Bowlero Instagram (Bowlero Elite Series – Tag a Friend) Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
This Sweepstakes may only be entered by persons residing in the 50 United States (excluding Rhode Island), the District of Columbia or Puerto Rico. Entries originating from any other jurisdiction are not eligible for entry. This Sweepstakes is not affiliated with Instagram or any of its affiliates or related properties, and none of them endorse or promote the Sweepstakes or any activities conducted by Sponsor hereunder.
Bowlero Corp., its subsidiaries and affiliated companies and properties (collectively, the “Company” or “Sponsor”), is conducting a sweepstakes subject to these general rules, and by participating, each participant agrees as follows:
The Company is conducting the sweepstakes described herein (“Sweepstakes”). As used herein, “participant” means any individual participating in the Sweepstakes in any way, manner or form, including by entering or registration in the Sweepstakes. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
Participant represents and warrants that it is the sole and exclusive creator of the Works and that no third party ownership rights exist to any Works. Participant hereby agrees that all Works once submitted, delivered, given, uploaded, posted, transmitted, communicated, or otherwise shall constitute works made for hire owned exclusively by Company. If, by operation of law, the ownership of Works does not automatically vest in Company, participant will take necessary steps to assign ownership to Company. Prior to any such assignment, participant will hold such rights in the Works in trust for the sole right and benefit of Company and its affiliates. As a precaution against the event that a Work, or any element or component thereof, is by operation of law not considered to be a work made for hire, and to ensure the complete and absolute vesting of all rights, title, interests and intellectual property rights therein and thereto exclusively in Company, participant hereby unconditionally and irrevocably transfers, conveys, assigns, sets over, and quitclaims to Company and its successors and assigns all rights, title, and interests of every kind and nature, including, without limitation, all intellectual property rights, and every other proprietary right (including all renewal and extension rights with respect thereto) which participant may have or hereafter acquire in the Work, or any improvement thereof, or any element or component of any of the foregoing, whether created by participant, Company, or a third party, without any additional consideration free and clear of any liens or encumbrances. To the extent that moral rights or any other intellectual property right or interest cannot be assigned under applicable law, participant hereby waives, to the maximum extent permitted by law, such rights and interests and consents to any action of Company or Company’s successors, licensees, or assigns that would violate such rights and interests. If such Works are not by operation of law considered property owned by Company, participant hereby is deemed to have given the Company authorization, permission, approval, consent to use, and an nonexclusive, unlimited, unconditional, perpetual, irrevocable, worldwide, royalty-free, fully-paid, sublicensable, transferable and assignable license to use, reproduce, distribute, display, duplicate, form a derivative work, access, store, copy, rearrange, sell, lease, rent, redistribute, modify, alter, archive, translate, create derivative works, loan, pledge, granting of a security interest, granting of a lien, encumber, convey, download, exchange, exhibit, perform, exploit, upload, transmit, broadcast, host, index, cache, tag, encode, compile, adapt, create a collection with, publish, or disassemble the Work, anywhere in the world, for any purpose, in or related to any and all media or distribution methods (now known or later developed). In such event, participant shall protect and defend, at his/her own cost and expense, its interest in and to the Work from and against all claims, liens and legal processes and shall not assign, sell, encumber, use or transfer his interest therein in a manner which would adversely effect Company’s rights thereto.
All rights granted or agreed to be granted by participant hereunder to Company shall vest in Company automatically and immediately upon participant’s creation and submission, delivery or provision of an entry and/or Work to Company, and shall remain perpetually vested in Company and its successors and assigns. Participant shall, without any additional consideration, take all actions and execute and deliver all documents (and cause its employees, contractors, agents and representatives to do the same) as Company may reasonably request to effectuate the acknowledgment of ownership of the Work. Participant shall not reuse the Work, or any intermediate or partial version thereof, or any derivative work based upon the Work without Company’s express written consent, which consent may be withheld by Company in its sole discretion.
Sponsor is not responsible for lost, late, illegible, stolen, mutilated, incomplete, invalid, unintelligible, misdirected, postage-due, technically corrupted or garbled entries or communication, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed entries are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.
2. Start/End Dates
Each Sweepstakes expressly sets forth the start and end dates in which submissions are permitted. Such period is known as the “Sweepstakes Period”. Entries received before or after the Sweepstakes Period will be void and ineligible for consideration. The Sweepstakes Period for this Sweepstakes begins 12:01 am EST on August 28, 2019 and ends the earlier of (a) 11:59 pm EST on August 29, 2019, and (b) such date and time as Sponsor may determine in its sole discretion with or without notice.
Participation is open only to legal residents of the 50 United States (excluding Rhode Island), the District of Columbia and Puerto Rico, who are 18 or older as of date of entry. Void outside of the 50 United States, the District of Columbia and Puerto Rico, and where prohibited, taxed or restricted by law. Employees of Sponsors, its subsidiaries, their respective advertising and promotion agencies, and each such entity’s immediate family members and/or those living in the same household of each are not eligible. “Immediate family member” shall be deemed to mean husband, wife, children, mother, father, sister, sister in-law, brother or brother in-law. All federal, state and local laws and regulations apply.
Only one entry per person permitted during the Sweepstakes Period. Subsequent entries received by the Company after the Sweepstakes Period expires will be void and discarded. Entries received by the Company before the commencement of the Sweepstakes Period will be void and discarded. For mail entries, the post-marked date will be considered the date the entry is received by the Company. Additional entries made by the same person after the initial entry will be void and discarded.
There are two (2) ways to enter into this Sweepstakes:
An eligible participant may enter by doing all of the following: posting a reply to and “liking” during the Sweepstakes Period Bowlero’s official announcement of the Bowlero Elite Series at the start of the Sweepstakes Period which announces the Sweepstakes, following @bowleroeliteseries on Instagram, and tagging three (3) friends to such reply (the friends will not be deemed participants in the Sweepstakes merely be being tagged). A participant may post multiple replies during the Sweepstakes Period however only the participant’s initial reply will be considered an eligible entry. All subsequent entries from the same participant will be void. The user account associated with the original posting of the reply shall be deemed the participant for such submission. Participants who post on Instagram accounts must have their profiles public in order to be eligible.
An eligible participant may also enter by submitting a letter with participant’s complete name, email, mailing address, phone number and age and mail with proper postage and request for entry in the Bowlero Instagram (Bowlero Elite Series – Tag a Friend) Sweepstakes presented by Bowlero, 222 West 44th Street, New York, NY 10036. All mailed entries must be postmarked no earlier than the first day of the Sweepstakes Period and no later than the last day of the Sweepstakes Period and received by Sponsor on or prior to the seventh (7th) day after the last day of the Sweepstakes Period. All entries become the sole and exclusive property of Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, mutilated, incomplete, invalid, unintelligible, misdirected, postage-due, technically corrupted or garbled entries or mail, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed entry forms are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor. By being a participant in the Sweepstakes, a participant hereby agrees to be bound by and agree to the terms of these Rules which will govern the affairs and relationship between the participant and the Sponsor concerning the Sweepstakes.
4. Random Drawing/Odds
One (1) potential winner will be selected in a random drawing from all eligible entries received. Odds of winning depend on the number of eligible entries received for the drawing. Drawing will be conducted by a Sponsor representative on or about the tenth (10) day after the Sweepstakes Period expires. By entering the Sweepstakes, participants fully and unconditionally agree to be bound by these rules and the decisions of Sponsor which will be final and binding in all matters relating to the Sweepstakes. Decisions as to the administration and operation of the Sweepstakes and the selection of the potential winner is final and binding in all matters related to the Sweepstakes.
One (1) potential winner will be selected and awarded one (1) Bowlero gift card with redemption value of Fifty Dollars ($50.00). Terms and conditions apply to the gift card.
In the case of unavailability of any prize, Sponsor reserves the right to substitute a prize of equal or greater value. No cash equivalent and all prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. If a winner cannot be contacted or is disqualified for any reason, the Sponsor reserves the right to determine an alternate winner or not to award that winner’s prize, in its sole discretion.
The potential winner(s) will be notified by email, phone or other communication, and will be required to sign and return, where legal, a notarized Affidavit of Eligibility and Liability/Publicity Release within three (3) days of prize notification. If this Sweepstakes allow for minors as eligible participants and the winner is considered a minor in his/her jurisdiction of residence, the Liability/Publicity Release must be signed by his/her parent or legal guardian and such prize will be delivered to minor’s parent/legal guardian and awarded in the name of parent/legal guardian. If any prize or prize notification is returned as undeliverable, if the potential winner cannot be contacted for any reason, if any winner rejects his/her prize or in the event of noncompliance with these Sweepstakes rules and requirements, such prize will be forfeited and an alternate winner may be selected from all remaining eligible entries. Upon prize forfeiture, no compensation will be given. The potential winner is subject to verification by Sponsor, whose decisions are final and binding in all matters related to the Sweepstakes. A participant is not a winner of any prize unless and until participant’s eligibility, and the potential winner has been verified and participant has been notified that verification is complete.
All federal, state and local taxes are the sole responsibility of the winners. Sponsor may require winners to submit documentation to permit it to comply with all applicable state, federal and local tax reporting and all prizes will be net of any taxes Sponsor is required by law to withhold.
Each participant (including any winner), on their behalf and on behalf of their heirs, executors, heirs, executors, administrators, trustees, legal representatives and assigns, unconditionally and forever hereby grant to Company and its employees, contractors, agents, licensees and assigns the irrevocable, worldwide, royalty-free, unconditional and perpetual right: (a) to make audio, photograph, video, fixed works, or other recordings (collectively, “recordings”) of participant’s and winner’s name, address (city and state), image, sounds, likeness, photograph, picture, portrait, voice, biographical information, actions, expressions, and/or any statements made by each participant and winner, including, without limitation, any voice, name, biographical information, and likeness owned or controlled by any of them (collectively, “information sets”) in connection with the Sweepstakes and for any other purpose, and (b) to edit, make derivative works from, copy, distribute, exploit, broadcast, use and/or transmit such recordings and information sets in all manners, formats and media now known or hereafter devised throughout the universe in perpetuity in such manner and to such extent as Company in connection with its business and operations deems appropriate in connection with the Sweepstakes and for any other purpose. All rights of every kind in such recordings and information sets in all manners, formats and media now known or hereafter devised (including without limitation all copyrights therein and all renewals, extensions and restorations of said copyrights), shall be solely owned throughout the universe in perpetuity by Company and its successors and assigns. The rights herein granted include, without limitation, all television rights, theatrical rights, home video and DVD rights, interactive cable rights, internet site rights, so-called “wireless” and mobile device rights (e.g., iPod, cellular phone, ringtones, mp3 player), digital distribution rights (e.g. streaming and download), computer-assisted media rights (including, without limitation, CD-ROM, CD-I, and other similar disc systems), and rights relating to any other devices or methods now existing or hereafter devised, with respect to the use of information sets in and in connection with any PBA Activity and any derivative works thereof. All rights (including ownership and intellectual property rights) to such recordings and information sets are reserved in Company and are assignable, transferable and sublicensable. The Company has sole discretion to use or not use any such recordings and information sets without notice. No participant, including any winner, is entitled proceeds, compensation, royalties, or other payment resulting from such recordings, information sets or the Sweepstakes or otherwise in connection with Company or its assignees usage rights hereunder whatsoever. Any such recordings and information sets publicly distributed shall be subject to the Company sole and exclusive discretion. Participant further agrees that Company may use all or any part of the information sets and recordings, and may alter or modify it, regardless of whether or not participant is recognizable. Participant further agrees that Company may use participant’s information set and recordings in connection with any marketing, promotion, publicity, advertisement, and/or merchandising.
articipation in Sweepstakes and acceptance of prize constitutes each participant’s and winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by each participant and winner regarding the Sweepstakes or Sponsor for advertising, marketing, promotional and other business purposes without notice or additional compensation. By participating, each entrant hereby irrevocably grants to Sponsor, and those acting with its authority, the unrestricted, irrevocable, unconditional, absolute, perpetual, worldwide right and license to use entrant’s name, address (city and state), photograph, likeness, voice, biographical and personal background information, statements, and Sweepstakes entry, and, without limitation, any notes, photograph, film, or video or audio tape, recordings that may be taken of entrant or of such materials (the foregoing, collectively, the “Content”), without further compensation, consideration, or notice or permission to entrant or to any third party, and to reproduce, copy, modify, create derivative works of, display, perform, exhibit, distribute, transmit or broadcast, publicly or otherwise, or otherwise use and permit to be used the Content or any part thereof, whether alone or in combination with other materials (including but not limited to text, data, images, photographs, illustrations, and graphics, video or audio segments of any nature), in any media or embodiment now known or hereafter developed (including but not limited to any format of any computer-based, Internet-based, electronic, magnetic, digital, laser or optical-based media), in connection with any Sponsor (or its designee)’s advertising, promotion, publicity, trade, sweepstakes or contest promotions, activities, or materials.
Each participant represents and warrants that (i) there are (and will be) no restraints or limitations upon Company’s usage rights granted herein; (ii) there are no third party agreements or arrangements preventing participant from entering into and carrying out the obligations contemplated under these rules nor from granting Company the rights and benefits set forth herein; (iii) he/she will not at any time make any false, negative, defamatory or derogatory statements regarding Company, its personnel, agents, representatives, officers, directors, other members or its properties.
Participants and winners agree to release and hold harmless Sponsor, its advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (“Released Parties”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in the Sweepstakes, or possession, acceptance and/or use or misuse of any prize or participation in any Sweepstakes-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Sponsor is not responsible if Sweepstakes cannot take place or if any prize cannot be awarded due to acts of war, natural disasters, weather, acts of terrorism or events beyond reasonable control of Sponsor. Participants who do not comply with these Sweepstakes rules, or attempt to interfere with this Sweepstakes in any way shall be disqualified. Participants and winners will defend, indemnify and hold harmless Company and its respective parents, subsidiaries, affiliates and related entities, successors, licensees, assignees, directors, officers, shareholders, members, employees, contractors, agents and representatives from any claims, damages, loss, liability, costs, penalties or expenses of any kind (including reasonable outside attorneys’ fees and costs) arising from or in connection with any breach or alleged breach by participant/winner of their representations, warranties, covenants and/or obligations hereunder, and any acts or omissions undertaken by any of them in connection with the Sweepstakes.
8. Additional Terms
In case of dispute as to the identity of any participant, entry will be declared made by the registered name and address on such entry. Any potential winner may be requested to provide Sponsor with proof that such person is the winner. Any other attempted form of entry is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. Sponsor, its affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Sweepstakes, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Sweepstakes for any reason with or without notice, including if in its sole discretion it determines virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the integrity, administration, security, fairness or proper conduct or functioning of the Sweepstakes. In such event, Sponsor reserves the right in its sole discretion to award the prize(s) from among the eligible entries received up to the time of the impairment, substitute the prize for a product or service of similar stature, or exercise any other relief Sponsor elects as appropriate in its sole discretion. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or web site used in connection therewith. Sponsor may prohibit a participant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said participant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other participants or Sponsor representatives or otherwise impairs or harms, or threatens to impair or harm, Sponsor’s business and operations or otherwise fails to adhere to these terms or conducting himself/herself in a manner detrimental to the Sweepstakes or Company in any manner.
CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB SITE USED IN CONNECTION WITH THE SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by participants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an participant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, participant’s sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these official rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
Except where prohibited, participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a state or federal court located in New York, New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these official rules, or the rights and obligations of the participant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
UNDER NO CIRCUMSTANCES SHALL SPONSOR, ITS AFFILIATES OR SPONSOR REPRESENTATIVES BE LIABLE TO ANY PARTICIPANT OR WINNER FOR ANY LOSSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, GENERAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF PROFITS, LOSS OF DATA, LOST SAVINGS, OR LOSSES ARISING FROM BUSINESS INTERRUPTION) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO OR IN CONNECTION WITH THE SWEEPSTAKES, THE PRIZES OR THE DELIVERY THEREOF. In the event of any conflict or inconsistency or ambiguity between these Rules and another document or instrument, the terms of these Rules shall govern and control. Sponsor shall be entitled to seek equitable relief, including injunction and specific performance, as a remedy for any actual or threatened breach by participant of his/her obligations under these Rules (without proof of actual damages or harm, and not subject to any requirement for the securing or posting of any bond in connection therewith) in a court of competent jurisdiction. If and to the extent that any court or tribunal of competent jurisdiction holds any provision of these Rules to be unenforceable in a final non-appealable order, such unenforceable provision shall be stricken and the remainder of these Rules shall not be affected thereby. Abiding by these Rules constitutes a personal obligation of the participant and may not be delegated to, assigned to or assumed by another individual. If any provision or provisions of these Rules are held to be invalid, illegal or unenforceable by a court or tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. . These Rules represent the entire understanding of the parties regarding the Sweepstakes, and supersedes all prior or contemporaneous understandings or negotiations, whether oral or written, implied or express. Any modification to these Rules requires a writing signed by an authorized of the Sponsor. These Rules may be amended, modified or otherwise changed from time to time by Sponsor in its sole and absolute discretion. The posting of such Rules, as amended, modified or otherwise changed, and participant’s continued participation in the Sweepstakes shall constitute participant’s acceptance and agreement to be bound by such Rules, as amended, modified or otherwise changed.
9. Use of Data
10. List of Winners
To obtain a list of winners, send a self-addressed, stamped envelope within ten days after expiration of the Sweepstakes Period to: Bowlero Corp., 222 West 44th Street, New York, NY 10036 attn: Bowlero Instagram (Bowlero Elite Series – Tag a Friend) Sweepstakes presented by Bowlero
Bowlero Corp., 222 West 44th Street, New York, NY 10036.