The Always Pan 2.0 “Certified 10” Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. THIS GIVEAWAY IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM.
How to Enter. There is NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY to participate in the Sweepstake. A purchase does not improve your chance of winning.
During the Sweepstakes Period, visit the Our Place retail store located at either 8507 Melrose Ave, West Hollywood, CA 90069 or 1344 Abbot Kinney Blvd, Venice, CA 90291 (each an “Our Place Store”) during normal business hours to obtain a free Sponsor-branded hat or keychain (“Merch”), while supplies last. Then visit www.instagram.com or the Instagram App, log into your Instagram account, and: (i) follow Sponsor’s Instagram account @ourplace, (ii) upload a photograph with the Merch at an Our Place Store on your Instagram and (iii) in the photograph caption, tag @ourplace and include the required hashtag #SweepsEntry (the “Hashtag”). You must be a member of Instagram and your account must be set to the “public” setting in order to participate; joining Instagram is free. Upon uploading your photo according to this section, you automatically receive one (1) entry into the Sweepstakes. By using the Hashtag in connection with your Instagram post, you are acknowledging and agreeing that Sponsor has the right to stream your post through the Instagram API. If you choose to enter via your mobile device on a wireless service provider’s network (as opposed to on a Wi-Fi network), your wireless carrier’s text and data rates may apply. You should consult your wireless service provider’s pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier.
multiple/different Instagram accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any Instagram account, the authorized account holder of the Instagram account used to submit an entry will be deemed to be the entrant. The “authorized account holder” of an Instagram account is the natural person who is assigned to the Instagram account used to submit an entry. The potential winner may be required to show proof of being the authorized account holder.
Upon submission of entry in this Sweepstakes, each entrant agrees that Sponsor may contact her or him via social media, including on Instagram, by sending the entrant a direct message, tagging the entrant, posting to entrant’s social media page or naming entrant on Sponsor’s social media page. Entrants must provide all required information to be eligible to enter and win. Potential winners are subject to verification before any prize will be awarded.
By participating in this Sweepstakes, entrant acknowledges and agrees that he or she will clearly and conspicuously disclose that he or she is participating in this Sweepstakes in the entry and any online sharing interaction that references the Sweepstakes or that is used to obtain entries in connection with this Sweepstakes. At a minimum, the Hashtag must be included in all social media communications sent pursuant to the Sweepstakes. Sponsor reserves the right in its sole discretion to disqualify any entrant who does not adequately disclose his or her participation in the Sweepstakes while engaging in any online social sharing interaction during the Sweepstakes Period.
The Submissions may not contain, depict or show any content that: (i) is sexually explicit or suggestive, offensive, lewd, profane, obscene, or contains nudity or racist innuendo; (ii) promotes any activities that may appear unsafe or dangerous, or any political agenda or message; (iii) defames, misrepresents or contains disparaging remarks about Sponsor or other companies; (iv) contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) or copyrighted materials (including photographs, sculptures, paintings, and other works of art or images published via websites, television, movies or other media) owned by others, without permission; (v) contains any personal identification, such as license plate numbers, last names (first names are permitted), e-mail addresses or street addresses for any person other than entrant, or otherwise infringes on the privacy or rights of any person other than an entrant; (vi) communicates messages or images inconsistent with the positive image and good will of Sponsor’s brand; and/or (vii) violates any law. Any Submissions that contain, depict or show such content; that exceed any required file size or length limits imposed by Sponsor or any third party social media site; and/or that violate these Submission requirements and/or the terms of these Official Rules will be disqualified. Sponsor reserves the right in its sole and unfettered discretion to disqualify any Submission that it believes is inappropriate or not suitable for publication, that does not comply with these Official Rules, or that is not consistent with the spirit or theme of the Sweepstakes.
If the Submission contains an identifiable person other than the entrant who submitted the Submission, by submitting the Submission, the entrant represents and warrants that he or she has obtained the consent of such person to the use of the Submission as outlined herein and such person may be required to provide written consent to the Sponsor’s use of the Submission.
Entries that do not include in the photo caption the required Hashtag and Sponsor tag @ourplace will not be eligible and will be disqualified. Bulk, automated and/or third party entries are prohibited and will be disqualified. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply.
Each entrant acknowledges that other entrants may have used ideas and/or concepts in their Submission that may be similar in idea or concept to what is included in entrant’s Submission. Each entrant understands and agrees that he/she shall not have any claim against any other entrant or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity.
4. Winner Selection. On or about April 17, 2023, two (2) winners will be selected - one each from two (2) random drawings from all eligible entries received during the Promotion Period featuring each Our Place Store. The drawings will be conducted by Sponsor using randomization methods selected by Sponsor in its sole discretion. The odds of winning are based on the number of eligible entries received. The potential winners will be notified by Instagram direct message. If a potential winner does not respond within 5 days of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, or in the event that the potential winner is disqualified for any reason, such potential winner will forfeit his or her prize and an alternate potential winner may be selected by a random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason.
Verification of Potential Winners: ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
5. Prizes. Two (2) Prizes will be awarded. Each prize consists of a US $1,000 Our Place gift card, which shall be subject to Sponsor’s Gift Card Terms.
Prize is non-transferable and non-assignable. No substitutions or cash redemptions. In the case of unavailability of any prize, Sponsor reserves the right to substitute a prize of equal or greater value. Unclaimed prizes will not be awarded. All unspecified expenses are the responsibility of winners. Potential winners must supply Sponsor with a complete and valid IRS Form W-9 prior to receiving the Prize. The value of the Prize is taxable to the winners as income. An IRS Form 1099 will be issued in the name of each winner for the actual value of the prize awarded.
6. General Prize Conditions.
Potential winners may be required to execute an Affidavit of Eligibility and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”), prior to receipt of prize. If any potential winner fails or refuses to sign and return any requested Prize Claim Documents within 5 days of prize notification, the winner may be disqualified and an alternate potential winner may be selected.
7. Conditions. BY PARTICIPATING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO THE NON-EXCLUDABLE GUARANTEES (DEFINED BELOW) ENTRANTS AND WINNERS AGREE TO RELEASE AND HOLD HARMLESS SPONSOR, INSTAGRAM AND THEIR AFFILIATES, AND SPONSOR’S ADVERTISING AND PROMOTIONS AGENCIES AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, “RELEASED ENTITIES”), FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH, PREPARATION FOR, TRAVEL TO, OR PARTICIPATION IN SWEEPSTAKES, OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF PRIZE OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY AND FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT OR ANY OTHER INTELLECTUAL PROPERTY-RELATED CAUSE OF ACTION. Any and all federal, provincial, local, state and local taxes are the sole responsibility of the winners. Participation in Sweepstakes and acceptance of prize constitutes each winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, and/or any statements made by each winner regarding the Sweepstakes or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. Entrants who do not comply with these Official Rules, or attempt to interfere with this Sweepstakes in any way shall be disqualified. Entrants acknowledge and agree that their participation in this Sweepstakes are not and do not create any confidential, fiduciary, employment, agency or other special relationship between entrant and Sponsor. Subject to the Non-Excludable Guarantees, Sponsor is not responsible if Sweepstakes cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism, or any entrant’s inability to access the point of sales where the Sweepstakes is organized.
8. Additional Terms. All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. To the extent permitted by applicable law, and subject to the Non-Excludable Guarantees, Released Entities are not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by Sponsor. The Sponsor’s time clock is the official time clock for the Sweepstakes. Any attempted form of entry other than as set forth above is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. Released Entities are not responsible for, and are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Sweepstakes, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes or downloading materials from or use of the Site. Released Entities are not responsible for any typographical, printing, or other error in any Sweepstakes materials, or for any errors or problems which may occur in connection with the administration of the Sweepstakes, the processing of entries, or in the announcement of prizes, including such error that may give an erroneous indication that a prize has been won. In no event will a greater number of prizes than stated in these Official Rules be awarded. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Sweepstakes should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such a case, Sponsor may select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Limitation of Liability; Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO AND/OR USE OF ANY SITES ASSOCIATED WITH THE SWEEPSTAKES AND/OR THE SWEEPSTAKES ITSELF AND/OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY SITES ASSOCIATED WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW (I) THE EXCLUSION OF IMPLIED WARRANTIES ON APPLICABLE STATUTORY RIGHTS; AND (II) LIMITATIONS ON A CONTRACTING PARTY’S LIABILITY WITH REGARDS TO DAMAGES OR DEATH CAUSED DUE TO ITS NEGLIGENCE OR INTENTIONAL MISCONDUCT, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY IN SOME CASES. THIS LIMITATION MAY NOT BE ENFORCEABLE IN ALL JURISDICTIONS AND THEREFORE MAY NOT APPLY TO ALL ELIGIBLE PARTICIPANTS. FURTHER, NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR MODIFIES OR PURPORTS TO LIMIT, EXCLUDE OR MODIFY ANY STATUTORY CONSUMER GUARANTEES OR ANY IMPLIED CONDITION OR WARRANTY, THE EXCLUSION OF WHICH FROM THESE OFFICIAL RULES WOULD CONTRAVENE ANY STATUTE OR CAUSE ANY PART OF THESE TERMS AND CONDITIONS TO BE VOID (“NON-EXCLUDABLE GUARANTEES”). CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
10. Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Sweepstakes. Most disputes can be resolved without resorting to arbitration. Before taking any formal action, you will contact us at ATTN: Legal, 3924 Tuller Avenue, Culver City, CA 90230, with a copy to firstname.lastname@example.org, and provide your name, a brief, written description of the dispute, your contact information and a description of the specific relief you seek. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with each other, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration. If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated, then any controversy or claim arising out of or relating to these Official Rules and/or the Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association and not in a court of law. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be joined or consolidated in any arbitration with any claim or controversy of any other party. In the event that any court with competent jurisdiction or any arbitrator appointed pursuant to this section holds that this restriction on joinder of claims is unenforceable, then this agreement to arbitrate all disputes will not apply.
If an in-person arbitration hearing is required, then that hearing will be conducted either in Los Angeles, CA or, at the participant’s option, in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where the participant resides at the time the dispute is submitted to arbitration. If a participant intends to seek arbitration they must first send a written demand to Sponsor (“Demand”). The Demand should be sent by U.S. Postal Service certified mail to the AAA and to Sponsor at Sponsor’s address listed below. The Demand must (i) list the participant’s and Sponsor’s name and address; (ii) describe the nature and basis of the claim or dispute; (iii) set forth the specific relief sought and the amount of damages sought, if any, and (iv) identify the requested locale for any in-person hearing. The copy sent to the AAA must also include a copy of this arbitration agreement and the AAA’s applicable filing fee. In any arbitration under this section, each party will be responsible for paying any fees in accordance with AAA rules.
The foregoing notwithstanding, both parties retain the right to seek relief in small claims court for any dispute or claim falling within the scope of such court’s jurisdiction.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration or resolution in small claims court as set forth in these Official Rules and/or in connection with the judicial enforcement of any arbitration award in connection with these Official Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of Los Angeles in the State of California. The parties agree not to raise the defense of forum non convenient.
ENTRANTS, BY ENTERING, SPECIFICALLY AND KNOWINGLY WAIVE ANY RIGHT TO A TRIAL BY JURY AND A TRIAL BY JURY IS HEREBY WAIVED BY BOTH SPONSOR AND ENTRANTS.
12. Nature of Relationship/Waiver of Equitable Relief: Each entrant understands and acknowledges that Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to Sponsor or being developed by Sponsor’s own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material. Each entrant acknowledges and agrees that Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by an entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Sweepstakes, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission, and the entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
13. Name of Winner/List of Winners. To obtain a list of any legally-required winners list, send a self-addressed, stamped envelope to Lagom Kitchen Company to the address listed below. Vermont residents may omit return postage.
14. Sponsor: LAGOM KITCHEN COMPANY dba OUR PLACE, 3924 Tuller Avenue, Culver City, CA 90230.
15. DISCLAIMER: This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram. You understand that by entering this Sweepstakes, you are providing information to Sponsor and not to Instagram.