The Schedule to Terms and Conditions of Entry (the “Schedule”) sets out the defined terms within
these T&Cs and forms part of these T&Cs. If there is any inconsistency or discrepancy between the
Schedule and these T&Cs the Schedule prevails. To the extent there is a conflict between T&Cs
on the Promoter’s website, the terms found on the Promoter’s website are the T&Cs to be abided
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. The Amanda Cerny Sweepstakes
Giveaway May 2020 (the "Promotion") is sponsored and promoted by https://amandacerny.com/ (the “Promoter” or "Sponsor"). The Promotion is not sponsored, endorsed, administered by, or associated with Instagram, Inc. or its subsidiaries or affiliates.
Subject to these T&Cs, the Promotion is open to anyone in the world who is at least 13 years old
as of the date of entry and abides by the method of entry noted herein. Employees of Sponsor and
its respective parents, affiliates, subsidiaries, and advertising and promotion agencies and any
other entity involved in the development or administration of this Promotion, and its immediate
family members or household members are not eligible to participate in or win a prize in this
Promotion (collectively, the “Promotion Entities”) and the immediate family members (parent,
child, sibling, and spouse of each) of and/or persons living in the same household as such
individuals (whether related or not) are not eligible to participate.
THE PROMOTION IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING,
REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR
WHERE THE METHODS OF ENTRY SET FORTH BELOW WOULD BE DEEMED CONSIDERATION. ALL
APPLICABLE U.S. FEDERAL, STATE AND LOCAL LAWS APPLY. Notice to all international entrants: As
stated above, it is your responsibility to comply with the promotion laws of your
country/jurisdiction. You acknowledge that certain countries/jurisdictions have laws regarding
promotions that may prevent Sponsor from awarding you your Prize (as defined below). If you are
a winner and this happens to be the case with your country/jurisdiction, you acknowledge that
you may not be able to receive any Prize at all from Sponsor. By entering this Promotion, you
acknowledge the risks, and understand that you may win but not be able to receive a Prize. Any
person that enters into this Promotion wherein he/she is not eligible to enter may not win a Prize.
The Promotion will take place during the Promotion period set out in the Schedule. The Promotion
period starts on May 26th
, 2020 at 12:00PM (Noon) Eastern Daylight Time (“EDT”)/4:00 PM,
Greenwich Mean Time (GMT) and ends on May 29
, 2020 at 9:00 PM EDT/1:00 AM GMT.
To enter you must be a registered user of www.Instagram.com (“Instagram”) and your account
must be set to “public”. If you do not have an account, visit Instagram to create one. There is no
fee or charge to become a Registered User. By submitting your information and creating an
Promotion. You can return your account and entry to “private” anytime after the winner
How to enter via Instagram are set out in the Schedule at Method of Entry. The entrants must
follow the Method of entry during the Promotion period to enter the Promotion. Failure to do so
will result in an invalid entry and the Promoter has no obligation to inform the entrant if their
entry is invalid.
Follow the Host Instagram account(s) @cernycares and all accounts listed in the host Instagram(s)
accounts “Following” list during the Promotion Period. Only publicly viewable Instagram accounts
that have followed the Host Instagram account and all accounts listed in the Host Instagram
Account following list will be considered valid entries. Note there may be an hourly and/or daily
limit set by Instagram on the number of accounts that can be followed at one time. For more
information regarding these limitations, go to Instagram.
9. Like and comment on the campaign image on either of the host’s Instagram accounts. The post
MUST include the “#TeamCernyGiveaway” hashtag.
All entry information shall be collectively referred to herein as the Entry (the “Entry”). Limit of two
(2) entries per person/Instagram account during the Promotion Period. By submitting an entry,
Entrant agrees to comply with these T&Cs. Entries that do not comply with these T&Cs, as
determined in Sponsor’s sole discretion, will be disqualified from the Promotion. Decisions of the
Sponsor are final and binding. Winning a prize is contingent upon fulfilling all requirements set
Usage of Instagram will require a mobile device and therefore you may be charged for standard
data rates according to the terms and conditions in your agreement with your wireless carrier. You
agree to incur any and all charges demanded by your wireless carrier. You should also check your
device's features for capabilities and check the device manual for specific use instructions.
The person submitting the Entry must be the authorized account holder of the Instagram account,
otherwise the Entry may be deemed void. In the event of a dispute over the identity of a potential
winner, the Entry will be declared made by the authorized holder of the Instagram account used
for entry, and potential winner may be required to provide identification sufficient to show that
he/she is the authorized account holder of such Instagram account. The “authorized account
holder” is the natural person assigned to the applicable Instagram account by Instagram. Proof of
submission of an Entry does not constitute proof of delivery of Entry. Multiple accounts may not
be used and anyone found to use multiple accounts to enter will be deemed ineligible.
All entries become the sole property of the Promoter and receipt of entries will not be
acknowledged. The Promoter is not responsible for telecommunications, network, electronic,
technical or computer failure or any kind of lost, late, incomplete, mutilated, invalid, unintelligible,
misdirected entries, all of which will be disqualified. Only completed entries with valid email
addresses or social media accounts, as applicable, are eligible. All ineligible entries will be
disqualified. Subject to any requirement by a regulatory authority, the Promoter may, in it’s
absolute discretion, not accept or disqualify a particular entry, or cancel the entire Promotion at
any time without giving reasons and without liability to any entrants, at which time a winner will
be selected from valid entries received prior to such cancellation.
The random drawing (prize draw) will take place as set out in the Schedule at Prize Draw. The
random drawing will be conducted on or about May 30th
, 2020 from all eligible entries submitted
during the Promotion Period. The Promoter may draw additional reserve entries (and record
them in order). In the event of an invalid entry or an ineligible entrant, or if the entrant is ineligible
to accept the prize, the prize will be awarded to the first reserve entry drawn. If the prize can’t be
awarded to the entrant drawn, the promoter will then continue this process until the prize is
awarded. The Sponsor’s decisions on all matters pertaining to the Promotion are final. Odds of
winning a prize depend on the total number of eligible entries received during the Promotion
Period. Potential winners are subject to eligibility verification and compliance with the T&Cs. Limit
one (1) prize per person/household.
The Prizes are set out in the Schedule at Prize Details. There are a total of three (3) Prizes of
$10,000 available to be won in this Promotion. The total value of all prizes to be awarded is
16. In no event shall the Sponsor be obligated to award any prizes other than the Prizes specified in
these T&Cs. The Sponsor does not guarantee that the Prize can be made available to the
winner. The Prize is not assignable and not transferable and no substitutions are permitted. In
addition, if the Prize is unable to be fulfilled to the winner due to any applicable law, rule or
regulation, or if the winner cannot claim the Prize for any reason, then Sponsor reserves the right
to not award the Prize at all.
17. If a prize if won by a minor it will be awarded in the name of their parent or legal guardian. All
taxes on a prize won, and other expenses related to accepting the prize are the sole responsibility
of the winner or parent/legal guardian if winner is a minor in their jurisdiction of residence.
The cash Prizes will be awarded via a PayPal transfer to the winner’s (or parent/legal guardian’s)
PayPal account in the winner’s national currency corresponding to their appropriate country,
province or state of residence. The Promoter is not responsible for any lost or stolen cash
transferred to the Prize winner, nor is the Promoter responsible for any error in banking or PayPal
details provided by the Prize Winner. If for any reason PayPal is unavailable as a method of
transferring any cash component an alternate transfer method may be selected at the Promoters
absolute discretion. Winners must have a valid PayPal account. If a winner does not have a valid
PayPal account, the winner must sign up for an account in order to receive the prize. To learn
more about PayPal, please visit: www.paypal.com . The Sponsor is not responsible to provide an
alternative prize to any winner that is unable to accept the prize via PayPal or alternate transfer
method; and/or, if there is any restriction to receiving a prize in the country of a Winner.
19. All federal, state, and other tax liabilities, VAT related to accepting the prize and surcharges
imposed by any authority with jurisdiction in compliance with applicable law and regulations are
the sole responsibility of each respective prize winner. The Prize winner should seek independent
financial advice prior to acceptance of their prize to determine if any tax implications may arise
from their prize winning. The Promoter accepts no responsibility for any liability or tax
implications that may arise in connection with the winner accepting this Prize.
The winner(s) will be notified as noted in the Schedule at Notification of Winners. Each potential
Winner will be notified by the Sponsor via direct message to the potential Winner’s Instagram
account to request contact information. The required response to such direct message (e.g., full
name, mailing address, email address, etc.) must be received within three (3) calendar days
(including weekends and holidays) from the time initial direct message was sent or potential
Winner will be disqualified, and an alternate potential Winner will be selected. Sponsor assumes
no responsibility for undeliverable direct message resulting from any form of active or passive
filtering by Instagram or for insufficient space in user’s account to receive direct messages. Return
of any direct message as undeliverable will result in disqualification of potential Winner and an
alternate potential Winner will be selected.
Each entrant is responsible for monitoring Instagram for the notification and communications
regarding this draw. The Promoter has no liability for potential winner’s failure to receive notices
due to filters, security settings or provision of incorrect or non-functioning contact details. If the
drawn winner is unable to be contacted or if the prize is undeliverable using the contact details
provided, the Prize winner shall forfeit the prize.
The potential Winners (or parent/legal guardian of minor winner) may be required to confirm
their mailing address and may be required to sign and return to Administrator an Affidavit of
Eligibility/Liability Release including (where lawful) a publicity release. If the winner is from the
U.S. an IRS form W-9 will also be required (that will be used only for the purpose of reporting the
respective winner’s prize earnings to the Internal Revenue Service, as required by law) for receipt
by Sponsor by the due date indicated in the notification correspondence. If any required
documents are not returned within the number of days specified in the notification
correspondence, or if any notification is returned as undeliverable, then the prize may be forfeited
and an alternate potential Winner may be selected at the Sponsor’s sole discretion, time
permitting. Only three (3) random drawings to select alternate winners (if necessary) will be
conducted, after which, the applicable prize will remain un-awarded. Prize will be fulfilled as
noted above within 6 to 8 weeks after notification, verification, and confirmation.
As a condition of accepting a Prize, each winner may be required to:
provide a valid photographic ID together with proof of address.
post an “I won” image on their public Instagram account for a period of up to seven (7) days
after the announcement of the Prize winner.
post a video or picture on their public Instagram story, tagging @cernycares within seven
(7) days of receiving the prize.
must keep their Instagram account public for at least seven (7) days after posting the
photograph of themselves with their prize.
By entering, entrants and if a minor in his/her jurisdiction (their parent/legal guardian for
himself/herself and on behalf of the minor) agree to release and hold harmless Sponsor and their
affiliates, licensees, parents, subsidiaries, prize suppliers, advertising and promotion agencies, and
each of their respective employees, officers, directors, shareholders, agents, successors and
assigns (collectively, the "Releasees") from any and all liability or any injuries, losses or damage of
any kind which may arise from or in connection with this Promotion or the acceptance and/or use
of any prize.
If for any reason this Promotion is not capable of running as planned due (but not limited) early
deletion of the campaign post due to any third party Artificial Intelligence software, early or
accidental deletion of any campaign posts by any other person, any outage of any social media
accounts, war, terrorism, state of emergency or disaster (including natural disaster), infection by
computer virus, bugs, tampering, unauthorized intervention, technical failures or any other
causes beyond the control of the Sponsor which corrupt or affect the administration, security,
fairness, integrity or proper conduct of this Promotion, any alteration to any social media terms of
service, access or permission in such a way that adversely affects the Promotion, the Sponsor
reserves the right at its sole discretion, to disqualify any individual who tampers with the entry
process, and to cancel, terminate, modify or suspend the Promotion or any element thereof
including the right to modify these T&Cs. In the event of cancellation or suspension, the Sponsor
shall promptly post a notice on the Promotion website to such effect and the winner shall be
selected from the valid entries received prior to such cancellation.
The use of any automated launching or entry software or any other mechanical or electronic
means that permits the participant to automatically enter repeatedly is prohibited. Any entries
found or suspected to be submitted in this manner will be deemed 'void' by the Sponsor.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE
LEGITIMATE OPERATION OF THE SPROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS
AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK
DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO
THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor and its parent, affiliated and subsidiary companies and advertising and promotion
agencies, assume no liability and are not responsible for, and you hereby forever waive any rights
to any claim in connection with, errors and/or ambiguity: (a) in the Promotion; (b) in any related
advertising or promotion of this Promotion; and/or (c) in these T&Cs. In the event of any
ambiguity(s) or error(s) in these T&Cs, Sponsor reserves the right to modify these T&Cs for
clarification purposes or to correct any such ambiguity or error(s) without materially affecting the
terms and conditions of the Promotion.
Promotion entrants and Promotion Entities waive all rights to trial in any action or proceeding
instituted in connection with these T&Cs and/or this Promotion. Any controversy or claim arising
out of or relating to these T&Cs and/or this Promotion shall be settled by binding arbitration in
accordance with the commercial arbitration rules of the American Arbitration Association. Any
such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated
in any arbitration with any claim or controversy of any other party. The arbitration shall be
conducted in the State of Florida, and judgment on the arbitration award may be entered into any
court having jurisdiction thereof.
This Promotion is governed by United States law and is subject to all applicable federal, state and
local laws and regulations. Void where prohibited. Unless the laws relevant for the domicile of the
Entrant provide otherwise, all issues and questions concerning the construction, validity,
interpretation and enforceability of these T&Cs, or the rights and obligations of entrants and
Sponsor in connection with this Promotion, shall be governed by, and construed in accordance
with, the laws of the State or Territory in which the Promoter ordinarily resides, U.S.A., without
giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not
subject to arbitration as set forth in Section 25 above of these T&Cs and/or for entering any
judgment on an arbitration award, shall take place in the State or Territory in which the Promoter
ordinarily resides. Entrants accept the non-exclusive jurisdiction of courts and tribunals of that
State or Territory in connection with disputes concerning the Promotion.
If any provision of these rules is invalid under the law, rules or regulations of a particular country,
it will only apply to the extent permitted. In addition to the tax liability disclosures in these T&Cs,
Winners are subject to abide by the income reporting and, if applicable, the payment of any taxes
due per the laws, rules and regulations of the Winner’s country of residence. By entering the
Promotion, Entrants hereby expressly agree and accept that for all that is related to the
interpretation, performance and enforcement of these T&Cs, each of them expressly submit
themselves to the laws of the United States of America and to the jurisdiction of the State of
Florida, expressly waiving to any other jurisdiction that could correspond to them by virtue of their
present or future domicile or by virtue of any other cause.
Personal information collected from entrants shall be stored in the US and will be used by Sponsor
for the purpose of administering the Promotion and if entrant authorizes by opting in, to provide
entrants with information relating to products, services and promotions of Sponsor and affiliates
of Sponsor. Sponsor shall not sell, share or otherwise disclose personal information of entrants
with third parties, other than to third parties engaged by Sponsor to fulfill the above purposes or
as otherwise consented to by the entrant or parent or legal guardian of any entrant who is a minor
Unless prohibited by applicable law, acceptance of a Prize constitutes permission to use winner’s
name, Instagram handle, photograph, likeness, voice, address and testimonials in all media, in
perpetuity, in any manner Sponsor deems appropriate for publicity purposes without any
compensation to such entrant or any review or approval rights, notifications, or permissions; and
constitutes your consent to disclose your personally identifiable information to third parties
(including, without limitation, placing the winner’s name on a winner’s list). photograph, likeness,
statements, biographical information, voice and address (city and state) for any and all public
relations, advertising and/or promotional purposes as determined by Promoter, in all forms of
media and by all manners (now and hereafter known), in perpetuity, without notice, consent,
review or approval or further compensation, as determined in the sole discretion of the Sponsor.
The names of individuals, INCLUDING the Talent sponsoring this Promotion, the campaign host,
groups, companies, products and services mentioned herein, and any corresponding likenesses,
logos and images thereof reproduced herein, have been used for identification purposes only and
may be the copyrighted properties and trademarks of their respective owners. The mention of any
individual, INCLUDING the Talent sponsoring this Promotion, group or company, including
INSTAGRAM or FACEBOOK, or the inclusion of a product or service as a prize, does not imply any
association with or endorsement by such individual, group or company or the manufacturer or
distributor of such product or service and, except as otherwise indicated, NO ASSOCIATION OR
ENDORSEMENT IS INTENDED OR SHOULD BE INFERRED. The invalidity or unenforceability of any
provision of these T&Cs or the Prize Acceptance Release will not affect the validity or
enforceability of any other provision. In the event that any provision of the T&Cs or the Prize
Acceptance Release is determined to be invalid or otherwise unenforceable or illegal, the other
provisions will remain in effect and will be construed in accordance with their terms as if the
invalid or illegal provision were not contained herein. The Promotor’s failure to enforce any term
of these T&Cs will not constitute a waiver of that provision.
The winner(s) name, state/territory of residence, Instagram handle and photograph, will be published online in accordance with the Public announcement of winners section of the Schedule. The official winner’s list will be posted on/about May 30th to 31st, 2020 at https://amandacerny.com/ac-giveaway/.
Instagram, Facebook, TikTok, Twitter, Community, Instagram, Snapchat, or Community may be
used to advertise or promote the Promotion; and PayPal may be used to transfer the prize funds.
By entering the Promotion, entrants agree that the Promotion is in no way sponsored, endorsed
or administered by, or associated with Instagram, Facebook, TikTok, Twitter, Snapchat or PayPal;
and to release Instagram, Facebook, TikTok, Community, Twitter, YouTube, Snapchat and PayPal
from all liability in relation to this Promotion. Any questions, comments or complaints regarding
the Promotion should be directed to the Promoter and not to Instagram, Facebook, Twitter,
TikTok, Community, Snapchat or PayPal.