AT&T BLACK HISTORY MONTH SWEEPSTAKES #3
NO PURCHASE NECESSARY TO PARTICIPATE OR WIN. A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. VALID INSTAGRAM™ ACCOUNT IS NECESSARY TO PARTICIPATE.
By participating in the Sweepstakes, you agree to resolve all disputes individually and by arbitration, as detailed in these Official Rules.
This Sweepstakes (defined below) is in no way sponsored, endorsed or administered by Instagram. Any questions that you have about the Sweepstakes should be directed to Sponsor (defined below) and not to Instagram.
As part of the entry process (as detailed below) you will be tagging and providing a brief rationale on why another individual is deserving of recognition and winning the applicable prize. Note: you, as the person submitting an entry may be referred to hereafter as the “Nominator” and the individual you are posting for honoring, the “Nominee”. If your entry is selected as the winning entry in the Sweepstakes, the Nominee discussed in your entry is the potential winner of the Sweepstakes and any prizing shall (in accordance with compliance of all requirements stated herein) be awarded to such Nominee. You may not nominate yourself.
ELIGIBILITY: To be eligible to participate in the Sweepstakes, as the Nominator or Nominee, you must, at time of entry be a U.S. citizen or U.S. resident alien who is physically located within the 50 United States & DC (“Eligibility Area”) and who is at least the age of majority in their state of residence at time of entry: 18 years of age in most states, 19 in Alabama and Nebraska, 21 in Mississippi.
To be eligible to participate in the Sweepstakes as the Nominee, you must have a demonstrated record of acting within the Black community to inspire others, advance chance, or connect people through at least one of the following means:
• Innovation (Inventors/Innovators);
• Social Influence;
• Creative Arts;
• Community Activism;
• Education; or,
• Public Service.
Employees, agents and directors of AT&T Services, Inc. (“AT&T” or “Sponsor”), Wasserman (“Administrator”), West Coast Marketing, a division of The Susquehanna Hat Company (“West Coast Marketing”) and their respective parent companies, affiliated companies, subsidiaries, partners, dealers, manufacturers, distributors, sponsors, advertising agencies, promotion and administration agencies and any entity which is involved in any aspect of the creation, production, operation, execution or fulfillment of the Sweepstakes (“Sweepstakes Entities”), and their immediate families (i.e., parents, spouse, siblings, children, grandparents, step parents, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related) are not eligible to enter the Sweepstakes.
In addition, the Nominee that you reference in your entry (as detailed below) must meet all of the eligibility conditions and restrictions detailed herein at time of winner notification and prize awarding.
By participating in this Sweepstakes or by accepting a prize, each Nominator and Nominee: (a) agrees to be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor and by the decisions of Sponsor; (b) acknowledges compliance with these Official Rules; (c) represents and warrants that he or she meets all the eligibility criteria set forth in these Official Rules; (d) agrees to comply with any and all applicable federal, state and local laws, rules and regulations; and (e) agrees to indemnify and hold harmless Sweepstakes Entities from and against any and all liability arising out of or relating in any way to entrant’s participation in Sweepstakes and to release all rights to bring any claim, action or proceeding against Sweepstakes Entities. This includes, but is not limited to, any and all claims, demands, damages and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss or any other harm, suffered directly or indirectly from entrant’s participation (or by acceptance of a prize, Winner’s participation) in Sweepstakes or the receipt or acceptance, redemption, possession, use or misuse of the prize, and for any claim including claims based on defamation, publicity rights, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property related or other cause of action. Void outside of the fifty (50) United States and the District of Columbia and where prohibited or restricted by law.
ENTRY PERIOD: The Sweepstakes commences at 8:00 am ET on February 19, 2024, and ends at 11:59 pm ET on February 21, 2024 (the “Entry Period”). The Sponsor’s time clock will be the official time keeping device for this Sweepstakes. All Entries (defined below) must be received within the Entry Period to be eligible. All interpretations of these Official Rules and decisions made by Sponsor relating to the Sweepstakes are final.
HOW TO ENTER: To participate in the Sweepstakes, Nominator and Nominee must each have an account with Instagram and must meet the applicable eligibility criteria provided in the Eligibility section above. If either do not have an account with Instagram, visit www.instagram.com and create an account according to the instructions on the website. Creating an account on Instagram is free. Please note that at time of setting up account, acceptance and agreement to comply with the terms and conditions for Instagram to create an account are required.
NOTE: Instagram accounts of Nominator and Nominee must be public in order for valid Entry in the Sweepstakes to take place.
On Kahlana Barfield Brown’s Instagram page (@Kahlanabarfield), she will create a post promoting the AT&T Black History Month Sweepstakes (“Post”).
To enter, during the Entry Period, complete the following:
- Follow the AT&T Instagram page @ATT (https://www.instagram.com/att/); AND
2. Respond in the Comments section of the Post (“Comment”). In that Comment, complete the following:
a. Tag @ATT;
b. Tag the Nominee you’re honoring and share a brief rationale for why you feel the Nominee is deserving of such honoring (this rationale will not be judged in any way),
c. Include the two (2) hashtags #ATTSweepstakes and #DreaminBlack.
TO TAG A NOMINEE IN A COMMENT YOU MUST FIRST HAVE THEIR WRITTEN PERMISSION TO DO SO. THE COMMENT MUST NOT INCLUDE ANY PERSONALLY IDENTIFYING INFORMATION ABOUT THE NOMINEE. ANY COMMENT WITH PERSONALLY IDENTIFYING INFORMATION WILL BE DISQUALIFIED.
By successfully completing the foregoing your submission shall be considered to be an entry (“Entry”) in the Sweepstakes. You may enter as often as you like but each Entry must be submitted separately. You may not enter the same Nominee more than once. An additional Entry from the same Nominator for the same Nominee will be disqualified.
IMPORTANT: In order to enter via Instagram, a service contract with a cellular telephone or wireless Internet or airtime provider may be required. Check with your service provider for availability and coverage. A wireless access point may be required. Cellular telephone service and/or wireless Internet services may require separately purchased contracts with a cellular telephone service provider or wireless Internet provider with coverage in your service area. Cellular telephone company and/or wireless Internet company determined fees may apply for all Instagram usage. In this Sweepstakes you may be using data program time and you may be charged in accordance with your mobile services contract. MESSAGE AND DATA RATES MAY APPLY WHEN ENTERING. Contact your cellular telephone or wireless Internet provider or refer to your service contract for complete details on these and any other applicable charges.
Entry may be referred to herein collectively as “Entries”. Each Nominator submitting an Entry may be referred to as an “Entrant”.
Upon submission of an Entry in this Sweepstakes, you agree (and you have notified the Nominee you are submitting with your Entry) that Sponsor may contact you and/or your Nominee via Instagram, by sending you and/or your Nominee a direct message, tagging you and/or your Nominee, posting to your and/or your Nominee’s social media page or naming you and/or your Nominee on Sponsor’s social media page. By submitting an Entry in connection with this Sweepstakes, you acknowledge and agree that you will clearly and conspicuously disclose that you are participating in this Sweepstakes by including the required hashtags #ATTSweepstakes and #DreaminBlack in the Entry as outlined above and any online social sharing interaction that references the Sweepstakes or that is used to obtain Entries in connection with this Sweepstakes. The two (2) hashtags #ATTSweepstakes and DreaminBlack must be included for Entry to be considered valid. Sponsor reserves the right in its sole discretion to disqualify any Entrant’s Entry which does not adequately disclose participation in this Sweepstakes while engaging in any online social sharing interaction during the Entry Period.
Multiple people are not allowed to share identities, registrations, usernames/handles or Instagram logins. Use of any automated system to participate in the Sweepstakes is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, stolen, damaged, misdirected, undelivered, garbled, illegible, or otherwise defective, deficient or impermissible Entries, for postage-due mail, or for computer hardware or software failures, malfunctions, errors or difficulties of any kind, whether human, electronic, computer, mechanical, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of Entries, the announcement or notification of the prizing or in any Sweepstakes-related materials.
To understand how Instagram utilizes and keeps user content and photos, please refer to their “Privacy & Safety” web page here: http://help.instagram.com/customer/portal/topics/43528-privacy-safety/articles.
Please note: Instagram is a registered trademark, which is herein used for purposes of Sweepstakes description only. Such use is not intended to suggest or imply the sponsorship, endorsement, or the approval of this Sweepstakes by the owner of said trademark.
I. Entry Requirements:
1. Nominators agree to and understand that Entries will be made available to the public, including without limitation, publishing on the Internet. Whether or not Entries are published on the Internet, Sponsor does not covenant or guarantee any confidentiality with respect to any Entries. The Entry must not include any personally identifying information about the Nominee.
2. Each Entry must be an original creation of the submitting Nominator, which is under no restriction, contractual or otherwise, that will prevent Sponsor’s use of the Entry and each Entry must be free of any and all liens, encumbrances and claims of third parties. Nominator acknowledges, agrees and warrants that, nothing in the Entry infringes on any copyrights, confidential information, trade secrets or trademarks belonging to any person or entity other than the Nominator, absent a suitable license, clearance or permission agreement (proof of which is required upon submission), or violates any persons rights of privacy or publicity and that all necessary releases and permissions have been secured. Nominator agrees to indemnify and hold harmless each of the Sweepstakes Entities, and each of their owners, officers, directors, employees, and affiliated organizations, and their respective officers, directors, shareholders and employees, from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by Nominator of these Official Rules or the warranties and representations made by Nominator in this paragraph. Modifying, enhancing or altering a third party’s preexisting work does not qualify as Nominator’s original creation.
3. By posting an Entry, the Nominator agrees, for zero compensation and solely for Sweepstakes Entry, to grant to Sponsor all intellectual property rights in the Entry and each of its constituent parts, which rights include, without limitation, the Sponsor’s right to publish, make available to the public and/or reproduce the Entry through any media available at any time during, or after, the Entry Period on any related websites, in any Sweepstakes materials, whether related or unrelated to the Sweepstakes, and at any other location, whether physical or online, that Sponsor, in its sole discretion, deems appropriate and necessary for the operation and promotion of this Sweepstakes. In addition, Nominator warrants that any so called “moral rights” in the Entry have been waived and Nominator acknowledges and agrees that Sponsor may use any ideas from any Entry or other submitted materials, whether or not Nominator has been awarded a Prize in connection with any such Entry or other materials. Nominator agrees to release, defend, indemnify and hold harmless each of the Sweepstakes Entities, and each of their owners, employees, directors, officers, shareholders, members, agents, subcontractors and licensees from all claims, demands and causes of action of any nature whatsoever which Nominator or Nominator’s heirs, representatives, executors, administrators, or any other persons acting on Nominator’s behalf or on behalf of Nominator’s estate, have or may have by reason of: (i) Sponsor’s exercise of any rights granted by Nominator in this paragraph; (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Sponsor’s use of the Entry and any portion thereof, or the likeness of any natural person therein.
4. Nominators are responsible for securing necessary permissions and releases for any material contained in the Entries.
5. Sponsor is not responsible for any expenses incurred in the production and delivery of the Entries.
II. Entry Content Restrictions: Entries must not contain material that:
1. Depicts someone smoking or intoxicated;
2. Violates or infringes another’s rights, including without limitation, privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
3. Promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
4. Contains any unacceptable clothing or adornments, or displays any commercial/corporate advertising other than that of Sponsor (including but not limited to corporate logos, brand names, trademarks, slogans, political, personal and religious statements);
5. Contains indecent or unsafe behavior or situations, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise inappropriate, indecent, profane, obscene, hateful, tortious, slanderous or libelous;
6. References persons or organizations without their written permission. This specifically includes the Nominee submitted with Nominator’s Entry;
7. Disparages any persons or organizations;
8. Includes threats to any person, place, business or group; and
9. Is unlawful, in violation of or contrary to any applicable federal, state, or local laws and regulations.
Failure of any Entry to comply with the above “Entry Requirements” and “Entry Content Restrictions,” as determined by Sponsor in its sole discretion, may result in disqualification of such Entry. Without limitation, Sponsor reserves the right in its sole discretion to disqualify any Entry that, in its sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Sweepstakes or any other person or entity, does not comply with these Official Rules, or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein. All Entries shall become the exclusive property of Sponsor and will not be returned. Entries must be suitable for presentation in a public forum, in sole determination of Sponsor.
The Sponsor’s database clock will be the official timekeeper for this Sweepstakes.
All federal, state, and local rules and regulations apply.
For purposes of this Sweepstakes, an Entry is received online when the Sponsor’s server records the Entry information. Proof of sending (such as an automated computer receipt confirming Entry or thanks for entering message) does not constitute proof of actual receipt of an Entry for purposes of this Sweepstakes. Illegible and/or incomplete Entries and Entries submitted by Nominators who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions, provide the required information in their Entry, or abide by these Official Rules or other instructions of Sponsor may be disqualified.
PUBLICITY RELEASE: By acceptance of the prize, the Winner (defined below) shall grant to Sponsor, and its representatives, affiliates, licensees and assigns, the right and permission to either record, film, videotape and photograph the Winner (“Images”) or have the Winner provide their own Images. These Images will be owned by Sponsor. Sponsor and each of its designees shall have the right to use, re-use, reproduce, publish, display, exhibit, distribute, edit, adapt, post, stream, copy and exploit such Images, and all elements embodied therein, including any names, likenesses, address (city and state), voice, conversation, biographical and prize information and any other attributes of Winner, in whole or in part, in conjunction with other material, if any, in any and all media now known or hereafter devised, for the purpose of trade, advertising, publicity, promotion, or a Sweepstakes Winner List or any other lawful purpose whatsoever, in perpetuity, throughout the world, without additional compensation, consideration, notification or permission, except where prohibited by law.
WINNING ENTRY AND NOTIFICATION: There will be one (1) potential winning Entry selected on/about February 22, 2024 from among all of the eligible Entries received. Random drawing will be conducted by representatives of the Sponsor. Decisions of Sponsor shall be final and binding in all matters relating to this Sweepstakes. As stated above the potential winner of the prize is the Nominee named on the Entry and not the Entry-submitting Nominator. The Nominee must be eligible to participate in the Sweepstakes according to the eligibility criteria provided above.
The Nominee named on a potential winning Entry will be notified within one (1) business day of the random drawing via Instagram direct messaging from Administrator and will be required to respond to such notification within twenty-four (24) hours, confirming Instagram username, providing first and last name, complete street address, city, state, zip code, daytime telephone number and email address and verifying having read the Official Rules and his/her willingness to participate in the Sweepstakes. Once a potential winning Nominee has responded in the affirmative, he/she/they will be provided with a set of documents including, but not limited to an Affidavit or Declaration of Eligibility and Liability Release and unless prohibited by law, a publicity release as well as an IRS #W9 form (the “Required Documents”). The potential winning Nominee will also be provided at time of notification with a copy of these Official Rules. Included in the Required Documents will be a statement indicating that the Nominee agrees to the Official Rules.
The potential winning Nominee will be required to complete, execute and return the Required Documents for receipt within three (3) days of date of issuance.
Executed Required Documents may either be faxed back or scanned and returned via email by potential winning Nominee.
If any potential winning Nominee fails to execute and return the aforementioned Required Documents or provide any other requested information within the required time period, the Nominee may forfeit the opportunity and prize and an alternate potential winning Entry (and subsequent potential winning Nominee) will be selected at random from among all eligible Entries received. The Sweepstakes Entities will attempt to contact up to a maximum of three (3) Nominees in accordance with the above procedure, after which the prize may go unawarded. As stated above, the prize will solely be awarded to the Nominee featured in the winning Entry. Once all correctly executed Required Documents have been received the potential winning Nominee shall be declared to be the winning Nominee for the Sweepstakes (the “Winner”). The Winner’s social security number or Federal Tax ID (as applicable) will be used for tax reporting purposes. An IRS Form-1099 will be issued to the Winner in January 2025 for the actual value of the prize received.
Sweepstakes Entities are not responsible if any notification(s) are not received due to the potential winning Nominee changing his/her Instagram username or problematic issues with potential winning Nominee’s Instagram account.
If a prize notification or prize is returned as undeliverable for any reason, Sponsor may decide, in its sole discretion, to award such prize to an alternate eligible Entry (and subsequent Nominee) or if time does not permit (in Sponsor’s opinion) to not award such prize. If a potential winning Nominee is unable to participate in or accept a prize or any portion of the prize for any reason, Sponsor will have no further obligation to that potential winning Nominee.
Prize is not transferable or assignable. No prize substitution will be allowed. Prize may not be sold, bartered or exchanged by the Winner. Prize is provided "as is" and without any warranty of any kind. By accepting the prize, the Winner acknowledges and agrees to compliance with these Official Rules.
ODDS OF WINNING: The odds of becoming the Winner in the Sweepstakes depend on the total number of Eligible Entries received.
PRIZE: There is one (1) prize available. The Winner will receive a check in the amount of $5,000. (the “Prize”).
Note: Prize will only be awarded to the specific Nominee as an individual and will not be awarded to a business or organization. Previous winner(s) of similar sweepstakes and contests run or held by the Sponsor within the last year are not eligible to be awarded a Prize in this Sweepstakes.
Prize will be fulfilled within 6-8 weeks of the completion of the Sweepstakes, but subject to change in Sponsor’s sole discretion. Prize will only be shipped to physical street address within the Eligibility Area. No substitution, transfer, assignment of the Prize, or any portion thereof, is permitted by the Winner. Sweepstakes Entities shall have no responsibility or obligation to the Winner who is unable or unavailable to, or who does not for any reason, accept or utilize the Prize. SPECIFIC ITEM AWARDED AS PRIZING IS AT THE SOLE DISCRETION OF SPONSOR OR ITS DESIGNEE. PRIZE IS PROVIDED “AS IS”. ENTRANTS ACKNOWLEDGE THAT SWEEPSTAKES ENTITIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE PRIZE AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Prizing pictured in any Sweepstakes materials are for illustrative purposes only. Arrangements for the fulfillment of the Prize will be made by the Administrator (or its designee) and/or Sponsor.
The value of Prize awarded is taxable to Winner as income. All federal, state and local taxes, and any other costs and expenses associated with acceptance and/or use of the Prize not specifically provided for in these Official Rules are solely the Winner’s responsibility.
RELEASES: The Sweepstakes Entities, Instagram, Inc. and any and all Internet server(s) and access provider(s), and each and all of their respective parent corporations, successors, subsidiaries, affiliates, related entities, licensees, assigns, and all of their respective officers, directors, shareholders, employees, agents and representatives (collectively, “Releasees”) are not responsible for: any incorrect or inaccurate Entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, hardware or software, including without limitation any injury or damage to participant’s or any other person’s computer or wireless device relating to or resulting from participation in the Sweepstakes; theft, tampering, destruction, or unauthorized access to, or alteration of, Entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or Instagram or web site or for any other reason whatsoever; typographical, printing or other errors; the inability to access Instagram; the inability to receive Instagram direct messages, emails or telephone calls; any other Sweepstakes related materials which are late, lost, incomplete, misdirected, stolen, mutilated, illegible, or any combination thereof. Entrants, by participating in the Sweepstakes, and Winner by acceptance of the Prize agrees that the Releasees shall have no liability whatsoever for, and shall be held harmless by Entrants or Winner (as applicable) against, any liability for any injuries, losses or damages of any kind, including, but not limited to, death or injury to persons, or property loss or damage, relating or resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the Prize or participation in this Sweepstakes. Proof of attempting to submit an Entry is not considered proof of delivery or receipt. Illegible or incomplete Entries, and mechanically reproduced Entries will be disqualified. All Entries become the property of the Sponsor and will not be acknowledged or returned. False, fraudulent or deceptive Entries or acts shall render its Entrant(s) (and their Nominee(s)) ineligible. By entering the Sweepstakes, Entrants affirm that they have read and accepted these Official Rules. By acceptance of the Prize in the Sweepstakes Winner affirms that they have read and accepted these Official Rules.
ARBITRATION: Except where prohibited by law, as a condition of participating in this Sweepstakes, Entrant (or by acceptance of a Prize, Winner) agrees that any and all disputes and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration under JAMS Expedited Arbitration. The arbitration shall be conducted in Dallas County before a single neutral arbitrator. The arbitrator shall follow Texas law and the Federal Rules of Evidence in adjudicating the dispute. Entrant (and by acceptance of the Prize, Winner) waives the right to seek indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses not to exceed fifty dollars ($50.00), and any and all rights to have damages multiplied or otherwise increased, and the arbitrator shall have no authority to award such damages. The determinations of the arbitrator shall be final and shall not be subject to judicial review; provided, however, that any award or determination rendered by the arbitrator may be entered in any court of competent jurisdiction. The expenses of arbitration, the fees and costs of legal counsel, experts and evidence shall be awarded to the prevailing party. In no event shall any Entrant (or Nominee) seek or be entitled to obtain rescission, injunctive or other equitable relief.
GOVERNING LAW/LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants (and by acceptance of the Prize, Winner) and Releasees in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Texas, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. By entering the Sweepstakes, Entrants (and by acceptance of the Prize, Winner), hereby submit to the jurisdiction and venue of the federal and state courts of Dallas County, Texas, United States and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum.
BY ENTERING THE SWEEPSTAKES, ENTRANT (AND BY ACCEPTANCE OF THE PRIZE, WINNER) AGREES THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT AND/OR WINNER BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT (AND BY ACCEPTANCE OF THE PRIZE, WINNER) HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S (AND BY ACCEPTANCE OF THE PRIZE) WINNER’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
FORCE MAJEURE: Releasees shall not be liable to the Winner or any other person for failure to supply the Prize or any part(s) thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), pandemic, labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, network or computer problems, internet problems, hacking, computer viruses, unauthorized computer access, tampering, or any other cause beyond Sponsor’s sole control.
GENERAL: If for any reason this Sweepstakes is not capable of running as planned, or if this Sweepstakes or Instagram or web site associated therewith (or any portion(s) thereof) becomes corrupted or does not allow the proper participation in the Sweepstakes and processing of Entries in accordance with these Official Rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by Entrants, fraud, technical failures, or any other causes, in the Sponsor’s sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend this Sweepstakes or any portion thereof. In the event this Sweepstakes is canceled, the Sponsor may (at Sponsor’s sole discretion) conduct a random drawing to award the stated Prize from among all eligible, non-suspect Entries received prior to the time of the action or event warranting such cancellation. If such cancellation, termination, modification, or suspension occurs, notification will be posted at www.att.com/dreaminblackrules.The Releasees are not responsible for the actions of Entrants (and by acceptance of a Prize, Winner) in connection with the Sweepstakes, including Entrants’ and/or Winner’s attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or who Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the Entrant and/or Nominee, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes, contest or promotion. ANY ATTEMPT BY AN ENTRANT, NOMINEE OR ANY OTHER INDIVIDUAL TO DAMAGE OR CORRUPT INSTAGRAM PLATFORM OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
If a dispute arises about who submitted an Entry, the Entry will be deemed submitted by the authorized account holder of the Instagram account used for Entry. The authorized account holder of said Instagram account is deemed the natural person who has registered with Instagram for the username associated with the submitted Entry. The potential winner may be requested to provide Sponsor with proof that he, she or they are the authorized registered user of the Instagram account associated with the potential winner and that all eligibility requirements are met.
In the event a potential winner’s Instagram account is a joint account or a business account, a total of only one (1) Prize will be awarded in the name of the first-named account holder or the organization. Proof to Sponsor’s satisfaction of being the authorized account holder may be required by Sponsor. If a dispute regarding the identity of the individual submitted as the Nominee in a winning selected Entry cannot be resolved to Sponsor’s satisfaction, the affected Entry and potential winning Nominee will be deemed ineligible. The Releasees are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind. Also, the Releasees are not responsible, and may disqualify an Entrant and/or Nominee, if his or her Instagram account does not work.
NOTE: Entry must be made by the Entrant only as detailed above. Entries made by any other individual or any entity, and/or originating at any other web site or email address, including, but not limited to, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. The use of any device or software to automate the Entry process is prohibited. Entries or other Sweepstakes materials that are incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late, misdirected, postage due, deceptive, in greater quantity than the limit stated above or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion.
NO INJUNCTIVE RELIEF: EACH ENTRANT AND BY ACCEPTANCE OF THE PRIZE, WINNER UNDERSTANDS AND AGREES THAT HE/SHE SHALL HAVE NO RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, ADVERTISING, PROMOTION, DISTRIBUTION OR EXPLOITATION OF THE SWEEPSTAKES OR ANY OTHER PROJECT OF SPONSOR OR ANY OF ITS AFFILIATES.
WINNER LIST/OFFICIAL RULES: For an Official Winner List (available after 2/25/24), or a copy of these Official Rules, send a self-addressed, stamped envelope to: “AT&T Black History Month Sweepstakes #3” (please specify Official Winner List or Official Rules), 22287 Mulholland Hwy., #396, Calabasas, CA 91302. Residents of Vermont with a return address in Vermont may omit the return postage on their Official Rules request. Official Rules are also available at www.att.com/dreaminblackrules during the Sweepstakes.
Sponsor: This Sweepstakes is sponsored by AT&T Services Inc., 208 S. Akard St., Dallas, TX 75202.
Administrator: This Sweepstakes is administered by Wasserman, 10900 Wilshire Blvd, Suite 1200, Los Angeles 90024.
NO PURCHASE NECESSARY. Valid Instagram Account required for entrant and nominee. Sweepstakes period starts 8:00 am ET and ends 11:59 pm ET during 2/19/24-2/21/24. Open only to legal residents of 50 U.S. & DC 18 or older who are age of majority. Subject to official rules at www.att.com/dreaminblackrules. Void where prohibited. Sponsor: AT&T Services, Inc., 208 S. Akard St. Dallas, TX 75202.