La Tortilla Factory’s (LTF) #LeanerLife Contest 2016  Official Rules

NO PURCHASE NECESSARY.  A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.  This Contest is in no way sponsored, endorsed, or administered by Instagram, LLC. LuLuLemon® is not a sponsor or a participant of this Contest.

Eligibility: La Tortilla Factory’s #LeanerLife Contest 2016 (the “Contest”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry and who did not purchase any equipment for the purposes of entering this Contest. Employees of La Tortilla Factory as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.

Sponsor & Administrator: La Tortilla Factory (LTF) 3300 Westwind Blvd Santa Rosa, CA

Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to this Contest.  Winning a prize is contingent upon fulfilling all requirements set forth herein.

Timing: The Contest begins on January 1, 2016 at 12:00 a.m. Pacific Standard Time (“PST”), ends on January 31, 2016 at 11:59 p.m. PST (the “Contest Period”). Instagram, LTF’s servers are the official time-keeping devices for the Contest. One (1) grand prize winner and five (5) runner up wellness winners will be announced on Monday, February 1, 2016 on or before 3 pm PST.

How to  Enter:  During  the  Entry  Period,  log  in  to  or  create  your  Instagram  account  and  follow @latortillafactory. Then, post one (1) creative and original photo that displays how you will live a leaner life and include the hashtags #leanerlife #latortillafactory in the “caption” field.  Hereafter, your photo and caption will be referred to as your “Submission.”  For posting a valid Submission, you will receive one (1) Contest entry. Any Submission that does not include the hashtags #leanerlife and #latortillafactory will not be considered for entry into the Contest.  In order for your entry to be valid, your Instagram profile must be public and thus viewable by the Sponsor. Posting a photo on Instagram requires a mobile device and therefore message and data rates may apply.  There is one grand prize winner and five (5) runner up wellness winners. The grand prize winner will receive a $250 gift card to LuLuLemon®and a variety pack of LTF tortillas. The five (5) wellness winners will receive a LTF T-shirt and five (5) packages of LTF tortillas.

Guidelines and Restrictions: By uploading your Submission, you agree that your Submission conforms to the  Photo  Guidelines  and  Content  Restrictions  as  defined  below  (collectively,  the  “Guidelines  and  Restrictions”) and that Sponsor, in its sole discretion, may disqualify you from the Contest if it believes that  your Submission fails to conform to the Guidelines and Restrictions.  Photo Guidelines:  The Submission must be in a format acceptable on Instagram (462 pixels wide and a maximum of 1MB in size); and The Submission must comply with Instagram’s Terms of Use

Content Restrictions: The Submission must not contain material that violates or infringes another’s rights, including but not  limited  to  privacy,  publicity  or  intellectual  property  rights,  or  that  constitutes  copyright infringement;

The Submission must not disparage Sponsor, Administrator or any other person or party affiliated with the Contest;

  • The Submission must not contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use to incorporate in his/her Submission in this Contest;
  • The Submission must not contain images or artwork not created by entrant;
  • The Submission  must  not  contain  material  that  is  inappropriate,  indecent,  obscene,  hateful,  tortious, defamatory, slanderous or libelous;
  • The Submission must not contain material that promotes bigotry, racism, hatred or harm against any  group  or  individual  or  promotes  discrimination  based  on  race,  gender,  religion,  nationality,  disability, sexual orientation or age; and
  • The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Submission is created.

Permissions:  Entrant must have permission from all individuals who appear in the Submission (if any) to

use their names and likenesses in the Submission and to grant the rights set forth herein. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor.

Limit: Each entrant may upload three (3) Submissions per day.  Each Submission must be substantially different than other Submissions.  Submissions received from any person or email address in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void. In the event of a dispute as to any Submission, the authorized account holder of the email address associated with the Instagram account used to enter will be deemed to be the entrant and must comply with these Official Rules. The “authorized account holder” is the natural person assigned  an email address by  an  Internet  access  provider,  online  service  provider  or  other  organization  responsible  for  assigning  email addresses for the domain associated with the submitted address. Each entrant may be required to show proof of being an authorized account holder.

Grant of License: Uploading a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis , and to incorporate it into other works,  in  any  form,  media  or  technology  now  known  or  later  developed,  including  for  promotional  or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Released Parties (as defined in Section  12, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void.

Winner Determination: A panel of qualified judges determined by the Sponsor, in its sole discretion will select the entrant with the highest-scoring Submission (each a potential Grand Prize winner) from among all eligible Submissions posted at any time during the Contest and based on the following criteria (“Judging Criteria”)

  • Demonstration of Leaner Life style (34%);
  • Creativity/Originality (33%); and
  • Quality of Submission (i.e. photo is well-lit and not blurry) (33%)

In the event of a tie, the potential winner whose Submission received the highest score for Creativity/Originality, as determined by the qualified judges, in their sole discretion, will be deemed the potential winner.

Winner Requirements: The winners will be notified on La Tortilla Factory’s Instagram feed on February 1, 2015. Each potential winner will be required to provide a valid mailing address (P.O. Boxes not permitted) within five (5) days of the date notice or attempted notice is sent in order to claim his/her prize. If a potential winner cannot be contacted, fails to respond within the required time period, fails to provide a valid mailing address within the required time period, does not comply with these Official Rules, or prize is returned as undeliverable, potential winner forfeits his/her prize.  If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor’s sole discretion.  Acceptance of any prize shall constitute and signify each winner’s agreement and consent that Sponsor and its designees  may use the winner’s  name,  city,  state,  likeness,  photo,  Submission  and/or  prize  information  in  connection  with  the Contest  for promotional, advertising or  other purposes ,  worldwide,  in any  and  all media now known  or hereafter  devised,  including  the  Internet,  without  limitation  and  without  further  payment,  notification, permission or other consideration, except where prohibited by law.  Without limiting the generality of these Official Rules, each winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity.  Each  winner  accepts  and  acknowledges that  Sponsor  shall  not  be  obligated to use the  Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor  shall  not  incur  any  liability  whatsoever  to  the  extent  Sponsor chooses  to  refrain  from  any exploitation of its rights hereunder.  Each winner will indemnify Sponsor,  Released Parties and  any  licensee  of  Sponsor  against  all  claims,  damages,  liabilities,  and  expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. Prizes will be fulfilled 1-2 weeks after the end of the Contest Period.

Prizes: One (1) $250.00 gift card to LuLuLemon® and five (5) runner up wellness winners will receive a LTF T-shirt and five (5) packages of LTF tortillas.

For  All  Prizes:  Prizes  are  non-transferable  and  no  substitution  will  be  made  except  as  provided  herein  at  the  Sponsor’s  sole discretion. Winners are responsible for all taxes and fees associated with prize receipt and/or use.  Limit: One (1) Prize per person

Release: By  receipt  of  any  prize,  winners  agree  to  release  and  hold  harmless  the  Sponsor,  Administrator, Instagram, LLC,  and their respective  parent companies, subsidiaries, affiliates, suppliers, distributors,  advertising/promotion  agencies,  and  prize  suppliers,  and  each  of  their  respective  parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released  Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.

General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest  or  to  be  acting  in  violation  of  the  Official  Rules  of  this  or  any  other  promotion  or  in  an unsportsmanlike or disruptive manner and void all associated Submissions.  Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

Limitations of  Liability:  Released  Parties  are  not  responsible  for:  (1)  any  incorrect  or  inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized  human  intervention  in  any  part  of  the  Submission  process  or  the  Contest;  (4)  printing, typographical, technical, computer, network  or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto).  Released Parties are not responsible for misdirected or undeliverable Submissions  or  for  any  technical  problems,  malfunctions  of  computer  systems,  servers,  providers, hardware/software,  lost  or  unavailable  network  connections  or  failed,  incomplete,  garbled  or  delayed computer  transmission  or  any  combination  thereof.    Released Parties are  not  responsible  for  any unauthorized third party use of any Submission.

Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually,  without resort to any form of class action, and exclusively by the United States District Court for Sonoma County, CA (2)  any  and  all  claims,  judgments  and  awards  shall  be  limited  to  actual  out-of-pocket  costs incurred, including costs associated  with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.  All issues and questions concerning the construction, validity, interpretation  and enforceability  of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.

All rights reserved. This Contest is in no way sponsored, endorsed, or administered by Instagram, LLC. LuLuLemon® is not a sponsor or a participant of this Contest.