Fairytale Adventures Social Media Giveaway X Pernilla Turner

OFFICIAL RULES

– NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

– ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE PROMOTION, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE RELEASEES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

1. SPONSOR: This Promotion is sponsored by Shutterfly, LLC, 10 Almaden Boulevard, San Jose, CA 95113, U.S.A. (“Shutterfly”), and its brand JCPenney Portraits (individually and collectively, “Sponsors”), subject to the following terms and conditions. This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram.

2. ELIGIBILITY: The Promotion is open only to individuals who are legal residents and physically located in one (1) of the fifty (50) United States (excluding Puerto Rico but including the District of Columbia). Void where prohibited by law. Entrants must be at least 18 years of age at time of entry, and possess a valid form of identification. Invalid or ineligible entries shall be excluded from consideration. Individuals who are officers, directors, employees, agents and/or representatives of Sponsors, Sponsors’ parent company, and/or each of their respective subsidiaries, affiliated companies, and agents, as well as the immediate family members (defined as parents, grandparents, children, siblings and spouses, regardless of where they live) and those with whom such officers, directors, employees, agents and representatives are domiciled (whether or not related), are NOT eligible to enter or win a prize in this Promotion. The Promotion is subject to all applicable federal, state, municipal, territorial, and local laws and regulations and is void where prohibited by law. (NEW JERSEY NOTICE: This Promotion is not void in the State of New Jersey.) Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsors’ decisions and interpretations of these Official Rules, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. In the event of a dispute as to the winner’s identity, entries will be deemed made by the holder of the phone number associated with the entry.

3. TIMING: The Promotion begins at 5:00 p.m. Central Standard Time (“CST”) on May 7, 2024 and ends at 4:59 p.m. CST on May 9, 2024 (the “Promotion Period”).The Sponsors’ designated database clock will be the official timekeeper for this Promotion.

4. HOW TO ENTER: During the Promotion Period, Pernilla Turner (“Publisher”) will publish a post on her Instagram account regarding the Promotion (the “Promotion Post”).

To enter:

1. 1. 1. Follow @turnerpartyoffive and @jcpenneyportraits on Instagram,

      2. Post a comment to the Promotion Post where you tag two friends’ Instagram handles who would love this experience, AND

      3. Include hashtag “#JCPPsweepstakes” in the comment.

• • • No limit on the number of entries per Instagram handle; however, each entry by a single Instagram handle must tag different friends. Sponsors and/or Publisher may not receive entries that fail to strictly follow the posting instructions set forth in these Official Rules and Sponsors and/or Publisher are/is not responsible for failure to see or receive an entry. NOTE: Sponsors and/or Publisher may not receive entries from Instagram users with “private” account settings (i.e., user has set their Instagram account so that only people the user has approved can view their account or content) due to the way Instagram operates its service. Sponsors and/or Publisher, at their discretion, may accept a technically incorrect unique term. Messages not received by Sponsors and/or Publisher will not be entered into the Promotion. By including the hashtag “#JCCPsweepstakes” in the Promotion Post, Entrants are confirming their acceptance and agreement to these Official Rules. Entries must be received during the Promotion Period to be eligible. Any use of automated, robotic, macro, programmed or similar quick-entry programs, or attempts to exceed the maximum number of entries permitted, is prohibited and will result in disqualification.  Winner(s) may be required to show proof of being the registered account holder. In case of dispute, entries will be declared made by the authorized account holder of the Instagram account used to enter to Promotion. “Authorized account holder” is defined as the natural person who is assigned to the Instagram account by Instagram. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsors’ satisfaction, the affected entry will be deemed ineligible. Neither Sponsors nor Publisher will verify receipt of entries. Entries become property of Sponsors and will not be returned. Those who do not follow all of the instructions, or abide by these Official Rules or other instructions of Sponsors may be disqualified. All Entrants submitting materials/content as part of the Promotion will be non-exclusively licensing (with the unlimited right to sublicense) to Sponsors the right to use such materials, and the images related thereto (including Entrant’s name, social media account username and likeness), for any purpose (including any and all commercial purposes) with the right to modify the materials and make derivative works thereof. Entrants represent and warrant that the materials submitted will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations. The Sponsors may run multiple campaigns, contests, sweepstakes or other promotions simultaneously. Entry into one (1) campaign, contest or sweepstakes does not constitute entry into any other. Any Entrant posting or submitting content with obscene or other inappropriate material may be disqualified by Sponsors, in their sole and absolute discretion.  Entries become property of Sponsors and will not be returned.

5. PRIZE AND ODDS: The winner will receive one (1) Fairytale Adventure Package* (“Prize”) consisting of:

• • 1. One (1) free photography session,

    2. One (1) free digital album with enhancements, and

    3. Free Add-on Enhancements* to the Fairytale Adventures experience

*Details and elements fully described on site and in-store at participating JCPenney Portraits locations. 

• • Total approximate retail value (ARV) for Prize: US $214.97. Odds of winning will be determined by the number of eligible entries received. Prize will be awarded if properly claimed.
• • Prize is non-transferable, non-exchangeable and not redeemable for cash. Sponsor reserves the right to substitute Prize for one of equal or greater value if designated Prize should become unavailable for any reason, or for any other reason in Sponsors’ sole discretion. Sponsors makes no representations or warranties with respect to Prize. Any other costs or expenses associated with the Prize will be the responsibility of selected winner(s). Prize winner(s) are responsible for all federal, state, or local taxes associated with Prize acceptance. The ARV of the Prize is based on available information provided to Sponsors and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The winner(s) may be required to provide Sponsor with a valid social security number or tax identification number before the Prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of winner(s) for the actual value of the Prizes received. An unclaimed Prize will be forfeited. Prize, if legitimately claimed, will be awarded. Sponsors are not responsible for and will not replace any lost, mutilated or stolen Prizes or any Prize that is undeliverable or does not reach a winner because of an incorrect or changed address. If a winner does not accept or use the entire Prize, the unaccepted or unused part of the Prize will be forfeited and Sponsors will have no further obligation with respect to that Prize or portion of the Prize. No more than the stated Prize will be awarded. All Prize details not specified in these Official Rules will be determined in Sponsors’ sole and absolute discretion. Prize details and availability are subject to change and Prize provider’s rules and restrictions, and in the event that Sponsors are unable to provide a winner with his or her Prize, the Sponsors may elect to provide winner(s) with the approximate value of such item in cash or award an alternate prize of comparable or greater value in Sponsors’ sole discretion. In the event a Prize winner engages in behavior that (as determined by Sponsors or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsors reserve the right to disqualify the potential winner from receiving or fulfilling their Prize. The Prize is awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Sponsors are not responsible for and winner will not receive the difference, in any, between the actual value of the Prize at the time of award and the stated ARV in these Official Rules or in any Promotion-related correspondence or material.

6. SELECTION OF WINNER; NOTIFICATION AND RESPONSE REQUIREMENTS: On or about May 10, 2024, Publisher will conduct a random drawing to select one (1) potential winner from among all valid eligible entries received during the Promotion Period. The drawing will be conducted by Publisher, whose decisions on all matters related to its participation in this Promotion will be final and binding and within its sole discretion. Winning is contingent upon compliance with all terms and conditions set forth in these official rules; any entry drawn or any potential winner identified thereby found at any time to fail to comply with these Official Rules will be held invalid and ineligible for award.

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  • Publisher will notify potential winner by direct message to the Instagram account associated with the winning entry within 24 hours following the drawing. Within 24 hours of notification, potential winner must respond to Publisher with the requested information and/or answers. Within 24 hours of any subsequent correspondence from Sponsors, potential winner must complete, execute and return to Sponsors any tax form, affidavit, waiver, release, indemnity agreement, and/or any additional documents required by Sponsors in Sponsors’ sole discretion.
• • If a potential winner does not respond to the direct message and submit documentation as instructed within the required periods of time set forth above, cannot be contacted, participates in unfair play, or fails to otherwise comply with these Official Rules, then Publisher and/or Sponsors may, in their discretion, disqualify the potential winner and select an alternate potential winner. Return of Prize or Prize notification as non-deliverable may result in disqualification and in the forfeiture of any right to a Prize, and in selection of an alternate potential winner.
• • Only one (1) total alternate potential winner will be identified and attempted to be awarded, after which the Prize will remain unawarded and Sponsors will have no further obligation with regard to attempting to award the Prize in this Promotion. All notification requirements, as well as other requirements within these Official Rules, will be enforced. Potential winner(s) are subject to verification by Sponsors or Sponsors’ agent, whose decisions are final and binding in all matters related to the Promotion. A potential winner or alternate potential winner is not a winner of the Prize unless and until Entrant’s eligibility has been verified and Entrant has been notified that verification is complete.

7. DISQUALIFICATION: If an Entrant is found to be ineligible, or if he/she does not comply with the Official Rules, then such Entrant will be disqualified. If a Prize, Prize documentation or Prize notification is returned as undeliverable or unclaimed, this will result in disqualification. Sponsors and Publisher reserve the right, in their discretion, to disqualify any individual it suspects or finds: (i) to be tampering with the entry process or the operation of the Promotion; (ii) to be acting in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten or harass any other person or entity, (iii) to be acting in violation of the Official Rules of this or any other sweepstakes or promotion; (iv) to have used a software generated, robotic, programmed, script, macro or other automated entry; (v) to display behavior that will bring such individual or Sponsors in to disgrace; or (vi) to have provided inaccurate information in connection with the Promotion. In the event an Entrant is deemed ineligible or disqualified for any reason under the provisions of the Official Rules, then an alternate potential winner will be selected pursuant to the selection standards noted above from among all eligible entries received during the Promotion Period, if time permits. In the event that Sponsors are unable to award the Prize after vetting two (2) potential winners, Sponsors reserve the right to not award the Prize as stated in Section 5 above, and any unawarded Prize will be forfeited and unawarded, and Sponsors shall have no further liability in connection with this Promotion.

8. PERSONAL INFORMATION AND PRIVACY POLICY: Sponsors and their authorized agents will collect, use, disclose and/or process the personal information you provide when you enter the Promotion for the purposes of administering the Promotion and prize fulfillment. By entering this Promotion, you consent to the collection, use, and disclosure of your personal information for the purposes of administering the Promotion, including, if you win a prize, disclosing your name and location to individuals who request a list of prize winner(s). You may also be offered the opportunity to receive additional communications from Sponsor about its products, and upcoming contests and promotions. Except where prohibited by law, by accepting a prize, each winner agrees to Sponsors’ use of his/her name, entry, city/state of residence, picture, biographical information, statements, voice and likeness in any advertising and publicity Sponsors may so choose, in any media or format, whether now known or hereafter developed, including, but not limited to, the World Wide Web, at any time or times in perpetuity, without further compensation or notice. Submission of entries and information collected from Entrants is subject to the Sponsors’ Privacy Policy.  For further information about Sponsors’ privacy practices, please see Sponsors’ Privacy Policy at: https://lifetouch.com/privacy/.

9. GENERAL CONDITIONS: Winning a Prize is contingent on fulfilling all the requirements set forth herein. All entries and Prize claims are subject to verification. Proof of entry submission does not constitute proof of receipt. Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors. Sponsors reserve the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures, virus, bugs, human error, national emergencies, actual or potential pandemics, or any other factor impairs the integrity, availability, fairness or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Any attempt by any person to undermine the legitimate operation of the Promotion may be a violation of law, and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, then the Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials, privacy policy or terms of use on any website, social media platform or application and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion. Any questions, comments or complaints regarding the Promotion must be directed solely to Sponsor. All trademarks are the property of their respective owners.

10. WAIVERS, DISCLAIMERS AND RELEASES: By participating in the Promotion and/or accepting a Prize, an Entrant agrees to defend, release and hold harmless the Sponsors and Publisher and their respective parents, subsidiaries, affiliates, divisions, advertising and promotion agencies, and the foregoing companies’ officers, directors, shareholders, employees, representatives and agents (collectively the “Released Parties”) from and against any actions, claims and/or liability for injury, death, loss or damage of any kind, (including the violation or infringement of any proprietary or personal right of any individual or entity) resulting in whole or in part, directly or indirectly, from participation in the Promotion, and/or the use, misuse, inability to use, defect, delivery, acceptance, receipt or possession of a Promotion Prize, and/or participation in a Prize-related activity, including any action, claim or liability arising from the unauthorized submission of any information.

• • Entrant agrees that by participating, Entrants releases the Released Parties from any liability in connection with: a) Entries that are ineligible as a result of being lost, late, illegible, damaged, incomplete, stolen, postage due, or misdirected: b) Any typographical or other human or technical errors in the offer or administration of the Promotion, including but not limited to errors in advertising, these Official Rules, the selection and announcement of a winner(s), or the distribution/awarding of a Prize; and c) Any omission, interruption, deletion, defect, delay, misdirection, damage, injury, technical malfunctions or traffic congestion on the Internet/telephone network, or at any website, or any combination thereof.
• • Each Entrant understands and agrees that all rights under section 1542 of the Civil Code of California and any similar law of any state or jurisdiction of the United States are hereby expressly waived by them. Section 1542 reads as follows:
  • “Certain claims not affected by a general release. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
  • In the event that the Promotion is infected by a computer virus/worm, or is not capable of running or being executed as planned (as a result of but not limited to an error, omission, defect, delay, misdirection, tampering, unauthorized intervention, fraud, action of Entrants, or technical failure) or any other cause which in the sole opinion of Sponsors corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Promotion, Sponsors reserve the right in their sole discretion to disqualify any suspect entry or Entrant and to cancel, terminate, modify or suspend the Promotion. In the event of such cancellation, termination, modification or suspension, notice thereof will be posted at the Official Rules website or landing page, if applicable, and, if feasible, winner(s) may be determined solely by Sponsors in a random drawing from among all eligible non-suspect and/or non-disqualified entries received prior to termination or suspension. In such event, Releases shall have no liability to any participant who is disqualified due to such an action. Failure to enforce any term of these official rules shall not constitute a waiver of that provision.

11. GOVERNING LAW/LIMITATION OF LIABILITY: Please read this carefully. It affects your rights. You agree that these Official Rules and your participation in the Sweepstakes are governed by the laws of the state of California. All legal proceedings arising out of or in connection with the offer of these Official Rules shall be brought solely in Santa Clara County, California, United States of America. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.

• • You and Shutterfly agree that any dispute, claim or controversy arising out of or relating in any way to the Sweepstakes or these Official Rules shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Official Rules, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Shutterfly are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of the Sweepstakes.
  • If you elect to seek arbitration or file a small claim court action, you must first send to Shutterfly, by certified mail, a written Notice of your claim (“Notice”). The Notice to Shutterfly must be addressed to: General Counsel, Shutterfly, LLC, 10 Almaden Blvd., Suite 900, San Jose, CA 95113 (“Notice Address”). If Shutterfly initiates arbitration, it will send a written Notice to the email address used for your account. A Notice, whether sent by you or by Shutterfly, must (a) describe the nature and basis of the claim or dispute; (b) set forth the specific relief sought and the basis for the calculations; (c) include your name, the email address or phone number used for entry, your current phone number, mailing address, and email address, and your signature; and (d) if you have retained an attorney, your signed statement authorizing Shutterfly to disclose your confidential account records to your attorney if necessary in resolving your claim. If Shutterfly and you do not reach an agreement to resolve the claim within 60 days after the Notice is received, you or Shutterfly may (i) commence an arbitration proceeding or (ii) file a claim in small claims court for individual disputes or claims within the scope of that court’s jurisdiction. Either party may also invoke any applicable arbitration rules allowing parties to elect a small claims court option for an individual dispute. The parties agree that the notice required by this Section is a material provision of these Terms.
  • You may download or copy a form Notice and a form to initiate arbitration at www.adr.org.
  • With the exception of “Mass Arbitrations,” as defined in the following paragraph, all arbitrations will be governed by the Consumer Arbitration Rules (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address.  Unless Shutterfly and you agree otherwise, any arbitration hearings will take place virtually or in the county of your residence.
  • In the event 25 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and Shutterfly agree that the demands will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and Shutterfly agree that it shall not be governed by the AAA Rules or administered by the AAA. Instead, a Mass Arbitration shall be administered by National Arbitration & Mediation (“NAM”), a nationally recognized arbitration provider, and governed by the NAM rules in effect when the Mass Arbitration is filed as modified by this Agreement, including the NAM Mass Filing Supplemental Dispute Resolution Rules, but excluding any rules that permit arbitration on a class-wide basis (collectively, the “NAM Rules”). The NAM Rules are available at www.namadr.com or by calling 1-800-358-2550. You and Shutterfly agree that if either party fails or refuses to commence the Mass Arbitration before NAM, you or Shutterfly may seek an order from a court of competent jurisdiction compelling compliance with this agreement and compelling administration of the Mass Arbitration before NAM. Pending resolution of any such requests to a court, you and Shutterfly agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. You and Shutterfly acknowledge that either party’s failure to comply with this paragraph would irreparably harm the other, and you and Shutterfly agree that a court may issue an order staying the arbitrations (and any obligation to pay arbitration fees) until any disagreements over the provisions of this paragraph are resolved by the court, including any disagreements about the applicability of the Mass Arbitration process.
  • The arbitrator is bound by the terms of these Official Rules. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
  • Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the rules of the applicable dispute resolution provider (i.e., the AAA Rules or the NAM Rules). Your and Shutterfly’s right to recover attorneys’ fees, costs and arbitration fees, shall be governed the laws that apply to the parties’ dispute, as well as any applicable arbitration rules.
  • You and Shutterfly agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If any provision of this paragraph is determined to be unenforceable with respect to any claim or any particular remedy for a claim (such as a request for public injunctive relief), then the parties agree that the claim or particular remedy (and only that claim or remedy) must be decided by a court after all other claims and requests for relief are arbitrated.
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12. WINNER’S LIST: To receive the winner’s list, send a SASE no later than three (3) months after the end of the Promotion Period, to: JCPenney Portraits + Pernilla Turner Fairytale Adventures Sweepstakes Winner’s List;  ATTN: Marketing Department; 11000 Viking Dr; Eden Prairie, MN, 55344-7242.