Official Terms and Conditions for Little Nugget’s #LittleNuggetCo Photo Challenge
1.BACKGROUND: Little Nugget will select certain photographs to be featured on the Little Nugget Social Pages (as defined below. In addition to the particular elements of the Photo Challenge that may be provided to you by Little Nugget, the following rules, regulations, terms and conditions (collectively the “Terms and Conditions”) shall apply.
2. ELIGIBILITY: Entrants must be at least the age of majority in the jurisdiction of residence and Entrants must be a legal resident of the country or jurisdiction in which these Terms and Conditions fully satisfy all legal requirements. The Photo Challenge will be void and/or Entrants ineligible where the legal requirements or restrictions of any jurisdiction prohibit or render illegal the Photo Challenge or the eligibility of an individual. Little Nugget, in its sole discretion, shall determine the eligibility of Entrants. Employees, inspectors, officers, and directors of Little Nugget, its parent, affiliates, and subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, and the immediate family members and persons living in the same household of such persons, are not eligible. Entrant must obtain express written consent from all subjects featured in the Photo Entry (defined below) to use their name and likeness in connection with the Photo Challenge. Entrants that do not comply with the Terms and Conditions are not eligible.
3. HOW TO SUBMIT YOUR PHOTO: In addition to other conditions which may be specified by Little Nugget in the promotion of #littlenuggetco, to submit your photo entry (“Photo Entry”), please follow @LittleNuggetCo on Instagram and submit an original photo using artwork from the Little Nugget app with the designated hashtag #littlenuggetco to Instagram. By using this hashtag, you agree to these Terms and Conditions set forth herein.
The Photo Entry MUST NOT: (i) contain any copyrighted works (other than as owned by you, the Entrant); (ii) contain vulgar, pornographic, obscene or indecent behavior or images; (iii) defame or libel any third party; (iv) been licensed or (v) contain any watermarks or other notices, whether digital or otherwise, obstructing the Photo Entry. Photo Entries that do not comply with these Terms & Conditions or that otherwise contain prohibited or inappropriate content as determined by Little Nugget, in its sole discretion, will not be shared. Automated entries (including but not limited to entries submitted using any robot, script, macro, or other automated service) are not permitted and will be disqualified.
Little Nugget is not responsible for technical failures of any kind, including without limitation, any failure of Instagram or any other website, any internet connection problems, technical malfunction of any computer on-line systems, servers, access providers, computer equipment, software, failure of any e-mail or entry to be received on account of technical problems or traffic congestion on the internet or at any website, or any combination thereof including any injury or damage to an Entrant’s computer or electronic device or any other person’s computer or electronic device (collectively, “Technical Failures”), all of which may affect the Entrant’s ability to participate. Little Nugget reserves the right to disqualify any Entrant and to seek any remedy at law or equity in the event you, in Little Nugget’s reasonable opinion: tamper with any website, the entry process; violate the Terms and Conditions herein; or act in an unsportsmanlike or disruptive manner. Once a photo is submitted it cannot be changed, altered or modified. Little Nugget has no obligation to post any photos submitted; all sharing or posting of photos is done in Little Nugget’ sole discretion.
THIS IS AN ONGOING CONTEST. LITTLE NUGGET WILL RANDOMLY SELECT A WINNER EACH MONTH THAT MEETS ALL ENTRY CRITERIA LISTED IN THE GLEAM.IO ENTRY FORM. THERE IS NO PRIZE AND NO VALUE AWARDED SIMPLY FOR PARTICIPATION AND SUBMISSION OF A PHOTO. THERE IS NO FEE TO ENTER. THE APPROXIMATE RETAIL VALUE OF THE PRIZE IS $50.
4. PHOTO SELECTION: The photographs to be featured on Little Nugget’s Facebook, Instagram, and Pinterest Pages will be selected by Little Nugget based on perceived quality, creativity, artistic merit, and other criteria, which may be identified by Little Nugget as part of the Photo Challenge. All photos submitted must contain artwork from the Little Nugget app to be considered. All decisions of Little Nugget regarding the Photo Challenge are final and binding. Little Nugget will contact you by Instagram prior to featuring your Photo Entry on the Little Nugget Social Pages. If your Photo Entry is selected, you may be asked to sign a confirmation of eligibility and compliance with these Terms and Conditions, a publicity/liability release (unless prohibited by law), and/or any other documents which you must return within the time period stipulated in such documents. If your Photo Entry is selected, you may also be asked to provide confirmation of identification either by passport, driver’s license or other documentation that may be required to provide Little Nugget with proof that you are the authorized account holder of the Instagram account associated with the selected Photo Entry. Failure to comply with these requirements may result in disqualification.
Little Nugget reserves the right, in its absolute discretion to remove any Photo Entry, at any time, from the Little Nugget Instagram Page, or any other website, for any reason whatsoever
5. RIGHT TO USE: By submitting your Photo Entry, you grant Little Nugget the right and permission (except where prohibited by law) to copy, reproduce, encode, store, transmit, publish, post, broadcast, display, adapt, exhibit and/or otherwise use or reuse (without limitation as to when, duration, or the number of times), the Photo Entry and your: name; Instagram name; image; voice; persona; sobriquet; likeness; statements; and biographical material on the Little Nugget Instagram Page, Social Pages and/or the Little Nugget blog located at http://littlenuggetco.com/blog, and/or the Little Nugget Facebook page located at https://www.facebook.com/littlenuggetco for purposes of administering and advertising the Photo Challenge, Little Nugget in relation thereto; all of the foregoing without additional review, compensation, notice to, or approval from you or any other party, unless prohibited by law. By submitting an Instagram photo with the designated hashtag, you consent to the collection, use, and disclosure of the information described herein.
6. REPRESENTATIONS & WARRANTIES: By submitting a photo, you represent and warrant that: (i) you have all rights and necessary consents or permission to submit the photo for use set forth herein, including consent and permission for Little Nugget’s use from any individual featured in the photo; (ii) your photo does not infringe any third party intellectual property, privacy or publicity rights or any other legal or moral rights to any party, (iii) each Photo Entry was created by you; (iv) you will use the Photo Entry for personal use purposes only and will not be used for any commercial purpose or conduct that is of commercial character, whether or not it is used in the expectation of profit; and (v) you are complying with these Terms & Conditions.
7. RELEASE: BY SUBMITTING A PHOTO ENTRY, YOU AND EACH OF YOUR HEIRS, SUCCESSORS AND ASSIGNS RELEASES AND AGREES TO HOLD HARMLESS LITTLE NUGGET AND ITS PARENT, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, INSPECTORS AND AGENTS FROM ANY LIABILITY WHATSOEVER (WHETHER ARISING IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY) FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION) ARISING OUT OF OR IN CONNECTION WITH: (I) SUBMITTING A PHOTO; OR (II) OTHERWISE ARISING OUT OF OR RELATING TO THE PHOTO CHALLENGE.
8. INDEMNIFICATION: You agree to indemnify and hold harmless Little Nugget and its parent, subsidiaries and affiliates and their respective officers, directors and employees (“Indemnified Parties”) from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against the Indemnified Parties due to or arising out of his or her entry or conduct during and in connection with the Photo Challenge , including but not limited to any claims for trademark, copyright, or other intellectual property right infringements, right of publicity, right of privacy or defamation whether arising in contract, tort (including negligence) or any other legal theory.
9. DISCLAIMER AND LIMITATION OF LIABILITY: LITTLE NUGGET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ENTRANT’S PARTICIPATION IN THE PHOTO CHALLENGE. LITTLE NUGGET SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM OR RELATES TO PARTICIPATION IN THE PHOTO CHALLENGE, OR BEING SELECTED, INCLUDING BUT NOT LIMITED TO: (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE PHOTO ENTRIES; (II) TECHNICAL FAILURES (AS DEFINED ABOVE); (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; (IV) THE DOWNLOADING OF ANY MATERIAL IN CONNECTION WITH THE SPOTLIGHT; AND (V) ANY OTHER CONDITION THAT MAY CAUSE THE SPOTLIGHT TO BE DISRUPTED OR CORRUPTED. LITTLE NUGGET RESERVES THE RIGHT, SUBJECT TO APPLICABLE LAW, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL OR ALTER THE RULES FOR ANY REASON, IN WHOLE OR IN PART, INCLUDING, BUT NOT LIMITED TO, IF AT ANY TIME A COMPUTER VIRUS, TECHNICAL PROBLEM, OR OTHER UNFORESEEABLE EVENT ALTERS OR CORRUPTS THE ADMINISTRATION OF THE SPOTLIGHT.
10. DISPUTES & GOVERNING LAW: THE LAWS OF THE STATE OF INDIANA SHALL GOVERN THESE TERMS AND CONDITIONS. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN INDIANAPOLIS, INDIANA FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE SERVICE.