Outline

Terms and Conditions

These Contest terms (“Terms”) govern your participation in the Born on Instagram Reels Contest (“Contest”). By taking steps to participate in the Contest, you agree to these Terms, which are a contract, so read them carefully before entering. Without limitation, this contract includes indemnities to the Sponsor from the participant (i.e., a requirement that the entrants defend and/or reimburse sponsor from/for certain losses) and a limitation of participant’s rights and remedies.

No purchase necessary to enter or win a prize in this Contest. A purchase will not increase your chances of winning. Void where prohibited by law.

Winners may be required to execute prize acceptance documents and return them within fourteen (14) days from date of issuance of notification (or other specified timeframe in notification) or prize may be forfeited (in Sponsor’s sole discretion), as more fully detailed below.

What is the Born on Instagram Reels Contest?

The Contest begins at 12:00:00 AM IST on October 1, 2022 and ends at 11:59:59 AM on December 31, 2022 (“Contest Period”) and is run by Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland (“Sponsor” or “Instagram”). The Contest offers the opportunity for eligible members of the Born on Instagram program to create and post original Reels during the Contest Period (defined below). Every four (4) weeks during the Contest Period (each, a “Participation Period”), the Sponsor will evaluate content from Entrants (defined below) to select up to two hundred (200) winners for that Participation Period.

Who can participate?

Individuals that meet the following requirements (collectively, “Entrants”) may participate in the Contest:

You must be a legal resident of India.
You must have created an account on the Born on Instagram website at www.bornoninstagram.com and have completed the Born on Instagram Creator Course.
Your Instagram account must be set to “Public” at all times during your Contest participation and prize fulfillment.
You must be at least eighteen years old;
You must have an authentic Born on Instagram creator account that:

is not a fan account of a celebrity
is not a meme page
is not politically affiliated
is not an aggregator account

You must be in compliance with the Born on Instagram program Terms, Instagram’s Community Guidelines, Content Monetization Policies and all other policies or terms applicable to your use of the Reels product on Instagram.

You are not eligible to participate if your participation or receipt of any prize in the Contest would be a violation of United States, Indian or other local laws, rules or regulations. In connection with your participation in the Contest, Sponsor may request that you sign a Marketing Release for use of your Reels.

How to participate?

During the Contest Period, Entrants can participate by creating and posting original Reels (“Reels”) from their Instagram account during the Contest Period. Reels must be in portrait orientation (9:16 aspect ratio), be in high resolution (at least 1080 x 1350 pixels) and must otherwise meet the technical requirements to post on the Instagram platform. To be considered for a prize, Entrants must publish their Reels in accordance with these Terms.

All Reels must be posted publicly and be viewable without request/permission through the Contest Period and subsequent evaluation by Sponsor. Entrant’s Instagram account, Reels, any accompanying post copy, and all other accompanying or linked material (collectively, “Content”) must comply with these Terms, Instagram’s Community Guidelines, and Instagram’s Terms of Use.

Any and all costs associated with participation in the Contest, including access to and use of any equipment needed to create the Reels, are the Entrant’s responsibility.

You are solely responsible for complying with all applicable federal, state, and local laws, rules, or regulations in connection with your Contest participation.

What is the Reels evaluation process and prizing?

Potential winners will be notified by Sponsor via the email address associated with their Born on Instagram account. Potential winners will be required to respond to winner notification within four (4) weeks and must execute an agreement with Sponsor’s payment vendor (and must provide all information requested by vendor) to receive the prize payment. Failure to respond to winner notification by Sponsor within the stated timeframe or complete required paperwork may result in forfeiture of the prize in Sponsor’s sole discretion. Winners may also be announced on the Born on Instagram website.

The prizes, if legitimately claimed, will be awarded. Sponsor will not be obligated to pursue more than three (3) alternate winners (time permitting) for the prize for any reason, in which case that prize may go unawarded. All prize and fulfillment details not specifically stated in these Official Rules will be determined by Sponsor in its sole discretion. All taxes (federal, state, and local, if any) are the sole responsibility of the winner.

General Rules

Sponsor’s decisions will be final in all matters relating to this Contest, including interpretation of these Terms. By participating in the Contest (except where prohibited by law), each Entrant grants the Sponsor the irrevocable, sublicensable, absolute right and permission to use, publish, post or display their name, social media handles, photograph, likeness, voice, biographical and education information, any quotes attributable to them, and any other indicia of persona, (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Sponsor’s sole discretion) for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to them, anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), world-wide, without any limitation of time, and without notice, review, or approval and each Entrant releases Sponsor from any and all liability related thereto. Entrant further grants the Sponsor the permission to feature and/promote the Entrant’s Reels on the Born on Instagram website and Instagram platform (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Sponsor’ sole discretion). Nothing contained in these Terms obligates Sponsor to make use of any of the rights granted in these Terms and Entrants waive any right to inspect or approve any such use.

Entrants agree to not damage or cause interruption of the Contest and/or prevent others from participating in the Contest. Instagram reserves the right to restrict or void participation from any IP address, email address or domain, device, or other designator or identifiable source if any fraudulent or harmful participation is suspected, as determined by Instagram in its sole discretion. Instagram further reserves the right to disqualify any Entrant who Instagram believes has attempted to tamper with or impair the administration, security, fairness, or proper play of this Contest. ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY VIOLATE CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, INSTAGRAM MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.

If Instagram determines at any time in its sole discretion that a winner is disqualified, ineligible, or in violation of these Terms, Instagram reserves the right in its sole discretion to select an alternate winner, even if the disqualified potential winner’s name may have been shown or announced. If the Contest is not capable of running as planned for any reason, Instagram reserves the right, in its sole discretion, to cancel, modify or suspend the Contest.

In the event there is an alleged or actual ambiguity, discrepancy, or inconsistency between disclosures or other statements contained in any Contest-related materials and these Terms (including any alleged discrepancy or inconsistency within these Terms), it will be resolved by Instagram in Instagram’s sole discretion. Entrants waive any right to claim ambiguity in the Contest or these Terms. Instagram’s failure to or decision not to enforce any provision in these Terms will not constitute a waiver of that or any other provision. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms will otherwise remain in effect and will be construed in accordance with their Terms as if the invalid or illegal provision were not contained in these Terms.

Limitation of Liability

NOTHING IN THESE TERMS LIMITS, EXCLUDES, OR MODIFIES OR PURPORTS TO LIMIT, EXCLUDE, OR MODIFY ANY STATUTORY CONSUMER GUARANTEE OR ANY IMPLIED CONDITION OR WARRANTY, THE EXCLUSION OF WHICH FROM THESE TERMS WOULD CONTRAVENE ANY STATUTE OR CAUSE ANY PART OF THESE TERMS TO BE VOID (“NON-EXCLUDABLE GUARANTEES”). SUBJECT TO THE LIMITATIONS IN THE PRECEDING SENTENCE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH ENTRANT AGREES TO RELEASE AND HOLD HARMLESS THE SPONSOR AND THEIR PARENT AND SUBSIDIARY COMPANIES, AFFILIATES, DIVISIONS, FRANCHISEES, REPRESENTATIVES, CONSULTANTS, SUB-CONTRACTORS, SUPPLIERS, DISTRIBUTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING AGENCIES (COLLECTIVELY, THE “RELEASED PARTIES”) FOR ANY LIABILITY WHATSOEVER ASSOCIATED WITH PARTICIPATION IN THIS CONTEST, INCLUDING, WITHOUT LIMITATION, FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE CREATION OF YOUR REELS, BEYOND ANY NON-EXCLUDABLE GUARANTEES.

BY PARTICIPATING IN THIS CONTEST, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, U.S.A., AND ANY SIMILAR LAW IN ANY JURISDICTION, WHICH PROVIDES AS FOLLOWS:

CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Disclaimers

Employees, officers, directors, members, managers, agents, and representatives of the Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the Entrant, or by human error (except to the extent that any of the following occur for reasons within Instagram’s reasonable control, if applicable law in your jurisdiction of residence dictates that liability to the injured party in such a case cannot be excluded by law): any lost, late, postage-due, incomplete, illegible, incomprehensible, mutilated, or misdirected email, mail, or Contest-related correspondence or materials; any error, omission, interruption, defect, or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable telephonic, cellular, cable, or satellite systems; errors, typos or misprints in these Terms, in any Contest-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections or any failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications; technical or human error which may occur in the administration of the Contest or the processing of applications; or any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest. Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or for insufficient space in a person’s email account or voicemail inbox to receive email or voice messages. Released Parties are not responsible, and may disqualify an Entrant, if any contact information provided by the Entrant does not work or is changed without giving prior written notice to both Sponsor. Without limiting any other provision in these Terms, the Released Parties are not responsible or liable to any Entrant (or any person claiming through such Entrant) for any inability to proceed with the Contest at any stage, in the event that any of the Contest activities or Instagram’s operations or activities are affected, as determined by Instagram, by any cause or event beyond the sole and reasonable control of the applicable Released Party (as determined by Instagram in its sole discretion).

Disputes/Governing Law

Except where prohibited by law, any and all disputes, claims, and causes of action between an Entrant and any Released Party arising out of or connected with this Contest or these Terms must be resolved individually, without resort to any form of class action or legal action on behalf of any group. Further, in any such dispute, under no circumstances will a Entrant be permitted or entitled to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than the Entrant’s actual out-of-pocket expenses (if any), not to exceed ten dollars ($10) and each Entrant further waives all rights to have damages multiplied or increased.

This Contest and any dispute arising under these Terms or related to these Terms or the Contest (whether for breach of contract, tortious conduct, or otherwise) will be governed by the internal laws of the State of California, U.S.A., without giving effect to its conflicts of law or choice of law principles or rules that would cause the application of the laws of any other jurisdiction. Any legal actions, suits or proceedings related to this Contest (whether for breach of contract, tortious conduct, or otherwise) will be brought exclusively in the state or federal courts located in or having jurisdiction over San Mateo County, California, U.S.A., and each Entrant accepts and submits to the personal jurisdiction of those courts with respect to any legal actions, suits or proceedings arising out of or related to this Contest.