May 28-May 30, 2020
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NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. Entrants are providing information to “Sponsor” (as defined below) and not to Instagram.
The following promotion is intended for participants in the United Arab Emirates (UAE) only and shall be construed and evaluated according to the laws of the UAE. Do not proceed in this promotion if you are not a legal UAE resident residing in the UAE. Further eligibility restrictions are contained in the official rules below.
Submissions may be posted on Nakheel’s website and digital systems. If you do not want your Submission made public, DO NOT ENTER THIS COMPETITION.
1. DESCRIPTION: The Ibn Battuta Mall Instagram Competition ("Competition") begins on 30/05/2020 at 10:00AM and ends on 30/05/2020 at 11:59 PM ("Competition Period"). The Sponsor of this Competition is Nakheel Malls ("Sponsor"). The administrator of this Competition is Ibn Battuta Mall.
Nakheel Management Office at PO Box 261177, Dubai UAE ("Administrator"). Void where restricted or prohibited by law.
2. ENTRANT ELIGIBILITY: In order for an Entrant (“Entrant”) to be eligible to participate in the Competition and to be considered as a potential winner, the Entrant must meet the following eligibility criteria:
· Entrant must be UAE-based residents;
· Entrant must be at least eighteen (18) years of age at the time of entry;
· Entrant must NOT be an employee of Sponsor, Administrator or their marketing or promotion agencies, those involved in the production, development, implementation or handling of this Competition, any agents acting for, or on behalf of the above entities, their respective parent companies, officers, directors, subsidiaries, affiliates, licensees, service providers, prize suppliers and fulfilment companies, any other person or entity associated with this Competition (collectively, the "Competition Entities") nor can Entrant be an Immediate Family Member and/or Household Member of such persons. For purposes of the Competition "Household Members" shall mean those people who share the same residence at least three months a year; "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, stepchildren, siblings, stepsiblings or spouses regardless of where they live.
3. HOW TO ENTER & SUBMISSON REQUIREMENTS: To enter the Competition, Entrant must be a registered user of Instagram, be a follower of the @ibnbattutamall Instagram account, and have the ability to accept direct messages from the Sponsor. How to enter: (1) Follow @ibnbattutamall on Instagram. (2) Spot the difference between both pictures (3) Tag at least one friend in the comments of the Competition post.
All entries must be received by 30/05/20 at 11:59 PM EST. Limit one (1) unique and original entry per person for the Competition Period. Any attempt by an Entrant to obtain more than the stated number of entries by using multiple identities, registrations, logins, and/or any other methods will void such Entrant's entry and that Entrant may be disqualified from the Competition.
Use of the Entry Hashtag and entry of a Submission into the Competition constitutes Entrant's understanding of, full and unconditional agreement to, and acceptance of these Official Rules. Sponsor’s decisions are final in all matter relating to this Competition. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules. Sponsor's decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally. All information provided by Entrants becomes the property of Sponsor. ELIGIBLE ENTRANTS MUST ENTER IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED.
Each Submission that is entered into the Competition must meet the following “Submission Requirements” (any Submission that, in Sponsor’s sole and absolute direction, violates the following criteria will be disqualified)
a) Submission must be submitted via Instagram, as described above;
b) Entrant must have a non-private Instagram account;
c) The Submission must be original to Entrant and Entrant must be the rightful owner of the Submission or must have the rights, title, and interest necessary to utilize the Submission for the Promotion in compliance with these Official Rules;
d) Submission must comply with the applicable technical submission requirements (e.g., size, format) and must comply with Instagram’s Terms of Use;
e) Submission cannot contain content that infringes trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as personal names, e-mail addresses or street addresses;
f) Submission must NOT contain material which is (or promoting activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or material that contains any derogatory references to any Promotion Entities;
g) Submission must NOT include any copyrighted media production, or references to films, music, books, television programming, etc., or contain any identifying descriptions of any media property;
h) Submission must NOT include the names and/or likenesses of individuals other than the Entrant without the individual’s written consent.
Sponsor reserves the right, in its sole discretion, to disqualify any Submission that is ineligible, incomplete, non-compliant or otherwise objectionable. Each entrant hereby agrees to indemnify and hold the Competition Entities and their successors and assigns 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, covenants or obligations of entrant hereunder. IMPORTANT NOTE: Without in any way limiting the effect of the rest of these Official Rules, any entrant who incorporates any intellectual property owned by a third party into his or her entry without permission does so at his or her own risk.
4. WINNER SELECTION & NOTIFICATION: On or about 31/05/2020, the Administrator will conduct a random drawing from all eligible entries received during the Competition Period to select one (1) potential winner. Potential winner will be notified in the form of a direct message from the Sponsor on Instagram. Potential Winner will be required to respond (as directed) to the notification attempt and provide an email address and/or phone number as directed within seventy-two (72) hours of first attempted notification. Failure to respond within the stated time period may result in forfeiture of the prize. Potential Winner will be required to verify address and return within three (3) days an affidavit of eligibility and liability/publicity release (collectively, “Prize Claim Documents”) covering eligibility, liability, advertising, publicity and media appearance issues, unless prohibited by law. The failure to respond timely to the notification may result in forfeiture of the prize and, in such case, Administrator may select and attempt to contact up to three (3) alternate winners from the remaining eligible entries received. A prize will not be awarded until all such properly executed forms are returned. Administrator and/or Sponsor reserve the right to disqualify anyone not fully complying with the Official Rules; and, upon disqualification, prize will be forfeited without compensation of any kind.
5. ODDS OF WINNING: Odds of winning depend on the number of eligible entries received during the Competition Period.
6. PRIZE: (3). The Prizes consists of Lenovo Tab.
ALL TAXES, AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. No cash alternatives or prize substitution is allowed except at the discretion of the Sponsor. If the prize cannot be awarded due to circumstances beyond the control of the Sponsors, a substitute prize of equal or greater retail value may be awarded. No refunds, credits or exchanges are allowed. The prize is awarded WITHOUT WARRANTY OF ANY KIND, express or implied, without limitation. Neither sponsor nor Administrator will replace any lost or stolen prize. Other restrictions may apply. Administrator reserves the right to disqualify anyone not fully complying with the Official Rules.
7. PUBLICITY RIGHTS & RIGHTS RELEASE: By entering the Competition, each Entrant hereby grants to the Sponsor and its designees the non-exclusive, irrevocable, fully paid, universal license to use, copy, edit, sublicense, make derivative works, transmit, distribute, publicly perform, publish, delete or display each Entrant’s Submission, and to use each Entrant’s Instagram handle, or image, photo, video, text, name, likeness, biographical data, city, state of residence and quotations (the “Materials”) in advertising, marketing, programming or promotional materials, worldwide in perpetuity in any media now known or hereafter devised including, but not limited to all forms of electronic media, print media and all forms of internet and wireless protocol and, in the case of the confirmed winner, on a winners’ list, if applicable, without further compensation unless prohibited by law. Each Entrant understands that his or her name and Materials may be posted on the Sponsor’s website, social media profiles and in digital media. Entrants agree that the Sponsor and its designees have no obligation to post any Material. Entrants agree to release the Competition Entities, and their assigns and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith.
8. CONDITIONS OF PARTICIPATION: Sponsor, in its sole discretion, may designate the Administrator to handle winner selection, notification and fulfilment tasks on Sponsor’s behalf. All federal, state and local laws and regulations apply. By participating, each Entrant agrees to be bound by these Official Competition Rules and the decisions of the Competition Entities, which shall be final in all respect.
9. DISCLAIMER OF WARRANTIES; RELEASE; LIMITATION OF LIABILITY: By participating in this Competition and/or by accepting any prize, each Entrant agrees to release the Competition Entities and each of their respective advertising agencies, successors, employees, agents, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, losses or damages arising in any manner, directly or indirectly, from participation in this Promotion and/or acceptance or use of a prize, including any travel related thereto. The Released Parties shall not be liable for: (i) any injuries, losses, liabilities or damages of any kind including personal injury or death caused by the prize or resulting from acceptance, possession, use or misure of a prize including participation in any activity related thereto, or from participation in the Competition, including any travel related thereto; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (v) any inability of winner to accept or use any prize (or portion thereof) for any reason and such prize or portion thereof shall be forfeited; or (vi) any printing, typographical, human administrative or technological errors in any materials or activities associated with the Competition. Competition Entities disclaim any liability for damage to any computer or mobile system resulting from participating in, or accessing or downloading information in connection with this Competition. Competition Entities reserve the right, in their sole discretion, to cancel, modify or suspend the Competition (or any portion of the Competition) at any time for any reason or should fraud, a virus, bug, computer problem, unauthorized intervention, extenuating circumstance or other problem/cause corrupt or inhibit the administration, security or proper play of the Competition and, in such situation, will select the winners from eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Competition Entities. Competition Entities may prohibit Entrant from participating in the Competition or winning a prize if, in its sole discretion, it determines Entrant is attempting to undermine the legitimate operation of the Competition by cheating, hacking, deception, or any other unfair practices or intending to annoy, abuse, threaten or harass any other Entrants or Competition Entities representatives.
As a condition of entering, Entrants agree (and agree to confirm in writing): (a) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (b) all causes of action arising out of or connected with this Competition, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (c) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
10. GOVERNING LAW/DISPUTES: This Competition is governed by the laws of the United Arab Emirates, without respect to any choice of law or conflict of law principles that would result in the application of any law other than that of the United Arab Emirates. As a condition of participating in this Competition, Entrants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Competition, shall be resolved individually through binding arbitration, without resort to any form of class action, in accordance with the arbitration provision set forth below.
11. ARBITRATION PROVISION: By participating in this Competition, each Entrant agrees that any and all disputes the entrant may have with, or claims Entrant may have against, the Released Parties relating to, arising out of or connected in any way with (i) the Competition, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by the Dubai International Arbitration Centre (the “DIAC”) and conducted before a sole arbitrator pursuant to the Code of Procedure established by the DIAC. The arbitration shall be held at a location determined by the DIAC pursuant to the Code of Procedure, or at such other location as may be mutually agreed upon by the participant and Sponsor. The arbitrator's decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Competition. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the participant's and/or Sponsor's individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award special or punitive damages against the participant or Released Parties. For more information Code of Procedure, please visit their website at http://www.diac.ae/idias/rules/uae/chapter3/. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
12. SPONSOR: Nakheel Malls
13. ADMINISTRATOR: Ibn Battuta Mall
The Competition is in no way sponsored, endorsed or administered by Instagram. Instagram is completely released of all liability by each Entrant in this Competition. You understand that you are providing your information to Sponsor and not to Instagram.
