Summary of Key Rules
Complete Official Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED AS OF THE APPLICABLE DRAWING DATE DEADLINE. VOID WHERE PROHIBITED BY LAW.
The Niche.com Spotify Premium Membership Contest (“Contest”) begins on January 15, 2021 at 6:00 PM Eastern Time (“ET”) and ends on January 20, 2021 at 11:59 PM ET (“Entry Period”). The sponsor reserves the right to extend or shorten the Contest at its sole discretion. The sponsor of this Contest is Niche.com, Inc. located at 2840 Liberty Avenue, Suite 202, Pittsburgh, PA 15222 (“Sponsor”). Fastweb, LLC is not a sponsor of or associated with this Contest. This promotion is in no way sponsored, endorsed, or administered by, or associated with TikTok, Instagram and/or Facebook. Any questions, comments, or complaints regarding the Contest will be directed to the Sponsor (as defined below), not TikTok, Instagram and/or Facebook. The Contest shall be subject to these Official Rules, and by entering, all participants agree to be bound by the terms and conditions herein.
ELIGIBILITY: The Contest is open only to legal residents of the United States and Canada who (a) are either at least eighteen (18) years of age or older (except in the case of legal residents of certain states or commonwealths where the legal age of majority is greater than eighteen (18) years of age, then such legal age of majority) at the time of entry, or at least thirteen (13) years of age at the time of entry and have a parent’s or legal guardian’s consent and supervision to use Niche.com and/or Instagram and enter this Contest; (b) have a valid United States Social Security Number; and (c) are a registered user of Instagram with a valid Instagram account prior to January 15, 2021 at 12:00 AM ET. Registration on this website is free and can be obtained at www.instagram.com. An entrant must be the rightful owner (or have authorized use) of the social media account associated with the entry. Employees, officers, and directors (including immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and members of the same household, whether or not related) of the Sponsor and its parent and affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising and promotion agencies, and any and all other companies associated with the Contest (collectively, “Promotion Parties”) are not eligible to participate or win the Prize (defined below). The Contest is subject to all applicable federal, state, and local laws, rules, and regulations. Void in Puerto Rico, all U.S. territories and possessions, overseas military installations and where prohibited or restricted by law. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
HOW TO ENTER THE CONTEST: There are two (2) ways for an eligible entrant to enter the Contest during the Entry Period: (1) by entry on Instagram; or (2) by submitting a mail-in entry. Eligible entrants must enter in accordance with these Official Rules. No other method of entry will be accepted. Limit one (1) entry per person/Instagram account/e-mail address/household. If more than one (1) entry is received by the same participant, then the first entry, as determined by the Sponsor, will be considered the only valid and eligible entry. Additional entries beyond the specified limit or submitted after the Entry Period will be void. You may not enter more times than indicated by using multiple e-mail addresses, identities, or addresses in an attempt to circumvent the Official Rules. Automated entries are prohibited, and any use of automated devices will cause disqualification. Entries must not contain any derogatory references to any Promotion Parties. If the participant uses fraudulent methods or otherwise attempts to circumvent the Official Rules, then his or her submission may be removed from eligibility at the sole discretion of the Sponsor. The Sponsor reserves the right, in its sole discretion, to disqualify any entry at any time, which in their opinion, does not comply with these Official Rules. The Sponsor is not responsible for lost, late, incomplete, void, corrupted, misdirected, misaddressed, or otherwise erroneous entries or for any problems, malfunctions, or technical difficulties that arise during the entry process. Any incomplete or incorrect entries will be deemed void and disqualified from consideration in the Contest. Proof of submission will not be deemed to be proof of receipt by the Sponsor. Once submitted, all entries shall be the property of the Sponsor and will not be returned or acknowledged. Instagram’s computer shall be the official clock of the Contest. Any entries that do not comply with the Content Restrictions or otherwise with these Official Rules, are void. All entries submitted in compliance with the Official Rules and not disqualified are considered “Eligible Entries” for the purposes of the Contest.
HOW TO ENTER ON Instagram: For the duration of the Entry Period, the Sponsor will publish one (1) post for the Contest on its Instagram account – @nichesocial – that will promote the Contest and describe what Prize (defined below) is subject of the giveaway that day. To enter on Instagram, an eligible entrant must satisfy all of the following during the Entry Period: (a) log into your Instagram account; (b) follow @nichesocial on Instagram; (c) like a post from @nichesocial promoting the Contest; and (d) tag the Instagram accounts of two (2) friends on the post from @nichesocial promoting the Contest. The satisfaction of all these requirements will result in one (1) entry in the Contest.
HOW TO ENTER BY MAIL: On a postcard, handprint your first and last name, address, city, state, country, zip code or postal code, phone number, date of birth, and e-mail address. Mail the completed postcard entry to: Niche.com Contest “Mail-in Entry”, 2840 Liberty Avenue, Suite 202, Pittsburgh, PA 15222.
ODDS: Odds of winning the Prize (defined below) will depend on the number of Eligible Entries received during the Entry Period.
WINNER SELECTION: All Eligible Entries received during the Entry Period will be gathered into a database at the end of the Entry Period and one (1) winner of the Contest will be selected by a random drawing from the database, to be held on or about January 21, 2021 at the Sponsor’s office. Subject to verification of eligibility and compliance with the terms of these Official Rules, the potential one (1) winner will be declared the official winners of the Contest (each, the “Winner”). Announcement and instructions for the Prize (defined below) will be sent via mail, telephone, posting on Instagram and/or e-mail, within ten (10) days of drawing date. Each entrant is responsible for monitoring for any Contest-related communications. The potential winner shall forfeit the Prize (defined below) and a new winner will be randomly selected from the remaining Eligible Entries in each of the following scenarios: (a) the potential winner cannot be reached by Sponsor within two (2) calendar days from the time award notification was sent, using the contact information provided at the time of entry; (b) the potential winner is ineligible under the Official Rules of the Contest; (c) the potential winner fails to timely return all completed forms necessary to claim the Prize; or (d) the Prize is returned as undeliverable. The potential winner, regardless of prize amount, will be required to complete a tax affidavit prior to receiving his or her Prize. The affidavit will request the name, address, and Social Security number of the winner so that the Sponsor can issue an IRS Form 1099 to the Winner, if necessary. In addition, the potential prize winner may be required to present valid identification and to sign additional documentation in order to receive the Prize, including a Declaration of Eligibility, Liability and Publicity Release. If the potential prize winner does not fulfill these requirements or the potential winner fails to comply with these Official Rules, then he or she will be disqualified, the Prize will be forfeited, and a substitute winner may be selected from the remaining Eligible Entries. Prizes may not be awarded if an insufficient number of Eligible Entries are received, as determined by Sponsor. Any violation of these Official Rules by a potential winner, as determined by the sole discretion of Sponsor, will result in his or her immediate disqualification from the Contest and all privileges as the Winner will be immediately terminated.
PRIZE: There is a total of one (1) Prize that will be distributed to one (1) Winner, with only one (1) Prize distributed to each Winner. The “Prize” consists of the following:
One year premium Spotify membership: $60
PRIZE CONDITIONS: All Prize details shall be determined in the sole and absolute discretion of the Sponsor. Each Winner is fully responsible for any and all applicable federal, state, and local taxes (including income and withholding taxes). All costs and expenses associated with the Prize acceptance and use not specified herein as being provided and other expenses incurred by accepting the Prize are the sole responsibility of each individual Winner. The Prize is non-transferable and non-assignable. Sponsor reserves the right to substitute the Prize (or any portion thereof) with a prize of comparable or greater value at its sole and absolute discretion. The Sponsor will not replace a lost, stolen, or misplaced Prize (or any portion thereof). Released Parties (defined below) shall not be liable to the Winner or any other person for failure to supply the Prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Sponsor’s sole control.
PUBLICATION, LICENSE, AND RELEASE: By entering the Contest and submitting an entry, each entrant: (a) agrees that his/her entry is an original work of authorship and that he/she owns all right, title and interest in the entry as of the date of submission or has all necessary rights and authorizations to submit it and the express permission of all individuals, content, and materials embodied in the entry to submit it for possible use as provided herein; (b) agrees that his/her entry does not infringe upon the copyrights, trademarks, rights of privacy, publicity, or other intellectual property or other rights of any person or entity; (c) grants to the Sponsor and Promotion Parties and each of their respective designees the perpetual and unlimited right and license to use, license, edit, modify, duplicate and/or create derivative works from his/her entry throughout the world and in perpetuity, including, but not limited to, the right for Sponsor and Promotion Parties, as applicable, to publish, display, broadcast, distribute, reproduce, perform, create derivative works from and otherwise use and exploit the entry via the Internet or any other interactive media, on television, in print and/or any other media currently existing and hereafter developed and without limitation and without payment of any compensation to the entrant or his/her heirs and successors, (i) on its own or as part of any audiovisual or other production; (ii) to advertise any products, programming or services of the Sponsor or Promotion Parties or for any other advertising, marketing, publicizing, and promotional purposes and in any materials related thereto; and/or (iii) for any other purpose whatsoever; and (d) release in perpetuity the Released Parties (defined below) from any claims, demands, losses, and liabilities of any nature arising out of or in any way connected with the entry, and the use thereof as permitted hereunder, including, but not limited to, claims of false endorsement or infringement of rights of publicity or privacy. Nothing herein will obligate the Sponsor or Promotion Parties to make any use of any of the rights set forth herein.
CONTENT RESTRICTIONS: Entrants must not include any of the following content (the “Content Restrictions”) in any entry: (a) pornography, adult-oriented content or any other sexually-explicit material; (b) materials relating to lotteries or gambling; (c) explicit language or content, images of violence, or promotion of illegal activities; (d) content in violation of intellectual property rights or laws; (e) libelous, defamatory, disparaging, tortious or slanderous materials; (f) tobacco, alcohol or drugs; (g) dangerous stunts; (h) real weapons of any kind including, but not limited to, guns, knives or projectiles; (i) material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any other basis protected by federal, state, territory, provincial or local law, ordinance, or regulation; (j) individuals under legal age of majority without providing a signed release from parent or legal guardian; (k) audio and/or visual content owned by any third party (e.g., recorded music; pre-produced video, etc.); and (l) material that is unlawful, or otherwise in violation of or contrary to the laws or regulations in any state where the entry is created. Any entry that does not comply with the foregoing, in the sole discretion of the Sponsor, will be disqualified.
WAIVER OF LIABILITY/PUBLICITY RELEASE: By participating in the Contest and submitting an entry, each entrant agrees to (a) be bound by these Official Rules, including all entry requirements, and (b) waive any and all claims against the Sponsor, the Promotion Parties, and each of their respective parents, affiliated companies, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the Contest, and all of their respective officers, directors, employees, agents and representatives (collectively, “Released Parties”) for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the participation in the Contest or from the receipt or use of the Prize (or any portion thereof) or any travel or activity related to the receipt or use of the Prize (or any portion thereof). By entering this Contest, each entrant gives his/her express permission to be contacted by Sponsor by telephone, e-mail and/or postal mail for Contest purposes. Each Winner, by acceptance of the Prize, grants to the Released Parties and each of their respective designees the right to publicize such Winner’s name, address (city and state/territory/province of residence), photograph, voice, statements and/or other likeness and prize information for advertising, promotional, trade and/or any other purpose in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law.
The Contest is in no way sponsored, endorsed, or administered by Instagram or Facebook. By participating in the Contest and submitting an entry, each entrant agrees to completely release Instagram and Facebook from all liability arising from his or her participation in the Contest.
GENERAL CONDITIONS: The Released Parties are not responsible for stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due or garbled entries, transmissions, e-mail or mail; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections including those through and/or by any website, availability or accessibility or miscommunications or failed computer, satellite, telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; wireless service congestion; failures or malfunctions of phones, phone lines or telephone systems, wireless towers or cellular tower equipment; any error, omission, interruption, defect or delay in wireless or other transmission, processing, or communication; non-delivery; misdirected, blocked, or delayed e-mail notifications; printing, typographical or other errors appearing within these Official Rules, in any Contest-related advertisements or other materials; or any other errors, problems or difficulties of any kind whether human, mechanical, electronic, network, computer, telephone, wireless service, mail, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, or the announcement of the Prize or in any Contest-related materials. The Released Parties are also 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 Contest. The Released Parties are not responsible for injury or damage to entrants’ or to any other person’s computer and/or wireless device related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest or website or attempt to undermine the legitimate operation of the Contest by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or any representative of the Sponsor or who are in violation of these Official Rules, as solely determined by the Sponsor, will be disqualified and all associated entries will be void. Any attempt to deliberately damage the content or operation of this Contest is unlawful and subject to legal action by the Sponsor and/or their respective agents. Entries generated by a script, macro or other mechanical or automated means will be disqualified. The Sponsor shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Contest, and to resolve all disputes in its sole discretion. The Released Parties (a) make no warranty, guaranty or representation of any kind concerning the Prize (or any portion thereof), and (b) disclaim any implied warranty. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
The Sponsor reserves the right, in its sole discretion, to cancel or suspend the Contest (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Contest (or any portion thereof). In the event of cancellation, the Sponsor may elect to identify the Winner and award the Prize by way of random drawing from among all non-suspect, Eligible Entries received up to the time of such cancellation. The Sponsor also reserves the right, in its sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest. By participating in the Contest and submitting an entry, each entrant warrants and represents that he or she is at least eighteen (18) years of age or older (except in the case of legal residents of certain states or commonwealths where the legal age of majority is greater than eighteen (18) years of age, then such legal age of majority) at the time of entry or are at least thirteen (13) years of age at the time of entry and have a parent’s or legal guardian’s consent and supervision to use Niche.com and/or Instagram and enter this Contest. You may not use participate in the Contest if you: (a) do not agree to be bound by the Official Rules; or (b) are not at least eighteen (18) years of age or older (except in the case of legal residents of certain states or commonwealths where the legal age of majority is greater than eighteen (18) years of age, then such legal age of majority) at the time of entry or are not at least thirteen (13) years of age at the time of entry or have a parent’s or legal guardian’s consent and supervision to use Niche.com and/or Instagram and enter this Contest. By participating in the Contest and submitting an entry, each entrant also represents and warrants that he or she has the right, authority, and capacity to participate in the Contest. Be advised that persons under the age of majority in the state or commonwealth in which they reside typically cannot enter into legal agreements. The Website is available to adults in the United States and all other countries. Any misstatements and/or misrepresentations regarding the age or eligibility of an entrant in the jurisdiction of the United States or any other country of any participant in this Contest are not the responsibility of the Released Parties.
In the event of a dispute as to the identity or eligibility of a Winner based on an Instagram account, the winning entry will be declared made by the Authorized Instagram Account Holder of the Instagram account used to enter the Contest, provided he or she is eligible according to these Official Rules. For entries via Instagram, the “Authorized Instagram Account Holder” is defined as the natural person who is assigned to an Instagram account by www.instagram.com.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR WILL DISQUALIFY ANY ENTRANT RESPONSIBLE FOR THE ATTEMPT, AND THE SPONSOR AND/OR ITS RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. INDEMNIFICATION AND LIMITATION OF LIABILITY BY ENTERING THE CONTEST, EACH ENTRANT AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY LIABILITY, DAMAGES, LOSSES OR INJURY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THAT ENTRANT’S PARTICIPATION IN THE CONTEST AND THE ACCEPTANCE, USE OR MISUSE OF ANY PRIZE THAT MAY BE WON. THE RELEASED PARTIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS, OR MERCHANTABILITY OF THE PRIZE. THE RELEASED PARTIES DISCLAIM ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM RESULTING FROM ACCESS TO OR THE DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE CONTEST.
The laws of the Commonwealth of Pennsylvania apply to and govern this Contest and any claims must be raised and resolved in the federal or state courts located in Allegheny County, Pennsylvania, United States.
NOTE: Internet entry must be made by the entrant only at the entry sites. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including, but not limited to, commercial Contest subscription notification and/or entering service sites, will be declared invalid and disqualified for this Contest. The use of any device or software to automate the entry process is prohibited.
WINNERS LIST: For an Official Winner’s List or a copy of these Official Rules, send a self-addressed, stamped envelope to Niche.com Giveaway Contest “Winners List”, 2840 Liberty Avenue, Suite 202, Pittsburgh, PA 15222. Vermont residents may omit return postage for Official Rules requests. Official Rules are also posted at https://www.niche.com/about/social-giveaway-rules and the Official Winner’s List is also posted at https://www.niche.com/about/social-giveaway-winners/.