Important: Please read these Official Rules before entering this Promotion (the “Promotion”). By participating in this Promotion, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION.
Promotion void where prohibited by law. Subject to applicable federal, state, provincial, and local laws.
Eligibility: The Promotion is open only to individuals who are (a) at least 18 years of age (or the age of majority in their jurisdiction of residence, whichever is older) at the time of entry and (b) not a resident of Brazil, Quebec, China, Luxembourg, Italy, and or any country, state, province or territory under sanction by the U.S. Office of Foreign Assets Control, including Afghanistan, the Balkans, Belarus, Burma, Cuba, Dr of the Congo, India, Iran, Iraq, Lebanon, Libya, North Korea, Pakistan, Somalia, Sudan, Syria, Yemen, or Zimbabwe. The list of sanctioned countries changes from time to time, so visit https://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs for a current list of sanction programs and country information. Directors, officers, members, managers, and employees of ConvertKit LLC (“Sponsor”), and any of their respective parent companies, affiliate companies, subsidiaries, agents, professional advisors, advertising, promotional, public relations, and fulfillment agencies, consultants, legal counsel, website providers, web masters, and immediate family members (spouses, parent, child, sibling, grandparent, and “step” child, wherever they may live) of each are not eligible to win any prize. IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE. To be eligible to win a prize, entries must be completed and received by Sponsor in the manner and format designated below. PROMOTION IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM, INC. OR TWITTER, INC.
Promotion Period: The Promotion starts at 10:00:00 a.m. MT on February 8, 2021 and ends at 11:59:59 p.m. MT on February 26, 2021 (the “Promotion Period”). All entries must be received during the Promotion Period and meet other requirements in these Official Rules to be eligible to win a prize. Sponsor’s or its designee’s computer is the official time-keeping device for the Promotion.
How to Enter: To enter, complete the steps as instructed for any one of the following methods of entry during the Promotion Period:
By submitting an entry as instructed through the above methods (“Submission”), you agree that your Submission does not violate any third-party rights, including copyrights, trademark rights, or rights of privacy or publicity and conforms to the other Guidelines and Restrictions below.
The authorized account holder of the email address associated with the creator’s Instagram or Twitter account included in your Submission is referred to in these Official Rules as a “Nominee.” Nominees must meet the eligibility requirements in Section 1 of these Official Rules, including regarding age and jurisdiction of residence. Sponsor may choose to remove any Submission or disqualify you from the Promotion if it believes that your Submission fails to conform with the Guidelines and Restrictions. Upon completion of all required entry steps and compliance with the Guidelines and Restrictions, you will automatically receive one entry into the Promotion.
Limit: ONE ENTRY PER PERSON DURING PROMOTION PERIOD. Any attempt to obtain additional entries, including through multiple or duplicate accounts will result in disqualification.
If participating in this Promotion via your mobile device (which service may only be available via select devices and participating wireless carriers, and is not required to enter), you may be charged for standard data use from your mobile device according to the terms in your wireless service provider’s data plan. Normal airtime and carrier charges and other charges may apply to data use and will be billed on your wireless device bill or deducted from your pre-paid balance. Wireless carrier rates vary, so you should contact your wireless carrier for information on your specific data plan.
Identity of Entrant: All Submissions must be submitted by the individual entrant. Bulk or automated entries will be disqualified (including entries made using any script, macro, bot, or promotional service). Multiple participants are not permitted to share the same Instagram or Twitter account. Any attempt to obtain additional entries through fraud or other illegitimate means will result in disqualification, at Sponsor’s discretion.
If there is a dispute about the identity of the entrant, entries will be declared made by the authorized account holder of the email address associated with the Instagram or Twitter account on which the Submission is made. An “authorized account holder” means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be required to provide Sponsor with proof that a potential winner is the authorized account holder of the account associated with the winning entry.
Selection and Notification of Winner: The first 500 eligible Submissions posted during the Promotion Period will be selected as potentially winning Submissions and the eligible Nominee identified in each potentially winning Submission will be deemed a potential winner (subject to verification by Sponsor), consistent with the terms and requirements of these Official Rules. The odds of a Submission being selected as a potentially winning Submission depend on the number of eligible entries received and the speed of the entrant’s posting. Limit one prize per Nominee.
Each potentially winning Nominee will be notified via social media (e.g., direct message or a post by Sponsor) to the Instagram or Twitter account @handle included in the Submission on or about March 2, 2021. To the fullest extent permitted by applicable law, Sponsor may require each potential winner to sign and return, as specified by Sponsor, an Affidavit of Eligibility and Liability/Publicity Release in order to claim his/her prize. If (i) the attempted notification is returned as undeliverable without a forwarding address or the potential winner does not respond within seven days of being notified by Sponsor; (ii) any required documents are not returned as specified by Sponsor, such as the Affidavit of Eligibility and Liability/Publicity Release; or (iii) potential winner is otherwise unable to accept the prize as stated, the prize will be forfeited and may be awarded to an alternate winner in accordance with the above selection process from among all eligible Submissions. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the above selection process from among all eligible Submissions.
Verification of Potential Winner: EACH POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. A NOMINEE IS NOT A PRIZE WINNER UNLESS AND UNTIL NOMINEE’S ELIGIBILITY HAS BEEN VERIFIED AND NOMINEE HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE AND NO FURTHER ACTION IS NEEDED.
Prize: 500 Nominees will each receive one physical copy of Sponsor’s book titled “I Am A Creator Vol. 2” (Approximate Retail Value (“ARV”) of each book: $39.00). Total ARV of all prizes to be awarded: $19,500.
Prize Restrictions: ALL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. Prizes are not transferable. No substitutions or exchanges of any prize (including for cash) will be permitted, except that Sponsor reserves the right to substitute a prize of comparable or greater value for any prize. Sponsor will not replace any lost or stolen prizes or prize components. Only the number of prizes stated in these Official Rules are available to be won in the Promotion.
Except for applicable manufacturer’s standard warranties, the prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including any implied warranty of merchantability or fitness for a particular purpose).
Disclaimer: Sponsor; Instagram, Inc.; Twitter, Inc.; and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, consultants, contractors, legal counsel, public relations firms, employees and advertising, fulfillment and marketing agencies (collectively, the “Released Parties”) will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) phone, electronic, hardware, software, network, Internet, or other computer or communications-related malfunctions or failures beyond Sponsor or the Release Parties’ reasonable control; (c) any Promotion disruptions, injuries, losses or damages caused by events beyond the reasonable control of Sponsor or the Released Parties by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Promotion.
Limitations of Liability; Releases: By entering the Promotion, you release Sponsor and all Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Promotion or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including claims, costs, injuries, losses and damages related to rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
ENTRANTS AGREE TO RELEASE, INDEMNIFY, DISCHARGE AND HOLD HARMLESS THE SPONSOR FROM ANY SUCH CLAIMS, ACTIONS, DEMANDS, LOSSES, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING FROM ANY DAMAGE, INJURY, DEATH, LOSS OR OTHER LIABILITY EITHER AT LAW OR EQUITY WHETHER KNOWN OR UNKNOWN, ASSERTED OR NOT ASSERTED THAT MAY ARISE FROM OR IN ANY WAY RELATE TO YOUR PARTICIPATION IN THE PROMOTION OR THE AWARDING, ACCEPTANCE, USE OR MISUSE OF ANY PRIZE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SPONSOR OR THE RELEASED PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR PARTICIPATION IN THE PROMOTION OR USE OR INABILITY TO USE ANY PRIZE, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE RELEASED PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE PROMOTION OR USE OF OR INABILITY TO USE ANY PRIZE EXCEED $10. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT EXCLUDE OR LIMIT LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS PURCHASED FROM THE SPONSOR, OR FOR THE RELEASED PARTIES’ GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FOR FRAUD.
Use of Winner's Name, Likeness, etc.: To the fullest extent permitted by applicable law, entry into the Promotion or being nominated to win a prize constitutes permission to use your name, hometown, aural and visual likeness and prize information for advertising, marketing, and promotional purposes without further permission or compensation (including in a public-facing winner list). As a condition of being awarded any prize, except where prohibited by law, winner may be required to execute a consent to the use of their name, hometown, aural and visual likeness and prize information for advertising, marketing, and promotional purposes without further permission or compensation. By entering this Promotion or being nominated to receive a prize, you consent to being contacted by Sponsor for any purpose in connection with this Promotion.
License to Submission: By entering the Promotion and providing your Submission in connection with the Promotion, you hereby grant to Sponsor a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license, (with the right to sublicense), to publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and sublicense your Submission, or any portion thereof (including your name and likeness as shown and conveyed in the Submission), in connection with the Promotion and for other advertising, marketing, and promotional purposes, and to incorporate Submissions, in whole or in part, into other works in any manner, form, media or technology now known or later developed. Sponsor will have no obligation to publish or use or retain any Submission you submit or to return any such Submission to you. You agree that it is your sole responsibility to obtain all permissions and releases necessary for the grant of the rights contained in this paragraph. You agree to take, at Sponsor's expense, any further action (including execution of affidavits, tax forms, and other documents) reasonably requested by Sponsor to effect, perfect or confirm Sponsor's rights as set forth above in this paragraph. You will not be entitled to compensation for any use by Sponsor, or its agents, licensees or assignees, of your Submission.
Winner List; Rules Request: For a copy of the winner list, send a stamped, self-addressed, business-size envelope for arrival after March 3, 2021 and before March 3, 2022 to the address listed in Section 16 below, Attn: “#CreatorIBelieveIn Promotion.” To obtain a copy of these Official Rules, visit www.iamacreator.convertkit.com/rules or send a stamped, self-addressed business-size envelope to the address listed in Section 16 below, Attn: “#CreatorIBelieveIn Promotion.” Vermont, U.S.A. residents may omit return postage.
Intellectual Property Notice: CONVERTKIT is a trademark of ConvertKit LLC. The Promotion and all accompanying materials are copyright © 2021 by ConvertKit LLC. All rights reserved.
Disputes: EACH ENTRANT AGREES THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION OR ANY PRIZE AWARDED WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO OR THE APPROPRIATE STATE COURT LOCATED IN BOISE, IDAHO. THESE OFFICIAL RULES ARE GOVERNED BY THE LAWS OF THE STATE OF IDAHO, WITHOUT REGARD TO CHOICE OF LAW OR CONFLICT OF LAW RULES. YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS.
General Conditions: Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. The terms “Entrants,” “you,” and “your” in Sections 8, 9, 14, and 15 of these Official Rules covers and includes all prize-winning Nominees. Sponsor reserves the right to change these Official Rules at any time, in its discretion, and to modify, suspend, or cancel the Promotion or any entrant's participation in the Promotion should viruses, bugs, unauthorized human intervention, pandemics, public disruptions, or other causes beyond Sponsor's reasonable control affect the administration, security, safety, or proper play of the Promotion, or Sponsor otherwise becomes (in its discretion) incapable of running the Promotion as planned. Entrants who violate these Official Rules, violate any law, rule or regulation in connection with participation in the Promotion, tamper with the operation of the Promotion or engage in any conduct that is detrimental or unfair to Sponsor, the Promotion or any other entrant (as determined in Sponsor's discretion) are subject to disqualification from the Promotion. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Promotion. Sponsor reserves the right to disqualify any entries received that contain inappropriate or offensive content. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. The use of the terms “include” or “including” in these Official Rules is illustrative and not limiting.
Sponsor: ConvertKit LLC, 750 S Bannock St, Unit #761, Boise, ID 83702.