NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
The KODAK CONSUMER EMAIL SUBSCRIPTION SWEEPSTAKES ("Sweepstakes") is subject to the following:
- Eligibility and Deadline: The Sweepstakes begins at 2:00 p.m. Eastern Time ("ET") on June 5, 2023 and ends at 11:59 p.m. ET on June 19, 2023 ("Sweepstakes Period"). Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least the age of majority, as defined in their jurisdiction of residence unless otherwise prohibited by law in the jurisdiction where Entrant resides. Entrants must also have a valid email address. The Sweepstakes is not open to the following persons: employees, directors, agents, independent contractors or representatives of Eastman Kodak Company ("Sponsor"), the subsidiaries and affiliates of the Sponsor; employees, agents or representatives of vendors providing prizes or other materials or services in connection with this Sweepstakes (collectively, the "Excluded Individuals"); immediate family members (parent, child, sibling and spouses of each) of the Excluded Individuals; and any other persons residing in the same household as any Excluded Individual. All applicable federal, state and local laws apply. By participating, an individual agrees to be bound by these Official Rules ("Rules").
- Entry: Each individual participating in the Sweepstakes ("Entrant") is limited to one (1) Entry during the Sweepstakes Period. Entrants visit the Sweepstakes website at https://www2.kodak.com/2023-US-Sweepstake1-W and provide all information requested.
Any attempt to enter more than the permitted number of times with multiple identities, accounts, email addresses, or by any other means, may result in disqualification. Use of any macro, bot, script or other automated means to submit entries is prohibited. Proof of transmission is not proof of receipt. Sponsor's computer is the official timekeeping device for the Sweepstakes. Each entry will be deemed submitted by the authorized account holder. The "authorized account holder" is defined as the natural person who was 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. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved, Sponsor, in its sole discretion, may deem the entry ineligible. - Prizes/Odds: One (1) Qualified Winner will receive the following:
- one (1) KODAK Carrier luggage with an approximate retail value ("ARV") of $182; and
- one (1) KODAK PRINTOMATIC Instant Print Camera with an ARV of $50.
Prizes are awarded "as is" with no warranty or guaranty, either express or implied by Sponsor. Qualified Winner is responsible for any and all federal, state and local taxes and all other expenses or costs relating to the prize not expressly set forth above. Prizes are non-transferable and no substitution by a Qualified Winner or cash equivalent is allowed. Sponsor reserves the right to substitute prize or any component thereof for something of equal or greater value in the event the advertised prize becomes unavailable. Prizes will be shipped to the Qualified Winner at the Qualified Winner's legal address located within the fifty (50) United States or District of Columbia. - Selection of Potential Winner: One (1) potential winner ("Potential Winner") will be randomly selected from all eligible entries received during the Sweepstakes Period ("Eligible Entries") on or about June 20, 2023. Potential Winner will be notified via email using the email account supplied at time of entry. The notification will include a copy of a Release and Eligibility Agreement ("Claim Form"), and other information required to claim a prize. The completed Claim Form must be received by the Sponsor within ten (10) business days of notification by Sponsor ("Submission Deadline"). Notification shall be deemed to occur when the email notification is sent from Sponsor's computer to a Potential Winner's email address provided during the entry process or when the overnight letter is delivered to the overnight carrier. All completed Claim Forms become the property of the Sponsor. All Claim Forms will be verified by the Sponsor. To claim a prize, a Potential Winner must complete the Claim Form which includes representations of eligibility, compliance and releases of liability, and a publicity release. Among other things, the submission of the Claim Form confirms compliance with these rules, acceptance of the prize as awarded and release of certain parties from any losses, liabilities, damages or claims arising from or related to the prize awarded and the Sweepstakes itself. If a Potential Winner fails to submit the Claim Form with all information required by the Submission Deadline, the Sponsor reserves the right to disqualify a Potential Winner, and the Sponsor shall be fully and completely released and discharged from any liability or responsibility in this regard. If Sponsor fails to receive a sufficient number of entries to correspond to the number of prizes available to be awarded, Sponsor reserves the right to not award all prizes. Sponsor's decisions are final and binding in all matters relating to this Sweepstakes.
A POTENTIAL WINNER IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL A POTENTIAL WINNER'S ELIGIBILITY HAS BEEN VERIFIED AND THE POTENTIAL WINNER HAS BEEN NOTIFIED VERIFICATION IS COMPLETE ("Qualified Winner"). If a Potential Winner cannot prove they are a Qualified Winner, the prize will not be awarded. If a Potential Winner declines the prize, another Potential Winner may be selected from the eligible entries received. - Additional Rules: Sweepstakes is subject to all applicable federal, state and local laws. Void where prohibited or restricted by law. Entry materials/data that have been tampered with or altered are void. No responsibility is assumed for: (i) lost, late, misdirected, damaged, garbled, incomplete or illegible entries, all of which are void; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, mobile device, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems; or (iii) any injury or damage to Entrant's or any other person's mobile device related to or resulting from participating in the Sweepstakes.
By entering this Sweepstakes, Entrant agrees (i) to be bound by and abide by these Rules, including all eligibility requirements, (ii) to comply with the terms and conditions of use for Instagram at all times and in all respects, and (ii) to be bound by the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes and waive any and all right to claim ambiguity in the Sweepstakes or these Rules or that Entrant's publicity or similar rights were infringed upon. Failure to comply with these Rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these Rules.
Except where prohibited by law, Entrant's entry and/or acceptance of a Prize constitutes consent to the use of an Entrant's name, email address, image, voice, likeness, statements, biographical information, city and state of residence and/or photographs for promotional or advertising purposes in connection with this Sweepstakes on a worldwide, in perpetuity basis, and in all forms of media, now or hereafter known, in perpetuity, without review, permission, or further compensation or consideration.
Sponsor may prohibit an Entrant from participating in the Sweepstakes or winning the prize if, at its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, deception or unfair playing practices or intending to annoy, abuse, threaten or harass any other Entrants or Sponsor representatives. Any person attempting to defraud or in any way tamper with the Sweepstakes will be ineligible to participate in the Sweepstakes and may be prosecuted to the full extent of the law.
Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes, and, in Sponsor's sole discretion, select Potential Winners from entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Released Parties (defined below) are not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes, and assumes no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, technical failure, theft or destruction, or unauthorized use of any technology used in connection with this Sweepstakes.
All questions and disputes regarding the Sweepstakes, including, without limitation, all questions or disputes regarding an individual's eligibility for the Sweepstakes or compliance with these Rules will be resolved by the Sponsor in its sole discretion. Entries that are mechanically reproduced, copied, illegible, incomplete, or inaccurate and entries by means which subvert the entry process are void. Incomplete entries or entries not complying with these rules are subject to disqualification, at the Sponsor's sole discretion. No correspondence will be entered into except with a Potential Winner.
Entrants may be disqualified if Sponsor learns that the entrant disparages the Sponsor during or after the Sweepstakes Period. Entrants should be aware that Sponsor retains the right to take legal action against entrants who commit libel or slander against Sponsor during or after the Sweepstakes Period.
These Rules constitute a complete and binding agreement between the Sponsor and an Entrant. To the extent that any provision of these Rules are deemed invalid, the remainder of the Rules shall remain in force. - Release of Liability: By participating, Entrant releases Instagram and Sponsor and each of their parent companies, subsidiaries, affiliates and partners; each of the foregoing respective employees, directors, agents, and advertising agencies; and all others associated with the development and execution of this Sweepstakes ("Released Parties") from any and against any and all claims, liability, loss, attorneys' fees and costs of litigation and settlement, or damage whatsoever arising with respect to the Sweepstakes or the awarding, receipt, possession or use or misuse of any Sweepstakes prize.
ENTRANTS ACKNOWLEDGE THAT THE RELEASED PARTIES HAVE NOT MADE NOR ARE RESPONSIBLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO OR IN CONNECTION WITH THE SWEEPSTAKES, ANY SWEEPSTAKES MATERIALS, GUIDANCE OR COMPONENTS THERETO, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Prizes awarded may carry their own terms and conditions and product warranty, for which the Released Parties have no responsibility of liability. Released Parties will have no liability whatsoever for failure to supply a prize or any part thereof, by reason of any acts of God, any severe weather, hurricane, flood, fire, war, transportation interruption of any kind, or any other cause beyond their control. By participating, Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, or any prizes awarded, shall be resolved individually without resort to any form of class action; (b) to the extent permitted by applicable law, any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorney's fees; and (c) unless specifically prohibited by law, under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.
- Jury Trial Waiver: EXCEPT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THIS SWEEPSTAKES, ENTRANT HEREBY WAIVES ANY RIGHT ENTRANT MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS SWEEPSTAKES, ANY DOCUMENT OR AGREEMENT ENTERED INTO CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.
- Applicable Laws And Jurisdiction. The Sweepstakes conducted pursuant to these Official Rules is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of New York, without regard to any principles of conflict of laws. Should there be a conflict between the laws of the State of New York and any other laws, the conflict will be resolved in favor of the laws of the State of New York. Any dispute, claim or controversy arising out of or relating to the Sweepstakes will be resolved individually, and without resort to class action, exclusively by binding arbitration in Rochester, New York, before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The arbitrator shall be an expert in the field of marketing and promotions. All parties shall bear their own expenses, except that parties shall equally share the expenses of the arbitrator (except for the required non-refundable filing fees which shall be paid solely by the party asserting the related claim). Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If any one or more provisions of these rules are held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect the validity, effect or enforcement of any other provision or provisions of these rules.
- Data Collection/Privacy: BY CHOOSING TO ENTER THIS SWEEPSTAKES, EACH ENTRANT ACKNOWLEDGES AND AGREES THAT (i) THE ENTRANT’S PERSONAL INFORMATION WILL BE HANDLED IN ACCORDANCE WITH THE SPONSOR'S PRIVACY POLICY AVAILABLE HERE AND (ii) IF THEY ARE CHOSEN AS A POTENTIAL WINNER, CERTAIN IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES ON A WINNERS' LIST AS REQUIRED OR PERMITTED BY LAW.
- Winner List: For the Winners' names, available approximately two (2) weeks after the Sweepstakes Period, send an email to sweepstakes@kodak.com. Requests should be received by August 19, 2023. Please specify KODAK Consumer Email Subscription Sweepstakes in your communication.
- Sponsor: Sweepstakes is sponsored by Eastman Kodak Company, with a principal place of business at 343 State Street, Rochester, New York 14650, and is in no way sponsored, endorsed or administered by, or associated with Instagram.