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Help #86AIDS With Our (RED) and Zagat Instagram Contest

By Amanda Spurlock
June 2, 2014

This month, we're helping you dine out for a good cause in partnership with (RED) in the fight against AIDS. And we're taking it to Instagram with our EAT (RED) DRINK (RED) Zagat Instagram Contest. Head over to any participating (RED) restaurant, Instagram with the hashtag #86AIDS and tag @RED and @Zagat to enter. On June 11, we'll pick our five favorite entries to win a prize package that includes an EAT (RED) tote bag, t-shirt, Jonathan Adler (PRODUCT)RED Special Edition Tomato Pop candle, a Kidrobot (PRODUCT)RED Special Edition Bot Keychain and $100 to spend at your favorite Zagat-rated restaurant. 

For participating restaurants near you, click here.

Complete rules below:

ZAGAT/RED #86AIDS INSTAGRAM CONTEST RULES

1. Description of the Contest: The Zagat/RED #86AIDS Contest (the “Contest”) is designed drive user interaction with Zagat’s Instagram page and increase followers. Judges will choose each day’s winner and runner-up’s. Prizes will be distributed in accordance with the Official Rules.

2. Sponsor: The Contest is sponsored by Google Inc. 1600 Amphitheatre Parkway, Mountainview, CA, 94043.

3. Binding Agreement: In order to enter the Contest, you must agree to the terms and conditions of the contest (the "Official Rules" or “Rules”). These Rules will form a legally binding agreement between Zagat and you with respect to this Contest, please read them carefully. You may not submit an Entry to the Contest and you will not be eligible for the prizes described in these Rules unless you agree to these Rules. You agree that submission of an Entry in the Contest constitutes your agreement to these Rules.

4. Eligibility: The Contest is open to all persons who are over age 18 as of 12:00:01 AM, Pacific Time (PT) on the day they are submitting entry to the Contest. By entering the Contest, participants ("Entrants") also agree to participate in any Media Activity, as outlined in Section 11 below. Contestants cannot win more than once.  Employees, interns, contractors, and official office-holders, as well as their immediate families, of Zagat Inc., its affiliates, and any representatives or agencies of Zagat or other persons professionally connected with the Contest are not eligible to participate. This Contest is void where prohibited.

5. Contest Period: The Contest begins at 12:00:01 A.M. Pacific Time (PT) on June 1, 2014 and ends on 11:59:59 P.M. Pacific Time (PT) on June 10, 2014. Entries will be accepted from 12:00:01 A.M. Pacific Time (PT) on June 1, 2014 and ends at 11:59:59 P.M. Pacific Time (PT) on June 10, 2014. Users are responsible for determining the Entry times in their local time zone. 

6. How To Enter:  Contestants must submit at least one photo via Instagram between 12:00:01 AM Pacific Time (PT) on June 1 and 11:59:59 PM Pacific Time (PT) on June 10 to be considered for one of the five prizes. Winning photos will be chosen on June 11, 2014 by a panel of judges from Zagat. To qualify for consideration for prizes, contestants must Instagram a photo from a participating RED location, include the hashtag #86Aids and mention @Zagat and @Red in the photo caption and agree to the Official Rules of the Contest.

7. Conduct: By entering the Contest, you agree to comply with and be bound by these Official Rules, which will also be posted on the Website. Failure to comply with these Rules may result in disqualification from the Contest. You further agree to comply with and be bound by the decisions of the judges, which are final and binding in all respects. Zagat reserves the right in its sole discretion to disqualify any Entrant it finds to be: (1) tampering or attempting to tamper with the Entry process, public voting round, or the operation of the Contest; (2) violating the Official Rules; (3) violating the terms of service, conditions of use or general rules or guidelines of any Zagat property or service; or (4) acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person. Any false information provided within the context of the Contest by any Entrant concerning identity, postal address, ownership of right or non-compliance with the Rules may result in the immediate elimination of an Entrant from the Contest. Zagat further reserves the right to disqualify any Entry that it believes in its sole and unfettered discretion infringes upon any law or otherwise does not comply with these Rules. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY PROPERTY OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, ZAGAT RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

8. Judging and Selection of Winners: Judging will be done by a panel of Zagat employees or partners brought in for specifically judging winners of the contest. Photos will be judged on the appeal of the food, restaurant location, or any other photographed element. Winners will be selected the business day following the closure of the contest as per the rules regarding time of submission.

Potential winners will be notified of their winning status via Instagram the day after contest closes. Except where prohibited by law, each potential winner may be required to sign and return a Declaration of Eligibility and Liability and Publicity Release and provide any additional information that may be required by Sponsor. If required, potential winners must return all such required documents within seven (7) days following attempted notification or such potential winner will be deemed to have forfeited the prize and another potential winner will be selected based on the judging criteria described herein. All notification requirements, as well as other requirements within these Rules, will be strictly enforced. In the event there are not enough eligible entries, not all prizes will be awarded. If any winner is not able for whatever reason to accept their prize, then Zagat reserves the right to award the prize to another Entrant.

9. Prizes:
At the completion of the contest, five winners will receive a giftbag from RED and that includes $100 USD to be used for dining at a Zagat rated restaurant, a RED tshirt of $25 value, a Jonathan Adler candle of $38 value, a Kidrobot keychain of $4 vaiue and a RED tote of $15 value. The Zagat gift card can be used for dining at restaurant of winner’s choice,  including food, drinks, gratuity, sales tax and service charges.  If the total cost is greater than that amount, winner(s) are financially responsible for any additional charges and Zagat is not liable.  If the total cost is less than that amount winner(s) will NOT receive any additional funds or difference between the actual amount and that amount.  Total approximate value up to $500 USD per prize.

Odds of winning any prize depends on the number of eligible Entries received during the Contest Period and the skill of the Entrants. The prizes will be awarded within approximately six (6) weeks of receipt by Google of final prize acceptance documents. No transfer, substitution or cash equivalent for prizes is allowed, except at Sponsor’s sole discretion. Zagat reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value if a prize cannot be awarded, in whole or in part, as described for any reason. Value is subject to market conditions, which can fluctuate and any difference between actual market value and ARV will not be awarded. The prize(s) may be subject to restrictions and/or licenses and may require additional hardware, software, service, or maintenance to use. The winner shall bear all responsibility for use of the prize(s) in compliance with any conditions imposed by such manufacturer(s), and any additional costs associated with its use, service, or maintenance. Zagat has not made and Zagat is not responsible in any manner for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the prize(s), regarding the use, value or enjoyment of the prize(s), including, without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose, with the exception of any standard manufacturer's warranty that may apply to the prize or any components thereto.

10. TAXES: PAYMENTS TO POTENTIAL WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO ZAGAT ALL DOCUMENTATION REQUESTED BY GOOGLE TO PERMIT IT TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL TAX REPORTING AND WITHHOLDING REQUIREMENTS. ALL PRIZES WILL BE NET OF ANY TAXES ZAGAT IS REQUIRED BY LAW TO WITHHOLD, EXCEPT SALES TAXES. ALL TAXES, EXCEPT SALES TAXES, IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. In order to receive a prize, potential winners must submit the tax documentation requested by Zagat or otherwise required by applicable law, to Zagat or the relevant tax authority, all as determined by applicable law, including, where relevant, the law of the potential winner’s country of residence. The potential winners are responsible for ensuring that (s)he complies with all the applicable tax laws and filing requirements. If a potential winner fails to provide such documentation or comply with such laws, the prize may be forfeited and Zagat may, in its sole discretion, select an alternative potential winner.

11. Media Activity: By participating in this Contest, you agree and hereby grant Zagat and RED permission to use, copy, modify and make available your submissions to the public (with or without attribution to you) for any purpose, such as, but not limited to, press and media communications, without further compensation to you. You also agree to participate in any media or promotional activity regarding the Contest. If you are a winner, you agree that Zagat and RED may use your name and likeness to administer and promote the Contest and to conduct media interviews and promotional events.

12. Privacy Notice: By participating in this Contest, you agree that we can collect your personal information, and that if we cannot collect the required data, you may not be eligible to participate in the Contest. Any personal information collected during the course of the competition by Google will only be used for administering this Contest and for other purposes as outlined in these Rules, and will be subject to the practices described in the Google Privacy Policy (located at http://www.google.com/intl/en/privacy.html). You will have the right to access, review, rectify or cancel any personal data held by Google by writing to Google (Attention: Privacy Matters) at the Google address listed above.

13. General Conditions: This Contest is governed by the laws of the State of California, United States. All federal, state and local laws and regulations apply. By participating in this Contest, you agree to be bound by the terms of these Official Rules and by Zagat’s decisions, which are final and binding on all matters pertaining to this Contest. Return of any prize/prize notification may result in disqualification and selection of an alternate winner. Any potential winner who cannot be contacted within five (5) days of attempted first notification will forfeit his or her prize. Potential prize winners may be required to sign, notarize and return an Affidavit or Declaration of Eligibility, a Liability/Publicity Release, an I.R.S. Form W-9, and provide any additional information that may be required by Zagat. Failure to comply within this time period may result in disqualification and selection of an alternate winner. Zagat is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prizes. Each Entrant agrees not to participate in the Contest in any manner that might (1) infringe any third-party proprietary, intellectual property, industrial property, personal rights or other rights, including without limitation, copyright, trademark, patent, trade secret, rights of publicity or confidentiality obligation; (2) include anything which promotes or exhibits lewd, violent or inappropriate content as defined in Section 7; or (3) otherwise violate applicable law in any countries in the world.

14. No Recourse to Judicial or Other Procedures: To the extent permitted by law, the rights to litigate, to seek injunctive relief or to any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and you expressly waive any and all such rights.

15. LIMITATIONS OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU INDEMNIFY AND AGREE TO KEEP INDEMNIFIED ZAGAT AT ALL TIMES FROM AND AGAINST ANY LIABILITY, CLAIMS, DEMANDS, LOSSES, DAMAGES, COSTS AND EXPENSES RESULTING FROM ANY ACT, DEFAULT OR OMISSION BY YOU AND/OR A BREACH OF ANY WARRANTY BY YOU SET FORTH HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU INDEMNIFY AND AGREE TO KEEP INDEMNIFIED ZAGAT AT ALL TIMES FROM AND AGAINST ANY LIABILITY, ACTIONS, CLAIMS, DEMANDS, LOSSES, DAMAGES, COSTS AND EXPENSES FOR OR IN RESPECT OF WHICH GOOGLE WILL OR MAY BECOME LIABLE BY REASON OF OR RELATED OR INCIDENTAL TO ANY ACT, DEFAULT OR OMISSION BY YOU UNDER THESE RULES INCLUDING WITHOUT LIMITATION RESULTING FROM OR IN RELATION TO ANY BREACH, NON-OBSERVANCE, ACT OR OMISSION WHETHER NEGLIGENT OR OTHERWISE, PURSUANT TO THESE RULES BY YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO HOLD ZAGAT, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND ASSIGNS HARMLESS FOR ANY INJURY OR DAMAGE CAUSED OR CLAIMED TO BE CAUSED BY PARTICIPATION IN THE CONTEST AND/OR USE OR ACCEPTANCE OF ANY PRIZE WON.

16. Third Parties: Zagat is not responsible for the policies, actions, or inactions of others, that might prevent you from entering, participating, and/or claiming a prize in this Contest. 

17. Internet: Zagat is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission. Zagat is not responsible for theft or destruction or unauthorized access to or alterations of Entry, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind. Zagat is not responsible for inaccurate transmissions of or failure to display Entry on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. If for any reason the Internet portion of the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Zagat reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest.

18. Severability: If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.

19. Winner List: The names of the winners will be posted on the Zagat Instagram page within one month of the contest end date.

© Copyright 2014. All rights reserved. Zagat and the Zagat logo are trademarks of Google Inc. All other company and product names may be trademarks of the respective companies with which they are associated.

 
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