Tom of Finland Vodka Photo Competition (“Contest”)
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
OPEN ONLY TO LEGAL RESIDENTS OF UNITED STATES, WHO ARE 21 YEARS OF AGE OR OLDER, AS OF DATE OF ENTRY. VOID WHERE PROHIBITED BY LAW.
INTERNET ACCESS AND VALID E-MAIL ADDRESS REQUIRED.
SPONSOR: Wolf Spirit LLC, 121 Monroe Street, Eugene, OR 97402
CONTEST ADMINISTRATOR: ION Marketing Group, a division of Bovitz, Inc., 16133 Ventura Blvd., Suite 820, Encino, CA 91436
1. Contest Period: Contest begins April 8, 2022, at 12:00 a.m. Pacific Standard Time (“PST”) and entries will be accepted until May 27, 2022, at 11:59 p.m. PST. Contest Administrator’s computer is the official clock for the Contest.
2. Contest Eligibility: Open only to legal residents of the United States, 21 years of age or older, as of date of entry. The following persons are also NOT eligible to enter or win: (a) employees, officers, directors of Wolf Spirit LLC, ION Marketing Group, a division of Bovitz, Inc., their respective parent companies, subsidiaries, divisions, affiliates and agencies; (b) employees, officers, directors of retailers, suppliers, importers, wholesalers, distributors or other
entities holding an alcohol beverage license; (c) members of the immediate family or same household of persons in subsections (a) and (b).
3. How to Enter: This Contest requires entrants (“Entrants”) to post at least one photo to their personal Instagram page during the Contest Period that satisfy the rules outlined below. Entrants are required to:
a. Post at least one photo on Instagram (“Submission”)
• The Submission must be in feed only, not on Instagram Stories
• The image should be inspired by the Tom of Finland ethos – supporting the LGBT community and arts, and portraying a positive, fun, affirming vision of sexuality
b. Follow @tomoffinlandvodka if you are 21+ and tag @tomoffinlandvodka in the photo
c. Use the hashtags #YourTomIsShowing and #tomsbdaycontest in the caption of the post
d. Entrant’s Instagram page must be public
Sponsor and Contest Administrator will select, based on photo quality, artistic expression and alignment with the Tom of Finland ethos, a total of 8 Entrants to become finalists (each, a “Finalist”) and advance to the final round of Contest. Each Finalist will receive a stipend of $500 USD, payable by check from ION Marketing Group, a division of Bovitz, Inc.
Individuals may include multiple photos in their Submission. There is no Submission limit per individual. All Submissions must meet the requirements above. No other form of Submission will be accepted.
Each Finalist, by acceptance of a stipend, except where legally prohibited, grants permission for the Sponsor and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness and Prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. Furthermore, Finalist will sign an agreement releasing rights to the photograph to the Sponsor and its designees.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram.
4. Entry Limits & Other Restrictions: There is no Entry limit per individual. A given Entry may only be the work of a single individual. Excessive use of photo-editing software is prohibited.
In the event of a dispute over the identity of a person responsible for an Entry, such Entry will be credited to the Authorized Account Holder of the e-mail account associated with the Instagram account used to submit the Entry. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with email address.
Restrictions for the photo include the following:
• no violation of 3rd party rights
• no hate speech;
• no obscenity, vulgarity or otherwise inappropriate material;
• no illegal conduct;
• nothing disparaging the Tom of Finland Vodka brand;
• no advocating of violent behavior;
• no alcohol consumption;
• no promotion of irresponsible behavior (e.g., drinking and driving);
• no one under 21 years of age
In addition, the photo must be relevant to the Contest theme and truthful.
If participating via the Instagram app or on a compatible mobile website, you agree that you will be solely responsible for wireless Internet access charges and other fees that may be imposed by your wireless provider. Wireless Internet access is not available in all areas.
5. Winner Selection: A total of two winners will be chosen. The first winner will be chosen by a panel of judges (“Jury Winner”), and the second winner will be calculated based on the Submission receiving the most votes on Instagram (“Audience Winner”), as outlined below. Contest Administrator will post each Finalist on the Tom of Finland Vodka Instagram feed (https://www.instagram.com/tomoffinlandvodka), one per day, starting on June 1, 2022. Sponsor and Contest Administrator will determine in their sole discretion the order in which Finalists are
posted as well as all other aspects of posting. Finalists understand and agree that their photo as posted on the Tom of Finland Vodka Instagram page may differ from their photo as originally posted on their Instagram account due to technological, programming or other limitations, malfunctions or errors; and, Finalist releases, indemnifies and agrees to hold harmless Sponsor, Contest Administrator and Meta Platforms, Inc. in conjunction therewith. In all cases, photos will be attributed to Finalists via their Instagram handle.
On or about July 1, 2022, the Jury Winner will be selected by a panel of judges sourced by Contest Administrator. The panel will consist of 3-5 judges, including at least one representative each from Tom of Finland Vodka and the Tom of Finland Foundation. The panel will select their favorite photo based on photo quality, artistic expression, and alignment with the Tom of Finland ethos and that Finalist will be deemed the Jury Winner.
The Audience Winner will be determined based on the Submission that receives the most votes on the Tom of Finland Vodka Instagram page. A vote (“Vote”) is a comment to the Finalist post on the Tom of Finland Vodka Instagram page (https://www.instagram.com/tomoffinlandvodka) with the word “VOTE” and the hashtag #YourTomIsShowing. For the avoidance of doubt, no other form of acknowledgment/approval of Submission on Instagram (e.g., liking) will count as a Vote. Voting will be open from the time the Finalist photo is posted on the Tom of Finland Vodka Instagram page through June 30, 2022, at 4:00 p.m. PST. However, Sponsor reserves the
right to modify the Voting Period by providing notice to such effect on the Tom of Finland Vodka Instagram page.
The Finalist who receives the most Votes on Instagram (as tabulated by Contest Administrator) will be declared the Audience Winner. The Audience Winner will be selected at 4:00 p.m. PST on June 30, 2022. Any vote total or leader board posted on the Tom of Finland Vodka Instagram page is in no way binding upon Sponsor or Contest Administrator; the Audience Winner will be notified personally by Contest Administrator.
By participating in the Contest, you agree to abide by and be bound by these Official Rules as well as the decisions of Sponsor and Contest Administrator, which are final and binding in all respects and not subject to appeal.
6. Prize: The prize is $1,000 USD, paid by check from ION Marketing Group, a division of Bovitz, Inc. A total of two (2) prizes will be awarded. The Jury Winner will receive a prize of $1,000 USD and the Audience Winner will receive a prize of $1,000 USD.
In General: Prizes must be accepted as awarded. All expenses unspecified in these Official Rules as well as all taxes on value of prize(s) won are the sole responsibility of winner. The Prize winner understands and agrees that he/she will be issued an IRS 1099 Tax Form reflecting the value of the prize(s); Prize winner further agrees to fully cooperate with Sponsor/Contest Administrator as to their compliance with reporting his/her receipt of prize(s) as per applicable
law. Prizes are not transferable without the written prior consent of Sponsor, which may be granted or withheld in its sole discretion and without liability of any kind.
7. Winner Notification: Potential winners will be notified via e-mail, direct message on Instagram, phone and/or mail (method[s] of notification being determined in sole discretion of Sponsor and Contest Administrator) and must sign an affidavit of eligibility, a liability release & a publicity release (where legal) to be returned within indicated time period. Affidavit/release must be returned within seven (7) days of notification. Failure to do so, if potential winner
cannot be contacted for any reason (including, if applicable, invalid e-mail address or winner notification e-mail being classified as “junk” or “SPAM”), or if potential winner is determined by Sponsor/Contest Administrator to be in violation of these Official Rules, he/she will be disqualified. In the event of disqualification, the prize will be forfeited without compensation (or other liability or obligation of any kind) and an alternate will be selected from among all remaining Finalists for either the Jury Prize or the Audience Prize, as applicable, as set forth above.
8. Releases of Liability & Publicity: By participating in the Contest, you release, indemnify and hold harmless (a) Sponsor, Contest Administrator, their respective parent companies, subsidiaries, divisions, affiliates, and agencies and prize suppliers, as well as Meta Platforms, Inc.; and (b) the employees, officers, directors, independent contractors, agents, successors and assigns of any of the entities in subsection (a); from any and all liability for injury or damages of any kind arising from or related to participation in the Contest or any Contest-related activity or
the acceptance, receipt, possession, use or misuse of prize(s), as applicable. Except where prohibited by law, winners agree to the use by Sponsor and its agents (including Contest Administrator) of their name, likeness, photograph, voice, social media handles, address (city/state) or other indicia or persona, as well as statements regarding Tom of Finland Vodka and/or this Contest, for trade/advertising/promotional purposes without further compensation or
notice of any kind.
9. Limitations of Liability. Sponsor and Contest Administrator are not responsible for late, lost, delayed, corrupted, jumbled, garbled, inaccessible, blocked, damaged, misdirected, unrecorded or improperly recorded entries or votes, regardless of cause (all of which are void). Sponsor and Contest Administrator further assume no responsibility for any electronic, programming, software, hardware, network or other technological malfunction, failure or error of any kind as well as for entries or votes not properly recorded or received by Sponsor/Contest Administrator due to filtering by or other operation of Instagram (as applicable). The failure to enforce any provision of these Official Rules shall not constitute the waiver of such provision.
10. Force Majeure/Tampering. If the Contest cannot be conducted as originally planned due to any cause beyond Sponsor’s control (e.g., pandemic, natural disaster, civil commotion, governmental action, unauthorized human intervention), Sponsor reserves the right to terminate, modify or suspend the Contest. In such event, Sponsor will make the prizes available pursuant to these Official Rules in a manner which Sponsor determines in its sole discretion is fair, appropriate and consistent with its underlying intent. Notice of such action by Sponsor will be
posted on https://www.instagram.com/tomoffinlandvodka/.
ANY ATTEMPT TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST OR TO DEFRAUD SPONSOR AND/OR CONTEST ADMINISTRATOR IN ANY WAY (INCLUDING CONTEST ENTRY AS WELL AS IN CONJUNCTION WITH VOTING FOR AUDIENCE WINNER) MAY CONSTITUTE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND CONTEST ADMINISTRATOR EACH RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW (AS WELL AS DISQUALIFYING SUCH PERSON FROM THE CONTEST, IF APPLICABLE).
11. Dispute Resolution/Governing Law: To the fullest extent permitted by law, you agree that:
a. any and all disputes regarding the Contest or these Official Rules shall be governed by the internal,
substantive law of the State of California (i.e., without regard to choice of law/conflict of law rules of California or of any other jurisdiction)
b. you are subject to the personal and exclusive jurisdiction of the United States District Court for the Central District of California or California state court situate in Los Angeles County, California
c. you waive any right of change of venue, forum non conveniens or the like
d. any action will be brought by you individually (NOT as part of a class action)
e. your recovery in any such action is limited to actual costs involved in participating in the Contest (if any), with all rights to attorneys’ fees and any and all damages (including special, incidental, compensatory, punitive, consequential damages) or other forms of relief being expressly waived.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE MAY NOT FULLY APPLY TO YOU.
12. Winners’ List: Names of the prize winners can be obtained by sending an email to email@example.com on or before July 1, 2022, at 12:00 p.m. PST with the subject header: “Tom of Finland Vodka 2022 Photo Competition Winners.”