CONTEST OVERVIEW: 87 North Productions invites individuals to share their “best action moves” in a thirty (30) second video for a chance to win the opportunity to travel to Los Angeles, CA to attend a training session with Mike Chaturantabut (a.k.a. “Mike Chat”) founder of XMA (Xtreme Martial Arts) BEFORE ENGAGING IN ANY ACTIVITY, PLEASE CAREFULLY REVIEW THE WARNINGS BELOW.
By participating in the Contest in any capacity, you agree to be bound by and abide by these Official Rules (“Official Rules”) and the decisions of Sponsor and Administrator, which are final and binding in all respects and not subject to appeal.
1. Sponsor: 87 North Productions, Inc., 1601 Vine Street, 6th Floor, Los Angeles, CA 90028 (“Sponsor”).
2. Administrator: Probability LLC, 2 Woodstock Meadows Ln., P.O. Box 1484, Woodstock, NY 12498 (“Administrator”).
3. Eligibility: The #87NorthContest contest ("Contest") is open only to legal residents of the fifty (50) United States and the District of Columbia, who are at least 18 years of age (or the age of majority in the jurisdiction of their residence, whichever is older). Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six (6) months, performed services for Sponsor, Administrator, XMA HQ, LLC, Century LLC, any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest (including but not limited to the management and representation of Mike Chat), or supplying the prize (collectively, the “Promotion Entities”), and immediate family and household members of such individuals, are not eligible to participate or win the prize. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. " Household members" shall mean people who share the same residence at least three months a year, whether related or not. Potential winner may be required to provide proof of legal residency upon request prior to prize award. Void where prohibited.
Entrant may not have been convicted of a felony or a crime of moral turpitude . By participating, entrant understands and agrees that, if selected as the potential winner, entrant will be required to consent to a background check to verify eligibility; and, failure to sign such consents and authorizations and/or to furnish all required information will result in disqualification. In addition, Sponsor reserves the right in its sole discretion, to disqualify the potential winner (without liability of any kind) if the results of such background check reveal that such potential winner is not eligible to participate in the Contest or has been convicted of a felony or a crime of moral turpitude, as determined by Sponsor in its sole discretion.
4. Contest Entry: The Contest begins on or about 9:00:00 a.m. Pacific Time (“PT”) on July 18, 2022 and ends at 11:59:59 p.m. PT on August 15, 2022 (“ Promotion Period”). Administrator’s computer is the official clock for the Contest.
To enter during the Promotion Period, first create an original video showing yourself performing your “best action moves” (“ Video”). “Best action moves” is defined as the entrant’s performance of action moves (such as, lunges, kicks, punches) inspired by movie fighting scene(s) from motion picture(s), WITHOUT the use of knives, clubs or weapons of any kind. IN ALL CASES, ANY OPPONENT INCLUDED AS PART OF ENTRANT’S ACTION MOVES MUST WEAR A HELMET, GLOVES AND/OR OTHER APPROPRIATE PROTECTIVE EQUIPMENT. ** Videos must be no longer than thirty (30) seconds in length. If a Video exceeds thirty (30) seconds in total length, Sponsor reserves the right, in its sole discretion, to either disqualify the Video or to only watch and judge the first thirty (30) seconds of the Video.
ACTION MOVES ARE PHYSICALLY DEMANDING AND REQUIRES A HIGH LEVEL OF CONCENTRATION. BEFORE ATTEMPTING TO PERFORM ANY ACTION MOVES, YOU ARE STRONGLY ADVISED:
AS A PRE-CONDITION TO ENTRY, YOU UNDERSTAND AND AGREE THAT ENGAGING IN ANY ACTION MOVES ARE INHERENTLY DANGEROUS AND MAY RESULT IN DISFIGUREMENT, DISMEMBERMENT, OR EVEN DEATH. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ASSUME ALL RISKS OF INJURY AND DEATH IN ENGAGING IN ANY ACTION MOVES, WITH THE UNDERSTANDING THAT THE ACTION MOVES DEPICTED IN MOTION PICTURES WERE SCRIPTED, PERFORMED UNDER THE SUPERVISION OF INSTRUCTORS AND MEDICAL PROFESSIONALS UNDER CONTROLLED CONDITIONS.
BY SUBMITTING AN ENTRY, YOU FURTHER RELEASE, DISCHARGE AND HOLD HARMLESS SPONSOR (AND SPONSORS REPRESENTATIVES, AFFILIATED COMPANIES, BOARD OF DIRECTORS, AND EMPLOYEES), CENTURY LLC, MIKE CHAT AND XMA HQ, LLC, ADMINISTRATOR (AS WELL AS THE OTHER PROMOTION ENTITIES) FROM ANY AND ALL LIABILITY IN CONJUNCTION WITH YOUR PARTICIPATION IN THE CONTEST; SEE ALSO RULE 9 BELOW.
Post the Video to Instagram with the hashtag #87NorthContest in the caption (the “Contest Hashtag”) (collectively, a “ Post”). The Contest Hashtag is not case-sensitive but it must be included as part of your Post in order to be eligible. The Post must be made to your Instagram feed, and not an Instagram Story. To submit an entry, you must also follow Sponsor (@87NorthAction), Century Martial Arts (@Century.Martial.Arts), and XMA Action (@XMAAction) on Instagram, if you do not do so already, and tag Sponsor (@87NorthAction). Each eligible entry submitted during the Contest Period shall be referred to collectively as the “Entries” and individually as an “ Entry.”
If multiple persons appear in the Post, the entrant (i.e., you) must be clearly designated therein. Sponsor and Administrator reserve the right to disqualify Posts if they cannot readily determine the identity of the entrant.
Do NOT include any minors in your Post. If anyone other than you appears in the Post (including any opponent), you must obtain their prior consent. Sponsor/Administrator reserve the right to condition prize award upon potential winner furnishing adequate proof of such prior consent(s). In particular, you must make them aware that they will be included in the Post with the understanding that you will submit the Post as a Contest Entry and if the Contest Entry is determined to be the best overall (see below), you alone will be eligible to receive the prize.
You may include a comment as part of your Post, but this is not required nor will the inclusion of a comment in any way affect the judging of your Video. If you do add a comment, all uses of the term “Post” in these Official Rules (as used in conjunction with Entries) includes the accompanying comment as well. Any Post that violates the above WARNING restrictions and/or the Content Guidelines (as outlined in Rule 5 below), including but not limited to the inclusion of inappropriate content, will result in the disqualification of that Entry.
Your Post that includes (a) the Contest Hashtag (#87NorthContest) and (b) a Video depicting you performing your “best action moves” along with following the Sponsor, Century Martial Arts and XMA Action and tagging the Sponsor will constitute an entry (“Entry”) into this Contest.
BY POSTING A VIDEO TO INSTAGRAM WITH THE HASHTAG “#87NORTHCONTEST”, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND FULLY AGREE TO THESE OFFICIAL RULES. DO NOT SUBMIT A POST WITHOUT FIRST REVIEWING THESE OFFICIAL RULES.
Partial or incomplete/piecemeal submissions will NOT BE ACCEPTED (e.g., (i) posting a Video but not the Contest Hashtag in your Post; (ii) posting a Video with the Contest Hashtag in your Post but your Video is not relevant to the Contest.
Post must be created for the sole purpose of this Contest and must be posted by the entrant. Re-posts will not be accepted. Once posted by entrant, a Post cannot be edited, augmented or modified by entrant or anyone acting on entrant’s behalf. Only limited use of video-editing software is permitted; and, to the extent used, such software cannot in any way manipulate, exaggerate or otherwise alter the entrant’s performance of action moves; at all times, the entrant him/herself must actually perform the action moves. To be eligible for the Contest, Posts must be submitted in compliance with the format and other requirements set forth by Instagram.
Entry must be created for the sole purpose of this Contest (DO NOT COPY OTHERS’ WORKS, IN WHOLE OR IN PART. YOU MUST OTHERWISE COMPLY WITH THE CONTENT GUIDELINES BELOW AND OTHER TERMS HEREIN). Do NOT include personal information (e.g., your complete name [use only first name and last initial in referring to yourself or anyone else], e-mail address, or phone number) in the Entry itself. If the Entry contains personal information, it is your sole responsibility to remove all such personal information from the Post before uploading the Post from your Instagram account for the Contest.
You may only use one (1) Instagram account to participate in the Contest.
If you opt to download and/or access Instagram via your wireless mobile device, data rates may apply for each message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Contest. Mobile device service may not be available in all areas. Check your phone’s capabilities for specific instructions.
LIMIT ONE (1) ENTRY PER PERSON. Entries must be manually key-stroked by the entrant. Use of automated entry devices or programs, or entries by third parties by any method of entry, are prohibited. Entries that do not conform to or that violate these Official Rules or are submitted in any manner other than stated in these Official Rules will be disqualified. Sponsor and Administrator will not be responsible for late, lost, incomplete, or misdirected entries or for technological, network, programming, or electronic error/failure/malfunction of any kind (including the operation of the functionality of Instagram that prevents Sponsor and/or Administrator from accessing and properly viewing posted entries). Proof of submitting an Entry does not constitute proof of receipt or entry into the Contest. While receipt of Entry may be acknowledged (e.g., by @87NorthAction commenting on post via Instagram), this does not constitute any representation of eligibility for the Contest nor is it otherwise binding upon Sponsor or Administrator. All Entries must be submitted via a “post” on Instagram in their entirety prior to the conclusion of the Promotion Period. By entering this Contest, entrants agree to these Official Rules and the decisions of the Administrator and Sponsor, which are binding and final in all matters relating to this Contest.
By submitting an Entry, entrant gives permission (and warrants and represents that the entrant has obtained all rights necessary to give such permission and grant the license herein described, including from the third-party videographer and/or persons depicted/referenced in the Post, including any opponent, as applicable) to Sponsor and its designees. Entrant hereby grants Sponsor and its designees a royalty-free, irrevocable, perpetual, worldwide, sub-licensable, non-exclusive license (“ License”) to use entrant’s photo, name, likeness, and all other information about the entrant contained in the Post, as well as the right to use the photo, name, likeness, and all other information about any other persons depicted/referenced in the Post (as applicable), on any media and through any means now known or hereafter devised, including without limitation, the World Wide Web, and to otherwise use entrant’s photo/image, name, likeness, and all other information about entrant or other persons in the Post, and make derivative works therefrom, and use entrant’s Post without compensation in accordance with the requirements of this Contest and the advertising, promotion, and publicity of the Contest, Sponsor’s services, and otherwise, as stated in these Official Rules (as solely determined by Sponsor ). If selected as the potential Grand Prize Winner (as defined in Rule 6 below), you agree to confirm this License in writing upon Sponsor’s request and to timely complete, sign, and deliver any and all necessary documents, including without limitation, documents setting forth any licenses, releases, and indemnities that Sponsor in its sole discretion may require, without condition or compensation of any kind as well as, upon request of Sponsor and its designees and without compensation, to use commercially reasonable efforts to assist Sponsor and its designees in securing a similar License from other persons depicted/referenced in the Post (if applicable). If you fail to provide any of this documentation to Sponsor within the prescribed timeframe, in each instance as required by Sponsor in its sole discretion, this will result in the disqualification of your Entry and the selection of another entry as a potential Grand Prize Winner.
5. Content Guidelines: In addition to complying with all other requirements of these Official Rules (including the WARNING restrictions above); each entry/Video must comply with the following guidelines (“Content Guidelines ”). Any Video that Sponsor/Administrator, in their sole discretion, determines is in violation of any Content Guideline may be disqualified from the Contest. Each Video:
In addition to the foregoing, the Video file cannot:
FOR ALL VIDEOS, THE VIDEOS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOROR ADMINISTRATOR IN ANY MANNER. SPONSOR, AND ADMINISTRATOR HAVE NOT MODERATED, REVIEWED OR FILTERED VIDEOS PRIOR TO ENTRANTS’ POSTING SAME AND EACH EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SUCH POSTED VIDEOS.
6. JUDGING (WINNER DETERMINATION) : Eligible Entries will be initially judged on a rolling basis by a panel of judges from the Administrator (“Administrator Judges”). For this first stage of judging, the Administrator Judges will review each of the Entries (i.e., each Video) and select up to twenty-five (25) finalists. The scoring by the Administrator Judges will be based on criteria below, each judged on a scale of 1-10 (10 being the highest) as follows:
When the total scores are tabulated by the Administrator Judges, the top Entries will advance to the next phase of judging. Administrator Judges reserve the right to advance fewer than twenty-five (25) finalists’ Entries to the next stage if, in their sole discretion, they do not receive a sufficient number of eligible Entries of sufficient quality. The up to top twenty-five (25) finalists’ Entries will then be judged by another judging panel from Sponsor, who will select the Grand Prize Winner based on the judging criteria listed above. For the avoidance of doubt, the ranking of finalists by the Administrator Judges will not be taken into account by the second judging panel from Sponsor (“ Sponsor Judges”) in its evaluation of the approximately top fifty (50) finalists’ Entries. The Entrant with the highest final score from the Sponsor Judges’ panel will be deemed the potential Grand Prize Winner. In the event of a tie in either round of judging, the tie will be broken in favor of the Entrant with the higher/highest score in the “Extent to which the Entrant’s Video demonstrates their action move skills” criterion among the tied Entrants; and, if the tie occurs in the second round of judging by Sponsor Judges, such Entrant will be deemed the potential Grand Prize Winner.
For the avoidance of doubt, if an Entry is selected as one of the finalists but NOT as the Grand Prize Winner, the Entrant will NOT receive any prize or will notified of their selection as a finalist.
7. WINNER NOTIFICATION & VERIFICATION : On or about September 6, 2022, potential Grand Prize Winner will be notified by direct or private message by Sponsor (@87NorthAction) on Instagram (“Notification”). IT IS THE SOLE RESPONSIBILITY OF ENTRANT TO CONFIRM THAT HIS/HER PRIVACY SETTINGS FOR INSTAGRAM, ALLOW FOR SPONSOR (@87NORTHACTION) TO NOTIFY HIM/HER VIA DIRECT MESSAGE IF ENTRANT IS SELECTED AS THE POTENTIAL WINNER. Sponsor and Administrator disclaim any liability due to direct message not being timely received (or received at all) by potential winner regardless of cause. The Notification will request that the potential Grand Prize Winner e-mail the Administrator at the specified e-mail address with specific personal information ( e.g., full name, phone number and Instagram username). Failure to respond to the initial verification notice within seventy-two (72) hours after notification or return of direct message as undeliverable after two (2) attempts will result in disqualification and an alternate winner may be selected as per Rule 6 above.
Once potential Grand Prize Winner’s eligibility has been preliminarily confirmed via telephone, potential Winner will be required to sign and return, within three (3) business days of notification, an Affidavit of Eligibility, Release and Indemnification, a Publicity Release where allowed by law, the necessary paperwork for a background check, as well as any release(s) from person(s) who appear in or were involved in the creation of the Video, a W-9, as well as other documents that Sponsor may require (collectively, “Contest Documents”). The Affidavit will also include a Grant of Rights from potential Winner to Sponsor, as detailed above. If the Affidavit of Eligibility, Release and Indemnification, and Publicity Release, or any other portions of the Contest Documents are not returned to Sponsor within the specified time period, the potential Winner may be disqualified. If the potential Grand Prize Winner is disqualified for any reason, there will be no prize of any kind awarded to him/her and an alternate Grand Prize Winner will be selected, i.e., the Entrant with the next highest score from the Sponsor Judges judging round. The process will continue until such time that a Grand Prize Winner has been verified.
Any individuals other than entrant appearing in Post may also be required to complete a Liability Release and Publicity Release (“ Participant Release”) within the same timeframe.
At the sole discretion of the Sponsor, disqualification and the selection of an alternate Grand Prize Winner may result from any of the following, without limitation: [a] potential Grand Prize Winner’s failure to respond to Notification within seventy-two (72) hours after its transmission; [b] the return of a Notification as undeliverable after two (2) attempts; [c] potential Grand Prize Winner’s failure to execute and return the Affidavit and Participant Release(s) (if and as applicable) within three (3) business days of date of transmission; [d] potential Grand Prize Winner’s failure to provide Sponsor with satisfactory proof of eligibility; and [e] any other non-compliance with these Rules. In the event of a disqualification, an alternate Grand Prize Winner may be chosen as per above, in Sponsor’s sole discretion.
In the event of a dispute as to the identity of the Grand Prize Winner based on the e-mail address, the associated Entry will be declared made by the authorized account holder of the e-mail address associated with the Instagram account used to enter the Contest. For purposes of these Rules, “ Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address by an internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
8. Prize and Approximate Retail Value (“ARV”):
Grand Prize (one (1) Grand Prize Winner): Grand Prize Winner will receive a 3-day/2-night trip for the winner and a guest (18 or the age of majority in the jurisdiction of their residence) to Los Angeles, CA to participate in two (2) training sessions (each lasting up to three  hours) with Mike Chat founder of XMA at Sponsor’s studio (“ Training Sessions”). The Grand Prize includes: round-trip, coach-class air transportation for the winner and one (1) guest to Los Angeles, CA from an airport near winner’s residence; 3-day/2-night hotel accommodations (one room, double occupancy) in a hotel of Sponsor’s choice in Los Angeles, CA; round trip transportation to and from Los Angeles airport and hotel and the hotel and the Training Sessions; and two (2) VIP passes to Universal Studios (subject to terms and conditions indicated thereon). ARV of each Grand Prize: $10,000.00.
Grand Prize Trip is subject to availability, blackout dates and other restrictions and must be taken by September 30, 2023 . Grand Prize Winner must provide Sponsor with three (3) possible travel dates with at least six (6) weeks’ advance notice prior to the earliest potential date of departure; Sponsor will choose the actual travel dates and such decision is final and binding. (Winner may not receive his/her first choice of travel date.) Once travel is booked, travel dates cannot be changed unless by Sponsor in its sole discretion. If winner is unable to travel once the travel dates are booked, the prize will be forfeited in its entirety and Sponsor will have no further obligations to the Grand Prize winner. In the event the Grand Prize winner is able to participate in the trip as scheduled but either Training Session does not or cannot take place as scheduled or at all, for reasons including but not limited to scheduling conflicts, cancellations, postponement, location changes, an event of force majeure, or for any other reason, then the Sponsor reserves the right to award the remainder of the prize (including any remaining Training Session[s] or parts thereof, as applicable) with no further obligation to the Grand Prize winner. Training Sessions are subject to, and Sponsor is not responsible for, changes to schedule, postponements or cancellation of Mike Chat. Without limiting the foregoing, no cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute prize(s) or portions thereof of equal or greater value if a prize listed or any portion thereof is unavailable for any reason.
Training Sessions have no cash value and are subject to Mike Chat’s availability and professional commitments. Training Sessions will take place at times during trip to be determined by Sponsor in its sole discretion.A Sponsor representative (and perhaps other individuals) will be present at all times during Training Sessions. Mike Chat will NOT autograph any items. Grand Prize Winner and guest must follow all instructions of Sponsor and Mike Chat relative to Training Sessions and, should winner and/or guest fail to adhere to such instructions or engage in unruly, obnoxious, anti-social or otherwise inappropriate behavior (as determined by Sponsor, Mike Chat and/or Administrator, in their sole discretion), Sponsor will, without further notice or warning, eject winner and/or guest from Training Session, withhold remaining Training Session (if applicable) and/or take other actions as Sponsor deems appropriate in its sole discretion so as to protect its rights, without liability or other obligation to winner and/or guest. If either Training Session is offered for shorter than the indicated time period, for any reason other than inappropriate behavior by winner and/or guest, Sponsor’s liability shall be limited to awarding the remaining elements of the prize to winner.
Actual final value of the Grand Prize may vary depending upon point of departure and fare fluctuations; and, under no circumstances will winner receive the difference between ARV and actual final value of Grand Prize trip in cash. If Grand Prize winner lives within 150 miles of the Los Angeles area (as determined by Sponsor in its sole discretion), entrant will receive, in lieu of air transportation, round-trip local transportation between winner’s residence and hotel. Accommodations are for two (2) adults sharing one (1) room. Grand Prize trip is for the winner and his/her guest, is non-transferable and cannot be extended beyond the date set forth above. Grand Prize Winner is solely responsible for all other expenses not specified herein, including but not limited to: roundtrip transportation between winner’s residence and departure airport, as well as meals, tips, taxes and hotel incidentals.
Grand Prize Winner’s travel companion must complete a liability/publicity release, prior to issuance of travel documents. If Winner chooses to travel alone, Grand Prize will be awarded in increments appropriate for one traveler and no substitute prize or other compensation will be awarded. Grand Prize Winner and his or her guest must travel together on the same itinerary and possess all required travel documents, including valid photo ID, if and as applicable. Air transportation tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All air transportation tickets are subject to the vagaries of flight variation, work stoppages and schedule or route changes.
Grand Prize Winner and his/her guest must follow all instructions of Sponsor relative to the Grand Prize trip. Failure to do so may result in forfeiture of the prize. Should Grand Prize Winner and/or guest fail to adhere to any such instructions or engage in unruly, obnoxious, illegal, threatening, otherwise inappropriate behavior or fails to follow guidelines/laws designed to prevent the spread of COVID-19 (as determined by Sponsor in its sole discretion), Sponsor reserves the right, without further notice or warning, to terminate the trip or other applicable experience early, in whole or in part, and send Grand Prize Winner and/or winner’s travel guest home and/or take other actions as Sponsor deems appropriate in its sole discretion without any liability or other obligation to winner or guest.
Grand Prize Winner is not entitled to exchange, substitute or transfer prize except with Sponsor’s permission. All federal, state and local taxes, are the sole responsibility of the Grand Prize Winner, who will receive an IRS Form 1099 reflecting the value of his/her prize. Grand Prize Winner agrees to fully cooperate with Sponsor/Administrator as to the issuance of the IRS Form 1099, including by completing and returning an IRS Form W9 with his/her Social Security Number.
9. Conditions and Limitations of Liability: By participating, each entrant agrees: (a) to be bound by these Official Rules and the decisions of Sponsor and Administrator, which shall be final and binding in all respects; and (b) to release, discharge and hold harmless each of the Promotion Entities, Meta Platforms, Inc., each of their respective advertising and promotion agencies, any entity responsible for the administration of this Contest, each of the foregoing entities’ respective parent, subsidiary, related, affiliated and successor companies, and each of their respective officers, directors, agents, representatives and employees (collectively, the “Released Parties”) from any and all actions, claims, injury, loss or damage, including, without limitation, death and bodily injury, arising in any manner, directly or indirectly, in whole or in part, from participation in this Contest or any Contest-related activity (including without limitation, any travel related thereto), and/or from entrant’s acceptance, receipt, use or misuse of the Grand Prize (including without limitation, any failure to pay taxes thereon).
By accepting the prize, prize winner grants Sponsor and its designees permission to use his/her name, voice, likeness, photograph, Grand Prize information, biographical data and city and state of residence on a winner’s list (if applicable) and for programming, publicity and promotional purposes, worldwide in all forms of media now known or hereafter developed, in perpetuity, without further compensation unless prohibited by law. Sponsor and its designees are not obligated to use any of the above-mentioned information or materials but may do so and may edit such information or materials, at Sponsor’s discretion, without further obligation or compensation. Contest subject to the laws of the United States only. All federal, state and local laws and regulations apply. All Entries become the property of Sponsor and will not be acknowledged.
Sponsor and its agencies are not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind affecting the Contest in any manner, including but not limited to electronic malfunction or damage of any network, hardware or software. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized human intervention, fraud or technical failures, Acts of God, acts or regulations of any governmental or supra-national authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, epidemic/pandemic, acts of terrorism, or other matters beyond the Sponsor and Administrator’s reasonable control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest (including entries or otherwise), Sponsor reserves the right, in its sole discretion, to disqualify any individual, whether or not the individual is a participant in the Contest, who tampers with the entry process, and to terminate, modify or suspend the Contest. In such event, Sponsor reserves the right to conduct the Contest and award the Prize from among all eligible entries received prior to and/or after (as applicable) the action taken by Sponsor or otherwise, in a manner which is fair, appropriate and consistent with these Official Rules, as determined by Sponsor in its sole discretion. Notice of termination/modification/suspension of Contest will be posted on the Sponsor’s Instagram account and https://www.87eleven.net. The Released Parties are not responsible for typographical or other errors in the offer or administration of this Contest, including but not limited to: human errors, errors in the advertising, Rules, selection and announcement of the Winner and distribution of the Prize. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or loss, destruction or unauthorized access to, or alteration of, entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or electronic entry or participation to be received on account of technical problems or traffic congestion on the Internet or at any website/platform, or any combination thereof, including any injury or damage to any person’s computer or mobile device related to or resulting from participation in or downloading any materials from this Contest. Failure of Sponsor or Administrator to enforce any provision of these Official Rules shall not constitute the waiver of such provision.
Persons entering the Contest further agree not to knowingly damage or cause interruption of the Contest and/or prevent others from participating in the Contest. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE, WEBSITE OR PLATFORM OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PERSON, WHETHER OR NOT THE INDIVIDUAL IS A PARTICIPANT IN THE CONTEST, MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
10. Disputes; Arbitration/Choice Of Law: Except where prohibited, entrants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or the awarding of the prize/determination of prize winner, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of JAMS, then effective (notwithstanding the foregoing, entrant shall not be precluded from seeking relief in small claims court for disputes/claims within the scope of the jurisdiction of small claims court and any remedies available to entrant under applicable federal, state or local law remain available to entrant and are not waived pursuant to this section); (b) 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 (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim 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 and any and all rights to injunctive relief. The arbitrator hearing such dispute/claim/cause of action shall be neutral and the entrant will have a reasonable opportunity to participate in the selection of the arbitrator. Such arbitration will take place at a location near the entrant’s residence and the entrant has the right to an in-person hearing in the arbitration proceeding, if desired. The arbitration will allow for the discovery and/or exchange of non-privileged information between entrant and Sponsor. Should an entrant initiate arbitration pursuant to this section, the entrant shall be responsible for JAMS’s fees to do so (approximately, $250), with all other costs of such arbitration being borne solely by Sponsor. If entrant is a California resident and Sponsor is the prevailing party in such arbitration, such entrant will not be responsible for Sponsor’s costs and fees in conjunction with the arbitration proceeding; BUT, IN ALL OTHER CASES, ENTRANT WILL BE RESPONSIBLE FOR SUCH COSTS/FEES IF REQUIRED BY THE ARBITRATOR’S RULING. For the avoidance of doubt, the requirement to arbitrate disputes pursuant to this section is reciprocal and binding both upon entrants and Sponsor. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and/or Released Parties in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard for conflicts of law doctrine of New York or any other jurisdiction and all proceedings shall take place in the City of New York, County of New York.
11. Winner’s List: For the name of the Grand Prize Winner, mail a self-addressed, stamped envelope to: "#87NorthContest Winner" c/o Probability, PO Box 1559, Social Circle, GA 30025-1559. All such requests must be received by August 30, 2022.
This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram. You understand that you are providing your information to Sponsor and not to Instagram.