Private Commission Competition

Contest Rules

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.

1. Eligibility: This Campaign is open only to those who are 18 years of age as of the date of entry. The Campaign is only open to legal residents of the United States, and is void where prohibited by law. Employees of Montague Art (“Montague Art”), its affiliates, subsidiaries, advertising and promotion agencies, and suppliers (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
2. Agreement to Rules: By participating as a contestant (“You” or “Contestant”), you agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of MONTAGUE ART as final and binding as it relates to the content of this Campaign.
3. How to Enter: The Campaign must be entered in one way:

• Instagram: To enter by Instagram, Contestant must follow @kelseymontagueart and submit a photo of their S’well bottle in a creative way or submit a creative photo of what lifts them and then apply the What Lifts You hashtag. Your entry must comply with Instagram’s Terms of Use and may not contain any offensive, defamatory, sexist, discriminatory, profanity, abusive language or obscenity, or that is maliciously false. Your entry is received at the time MONTAGUE ART receives it in full. Incomplete entries will not be accepted.
• The Campaign will run from 8:00 a.m. Eastern time on June 1, 2018 until 10:00 a.m. Eastern time on June 4, 2018 (the “Promotion Period”). Entries that are not received during the Promotion Period, are incomplete, or do not adhere to the rules or specifications may be disqualified at the sole discretion of MONTAGUE ART. Each participant may enter each Campaign up to one (1) time during the Promotion Period, regardless of the method or combination of methods of entry.

4. Prizes: One (1) winner (“Winner”) will be chosen in the What Lifts You, hashtag from among all eligible entries received. The Winner will receive a private commission piece (8.5 in x 12 in) a value of approximately one thousand U.S. Dollars ($1,000). The Prize will be delivered to the Winner no later than October 1 2018 to the physical address provided by the Winner (if the winner provides information they would like included in their commission in a timely fashion). Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by MONTAGUE ART. No cash or other prize substitution shall be permitted. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for MONTAGUE ART to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
5. Odds: The odds of winning depend on the number of eligible entries received.
6. Winner Selection and Notification: Winner will be selected by MONTAGUE ART. Winner will be notified by direct message on Instagram followed by an additional communication via email, once an email address is provided by the Winner, or by email. MONTAGUE ART shall have no liability for Winner’s failure to receive notices due to inactivity or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within seven (7) days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT MONTAGUE ART’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
7. Rights Granted by You: By entering the Campaign, You understand and agree that MONTAGUE ART may contact you regarding the Campaign.
8. Terms & Conditions: MONTAGUE ART reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond MONTAGUE ART’s control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, MONTAGUE ART may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by MONTAGUE ART. MONTAGUE ART reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. MONTAGUE ART has the right, in its sole discretion, to maintain the integrity of the Campaign, to void entries for any reason, including, but not limited to: multiple entries from the same person from different Instagram handles. Any attempt by an entrant to deliberately damage any website, entry collection method, or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such attempt be made, MONTAGUE ART reserves the right to seek damages to the fullest extent permitted by law.
9. Limitation of Liability: By entering, You agree to release and hold harmless MONTAGUE ART and Instagram and each of their subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, relating in any way to the Campaign and/or Contestant’s participation in the Campaign, including but not limited to: (i) Contestant’s acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
10. Disputes: THIS CAMPAIGN IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND NEW YORK, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, Contestant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in New York County having jurisdiction. Further, in any such dispute, under no circumstances shall Contestant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than Contestant’s actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Contestant further waives all rights to have damages multiplied or increased.
11. Winners List: To obtain a copy of the Winner’s name or a copy of these Official Rules, email you request to Courtney@kelseymontagueart.com. Requests must be received no later than June 5, 2018.
12. Sponsor: The sponsor of the Campaign is Montague Art. This Campaign is in no way sponsored, endorsed or administered by, or associated with, Instagram.