Last Updated November 7, 2022
NO PURCHASE NECESSARY. From time to time, The United States Playing Card Company (“USPC” or “Sponsor”) may sponsor contests, giveaways, and sweepstakes on Instagram (each a “Promotion”). These General Rules shall govern and control your participation in these Promotions. The starting date and time for any such Promotion and the details to enter will be announced in one of Hro’s Intsagram feeds, namely @hrocards. To enter a Promotion, respond to Hro’s Promotion offer on Instagram (e.g., by clicking on promotion link and completing entry form; by commenting on the post with a Promotion related hashtag [e.g., “[email protected]”, “[email protected]”]) and follow all other details to enter. Entries submitted in compliance with the foregoing and all other terms in these General Rules are hereafter “Entries” or, individually, an “Entry.”
PROMOTION LIMITS: Unless specified otherwise, only one entry per person, and you may only use one Instagram account to participate. Each complete and eligible response automatically qualifies as an entry to the Promotion. USPC does not accept entries for its Instagram Promotions by phone, fax, courier, mail or email.
ELIGIBILITY: To participate, you must be a Instagram user aged 18 and above who is a legal resident of the US (including DC) at the time of entry (“Entrants” or, individually, an “Entrant”). Employees of USPC or any of its affiliates and members of their immediate families, and those with whom they reside, are not eligible to participate. “Immediate family” means spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren – or those living in the same household. Persons belonging to or affiliated with a professional acting, theater, or film-making organization, such as SAG or AFTRA, are not eligible to participate. Professional actors and filmmakers, whether full-time or part-time, are allowed to participate so long as they do not belong to any professional organizations connected with the entertainment industry that would cause Sponsor to pay the entrant or any other person a fee or any other benefit for taking part in any Promotion. Promotions are subject to all applicable federal, state, and local laws. Businesses, associations, or other groups are not eligible. Anyone in USPC’s sole discretion that is found to (a) be using multiple Instagram accounts to participate or (b) is participating in an attempt to hijack a Promotion (for example, participating in collaboration with other users) will be ineligible, and his/her Entries will be invalidated.
REQUIRED REPRESENTATIONS AND WARRANTIES: You must meet all of the following as applicable to your Entry. Failure to do so may result in your disqualification.
By entering, you represent and warrant with regard to your Entry:
- It is your own original work or you must have all the rights necessary to post or re-post the content. Each Entry must not contain any material that would violate or infringe upon the rights of any person or entity, including without limitation copyrights, trademarks or rights of privacy or publicity, or that is defamatory, threatening, indecent, obscene or offensive, or that is unlawful, in violation of or contrary to any applicable laws or regulations, or which requires a license from any third party.
- You have the express written consent of any identifiable persons appearing or referenced in your Entry or Entries to their Persona (as defined below) being used in the ways set out in these General Rules, including Sponsor’s right to use your Entry or Entries for any future commercial purpose without restrictions. Upon request, you will obtain written consent of any such persons for Sponsor in the form identified by Sponsor. If any person appearing in any Entry is under the age of majority in their jurisdiction of residence, the written consent and signature of a parent or legal guardian is required.
- Your Entry does not reference any person other than Entrant, or any names, products or services of any company or entity or any third-party trademarks, logos, copyrights, trade dress or promotion of any brand, product, or service.
- Your Entry is appropriate for public viewing. Without limiting the foregoing, your Entry is not lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, or otherwise contain content which Sponsor in its sole discretion decides is inappropriate or objectionable. Your Entry must also not disparage or cast a negative light on any person, entity, or brand, product, or service.
- Your Entry complies with all of Sponsor’s and Instagram’s requirements and terms regarding the use of their services.
Sponsor reserves the right in its sole discretion to not consider any Entry for the applicable Promotion if it believes the Entry violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these General Rules or any other rules provide by Sponsor. You agree to reimburse Sponsor in full in respect of any losses, damages, and expenses, including reasonable legal fees that Sponsor may sustain from the breach of a representation or warranty made by you or the use of any rights granted by you to Sponsor hereunder. By entering, you warrant that your Entry complies with the requirements set out above, including those at (i)–(v). By entering, you hereby grant to Sponsor a perpetual, irrevocable, exclusive, worldwide, royalty-free, sub-licensable, freely assignable license to reproduce your Entry and to otherwise use, exploit, copy, modify, adapt, edit, publish and display the Entry in any form, manner, venue, media or technology now known or later developed for any and all purposes, including, without limitation, for purposes of commercial or trade purposes, advertising, and promotion as Sponsor and its licensees or assignees determine, without further compensation, notification, or permission. Further, by entering, you hereby waive any moral rights you may have in any Entry in favor of the Sponsor.
By submitting your Entry you, also grant to Sponsor the worldwide, perpetual, irrevocable, fully sub-licensable, and freely transferable right, but not the obligation, to use any and all names, identities, Instagram handle, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the Entry and/or image (all attributes, collectively, per person, a “Persona”) for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law.
WINNER SELECTION: Winner selection will be based on either (i) a random selection from among all eligible entries conducted by Sponsor or Sponsor’s authorized representative; or (ii) the criteria specified on the Hro feed.
In the event the winner(s) are selected at random, the odds of winning may depend upon the number of eligible Entries received.
In the event the winner(s) are selected based on specific criteria, Sponsor will select a panel of qualified judges (the “Judging Panel”) to evaluate each eligible entry based on the specified criteria, weighted in the Judging Panel’s sole discretion. To be clear, the Judging Panel may review multiple entries that submit similar entries; in such a case, the Judging Panel may consider the timing of such entries in making its decision but will not be bound to designate as a potential winner the first submission of such similar entries.
PRIZES: Prizes may consist of special Hro cards, uncut card sheets, framed art, in-person experiences, or other rewards determined by USPC in its sole discretion. Prize details and availability are subject to change, in which case a prize of equal value may be substituted at USPC’s sole discretion. Entrants may waive the right to receive a prize. Prizes consist only of the items listed by USPC, and are non-assignable, non-transferable, with no cash redemption or substitution except at USPC’s sole discretion. USPC will determine all prize details (brand, model, size, etc.) in its sole discretion. Entrants may be required to provide their valid Social Security Number to USPC for tax purposes and/or complete an IRS W-9 form in order to receive a prize. Entrants are solely responsible for all federal, state and local taxes on a prize’s value and, as applicable, will be issued an IRS Form 1099 based on the prize’s value determined by USPC. Prizes not claimed by eligible Entrants in accordance with these General Rules will not be sent to Entrants and will remain the property of USPC. USPC may require prize winners to complete, sign, and return an Affidavit of Eligibility/Liability Release/Publicity Release and other applicable documents. All required documents must be completed and returned to USPC within 7 days of the date and time listed on the documents.
DISCLAIMER OF WARRANTIES: TO THE FULL EXTENT PERMITTED BY LAW, ANY PROMOTION, INCLUDING PRIZES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ARE NOT WARRANTED IN ANY WAY. YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN A PROMOTION, INCLUDING RECEIPT, USE, REDEMPTION OF ANY PRIZE, IS AT YOUR OWN RISK. USPC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THE PROMOTION OR THESE GENERAL RULES.
Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.
NOTIFICATION: Prizes are subject to verification of eligibility and compliance with these General Rules. By entering this Sweepstakes, each entrant agrees that the Sponsor may contact the entrant using the email address, phone number, social media handle or other contact information provided with the Entry, to administer and fulfill this Sweepstakes. Entrants may receive notice of prizes by Sponsor or its designated representative via direct message on Instagram. Entrants must adjust their Instagram account settings to allow for receipt of messages from Sponsor. For this purpose, entrants must set their Instagram account settings to “Public” and take any further necessary steps to ensure receipt of any communication from Sponsor. It is entrant’s sole responsibility to take any steps necessary to adjust their account settings to permit entrant to receive messages from Sponsor. Any Entrant’s failure or inability to receive any message(s) from Sponsor for any reason shall be deemed a failure by such entrant to comply with these rules, such entrant shall be disqualified from the Sweepstakes. Similarly, Sponsor shall not be liable for any lost, misdirected, or otherwise unreceived or illegible messages from entrants.
In the event of a dispute, the name and mailing address first sent by direct message from the holder of the Instagram account will be deemed to be the Entrant. If a potential winner cannot be contacted, is disqualified, or fails to timely execute and return any required forms, an alternate winner may be selected from among the remaining eligible entries. Entrants are responsible for the payment of all taxes which may result from participation in a Promotion.
AN ENTRANT IS NOT A WINNER UNLESS AND UNTIL USPC HAS COMPLETED ITS VERIFICATION OF ENTRANT’S ELIGIBILITY AND ENTRANT COMPLIES WITH THESE GENERAL RULES AND ANY OTHER APPLICABLE RULES.
RELEASE & INDEMNIFICATION: By entering a Promotion, you agree to release, discharge and hold harmless USPC, Instagram, prize providers, and each of their respective affiliates, directors, officers, employees, agents and assigns (the “Released Parties”) from any claims, losses, and damages arising out of, or relating to, your Entry, your participation in a Promotion or any Promotion-related activities, and the acceptance and use, misuse, or possession of any prize awarded hereunder (including, without limitation, any misrepresentation made by you in connection with a Promotion; any non-compliance by you with these General Rules; claims brought by persons or entities other than the parties to these General Rules arising from or related to your involvement with a Promotion; acceptance, possession, misuse or use of any prize or participation in any Promotion-related activity or participation in a Promotion; any malfunction, error or other problem arising in connection with the collection, processing, or retention of Entry information; or any typographical or other error in the printing, offering or announcement of any winner). The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in any way in connection with a Promotion.
USPC is not responsible for late, lost, incomplete, irregular, or misdirected Instagram posts, comments, Instagram @Replies, email, or for any computer, online, telephone or technical malfunctions or human errors that may occur. If for any reason, the Promotion is not capable of running as planned, or more prizes are awarded than planned, including due to a computer virus, bugs, tampering, unauthorized intervention, or technical failures of any sort, USPC may cancel, terminate, modify, or suspend the applicable Promotion. Entrants further agree to release USPC from any liability resulting from or related to participation in Promotions or the awarding or use of any prize. USPC reserves the right to terminate or withdraw a Promotion at any time.
If USPC’s use of your Entry or your participation in any Promotion causes USPC to be subject to a claim by any third party (including, but not limited to, a claim of infringement), you agree to indemnify and hold harmless the Released Parties, and all persons acting by, through, under, or in concert with them, against any and all damages, costs, judgments and expenses (including reasonable attorney’s fees) which the Released Parties (or any one of them) may incur as a result of the use of your Entry.
CONSTRUCTION and GOVERNING LAW: The invalidity or unenforceability of any provision of these General Rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these General Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Any disputes arising under any Promotion or these General Rules will be governed by relevant U.S. federal statutes and regulations and the internal laws of the State of Delaware.
ARBITRATION: USPC and each Entrant agree that any such claim or dispute between the parties, or between a party and any agent, employee, successor, or assign of the other, related to a Promotion and/or these General Rules (including the applicability of this arbitration clause) shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at adr.org or by calling the AAA at +1-800-778-7879.) The United States Federal Arbitration Act will govern the interpretation and enforcement of this Section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or these General Rules are void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
YOU WILL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER PERSONS OR ENTITIES IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO A PROMOTION OR THESE GENERAL RULES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES; OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED.
NO AFFILIATION: Promotions are in no way sponsored, endorsed or administered by, or associated with Warner Bros. Entertainment, Inc., DC Comics, or Instagram.
CONTACT: Any questions, comments or complaints regarding Promotions should be directed to USPC at the following address: The United States Playing Card Company, Attn: Hro Instagram Promotions, 300 Gap Way, Erlanger, KY 41018.