BY REGISTERING FOR THIS GIVEAWAY, YOU FULLY AND UNCONDITIONALLY AGREE TO COMPLY WITH ALL THE RULES AND REGULATIONS BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE RULES AND REGULATIONS, DO NOT REGISTER FOR THIS GIVEAWAY AND DO NOT SUBMIT AN ENTRY.
I. Giveaway Description and Overview
The 2021 Love Boise Challenge Giveaway (“Giveaway”), sponsored and administered by the City of Boise (“City”) is designed to encourage eligible entrants to get outside this winter to rediscover downtown Boise and all there is to love about our community’s sustainable features.
This Giveaway is in no way sponsored, endorsed or administered by, or associated with Instagram. All Giveaway entries, information, questions or comments shall be directed to the Giveaway Sponsor and not to Instagram. No purchase, payment, or donation of any kind is necessary to enter to win; a purchase, payment, or donation will not increase the chance of winning.
III. Agreement to the Official Rules
By entering this Giveaway, you indicate your full and unconditional agreement to all the rules and regulations (“Official Rules” or “Rules”) as set forth herein, and to the Sponsor’s decisions which shall be final and binding. Failure to accept these Official Rules prohibits participation in this Giveaway, voids any participation in this Giveaway and renders any submission ineligible for an award under this Giveaway. You additionally fully and unconditionally agree that Instagram is hereby completely released of all liability in relation to your participation in this Giveaway.
IV. Giveaway Sponsors
The Giveaway is sponsored by the City of Boise (150 N. Capitol Blvd., Boise, Idaho 83701) and the Downtown Boise Association (101 S Capitol Blvd #203, Boise, ID 83702) (collectively the “Sponsors”). The City solely has full authority to enforce any and all rules and regulations set forth herein.
A. To be eligible to enter, you must meet all the following requirements at the time of entry:
1. You are at least 13 years of age as of February 10, 2021; and
2. You are a resident of the state of Idaho; and
3. You have completed and submitted your Giveaway entry to the required standards, including all required information, by the required date and time for submission; and
4. You are NOT an employee, intern, or volunteer with the City or any of its departments, or subdivisions; and
5. You are NOT an immediate family member of (parent, sibling, spouse/domestic partner, child) any person employed with the City; and
6. You are NOT an employee, intern, or volunteer with the Downtown Boise Association; and
7. You are NOT an immediate family member of (parent, sibling, spouse/domestic partner, child) any person employed with the Downtown Boise Association; and
8. You are not involved in any part of the execution or administration of this Giveaway.
B. The City reserves the right to limit or restrict upon notice, participation in the Giveaway to any person at any time for any reason in its sole discretion.
VI. Giveaway Period
A. The Giveaway begins at 09:00:00 United States Mountain Time (“MT”) on February 10, 2021 and ends at 09:00:00 MT on March 10, 2021. The City’s clock is the official time keeping device for this Giveaway. Late entries submitted shall be automatically disqualified.
B. The City reserves the right in its sole and absolute discretion to cancel, terminate, modify or suspend the Giveaway and these Rules, for any reason.
VII. Representations and Warranties
A. By Participating in this Giveaway, each entrant hereby warrants and represents that any entry post he or she submits:
1. Is complete, accurate and truthful;
2. Does not violate any law, statute, ordinance or regulation;
3. Entered the Giveaway using a valid Instagram account registered to the entrant;
4. Does not infringe or violate any rights of any third-party or entity, including, without
Limitation, patent, copyright, trademark, trade secret, defamation, privacy, publicity, false-light, misappropriation, confidentiality or any other contractual rights;
5. Is not defamatory, libelous, pornographic, or obscene;
6. Does not contain, depict, include, discuss or involve, without limitation, nudity, alcohol, illicit drugs, smoking, explicit or graphic sexual activity, sexual innuendo, vulgar or offensive language or symbols, derogatory characterization or any ethnic, racial, sexual, religious or other groups, personal information, commercial messages or solicitations, clothing or symbols related to criminal groups (e.g. gangs), or any other comment or behavior that is or could be considered inappropriate, unsuitable, or offensive by the City in its sole and absolute discretion.
Any entry that the City deems in its sole and absolute discretion, to violate the terms and conditions set forth in the Rules is subject to disqualification. The City reserves the right, at any time and for any reason, to request an entrant to modify, edit or resubmit his or her entry to ensure that the entry post complies with these Rules, or for any other reason.
B. Each Participant agrees to release and hold harmless the Sponsors, its employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses and liabilities. These claims, expenses and liabilities include, but are not
limited to, negligence and damages of any kind to persons and property, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a Giveaway entry, participation in the Giveaway, acceptance or use or misuse of the prize, and/or the broadcast, transmission or use of the entry.
C. Released Parties are not responsible for: 1) any incorrect or inaccurate information; 2) for any incomplete, failed, or delayed transmission of any Giveaway submissions due to the internet, including, but not limited to interruption or delays caused by equipment or software malfunctions or other technical problems; 3) unauthorized human intervention in any part of the entry process or the Giveaway; 4) technical or human error which may occur in the administration of the Giveaway or processing of entries; or 5) any injury or damage to persons or property that may be caused directly or indirectly, in whole or in part, from participation in the Giveaway or receipt or use or misuse of any prize.
D. No entry submission will be received or held “in confidence” and under no circumstances will any Submission create a confidential relationship or obligation of secrecy between entrants and the Sponsors, other participants or any other party.
E. Sponsors make no warranties, express or implied, for the prize.
VIII. General Standards for Entries
A. To enter the Giveaway, all entrants must meet all the following general standards:
1. All entrants must fully complete the online giveaway sign-up form to receive the list of outdoor challenges; and
2. All entrants must photograph or video themselves performing at minimum five (5) of the outdoor challenges list while properly wearing a face mask and practicing 6 feet (6’) social distancing; and
3. No entry shall include clear and recognizable images of individuals who have not provided a model release to be depicted in such photograph or video; and
4. All Giveaway entry posts of the completed outdoor challenges must be published from valid Instagram profile accounts (business or organizational pages are ineligible) and include the tag “@city_of_boise” in the post; and
5. Multiple entrants are not permitted to share the same Instagram profile account; and
6. All entries must be made using the entrant’s personal Instagram account (the account owner submitting the entry will be deemed the entrant); and
7. All entries must be in English; and
8. Comply with all Giveaway Rules.
B. All entrants who complete the minimum requirements set forth herein, shall be entered once to win this Giveaway.
C. By submitting an entry, you agree that the Instagram post for this giveaway complies with all the terms and conditions stated in these Rules.
IX. Selection of a Winner
A. The winner shall be selected at random from all the Giveaway entries using a third-party selection program, Random.org, or an equivalent system. The selected Giveaway entry will be verified to ensure that all terms and conditions of the Rules where complied with and that the entrant is eligible to win. Once verified as an eligible winner, the City will contact the winner via Instagram.
B. The winners of the Giveaway shall be selected and announced at approximately 15:00:00 United State Mountain Time (“MT”) on March 8, 2021. Each winner has seventy-two (72) hours to respond to the City’s notice of winning. If the winner does not respond within the seventy-two (72) hour timeframe an alternative, verified and eligible winner shall be selected using the same method.
A. There shall be only seven (7) prizes awarded to the winners of this Giveaway.
The prizes shall consist of: 1) one Downtown Boise Association gift basket that includes a card for twenty-five dollars ($25) and two (2) Alive After Five reusable stainless steel drinking cups (value $12) donated by DBA; 2) two Boise City Parks and Recreation gift cards each for forty dollars ($40), and are valid until 2026, that can be used at Zoo Boise, Idaho Ice World, Quail Hollow Golf Course, Warm Springs Golf Course, City class, or City pool; 3) two gift basket prizes valued at approximately fifty dollars ($50), each containing a Ridge to Rivers baseball cap, a Ridge to Rivers trail map, a Boise Birdwatching guide and a water bottle.
B. No substitutions for the prizes will be allowed.
C. All prizes must be claimed in person at the WaterShed Education Center, 11818 W. Joplin Road, Boise, ID 83714.
D. The winner is solely responsible for all taxes or fees that may be incurred. The winner is required to provide picture identification to claim prize.
E. If the winner is a minor, the prize may be awarded to his or her custodial parent or legal guardian pursuant to applicable law.
XI. City's Rights to Giveaway Entry Comments
By participating in this Giveaway, each entrant unequivocally and irrevocably:
A. Grants right and permission to the City, its employees, licensees, and assigns in perpetuity to display, publish, post, create derivate works, edit or otherwise use his or her Giveaway entry comment including, but not limited to, any photos, audios, videos or other materials that were included on the entry post, worldwide for any purpose, without payment or any other consideration; and
B. Waives any rights of copyright, trademark, privacy rights, moral rights and any other legal rights that may preclude the City’s use of the entry comment post and included materials.
XII. Publicity and Personal Information
Acceptance of any prize constitutes permission for Sponsors to exploit and use the winning participant’s or entrant’s name, biographical information, statements, photographs, likeness,
and voice online, in print or in any other media, in connection with this Giveaway, without compensation or payment, except where prohibited by law.
XIII. General Conditions
A. Force Majeure. The City reserves the right, in its sole discretion, to cancel, suspend and/or modify the Giveaway, or any part thereof, if any fraud, technical failures, virus, bug, bot, catastrophic event or any other unforeseen or unexpected event occurs that cannot be reasonably anticipated or controlled and would affect the fairness and/or integrity of this Giveaway.
B. Any entrant who attempts to compromise the integrity or the legitimate operation of this Giveaway, or the City has reason to believe has compromised the integrity or legitimate operation of this Giveaway cheating, hacking, creating a bot or other automated program, engaging in unfair playing practices towards other entrants, or Sponsors (including but not limited to harassing, abusing, threatening behavior) or committing fraud in any way will be automatically disqualified and banned from participating in all future Giveaways and may be liable for damages to the fullest extent permitted by law.
C. Governing Law. The Giveaway and the rights and obligations of all entrants and entries shall be governed by and construed in accordance with the internal laws of the State of Idaho without regard to the principles of conflicts in laws. The Idaho courts (state and federal) have exclusive jurisdiction over any dispute or controversy arising out of or related to these Giveaway Rules and all entrants hereby agree to waive any objections to jurisdiction or venue in those courts and submit to the jurisdiction of those courts.
D. Severability. If any provision of these Rules should be held to be void, invalid, unenforceable, or illegal by a proper legal authority, the validity and enforceability of the other provisions shall not be affected.