SOM - Skidmore, Owings & Merrill LLP

11/30/2021 | News release | Distributed by Public on 11/30/2021 10:30

#HungerTakeASeat Contest – Feeding America

In the United States today, 1 in 8 people face hunger. This #GivingTuesday and throughout the holiday season, we're raising money for Feeding America by raffling 20 SOM-designed stools. Feeding America is leading the fight to end hunger across the US. Originally designed as a part of our work with the San Francisco-Marin Food Bank, the stools are multipurpose-sit, store, and carry-and are designed with an economy of material to have minimal waste.

Official Rules

1) THE CONTEST SPONSOR The "SOM Feeding America Fundraiser" (the "Contest") is sponsored by Skidmore, Owings & Merrill LLP, 7 World Trade Center, 250 Greenwich Street, New York, New York 10007 ("Sponsor").

2) THE CONTEST DATES & TIMES: The Contest begins at 9:00 a.m. Eastern Standard Time ("EST") on November 30, 2021 and ends at 11:59 p.m. EST on December 14, 2021 (the "Contest Period").

3) WHO MAY ENTER The Contest is open to all individuals who have reached the age of majority in their jurisdiction of residence at the time of entry. The Contest is void where restricted or prohibited by law. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects.

4) HOW TO ENTER To enter the Contest, you should have an Instagram® account. There is no cost to register for an Instagram account. Submissions are subject to the usage rights as outlined below.

5) THE CONTEST As a fundraiser for Feeding America on Giving Tuesday, SOM has donated a limited number of SOM-designed stools, which will be available through two means: Auction and Raffle. In the Auction, each entrant with a donation of at least $250 to Feeding America will receive one stool, shipping included. Up to ten stools will be available through the Auction. Under the Raffle, each donation of $10 to Feeding America will earn one raffle entry. Entries are unlimited.At the end of the Contest period, Raffle winners will be randomly drawn from the pool of Raffle entrants. Winners will be provided an SOM-designed stool, shipping included.

6) PRIZES Ten (10)Stools available through Auction, with an additional ten (10) stools available in the Raffle.

7) USAGE RIGHTS IN SUBMISSIONS By entering the Contest, you acknowledge and agree that you will comply with these Official Rules.

8) REPRESENTATIONS & WARRANTIES/INDEMNIFICATION Each entrant hereby agrees to indemnify and hold the Sponsor harmless from and against any and all third-party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder, or entrant's negligent actions related to the Contest.

9) NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Sponsor is not a confidential, fiduciary, or other special relationship, and that the entrant's decision to enter the Contest does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements of the entrant's Submission.

10) IMPORTANT, PLEASE READ - GENERAL RELEASE & LIMITATIONS ON LIABILITY By entering the Contest, entrants agree that:

(1) Any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action;

(2) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event will attorneys' fees be awarded or recoverable;

(3) Under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased.

Each entrant acknowledges and agrees that the Sponsor, and Instagram, Inc., are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, lost, late, misdirected or illegible entries or for failure to receive entries due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with Sponsor, or otherwise, that may limit an entrant's ability to participate in the Contest; or (ii) any injury or damage resulting from participation in the Contest and/or the use of any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the entrant's rights of publicity or privacy, or the entrant's claim that he or she has somehow been defamed or portrayed in a false light). Sponsor assumes no responsibility for any damage to an entrant's computer system which is occasioned by accessing the websites of the Sponsor, and their designees or participating in the Contest, or for any computer system, phone line, mobile phone, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.

11) GOVERNING LAW All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants or sponsor in connection with the Contest or in connection with any design submission or other material submitted in connection with the Contest, shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state's laws. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

12) ARBITRATION PROVISION By participating in this Contest, each entrant agrees that any and all disputes the entrant may have with, or claims you may have against, the Sponsor relating to, arising out of or connected in any way with (i) the Contest, and/or (ii) the awarding or redemption of any prize, and/or (iii) the exploitation or use of any Submission or other material submitted in connection with the Contest, will be resolved individually and exclusively by final and binding arbitration. The arbitration will be conducted in accordance with JAMS Arbitration Rules in New York, New York. The arbitrator shall not have the power to impose punitive damages. Each party hereby waives any and all rights and benefits, which it might otherwise have or be entitled to under federal law or the laws of the State of New Yorkor any state to litigate any such dispute in court, it being the intention of the parties to arbitrate all such disputes. The arbitrator's decision shall be controlled by the terms and conditions of these Official Rules, and any other agreements the applicable entrant may have entered into with Sponsor in connection with the Contest, and shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys' fees. EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A JURY. Judgment upon the award of the arbitrator may be entered or enforced in any court of competent jurisdiction. If you do not agree to these requirements (or any other provision herein), do not participate in the Contest. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.

13) MISCELLANEOUS This Contest is in no way sponsored, endorsed or administered by, or otherwise associated with, Instagram, Inc.