TERMS AND CONDITIONS OF ENTRY
WHO YOU ARE BOUDOIR INSTAGRAM COMPETITION
1. Instructions, prizes and information on how to enter form part of these Terms and Conditions. By entering, entrants accept these Terms and Conditions.
2. The Promoter is Who You Are Boudoir of Brooklyn, NY, USA.
3. Duration:
(i.) The promotional period begins at 12:pm EST on Thursday, May 27th, 2021 and concludes at 11:59pm EST on Thursday, June 10th, 2021 (“Promotional Period”).
(ii.) The Promoter reserves the right to change the Promotional Period at any time without prior notice. Any entries outside of the Promotional Period will be disqualified.
4. Entry is open to legal residents of the United States. Persons entering the Competition must be a minimum of eighteen (18) years of age. Employees (and their immediate families) of the Promoter and third parties associated with this promotion are ineligible to enter.
5. To be eligible to enter, individuals must, during the Promotional Period: follow @wyaboudoir and @likenessphotos on Instagram, like the giveaway post and tag a friend who might like a boudoir shoot with Who You Are Boudoir.
6. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
7. Incomplete, indecipherable or illegible entries will be deemed invalid.
8. Multiple entries in the one Promotional Period are permitted.
9. The winners of the Promotion shall be judged by the Promoter and the Promoter alone.
10. The winners will be notified by Instagram Direct Message. The Promoter’s decision is final.
11. The Prizes do NOT include transportation to and/or from the Brooklyn studio. If a winner is unable to commute to the studio their prize is forfeit.
12. The prize winners as judged by the Promoter will win a 1-hour boudoir shoot at the Brooklyn Who You Are Boudoir studio. They will be given two wardrobe changes during the shoot. They will receive their choice of 5 digital images from the finished edited photos presented by the promoter. Any additional digitals or printed services will be offered at standard studio rates.
13. The prize is not transferable or exchangeable and cannot be taken as cash.
14. The winner’s consent to the Promoter using their name in any media for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome).
15. The winner’s consent to one of the five digital images in the prize being shared for promotional materials by Who You Are Boudoir.
16. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
17. Any cost associated with accessing the promotional website(s) is the entrant’s responsibility and is dependent on the Internet service provider used.
18. Without limiting any other paragraph in these terms and conditions, the Promoter and its associated agencies and companies make no warranties or representations about the fitness for purpose or suitability of the prize and will not accept responsibility for the quality or fitness for any purpose of any element of the prize, or the failure of any element of the prize to be of merchantable quality. If liability under terms implied by legislation cannot be excluded, the liability of the Promoter is the minimum allowable by law.
19. The Promoter and its related bodies corporate will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Competition or accepting or using the prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
20. Without limiting the previous paragraph, the Promoter and its related bodies corporate will not be liable for any damage to or delay in transit of the prize.
21. Notwithstanding any other provision in these terms and conditions, the: (a) Promoter, the Promoter's related body corporates and all agencies associated with the Competition; and (b) the employees, agents, directors and contractors, of the Promoter, shall not be liable for any loss or claim, action, demand, liability, damage, cost, expense or personal injury whatsoever (including but not limited to any direct, indirect or consequential loss), incurred, suffered or sustained by any person or entity (without limitation) in connection with, or arising from, the Competition or the acceptance or use of a prize, except that which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law). Nothing in these terms and conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia. Without limitation on the foregoing, the Promoter is not responsible or liable for any costs, loss or damage arising out of any incorrect or inaccurate information, or information provided by the entrant, any variation in prize value to that stated in these terms and conditions, any tax liability incurred by a winner or entrant, any costs whatsoever associated with use of the prize or for any technical error, or any combination thereof that may occur in the course of the administration of the Competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.
22. The Promoter may require a winner to provide identification as requested by the Promoter including (without limitation) proof of identity, proof of age and proof of residency. Identification considered suitable for verification is at the Promoter’s discretion.
23. As a condition of accepting the prize, the winner (and his/her companion) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
24. This giveaway is in no way sponsored, endorsed, administered or associated with Instagram. By entering entrant release, Instagram’s responsibility and agree to Instagram’s terms of use.
25. The laws of New York State apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of New York State.