Official Rules
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility
The Elton John AIDS Foundation’s #SpeakUpSingOutGiveaway (the “Giveaway”) is open only to legal residents of the United States (50 United States and the District of Columbia) and the United Kingdom of Great Britain and Northern Ireland, who are at least eighteen (18) years old at the time of entry. Void where prohibited. Proof of residency and age may be required. Employees and directors of Elton John AIDS Foundation Inc. and its subsidiaries, divisions, affiliates, and advertising or promotional agencies or individuals involved with the design, production, execution or distribution of the Giveaway and the immediate family and household members of such individuals, are not eligible to enter or win. “Immediate family members” shall mean parents, stepparents, legal guardians, children, stepchildren, siblings, stepsiblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three months a year, whether related or not. To enter the Giveaway or receive a prize, you must fully comply with these Official Rules and, by entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of the Sponsor, whose decisions shall be binding and final in all respects relating to this Giveaway. The Giveaway is governed by these Official Rules and is subject to all applicable federal, state, and local laws.
2. Sponsor/Promoter
Elton John AIDS Foundation Inc., 584 Broadway, Suite 1006, New York, NY 10012 (the “Sponsor”).
3. Timing
Giveaway begins May 29, 2024 at 8:00 a.m. Eastern Time (May 29, 2024 at 1:00p.m. BST) and ends June 18, 2024 at 8:00 p.m. Eastern Time (June 19, 2024 at 1:00a.m. BST) (“Giveaway Entry Period”). Sponsor is the official time keeper for this Giveaway. The Giveaway is governed by these Official Rules and is subject to all applicable federal, state and local laws.
4. How to Enter
To enter you must follow these steps:
- Create and post a video on your Instagram grid of you singing these lines from ‘Your Song’ by Elton John, adding in the name of one person who has always supported you to be your most authentic self: I hope you don’t mind, I hope you don’t mind, that I put down in words, how wonderful life is while you’re in the world [name];
- Tag one person in your caption who has always supported you to be your authentic self;
- Follow the Elton John AIDS Foundation’s official Instagram account (@ejaf); and
- Post the video to your Instagram grid with the hashtag #SpeakUpSingOutGiveaway.
(the “Submission”)
To enter you must have your Instagram profile settings as PUBLIC (not protected) to enter your Submission. If you do not already have an Instagram account, download the free Instagram application and create an account as instructed. Getting an Instagram account is free. Submission must comply with Instagram’s Terms of Use, which can be found at https://help.instagram.com/581066165581870. Use of multiple Instagram accounts to enter by the same individual is prohibited and may result in disqualification. Submissions will be deemed to have been submitted by the authorized account holder of the Instagram account from which the Submission is uploaded at the time of the entry, as identified by the primary email address associated with that account. Submissions will not be acknowledged or returned. You are not permitted to share the same Instagram account with another entrant.
Limit of one (1) entry per person for the Giveaway. Use of any automated system to enter is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries all of which will be ineligible to win a prize.
5. Submission Requirements
The Submission must comply with the following requirements: (i) the Submission may not feature any person other than entrant unless they have consent of the other person / people that are included – so whoever the entrant tags or references in their post, must have given their consent to be featured; (ii) other than the Sponsor, its products, brands and/or logos, the Submission may not show, contain, mention, depict, refer or otherwise allude to the name, logo or product of any other retailer, manufacturer, brand, product, store, place of business, person, company or character in such a way or manner as to imply an affiliation with, or endorsement of, the Sponsor, its products, brands and/or this Giveaway; (iii) the Submission must be entrant’s own original work (or the entrant must have the rights from the photographer or videographer to make the submission), created solely by entrant and not created professionally; must not have won any award; (iv) the Submission may not contain, mention, refer or otherwise allude to any material that is violent, lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, racially or morally offensive or otherwise contain inappropriate content or objectionable material; (v) the Submission cannot promote alcohol, illegal drugs or tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any political agenda or message; (vi) the Submission cannot in any manner defame, misrepresent, contain disparaging remarks or reflect negatively about Sponsor, its products, or other people, products or companies or their products, or in any way reflect negatively upon such parties or explicitly or implicitly communicate messages or images inconsistent with the positive images and/or goodwill with which Sponsor wishes to be associated, as determined by Sponsor in its sole discretion; (vii) the Submission cannot contain any personal identification, such as personal names, email addresses or street addresses, without express permission of Sponsor, except for the handle and name of the entrant and any person tagged in the entry (who has given their permission to be featured); (viii) the Submission cannot itself be in violation of any law; and (ix) the Submission must otherwise be in compliance with these Official Rules. Sponsor reserves the right, in its sole discretion, to disqualify any Submission that Sponsor believes, in its sole discretion, does not comply with or is in violation of these Official Rules or that otherwise contains prohibited or inappropriate content.
6. Grant of Rights
By submitting the Submission, the entrant represents and warrants that he/she has all right, title and interest necessary to grant the Sponsor the worldwide, irrevocable and unrestricted right and license to adapt, publish, use, edit, create derivative works and/or modify such Submission in any way and post the Submission on the internet or use the Submission in any other way and agrees to indemnify and hold Sponsor harmless from any claims to the contrary.
7. Representations and Warranties/Indemnification
Each person who enters this Giveaway represents and warrants as follows: (i) entrant has obtained any and all necessary permissions required to submit the Submission and for Sponsor’s right to use the Submission for any purpose, including the consent of any identifiable third person(s) appearing in the Submission, and entrant can and will make written copies of such permissions available to Sponsor upon request; (ii) the Submission and the copyright therein is owned by entrant; (iii) the Submission is wholly original with entrant and, as of the date of submission, the Submission is not the subject of any actual or threatened litigation or claim; (iv) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity, including, but not limited to, rights of privacy and publicity; and (v) the Submission does not and will not violate any applicable laws, and is not and will not be considered defamatory or libelous. Each entrant hereby agrees to indemnify and hold the Sponsor and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
8. Winner Determination
On or about June 19, 2024, Sponsor (under independent supervision) will select one (1) entry in a random drawing of all valid entries received prize. Odds of winning the grand prize depends on the number of eligible entries received during the Giveaway Entry Period. SPONSOR WILL SEND A DIRECT MESSAGE FROM @EJAF TO THE POTENTIAL WINNER VIA INSTAGRAM AND POTENTIAL WINNER WILL BE REQUIRED TO RESPOND WITHIN 10 HOURS OF THE TIME NOTIFICATION WAS SENT. It is recommended that you confirm your Instagram notification settings are turned on. Failure by potential Giveaway winner to respond to the initial verification within 6 hours of notification will result in disqualification and Sponsor will select an alternate potential Giveaway winner in the same manner.
9. Odds of Winning
Odds of winning the grand prize depend on the number of eligible entries received during the Giveaway Entry Period. Winners are selected by random means, there is no judging element to this Giveaway.
10. POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR. SPONSOR’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE ADMINISTRATION, OPERATION, SELECTION OF THE WINNER AND OTHER MATTERS RELATED TO THE GIVEAWAY.
SPONSOR RESERVES THE RIGHT TO CONDUCT A BACKGROUND CHECK ON POTENTIAL WINNER (AND TRAVEL COMPANION), AND SPONSOR RESERVES THE RIGHT TO DISQUALIFY ANY POTENTIAL WINNER BASED ON SUCH BACKGROUND CHECK IF SPONSOR DETERMINES IN ITS SOLE DISCRETION THAT AWARDING A PRIZE TO ANY SUCH INDIVIDUAL MIGHT REFLECT NEGATIVELY ON SPONSOR OR ANY OF ITS PARTNERS. POTENTIAL WINNER WILL COOPERATE WITH SPONSOR AND ITS REPRESENTATIVES IN CONNECTION WITH ANY AND ALL VERIFICATION AND BACKGROUND CHECK ACTIVITIES, INCLUDING, WITHOUT LIMITATION, BY EXECUTING AND DELIVERING TO SPONSOR OR ITS DESIGNEE BY THE TIME INDICATED BY SPONSOR OR ITS DESIGNEE ANY VERIFICATION AND BACKGROUND CHECK AUTHORIZATION FORMS REQUIRED BY SPONSOR OR ITS DESIGNEE. FAILURE TO COOPERATE OR TIMELY SUBMIT ANY VERIFICATION OR BACKGROUND CHECK AUTHORIZATION MAY RESULT IN FORFEITURE OF THE PRIZE.
11. Verification of Potential Winner
Potential winner may be required to complete and return an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the “Affidavit”) by the date specified by Sponsor, or an alternate potential winner may be selected. In the event: (a) potential winner cannot be reached for whatever reason after a reasonable effort has been exerted or the potential winner notification or Affidavit is returned as undeliverable; (b) potential winner declines or cannot accept, receive or use the prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods, (d) potential winner is found to be ineligible to enter the Giveaway or receive the prize, (e) potential winner cannot or does not comply with the Official Rules, or (f) potential winner fails to fulfill the Affidavit-related obligations, the potential winner shall be disqualified from the Giveaway and an alternate potential winner may be selected, at Sponsor’s sole discretion, from among the other eligible entries received. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate potential winner, if any.
12. Grand Prize
One (1) grand prize will be awarded. Grand prize winner will receive a meet and greet with Elton John and David Furnish in New York City on June 27, 2024 for winner and one (1) guest. Prize includes: i) round trip coach/economy class air transportation to New York City; ii) two nights at the Smyth Tribeca (single room / double occupancy), check in on June 26, 2024 Eastern Time and check out on June 28, 2024 Eastern Time (both in accordance with hotel policy) and iii) US$500 to cover incidental expenses and ground transportation. No additional costs or expenses, including additional meals or beverages, tips or sundries will be covered by Sponsor.
Must fly into New York City on June 26, 2024 and depart New York City on June 28, 2024. Air transportation will be on American Airlines and subject to the terms and conditions of the American Airlines AAdvantage® Program. It will be the winner’s sole responsibility to get to a major airport which is serviced by American Airlines. If winner is a resident of the United Kingdom, it will be winner’s sole responsibility to get to Heathrow Airport for flight to New York. If winner is not able to travel on stated dates the prize will be forfeited and an alternative winner will be selected. If in the judgment of Sponsor air travel is not required due to Grand Prize Winner’s proximity to New York, ground transportation will be substituted for roundtrip air travel at Sponsor’s sole and absolute discretion. The difference in value will not be awarded to the Grand Prize Winner. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in this Giveaway, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. Grand Prize Winner will not receive difference between actual and ARV. Time and location for meet and greet will be provided to winner. If Elton John and / or David Furnish are not able to attend the meet and greet the grand prize trip to New York City will be the winner’s sole prize and no other prize will be provided. Date and location for meet and greet is subject to change at Sponsor’s sole discretion. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the Grand Prize (or a component thereof) for one of equal or greater value if the designated prize should become unavailable for any reason. All other expenses not specifically identified as included in the Grand Prize are the sole responsibility of the Grand Prize Winner. Grand Prize Winner and travel companion are responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Grand Prize Winner and travel companion must travel the same itinerary and on the dates and/or times specified by Sponsor or prize will be forfeited in its entirety. Once the travel companion is selected, he/she may not be substituted, except at the Sponsor’s sole discretion. Grand Prize Winner and travel companion are solely responsible for obtaining any identification documents necessary for travel. Winner and travel companion must have valid passport and Visa if needed. Travel companion of winner must be at least eighteen (18) years of age or older or the child traveling with their parent or legal guardian as a prize winner and must sign a Liability and Publicity Release. If potential winner’s travel companion fails to return such documents within date and/or time indicated within such documents, then the potential winner may forfeit the right to the travel companion.
No cash equivalent for the prize, prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the listed prize for one of equal or greater value for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. All federal, state, and local tax liabilities, as well as any other costs and expenses not specified herein as being awarded are the sole responsibility of the Winner. Winner may be required to complete and return an IRS W-9 form (i.e. Request for Taxpayer Identification Number and Certification). Prize will be awarded only if the potential prize winner fully complies with these Official Rules. Approximate retail value of grand prize is US$4,500.00.
13. Entry Conditions and Release
Each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of Sponsor which are binding and final in all matters relating to this Giveaway; (b) defend, indemnify, release and hold harmless the Sponsor and its respective parent, subsidiary, and affiliated companies, celebrities, and any other person and organization responsible for sponsoring, fulfilling, administering, advertising or promoting the Giveaway, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Giveaway, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry. Winner acknowledges that the grand prize is awarded as-is without warranty of any kind.
14. Publicity
Except where prohibited or restricted by law, winner’s acceptance of prize constitutes the winner’s agreement and consent for Sponsor and any of its designees to use and/or publish winner’s full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Giveaway or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.
15. General Conditions
Sponsor and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Giveaway or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor’s reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Giveaway or any promotion or prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Giveaway, or with any Website promoting the Giveaway; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Giveaway multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Giveaway, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Giveaway, including the entire Giveaway, and/or modify the Giveaway and/or award the prize from all eligible entries received as of the termination date. Sponsor’s decision in all matters is final and no correspondence will be entered into.
16. Limitations of Liability
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Giveaway; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Giveaway; (d) technical or human error in the administration of the Giveaway or the processing of registrations; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Giveaway or receipt or use or misuse of any prize. If for any reason an entrant’s registration is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Giveaway. No more than the stated number of each prize will be awarded.
17. Disputes
Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Giveaway, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Giveaway, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate New York State Court located in New York County, New York; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys’ fees; and (d) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Giveaway, 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.
18. Giveaway Results
For Giveaway results, email admin@eltonjohnaidsfoundation.org with the subject line, “Winners List – Elton John AIDS Foundation’s #SpeakUpSingOutGiveaway”. Winner list request available until September 1, 2024.
This Giveaway is in no way sponsored, endorsed or administered by, or associated with Instagram. Any and all questions, comments or complaints regarding the Giveaway must be directed only to Sponsor and not Instagram.