February Dare to Imagine Sweepstakes
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS
SWEEPSTAKES. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND D.C. WHO
ARE 18 YEARS OF AGE OR OLDER AND OF THE LEGAL AGE OF MAJORITY AT THE TIME OF
ENTRY. U.S. LAW GOVERNS THIS SWEEPSTAKES. VOID WHERE PROHIBITED.
1. ELIGIBILITY: The January Dare to Imagine Sweepstakes (the “Sweepstakes”) is open only
to persons who as of the date of entry (and, if a winner, as of the date of prize
fulfillment) are a legal resident of the 50 United States or the District of Columbia and
who are 18 years of age or older and of the legal age of majority in the jurisdiction in
which he or she resides. We are sorry for the geographic restrictions, unfortunately it is
required for various legal reasons. Persons who as of the date of entry (and, if a winner,
as of the date of prize fulfillment) are an employee of Farrar, Straus & Giroux
(“Sponsor”) or any of Sponsor’s Affiliates (as defined in Section 7), and members of the
immediate family or household (whether or not related) of any such employee, are not
eligible. Eligibility determinations will be made by Sponsor in its discretion and will be
final and binding. U.S. law governs this Sweepstakes. Void where prohibited by law.
2. HOW TO ENTER: The entry period for the Sweepstakes begins at 9:00 a.m. Eastern Time
(ET) on 2/27/2020 and continues through 11:59 p.m. ET on 3/3/2020 (the “Entry
Period”). No purchase is necessary. Entrants may enter the Sweepstakes via Instagram.
To enter the Sweepstakes via Instagram, during the Entry Period, entrants must make an
Instagram comment on an Instagram post sent from Sponsor’s @fsgbooks Instagram
account that is identified as being part of the Sweepstakes entry process (i.e., an
Instagram post indicating that by making a comment on the post, the entrant will have
the opportunity to enter the Sweepstakes). To be eligible, the entrant must “follow”
Sponsor’s @fsgbooks Instagram account. Each Instagram comment must comply with all
terms and conditions and technical requirements of Instagram, including without
limitation the Terms of Use and the Community Guidelines. Entrants are prohibited
from inaccurately tagging content or encouraging other Instagram users to inaccurately
tag content in any Instagram comment or post. General Entry Terms and Conditions: An
Instagram comment that is submitted for purposes of Sweepstakes entry is referred to
in these Official Rules as a “Submission.” Submitting a Submission during the Entry
Period constitutes acknowledgement of and consent to these Official Rules. Each
Submission must comply with all of the submission guidelines set forth in this Section 2
and in Section 3 below. Each Submission may be submitted only once. If a particular
Submission is submitted more than once, Sponsor will have the right to disqualify all
entrants who submitted the duplicative Submission. There is a limit of one entry per
person, regardless of the method of entry used. All entries must be completed and
received by Sponsor prior to the conclusion of the Entry Period. Entry times will be
determined by the timestamp attributed to the entrant’s Submission by the social
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media platform used by the entrant to enter. The entrant must be the registered user of
the social media account used to submit the Submission. Normal time rates, if any,
charged by the entrant’s Internet or mobile service provider will apply. All entries are
subject to verification at any time. Proof of submission does not constitute proof of
entry. Sponsor will have the right, in its discretion, to require proof of identity and/or
eligibility in a form acceptable to Sponsor (including, without limitation, government-
issued photo identification). Failure to provide such proof to the satisfaction of Sponsor
in a timely manner may result in disqualification. The entrant must be able to receive
private messages from the social media account used by the entrant to enter the
Sweepstakes (i.e., an Instagram Direct message) from the time of submission through
sixty days after the end of the Entry Period to enable Sponsor to communicate with
potential winners.
3. SUBMISSION GUIDELINES: Each Submission must comply with the following guidelines:
(a) the Submission must be original and have been created solely by the entrant; (b) the
entrant must own the copyright in the Submission; (c) the Submission must not
previously have been submitted in connection with any sweepstakes or contest,
published for commercial purposes or won any award; (d) the Submission must be
truthful and accurate; (e) if the Submission identifies, depicts, contains or otherwise
uses any Personality Rights (as defined below) of any person (except for the entrant, or
any author or subject of a book promoted in this Sweepstakes, or any person identified
in Sponsor’s social media communications relating to this Sweepstakes), the entrant
must have prior to submitting the Submission obtained written consent from such
person (or his or her parent or legal guardian, if the person is a Minor) to the use of such
person’s Personality Rights, as applicable, in the Submission and the use by the
Licensees (as defined in Section 6) of the Submission including such person’s Personality
Rights, as applicable, as permitted pursuant to these Official Rules; (f) the Submission
must not contain any email address, mailing address, phone number, social security
number, or, except as permitted in clause (e) directly above, other personally identifying
information of any person; (g) the Submission must not include any brand name,
trademark or logo of any entity (other than brand names, trademarks or logos
associated with Sponsor or referenced in Sponsor’s social media communications
relating to this Sweepstakes); (h) the Submission must not contain any material that
violates or infringes upon the rights of any third party, including without limitation any
copyright, trademark or right of privacy or publicity, or that is unlawful, in violation of or
contrary to any applicable law or regulation, or the use of which by the Licensees as
permitted pursuant to these Official Rules would require a license or permission from
(other than pursuant to clause (e) above) or payment to any third party; (i) the
Submission must not exhibit the entrant engaging in or otherwise promoting any illegal,
sexually explicit, violent or dangerous behavior; (j) the Submission must not contain any
material that is disparaging, defamatory, discriminatory, bigoted, threatening, indecent,
violent, obscene or offensive; and (k) the Submission must not contain any material that
Sponsor, in its sole discretion, deems inappropriate for public viewing, display and/or
promoting Sponsor’s or its affiliates content, authors and imprints. “Personality Rights”
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means the name, likeness, image, voice and biographical information of or any
statement attributed to any person. By submitting a Submission, the entrant represents
and warrants that the entrant has complied with all of the foregoing requirements and
has obtained all permissions, licenses and consents that are necessary for the
submitting of the Submission and to the use by the Licensees of the Submission as
permitted pursuant to these Official Rules and to verify compliance with the foregoing
requirements. Each entrant agrees to provide to Sponsor at Sponsor’s request copies of
all such permissions, licenses and consents and, if requested by Sponsor, to obtain
additional permissions, licenses and consents from the applicable parties in a form
specified by Sponsor. Sponsor reserves the right in its sole discretion to disqualify any
Submission that Sponsor determines does not comply with these guidelines, to require
the entrant to remove the Submission from the applicable social media platform, or to
require the entrant to make such changes to any Submission as are necessary to make it
compliant. Sponsor will also have the right to take such actions relating to its social
media accounts as are permitted pursuant to the applicable social media platform’s
policies.
4. WINNER SELECTION AND NOTIFICATION: Following the conclusion of the Entry Period,
two potential Grand Prize winner(s) will be selected in a random drawing conducted by
Sponsor or its agent from among all eligible entries received during the Entry Period
from Instagram. The odds of winning will depend on the number of eligible entries
received. Potential winners will be notified via a private message sent to the social
media account used by the potential winner to enter the Sweepstakes (i.e., an
Instagram Direct message), and if Sponsor’s notification requires a response, the
potential winner must respond to Sponsor’s initial notification attempt within 72 hours
with such personal and/or contact information as Sponsor may require (for example,
the potential winner’s email address, name and/or mailing address). The potential
winner is subject to verification of eligibility and may, in Sponsor’s discretion, be
required to complete, sign and return to Sponsor an Affidavit of Eligibility/Release of
Liability or an Affirmation of Eligibility/Release of Liability, as determined by Sponsor,
and, if legally permissible, a Publicity Release, and any other documentation provided by
Sponsor in connection with verification of the potential winner’s eligibility and
confirmation of the releases and grant of rights set forth herein (as applicable, “Winner
Verification Documents”), within seven days of attempted delivery of same. The
potential winner may also in Sponsor’s discretion be required to complete and return to
Sponsor an IRS Form W-9 within seven days of attempted delivery of same. If the
potential winner cannot be reached or does not respond within 72 hours of the initial
notification attempt or fails to complete, sign, and return any required Winner
Verification Documents or IRS Form W-9 within seven days of attempted delivery of
same, or if the potential winner does not otherwise comply with these Official Rules
and/or cannot accept the prize as awarded for any reason, then the potential winner
may be disqualified and an alternate winner may, at Sponsor’s discretion, be selected
from among the remaining eligible entries as specified in these Official Rules (in which
case the foregoing provisions will apply to such newly-selected entrant).
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5. PRIZE: Two Grand Prize(s) will be offered. The Grand Prize consists of one hardcover
copy of THE CACTUS LEAGUE by Emily Nemens, one hardcover copy of IF MEN, THEN by
Eliza Griswold, and one custom tote bag. Exact details of tote bag at discretion of
Sponsor. The approximate retail value (“ARV”) of the Grand Prize is $66.00 USD.
The aggregate ARV of all prizes is $132.00 USD. The exact value will depend on where
the winner resides and market conditions at the time of prize fulfillment. All prize details
that are not expressly specified in these Official Rules will be determined by Sponsor in
its discretion. The prize will be awarded if properly claimed. No substitution, cash
redemption or transfer of the right to receive the prize is permitted, except in the
discretion of Sponsor, which has the right to substitute the prize or any component of
the prize with a prize or prize component of equal or greater value selected by Sponsor
in its discretion. The prize consists only of the item(s) expressly specified in these Official
Rules. All expenses or costs associated with the acceptance or use of the prize or any
component of the prize are the responsibility of the winner. If a prize component
consists of digital content, entrant may need a compatible reading application to read
the content. The prize is awarded “as is” and without any warranty, except as required
by law. In no event will more than the number of prizes stated in these Official Rules be
awarded. All federal, state and local taxes on the value of the prize are the responsibility
of the winner. An IRS form 1099 will be issued if required by law.
6. GRANT OF RIGHTS: By submitting a Submission, each entrant irrevocably grants to the
Sponsor, each of Sponsor’s Affiliates, and the agents and licensees of each of the
foregoing (collectively, the “Licensees”): (i) a non-exclusive license to publish, display,
reproduce, modify, edit, create derivative works based on and otherwise use the
Submission, in whole or in part, and (ii) the right to use in connection with the
Submission or any part of the Submission the entrant’s social media user name or
handle and likeness, and for winners the name, in perpetuity, throughout the world, in
all media and formats whether now or later known or developed (including without
limitation on Sponsor’s websites and Twitter, Instagram, Facebook and other social
media channels), including without limitation for commercial use and in advertising and
promotions, without further notice or compensation.
7. RELEASE AND LIMITATION OF LIABILITY: By entering the Sweepstakes, to the fullest
extent permitted by applicable law, each entrant on behalf of himself or herself and
anyone who succeeds to entrant’s rights and responsibilities including without limitation
entrant’s heirs, executors, administrators, personal representatives, successors, assigns,
agents, and attorneys, and with respect to minors entrant’s parents and legal guardians
(collectively the “Entrant Parties”) releases Sponsor, each of Sponsor’s Affiliates, the
licensees and licensors other than Entrant Parties including authors of each of the
foregoing, all other companies involved in the development or operation of the
Sweepstakes, Instagram, the successors and assigns of each of the foregoing and the
directors, officers, employees and agents of each of the foregoing (collectively, the
“Released Parties”) from and against any and all claims and causes of action of any kind
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that entrant and/or the Entrant Parties ever had, now have or might in the future have
arising out of or relating to the Sweepstakes, participation in the Sweepstakes, the use
of Instagram, the provision, acceptance or use of any prize or any component thereof,
or any exercise by the Licensees of any of the rights granted in Section 6 above,
including without limitation any and all claims and causes of action: (a) relating to any
personal injury, death or property damage or loss sustained by any entrant or any other
person, (b) based upon any allegation of violation of the right of privacy or publicity,
misappropriation, defamation, or violation of any other personal or proprietary right, (c)
based upon any allegation of infringement of copyright, trademark, trade dress, patent,
trade secrets, moral rights or any intellectual property right, or (d) or based upon any
allegation of a violation of the laws, rules or regulations relating to personal information
and data security. Each entrant on behalf of himself or herself and the Entrant Parties
agrees not to assert any such claim or cause of action against any of the Released
Parties. Each entrant on behalf of himself or herself and the Entrant Parties assumes the
risk of, and all liability for, any injury, loss or damage caused, or claimed to be caused, by
participation in this Sweepstakes, the use of Instagram or the provision, acceptance or
use of any prize or any component of any prize. The Released Parties are not
responsible for, and will not have any liability in connection with, any typographical or
other error in the printing of the offer, administration of the Sweepstakes or in the
announcement of the prize. The Released Parties are not responsible for, and will not
have any liability in connection with, late, lost, delayed, illegible, damaged, corrupted or
incomplete entries, incorrect or inaccurate capture of, damage to, or loss of entries or
entry information, or any other human, mechanical or technical error of any kind
relating to the operation of Instagram communications or attempted communications
with any entrant or Entrant Parties, the submission, collection, storage and/or
processing of entries or the administration of the Sweepstakes. The term “Affiliate” of
Sponsor means any entity that directly or indirectly, through one or more
intermediaries, controls, is controlled by, or is under common control with Sponsor. The
term “control” means the possession, directly or indirectly, of the power to direct or
cause the direction of management and policies of an entity, or the ownership, directly
or indirectly, of more than fifty percent (50%) of the equity interests of the entity.
8. GENERAL RULES: Sponsor has the right, in its sole discretion, to modify these Official
Rules (including without limitation by adjusting any of the dates and/or timeframes
stipulated in these Official Rules) and to cancel, modify or suspend this Sweepstakes at
any time in its discretion, including without limitation if a virus, bug, technical problem,
entrant fraud or misconduct, failure or refusal of any person or entity involved in the
development or operation of the Sweepstakes (including without limitation any author)
to comply with such party’s obligations in connection with the Sweepstakes, failure or
unavailability of any website or social media channel, account or platform on which the
Sweepstakes is to be offered or other cause beyond the control of the Sponsor corrupts
the administration, integrity, security or proper operation of the Sweepstakes or if for
any other reason Sponsor is not able to conduct the Sweepstakes as planned (including
without limitation in the event the Sweepstakes is interfered with by any fire, flood,
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epidemic, earthquake, explosion, labor dispute or strike, act of God or of public enemy,
communications failure, riot or civil disturbance, war (declared or undeclared), terrorist
threat or activity, federal, state or local law, order or regulation or court order) or in the
event of any change to the terms governing the use of Instagram, or the application or
interpretation of such terms. In the event of termination of the Sweepstakes, a notice
will be posted on Sponsor’s @fsgbooks Instagram account and a random drawing will be
conducted to award the prize from among all eligible entries received prior to the time
of termination. Sponsor has the right, in its sole discretion, to disqualify or prohibit from
participating in the Sweepstakes any individual who, in Sponsor’s discretion, Sponsor
determines or believes (i) has tampered with the entry process or has undermined the
legitimate operation of Instagram, or the Sweepstakes by cheating, hacking, deception
or other unfair practices, (ii) has engaged in conduct that annoys, abuses, threatens or
harasses any other entrant or any representative of Sponsor or (iii) has attempted or
intends to attempt any of the foregoing. CAUTION: ANY ATTEMPT TO DELIBERATELY
DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE
LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL
LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR HAS THE RIGHT TO SEEK
DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY PERSON INVOLVED TO THE
FULLEST EXTENT PERMITTED BY LAW. The use of agents or automated devices,
programs or methods to submit entries is prohibited and Sponsor has the right, in its
sole discretion, to disqualify any entry that it believes may have been submitted using
such an agent or automated device, program or method. In the event of a dispute
regarding who submitted an entry, the entry will be deemed to have been submitted by
the registered user of the social media account used to submit the Submission on the
applicable platform. All federal, state and local laws and regulations apply. All entries
become the property of Sponsor and will not be verified or returned. By participating in
this Sweepstakes, entrants on behalf of themselves, and to the extent permitted by law
on behalf of the Entrant Parties agree to be bound by these Official Rules and the
decisions of Sponsor, which are final and binding in all respects. These Official Rules may
not be reprinted or republished in any way without the prior written consent of
Sponsor.
9. DISPUTES: By entering the Sweepstakes, each entrant on behalf of himself or herself
and the Entrant Parties agrees that, to the maximum extent permitted by applicable
law, (a) any and all disputes, claims and causes of action arising out of or connected with
the Sweepstakes, or the provision, acceptance and/or use of any prize or prize
component, will be resolved individually, without resort to any form of class action
(Note: Some jurisdictions do not allow restricting access to class actions. This provision
will not apply to entrant if entrant lives in such a jurisdiction); (b) any and all 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 attorneys’ fees; and (c)
under no circumstances will any entrant or Entrant Party be permitted to obtain any
award for, and each entrant and Entrant Party hereby waives all rights to claim,
punitive, special, incidental or consequential damages and any and all rights to have
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damages multiplied or otherwise increased and any other damages, other than for
actual out-of-pocket expenses. All issues and questions concerning the construction,
validity, interpretation and enforceability of these Official Rules or the rights and
obligations of the entrants, Entrant Parties and Sponsor in connection with the
Sweepstakes shall be governed by, and construed in accordance with, the laws of the
State of New York in the United States of America without giving effect to any choice of
law or conflict of law rules or provisions that would cause the application of the laws of
any jurisdiction other than the State of New York. Any legal proceedings arising out of
this Sweepstakes or relating to these Official Rules shall be instituted only in the federal
or state courts located in New York County in the State of New York, waiving any right to
trial by jury, and each entrant and Entrant Party consents to jurisdiction therein with
respect to any legal proceedings or disputes of whatever nature arising under or relating
to these rules or the Sweepstakes. In the event of any conflict between these Official
Rules and any Sweepstakes information provided elsewhere (including but not limited in
advertising or marketing materials), these Official Rules shall prevail.
10. USE OF INFORMATION: Personal information supplied is subject to applicable data
protection laws and Sponsor's Privacy Notice at https://us.macmillan.com/privacy-
notice. By entering the sweepstakes, entrants acknowledge that they have read
Sponsor's Privacy Notice and hereby agree to Sponsor’s collection and use of their
personal information in accordance with such laws and Privacy Notice.
11. WINNER NAME AND RULES REQUESTS: For the name(s) of the winner(s) (or, if Sponsor
does not collect the name(s) of the winner(s), the user name(s) or handles of the
winner(s)), which will be available two weeks after the conclusion of the Entry Period, or
a copy of these Official Rules, send a self-addressed, stamped envelope to Dare to
Imagine February Sweepstakes, Farrar, Straus & Giroux, 120 Broadway, 24 th Floor, New
York, NY 10271. Winner name requests must be received by Sponsor within six months
after the conclusion of the Entry Period.
12. SPONSOR: Farrar, Straus & Giroux, 120 Broadway, New York, NY 10271. The
Sweepstakes is in no way sponsored, endorsed or administered by, or associated with,
Instagram.
©2020 Macmillan Publishers. All rights reserved.
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ABBREVIATED RULES
No purchase necessary. Open only to legal residents of the 50 United States and D.C. who are
age 18 or older and of the legal age of majority. Entry period begins at 9:00am Eastern Time
(ET) on 2/27/2020 and ends at 11:59pm ET on 3/3/2020. Void where prohibited. For full Official
Rules, visit https://fsgworkinprogress.com/2020/01/31/dti-february-sweepstakes. Sponsored by Farrar,
Straus & Giroux, 120 Broadway, New York, NY 10271. The Sweepstakes is in no way sponsored,
endorsed or administered by, or associated with, Instagram.