Giveaway Rules and Regulations 2/20/2019 in Uncategorized


  1. Sponsor: Idaho Department of Commerce, 700 West State Street, Boise, Idaho 83720. Administrators: Red Sky, Inc., 1109 West Main Street #400, Boise, Idaho 83702.
  2. Eligibility: Tested in Idaho Giveaway (the “Sweepstakes”) is open to any person who is all of the following: (a) a legal resident of the State of Idaho; and (b) eighteen (18) years of age or older at the time of entry. Employees of Red Sky, Inc., Idaho Department of Commerce, and their parent and affiliate organizations as well as their immediate family (spouse, parents, siblings and children) and other household members of each such employee are not eligible. The Sweepstakes is subject to applicable federal, state, and local laws and regulations and is void where prohibited by law. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. An affidavit of eligibility, release of liability, and/or prize acceptance agreement may be required.
  3. Timing: The Sweepstakes begins on August 15, 2019 at 10:00 a.m. Mountain Standard Time (“MST”) and ends on August 18, 2019 at 11:59 p.m. MST (the “Promotion Period”). Administrator’s computer is the official time-keeping device for the Sweepstakes.
  4. How to Enter: There is one (1) method of entry for this contest:

Instagram, LLC (“Instagram”) Entry: During the Promotion Period, Sweepstakes participants may enter via Instagram by visiting and doing the following:

  1. Follow the @testedinidaho Instagram account and like the giveaway post.
    ii. Locate the @testedinidaho post announcing the Tested in Idaho and Prize Pack Giveaway and post a comment tagging three (3) friends; and adding the designated hashtag, #TestedInIdahoGiveaway” in the same comment.
    Sponsor/Administrator may not receive entries that fail to strictly follow the posting instructions set forth in these Official Rules, and neither Sponsor nor Administrator is responsible for failure to see or receive an entry. Sponsor, at its sole discretion, may accept a technically incorrect unique term. Note: Due to the way Instagram operates its service Sponsor may not receive entries from Instagram users with “private” account settings (i.e., user has set their Instagram account so that only people the user has approved can view their photos). Posts not received by Sponsor will not be entered into the Sweepstakes. The entrant’s submission must comply with the requirements set forth in these Official Rules, including, without limitation, the Content Guidelines set forth below.

Upon entering, you automatically will receive one (1) entry into the Sweepstakes. Limit: Multiple entrants are not permitted to share the same Instagram account. Any attempt by any entrant to obtain more than one (1) entry by using multiple/different Instagram accounts, identities, registrations, and logins, or any other methods will void that entrant’s entries and that entrant will 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 registration, the authorized account holder of the Instagram account used to register the account will be deemed to be the entrant. The “authorized account holder” is the natural person who registered the Instagram account. Each potential winner may be required to show proof of being an authorized account holder.

  • Drawings: Administrator is an independent organization whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. From all eligible entries received, administrator will randomly select one (1) winner on or around July 10th, 2019. The winner will be notified via Instagram. It is each entrant’s responsibility to set his or her account settings to accept contacts by Sponsor and to timely check his or her account for any messages. Sponsor, Administrator, and all Sweepstakes entities are not responsible for failure of an entrant to contact Sponsor after being notified that he or she is a potential winner. If a winner cannot be contacted or fails to provide any other requested information within twenty-four (24) hours, the winner forfeits his/her winner status. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.
  • Prizes: One (1) prize pack will be awarded. The prize pack consists
    • 1. One gift certificate for a pair of custom-made Tiffany Gloves
  • The prize will be awarded no later than August 28th, 2019, subject to change. Approximate Retail Value (“ARV”) of prize, subject to change: $50.00. The prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason. The prize is limited solely to the item(s) explicitly set forth herein and shall not include any and all other expenses, incidentals, taxes, or other costs that may arise out of the winner’s acceptance and use of any prize. The winner is responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning the prize depend on the number of eligible entries received during the Promotion Period. Limit: One (1) prize per person. Additional terms and conditions may apply.
  • Submission Content Guidelines: Submissions that do not meet the following “Content Guidelines” are subject to disqualification, at Sponsor’s sole and absolute discretion.

In addition to the entry requirements in Section 4 of these Official Rules, entrants agree not to submit material that is copyrighted, trademarked, protected by trade secret or confidentiality, or otherwise subject to third-party proprietary rights, including privacy, personality, and publicity rights, unless entrant is the owner of such rights or has permission from the rightful owner to post the material and to grant Sponsor all of the license rights granted herein.

Submissions must not include material that is: a) sexually explicit, indecent, obscene, violent, hateful, tortuous, or defamatory; b) derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on protected class information; c) a violation of privacy or publicity rights; d) unlawful; e) harmful to other users of the Sweepstakes app, such as viruses, Trojan horses, or other technologies that could adversely impact the Sweepstakes; and/or f) disparaging to Sponsor or Administrator or is inconsistent with the positive images and/or goodwill to which Sponsor and Administrator wish to associate (at Sponsor’s sole and absolute discretion).

  1. Intellectual Property: Entrants grant permission to Sponsor and their designees to use their name, social media site username, email address, photograph and likeness, for advertising, trade, and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. Entrants agree not to issue any publicity concerning Sponsor. All submissions are available to be viewed by anyone with access to the Internet.

These Official Rules, the Sponsor Site (, and all other giveaway-related materials are protected by Sponsor’s copyrights. Copying or unauthorized use of any copyrighted materials, trademarks, or any other intellectual property without the express written consent of the owner is strictly prohibited.

Instagram is a registered service mark and the Instagram, LLC logo is a registered trademark of Instagram, LLC.

  1. Advertising Disclosures: The Sweepstakes is subject to the Federal Trade Commission (“FTC”) Guides Concerning the Use of Endorsements and Testimonials in Advertising (the “Guides”). Pursuant to Section 5 of the FTC Act, Sponsor has provided disclosure in the Sweepstakes’ designated hashtag, “#TestedInIdahoGiveaway.” Entrants agree to: a) use the Sweepstakes’ designated hashtag, “#TestedInIdahoGiveaway,” which contains disclosure pursuant to the Guides; or otherwise b) disclose in social media posts that by entering the Sweepstakes, entrants may receive a significant prize in exchange for endorsing Sponsor’s products or services, or other affiliated third parties’ products or services, through social media. An example of such disclosure might be: “#entry,” “#contest,” or “#sweepstakes.” Sponsor will take reasonable steps to monitor entrants’ compliance with the obligation to disclose material connections when endorsing Sponsor’s products or services, or other affiliated third parties’ products or services, through social media.
  2. Release: By entering the Sweepstakes, entrants agree to release and hold harmless Sponsor, Administrator, Facebook, Instagram, and their respective 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 all claims or cause of action, and all expenses, including attorney’s fees, and including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize. Entrants agree that the Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with, Facebook or Instagram.
  3. Use of Data: Information collected from entrants is subject to Administrator’s Privacy Policy and Sponsor’s Privacy Policy Sponsor reserves the right to use any information related to the Sweepstakes, including information on entrants obtained through the registration for the Sweepstakes, in any manner permitted by Sponsor’s Privacy Policy or these Official Rules. These Official Rules will govern in the event of any conflict between these Official Rules and Sponsor’s Privacy Policy. Each entrant acknowledges and agrees that all entry data becomes the property of Sponsor and will not be returned. By entering the Sweepstakes, each entrant grants to Sponsor the right to use any of entrant’s information in any media now known or hereinafter known throughout the world, without additional compensation or notification, except to the extent prohibited by law. By accepting a prize, the winner acknowledges and agrees to the use by Sponsor, without additional compensation or notification, of his or her name, email address, physical address, likeness, photograph, voice, and biographical material in any media now known or hereafter devised through the world in perpetuity for Sponsor’s advertising, marketing, promotion, or other purpose, except to the extent prohibited by law.
  4. General Conditions: Sponsor reserves the right to cancel, suspend, and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages 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.
  5. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (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 entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (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 Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims. THE PRIZES ARE GIVEN AWAY BY SPONSOR “AS-IS.” SPONSOR DOES NOT MAKE ANY, AND EXPRESSLY DISCLAIMS ALL, WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SWEEPSTAKES OR ANY PRIZE, INCLUDING WITHOUT LIMITATION ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO RELEASED PARTIES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR PERFORMANCE OF, OR THE INABILITY TO USE, ANY OF THE SOCIAL MEDIA OR OTHER WEBSITES OR INFORMATION OR SERVICES OR FUNCTIONS ON THE SOCIAL MEDIA SITES OR OTHER WEBSITES, EVEN IF THE RELEASED PARTIES HAVE BEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE OFFICIAL RULES, OR ANY PRIZE, HOWSOEVER CAUSED, WHETHER ARISING IN TORT, CONTRACT, STRICT LIABILITY, OR OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL SUCH DAMAGES ARE HEREBY DISCLAIMED AND EXCLUDED.
  6. Disputes: These Official Rules and all information on the Sweepstakes are governed by and will be construed in accordance with the laws of the State of Idaho and of the United States of America. The venue for any matter relating to or arising from this site will be in the state or federal court of competent jurisdiction in the County of Ada, State of Idaho. To the extent any portion of these Official Rules is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified solely to the extent necessary to cause such portion to be enforceable, and these Official Rules, as modified, will remain in full force and effect. This sets forth the rights and obligations of the users and the Released Parties in their entirety relating to the subject matter herein and will not be modified except in writing signed by both parties.
  7. Representations: By entering the Sweepstakes, each entrant represents and warrants to Sponsor that: (a) the entrant meets all eligibility requirements of the Sweepstakes (including, without limitation, that entrant is at least eighteen (18) years of age); (b) the entrant is the owner of the email address through which entrant registered for the Sweepstakes; and (c) in entering the Sweepstakes, the entrant will comply in all respects with these Official Rules and all applicable statutes, orders, regulations, and other laws.

© 2019 Idaho Department of Commerce. All rights reserved.