cheque or credit card and/or other promotional material as supplied by Social Clout Media LLC
  1. Social Clout Media LLC reserves the right to withhold no more than 50% of the payment due to the winner pending receipt and posting of the photograph referred to in this clause.
  1. It is a condition of accepting the Prize that the winner is required to provide the Promoter with a 10-15 second video of themselves with the prize (or provided props) within seven (7) days of receiving the prize items, and in this regard. The winner agrees that this video will be used for marketing and promotional purposes on the Promoters website and social media accounts.
  2. Each valid entrant who has entered the Promotion over the duration of the Promotional period will be entered into the draw.
  3. The entrants must follow the Method of entry during the Promotion period to enter the Promotion. Failure to do so will result in an invalid entry and the Promoter has no obligation to inform the entrant if their entry is invalid.
  4. Entrants must have a valid, public Instagram account. Only publicly viewable Instagram accounts that have all accounts listed in the Host Instagram Account following list during the Promotion period will be considered valid entries.
To enter the Sweepstake entrants must:
  1. Follow all accounts listed in the Host Instagram accounts “Following” list of accounts during the Promotion Period.
  1. Entrants can obtain a bonus entry by:
  2. Registering their name in the double chance draw and agreeing to sign up to the Social Clout Media LLC mailing list via www.socialcloutgiveaways.com
For any bonus entry to take effect the entrant must first have completed the step
outlined at 18(a) above and all requested information must be included. Bonus
entries must be submitted between the Start Date and the Promotion Period end
date. Requests for confirmation of receipt of bonus entry will not be acknowledged.
Entrants who submit their details for the bonus entry mentioned at 18(b)(1)
acknowledge that they are opting in to receive commercial electronic marketing
messages from Social Clout Media LLC and its affiliated companies and consent to their
information being provided to affiliated companies.
  1. There is a permitted limit of two (2) entries per natural person. Multiple entries will be deleted without notice.
  1. Odds of winning a prize will depend on the total number of eligible entries received for the random draw.
  1. By submitting a bonus entry referred to a clause 18(b) above, the entrant grants Social Clout Media LLC the right to distribute (directly or indirectly through multiple tiers) the details submitted via the bonus entry form (including entrants email address and cell phone numbers) to their affiliates, its marketing agencies, and/or to third parties for marketing purposes.
  2. In the unlikely event that any Instagram account associated with this campaign is offline at any stage during the campaign, the Promoter may, at their absolute discretion, substitute another account in lieu of the offline account for any period of time the Promoter deems necessary. In this event, an entrant who follows all required accounts including the substitute account (but not the offline account) will also be deemed to be following all required accounts and their entry will also be a valid entry into the draw.
  3. All entries become the sole property of the Promoter and receipt of entries will not be acknowledged. The Promoter is not responsible for telecommunications, network, electronic, technical or computer failure or any kind of lost, late, incomplete, mutilated, invalid, unintelligible, misdirected entries, all of which will be disqualified. Only completed entries with valid email addresses or social media accounts, as applicable, are eligible. All ineligible entries will be disqualified.
  1. In case of dispute as to the identity of participant, entry will be declared made by the authorized account holder of the email address or social media account used to submit the entry. “Authorized Account Holder” is defined as the natural person who is assigned the account by the email provider, online service provider, social media provider or other organization. Any other attempted form of entry is prohibited; no automatic, programmed; robotic or similar means of entry are permitted.
  2. The Promoter accepts no responsibility for any late or ineligible entries, or any entries not received for whatsoever reason.
  1. The prize(s) will be awarded to the valid entrant(s) drawn randomly in accordance with the Prize draw details. The Promoter may draw additional reserve entries (and record them in order). In the event of an invalid entry or an ineligible entrant, or if the entrant is ineligible, unwilling or unable to accept the prize, the prize will be awarded to the first reserve entry drawn. If the prize cannot be awarded to the entrant drawn, the promoter will then continue this process until the prize is awarded.
  2. The winner does not need to be present at the draw.
  3. The winner(s) will be notified by the method nominated in the Notification of Winners section of the Schedule. The Prize winner will have been deemed to have been notified on the earlier of when the winner receives and views the notification from the Promoter or 24 hours after the message was sent to the winner.
  4. Each entrant is responsible for monitoring Facebook and Instagram for the notification and communications regarding this draw. The Promoter has no liability for potential winner’s failure to receive notices due to filters, security settings or provision of incorrect or non-functioning contact details. If the drawn winner is unable to be contacted or if the prize is undeliverable using the contact details provided, the Prize winner shall forfeit the prize.
  1. The winner(s) name, state/territory of residence, Instagram handle and photograph, will be published online in accordance with the Public announcement of winner’s section of the Schedule.
  1. If the prize(s) is not been claimed by the Unclaimed prize draw time and date and subject to any written directions from a State lottery agency, the Promoter may conduct an Unclaimed prize draw. If this occurs, Promoter will contact the Unclaimed Prize draw winner by the same methods set out herein for the original Prize winner.
  2. The Prize winner acknowledges and agrees that except where permitted by law, the total cumulative liability of the Promoter in connection with this Agreement and the promotion is limited, in the Promoter’s discretion, to either resupplying Prize items, or paying the cost of resupplying Prize items. The Promoter will have no liability for any indirect loss or damage suffered by any entrant or any Prize winner(s).
  1. Except where unable to be excluded by law, entrants and Prize winner(s) release and indemnify the Promoter and its related entities from and against all actions, penalties, liabilities, claims or demands against the Promoter or that the Promoter may incur for any loss or damage which is or may be suffered or sustained as a direct or indirect result of an entrant entering or winning the Promotion.
  2. Subject to any requirement by a regulatory authority, the Promoter may, in its absolute discretion, not accept or disqualify a particular entry, or cancel the entire Promotion at any time without giving reasons and without liability to any entrants,
  3. The Promoter reserves the right to verify the validity of entries and Prize winners, and to dismiss any entry that is misleading or fraudulent, or if it is suspected that an entrant has manipulated the entry process via using multiple or fake accounts, or any other method that the Promoter deems to be unscrupulous.
  4. Subject to the approval of any relevant authorities, where the Promotion is incapable of running as planned for any reason, including (but not limited to) early deletion of the campaign post due to any third party Artificial Intelligence software, early or accidental deletion of any campaign posts by any other person, any outage of any social media accounts, war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorized intervention, technical failures which corrupt or affect the administration, security, fairness, integrity or proper conduct of the campaign, any alteration to any social media terms of service, access or permission in such a way that adversely affects the Promotion, the Promotion may be suspected of the duration of the event and/or the Promoter may, in its absolute discretion, cancel or recommence the Promotion in its entirety.
  5. Entrants consent to the Promoter using the personal information provided in connection with this promotion for awarding of any prizes, including to third parties involved in the promotion and any relevant authorities. In addition to any use that may be outlined in the Promoter’s Privacy Policy.
  6. Each winner’s acceptance of a prize constitutes permission (except where prohibited) for the
Promoter to use the winner’s name, Instagram handle, photograph, video footage, likeness, statements, biographical information, voice and address (city and state) for all public relations, advertising and/or promotional purposes as determined by Promoter, in all forms of media and by all manners (now and hereafter known), in perpetuity, without notice, consent, review or approval or further compensation.
  1. The collection and disclosure of personal information provided in connection with this promotion will be handled in accordance with the Promoter's Privacy statement which adheres to the
  2. The names of individuals, INCLUDING the Talent sponsoring this Promotion, the campaign host, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, INCLUDING the Talent sponsoring this Promotion, group or company, including INSTAGRAM or FACEBOOK, or the inclusion of a product or service as a prize, does not imply any association with or endorsement by such individual, group or company or the manufacturer or distributor of such product or service and, except as otherwise indicated, NO ASSOCIATION OR ENDORSEMENT IS INTENDED OR SHOULD BE INFERRED. The invalidity or unenforceability of any provision of these T&Cs or the Prize Acceptance Release will not affect the validity or enforceability of any other provision. If any provision of the T&Cs or the Prize
Acceptance Release is determined to be invalid or otherwise unenforceable or illegal, the other
provisions will remain in effect and will be construed in accordance with their terms as if the
invalid or illegal provision were not contained herein. The Promotor’s failure to enforce any term of these T&Cs will not constitute a waiver of that provision.
  1. The Promotion and these Terms of entry will be governed by the law of the State or Territory in which the Promoter ordinarily resides. Entrants accept the non-exclusive jurisdiction of courts and tribunals of that State or Territory in connection with disputes concerning the Promotion.
  2. For a copy of these Official T&Cs, send a request specifying official TCS and the date of the
Promotion Terms and conditions along with a self-addressed, stamped envelope postmarked by
the closing date of the Promotion and received by 2 days after the closing date of the Promotion
and mail to: "SCM GIVEAWAY T&C’S” Social Clout Media LLC, 4141 Poleline Rd Pocatello, Idaho 83201.
  1. To request confirmation of the name and city/state of residence for the Prize winner(s), please send a self-addressed, stamped business size envelope, by 2 days after the closing date of the Promotion, to: "SCM GIVEAWAY T&C’S” Social Clout Media LLC, 4141 Poleline Rd Pocatello, Idaho 83201. Late requests will not be acknowledged or returned.
  2. Facebook, YouTube, Instagram, TikTok or Snapchat may be used to advertise or promote the
Promotion. By entering the Promotion, entrants agree that the Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, YouTube, Instagram, TikTok or Snapchat; and to release Facebook, YouTube, Instagram, TikTok or Snapchat from all liability in relation to this Promotion. Any questions, comments or complaints regarding the Promotion should be directed to the Promoter and not Facebook, YouTube, Instagram, TikTok or Snapchat.
  1. All participants and entrants agree to the complete release of liability of Facebook, YouTube,
Instagram, TikTok or Snapchat.; as well as agree to acknowledge that this promotion is in no way
sponsored, endorsed or administered by, or associated with, Facebook, YouTube, Instagram,
TikTok or Snapchat.
  1. If for any reason this competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the competition, subject to any direction given under State Regulation.
  2. All participants, as a condition of participation in this Promotion, agree to indemnify, release and hold harmless the Promoter and Released Parties from and against any and all liability, claims, damages, injuries or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with:
(a) accessing the Promoter’s Website.
(b) participating in any aspect of the Promotion, including, without limitation, while
preparing for, participating in and/or traveling to or from any prize or Promotion-related
activity, including, without limitation, any injury, damage, death, loss or accident to person
or property.
(c) the receipt, ownership, possession, use or misuse of any prize awarded.
(d) viruses or any downloading or other problems with the Promotion Application, or;
(e) any typographical or other error in these T&Cs or the announcement of offering of any
prize.
  1. The Promoter makes no representations or warranties of any kind concerning the appearance, safety or performance of any prize, except for any express manufacturer's warranty as may be included with the prize. Each Prize Winner bears all liability and risk of loss or damage to his/her respective prize after it has been delivered.
  2. The Promoter’s decision is final.
  3. This promotion is void where prohibited by law.
CONDITIONS. This Sweepstakes is conducted in English. In the event of any discrepancy or inconsistency between the terms and conditions of these English Official Rules and the English Abbreviated Rules or other statements contained in any Sweepstakes-related materials, including, but not limited to: any entry form, survey, the Spanish version of these Official Rules and the Abbreviated Rules, and/or point of sale, television, print or online advertising; the terms and conditions of these English Official Rules shall prevail, govern and control. All federal, state and local taxes are the sole responsibility of the prize winners. By participating in this Sweepstakes, Entrants and prize winners agree to be bound by these Official Rules and the decisions of the Sponsor and Sweepstakes Entities, which are final in all respects and not subject to appeal. Sponsor reserves the right to disqualify permanently from this Sweepstakes any Entrant it believes has violated these Official Rules and verify eligibility of Entrants. Neither Sponsor nor anyone acting on its behalf will enter into any communications with any Entrant regarding this Sweepstakes, except as expressly set forth in these Official Rules. By participating in this Sweepstakes, Entrants, and prize winners release the Sponsor and each and all of the Sweepstakes Entities, from any and all liability, damages or causes of action (however named or described) with respect to or arising out of participation in the Sweepstakes, and/or the receipt or use/misuse of any prize awarded, including, without limitation, liability for personal injury, death or property damage. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. All Sweepstakes materials are subject to verification and are void if (a) not obtained in accordance with these Official Rules and through legitimate channels, (b) any part is counterfeited, altered, defective, damaged, illegible, reproduced, tampered with, mutilated or irregular in any way, (c) are obtained where prohibited, or (d) they contain printing, typographical, mechanical, or other errors. Entrants assume all risk of loss, damage, destruction, delay or misdirection of Sweepstakes materials submitted to Sponsor. In the event any portion of this Sweepstakes is compromised by activities beyond the control of the Sponsor which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play of the Sweepstakes or this Sweepstakes, Sponsor reserves the right at its sole discretion to modify, suspend or terminate the Sweepstakes. Winning a prize constitutes permission for Sponsor and its agencies to use prize winners' names, addresses (city & state), voices and/or likenesses for purposes of advertising, promotion and publicity, for this Sweepstakes only, without further compensation, unless prohibited by law. Sponsor may prohibit an Entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Entrants, Sponsor, or Sweepstakes Entities. If for any reason this Sweepstakes is not able to be conducted as planned, including, but not limited to, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and randomly draw from those entries received up to the cancellation/suspension date to award prizes. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. SPONSOR’S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THESE PROVISIONS.
NO LIABILITY: By participating, Entrants and prize winners agree to release, discharge, indemnify and hold harmless the Sponsor, the Sweepstakes Entities, and each of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) from and against any claims made by any Entrant, prize winner, or any other third parties, related in any way to the operation of this Sweepstakes as well as any other claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from receipt, acceptance, possession, misuse or use of a prize or participation in any promotion related activity or participation in this Sweepstakes.