Shutterfly Meaningful Connections Sweepstakes
Official Rules
No purchase necessary to enter or win a prize in this Sweepstakes. A purchase will not increase your chances of winning. The Sweepstakes is void where prohibited by law.
Each winner will be required to respond to winner notification and other communications from Sponsor (defined below) within twenty-four (24) hours or other time period set forth according to the notice(s) from Sponsor or prize may be forfeited (in Sponsor’s sole discretion).
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram, Inc. (“Instagram”) or any prize manufacturer.
By entering this Sweepstakes, you agree to these official rules (“Official Rules”), which are a contract, so read them carefully before entering. Without limitation, this contract includes indemnities to the Sponsor from you, a limitation of your rights and remedies, binding arbitration of claims, waiver of class-action claims, and waiver of the right to trial by jury.
1. OVERVIEW: The Shutterfly Meaningful Connections Sweepstakes (“Sweepstakes”) is sponsored by Shutterfly, LLC (“Sponsor”).
The Sweepstakes begins at 07:00:00 a.m. PST on October 18, 2024, and ends at 11:59:59 p.m. PST on October 22, 2024 (“Sweepstakes Period”). Entries for the Sweepstakes must be received during the Sweepstakes Period.
If you satisfy the eligibility requirements (described below), you may enter the Sweepstakes by posting a photo to your Instagram account using the hashtag #SFLYHolidaySweepstakes, as more fully described in the “How to Enter” section below and tagging Sponsor’s official Instagram account (@Shutterfly). Following the conclusion of the Sweepstakes Period, Sponsor will select one (1) grand prize winner and five (5) winners through a random drawing from among all eligible entries received during the Sweepstakes Period, for a total of six (6) winners during the Sweepstakes Period. Participation in this Sweepstakes constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor. Instagram may also be referred to in these Official Rules as the “Social Media Platform.”
2. ELIGIBILITY: This Sweepstakes is open to legal residents of any one (1) of the fifty (50) United States or the District of Columbia (“Territory”) who are at least eighteen (18) years old and the age of majority under applicable law in their state or jurisdiction of primary residence at the time of entry, and who are registered users of Instagram in good standing throughout the Sweepstakes Period and prize fulfillment process. Employees, officers, directors, members, managers, agents, and representatives of Sponsor, its advertising and promotion agencies, and any other entities participating in the design, promotion, marketing, administration or fulfillment of this Sweepstakes, as well as each of their respective parent corporations, subsidiaries and affiliated companies (collectively, with Instagram, the “Released Parties”) and members of the immediate families (defined for these purposes as including any spouse, partner, parent, legal guardian, child, legal ward, sibling, grandparent, or grandchild and each of their respective spouses) and individuals living in the same household as such persons (whether or not related) are not eligible.
3. HOW TO ENTER: At or around the beginning of the Sweepstakes Period, Sponsor will post a Sweepstakes post to its official Instagram account (@Shutterfly) inviting eligible entrants to enter the Sweepstakes (an “Invitation Post”). If you meet the eligibility requirements, you can enter by 1) following @Shutterfly on Instagram; 2) posting a photo in-feed to your own public Instagram account showing something that is meaningful to you with a brief comment explaining why it is meaningful; and (3) including #SFLYHolidaySweepstakes and tagging @Shutterfly in the caption accompanying your photo. You may “unfollow” Sponsor at any time after prize fulfillment. Each post submitted in accordance with the above instructions is an “Entry Post.” Your Instagram page must be set to “public”, and you must complete all of the required steps set forth above to earn one (1) entry into the applicable Sweepstakes. Limit one (1) entry per person. Any attempt to obtain entries in violation of these restrictions may result in forfeiture of all entries received.
Your photo and any text, including the comment explaining why the thing depicted in your photo is meaningful to you, or other content you submit as part of an Entry Post is referred to collectively in these Official Rules as your “Entrant Content.” All Entrant Content must comply with these Official Rules (including, without limitation, the Submission Requirements section below) and any terms and guidelines applicable to your use the applicable Social Media Platform (e.g., Instagram’s Terms of Use (https://help.instagram.com/478745558852511)). Your completion of the entry steps set forth above will not be deemed an entry in the applicable Sweepstakes until Sponsor verifies that you have met all requirements of these Official Rules; but the substantive Entrant Content will not otherwise affect your chances of winning.
All entry steps must be completed and identifiable by Sponsor during the Sweepstakes Period or entry will be void. Entries are “received” when the Social Media Platform’s database records the completed Entry Post(s). Other proof of submitting an entry (such as a printed or copied screenshot) does not constitute actual receipt of the entry for purposes of this Sweepstakes. Sponsor’s clock will be the official timekeeper for this Sweepstakes. Your Entry Post must remain active on the Social Media Platform and viewable to Sponsor through winner selection and prize award for this Sweepstakes. Purported Entry Posts that are not both actually visible and received by Sponsor during the Sweepstakes Period will not be entered into the Sweepstakes. Each entrant must be the rightful owner of the Instagram account utilized for entry.
Normal Internet access and usage charges imposed by your Internet Service Provider may apply. Entries must be submitted and received by Sponsor during the Sweepstakes Period through the Social Media Platform and in strict accordance with the instructions and restrictions in these Official Rules. Those who do not follow all of the instructions, provide the required content in their entry, or abide by these Official Rules will be disqualified and any associated entry void. Purported entries that are incomplete, lost, late, misdirected, illegitimate, forged, altered, incomprehensible, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void. The use of any device or process to automate the entry process is prohibited. Entries will not be acknowledged. Entries made on your behalf by another, made by you on behalf of any other individual, or made by any entity, and/or originating at or using any web site or online service not operated by Instagram as part of the platform, including, without limitation, commercial promotion subscription, notification, and/or entering services, will be declared invalid and disqualified for the Sweepstakes. As a condition of entering the Sweepstakes, without limiting any other provision in these Official Rules, each entrant gives consent for Sponsor and its agents to obtain and deliver his or her name, address, and other information and content to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations, and rules.
4. SUBMISSION REQUIREMENTS: Your Entrant Content must meet all the requirements in these Official Rules, including the following, or the associated entry will be disqualified:
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If your Entrant Content mentions or depicts any identifiable person other than you, you agree that (a) such person is 18 years old or older and the age of majority in his or her state of residence and you have that person’s approval to include her or his name (and, if applicable, likeness or image) in the Entrant Content and submit it in this Sweepstakes and can provide Sponsor proof of that approval in writing upon Sponsor’s request and within the timeframe requested or (b) such person is your own minor child or ward and you are capable of granting such approval on behalf of her or him.
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Entrant Content must be originally created by and solely owned by you (or be in the public domain). Except for materials in the public domain, all third-party content and content unoriginal to you is prohibited.
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Entrant Content must not create or imply any association between Sponsor and any individual or entity or his, her, or its products or services.
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Entrant Content must not contain any commercial or corporate advertising (including, without limitation, corporate logos, brand names, and slogans), recognizable branded products, or commercial artwork other than those of Sponsor.
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Entrant Content must not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright (including moral rights), trademark, trade secret, or rights of privacy or publicity.
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Entrant Content must not include information or content that is false, fraudulent, deceptive, misleading, defamatory (include trade libel), disparaging, unlawfully harassing, threatening, profane, obscene, pornographic, hateful, indecent, inappropriate, or injurious to any Released Party or any other party. Entrant Content must not contain or describe any harmful or illegal activity or content or in any way violate any federal, state, or local laws, rules, or regulations.
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Entrant Content must be suitable for presentation in a public forum.
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Entrant Content must not suggest, depict, or describe any inappropriate, unlawful, or dangerous behavior or use of Sponsor’s or any other products or services.
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You agree that your participation in the Sweepstakes and agreement to these Official Rules and any Released Party’s display and use of the Entrant Content permitted under these Official Rules will not violate any agreement to which you are a signatory or party.
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To the fullest extent permitted by applicable law, you agree to indemnify the Released Parties against any and all claims from any third party for any use or reuse by any Released Party of the Entrant Content permitted under these Official Rules.
Sponsor reserves the right in its sole discretion to disqualify from the Sweepstakes any entrant whose Entrant Content refers, depicts, or in any way reflects negatively upon a Released Party, the Sweepstakes, or any other person or entity or does not comply with any provision of these Official Rules (including the above Submission Requirements), all as determined by Sponsor in its sole discretion.
5. PRIZE DETAILS, ODDS, AND WINNER SELECTION/NOTIFICATION: Five (5) winners will be randomly selected to each receive one (1) two hundred fifty dollar ($250) Shutterfly gift card (“Gift Card Prize”). One (1) grand prize winner will be randomly selected to receive one Gift Card Prize and one (1) two thousand dollar ($2,000) cash prize awarded in the form of a check made payable to winner (together, the “Grand Prize”). Gift cards are subject to all terms and conditions imposed on its use by its issuer, as specified on the gift card or in its accompanying materials, and is valid only in the U.S.A. for use at https://www.shutterfly.com. Total approximate retail value (ARV) for all prizes: US $3500. Odds of winning will be determined by the number of eligible entries received.
The drawing will take place within approximately one (1) business day of the close of the Sweepstakes Period.
Within approximately one (1) business day of the prize drawing, Sponsor will attempt to contact the potential winners by commenting on the potential winner’s Entry Post and/or to attempt to contact the potential winner using Instagram’s direct message feature. The potential winners will be required to respond to Sponsor as instructed within twenty-four (24) hours of Sponsor attempting to contact the potential winners as described above and provide their name, e-mail address, and mailing address, if appliable, using Instagram’s direct message feature. Entrants are encouraged to monitor their Instagram and email accounts for correspondence from Sponsor. If you are not a follower of Sponsor’s @Shutterfly account on Instagram, you may have to affirmatively accept a direct message sent by Sponsor. Once Sponsor is in receipt of a potential winner’s valid email address, Sponsor will send an email to each potential winner to verify eligibility. Potential winners must respond to that email and verify eligibility within forty-eight (48) hours of receipt.
If any prize, prize notification, or Sweepstakes-related communication is rejected, faulty, or returned as undeliverable or if the potential winner does not respond according to the notification’s or Sponsor’s instructions or otherwise fails to comply with these Official Rules, the prize may, in Sponsor’s sole discretion, be forfeited and an alternate winner may be selected (time permitting). Upon prize forfeiture, no compensation will be given and Sponsor will have no responsibility or liability to that participant. To claim a prize, each potential winner must follow the directions in his or her notification. Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate potential winner, if any.
Any potential winner may, in Sponsor’s sole discretion, be required to complete, sign and return a Declaration of Eligibility and Liability/Publicity Release (unless prohibited by law) and tax documents, if applicable (collectively, “Prize Winner Documents”) within the time frame specified and in the form provided by Sponsor, without revision, or prize may be forfeited. A Federal Form 1099, as applicable, may be issued to winners. If required by law, Sponsor reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due. The prize claim and Prize Winner Documents are subject to verification by Sponsor. The prizes, if legitimately claimed, will be awarded. Gift Card Prizes will be delivered via email and the cash prize will be delivered via check. Sponsor will not be obligated to pursue more than three (3) alternate winners (time permitting) for any prize for any reason, in which case that prize may go unawarded.
Only one prize per person or household will be awarded. All prize details not specifically stated in these Official Rules will be determined by Sponsor in its sole discretion. ARV is as of the date of printing of these Official Rules. The difference in value of prize as stated herein and value at time of prize notification, if any, will not be awarded. All taxes (federal, state, and local), as well as any expenses associated with prize acceptance and use and not specified in these Official Rules as being provided as part of the prize, are the sole responsibility of the winner. Mailed prize elements will only be mailed to a confirmed winner’s address in the United States/DC, unless otherwise agreed to by Sponsor. Sponsor is not responsible for and will not replace any lost, mutilated, or stolen prize or prize component, or any prize/prize component that is undeliverable or does not reach a winner because of incorrect or changed contact information. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize.
Sponsor is not responsible for any inability of any winner to accept or use any prize (or portion thereof) for any reason. No transfers, prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute any stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability. No more than the stated prize will be awarded. Entrants waive the right to assert, as a cost of winning any prize, any and all costs of verification and redemption to claim the prize and any liability and publicity which might arise from claiming or seeking to claim said prize.
6. LIMITATION OF LIABILITY: To the fullest extent permitted under applicable law, each entrant agrees to release, hold harmless, and indemnify each of the Released Parties from and against any liability whatsoever for injuries or damages of any kind sustained in connection with the acceptance, use, misuse, or awarding of the prize or while preparing for, participating in, and/or traveling to or from any prize or Sweepstakes-related activity including, without limitation, any injury, damage, loss, death or accident to/of person or property. The limitations set forth in this section will not limit or exclude the Released Parties’ liability for personal injury or tangible property damage caused by the Released Parties, or for the Released Parties’ gross negligence, fraud, or intentional, willful, malicious, or reckless misconduct.
To the fullest extent permitted by applicable law, each winner agrees that the prize is provided as-is without any warranty, representation, or guarantee, express or implied, in fact or in law, whether now known or hereinafter enacted, relative to the use or enjoyment of the prize, including, without limitation, its quality, merchantability, or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective manufacturers’ terms therefore, and winners agree to look solely to such manufacturers for any such warranty and/or guarantee.
Each entrant understands and agrees that all rights under Section 1542 of the Civil Code of California and any similar law of any state or territory of the United States are hereby expressly waived by him/her. Section 1542 reads as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
7. ADDITIONAL DISCLAIMERS: Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the entrant, or by human error: entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or entries in excess of any stated limit; any lost, late, incomplete, illegible, unintelligible, garbled, mutilated, or misdirected entries, email, Instagram direct message, mail, or Sweepstakes-related correspondence or materials or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Official Rules, in any Sweepstakes-related advertisements, or other materials; failures of electronic equipment, computer hardware, or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications. The Released Parties are not responsible for electronic communications that are undeliverable or otherwise not received or noticed by entrant as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email or voicemail inbox to receive email or voicemail messages. Released Parties are not responsible, and may disqualify you, if your email address, Instagram account, or other contact information does not work or is changed without prior written notice to Sponsor. Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any entrant or winner (or any person claiming through such entrant or winner) for failure to supply a prize or any part thereof in the event that any of the Sweepstakes activities or Released Parties’ operations or activities are affected by any cause or event beyond the sole and reasonable control of the applicable Released Party (as determined by Sponsor in its sole discretion), including, without limitation, by reason of any acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, epidemic, fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, any law, rule, regulation, action, order, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above.
8. GENERAL RULES: By entering a Sweepstakes (except where prohibited by law), each entrant grants the Released Parties the irrevocable, sublicensable, absolute right and permission to use, publish, post or display her or his name, photograph, likeness, voice, prize information, biographical information, any quotes attributable to her or him, other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Released Parties’ sole discretion) and Entrant Content for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to her or him, anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), worldwide, without any limitation of time, and without notice, review, or approval and each entrant releases all Released Parties from any and all liability related thereto. Nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted herein and entrant waives any right to inspect or approve any such use.
Sponsor’s decisions will be final in all matters relating to this Sweepstakes, including interpretation of these Official Rules, acceptance or rejection of purported entries, determination of the winner, and awarding of the prize. All participants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from this Sweepstakes. Participants further agree to not damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. Sponsor reserves the right to restrict or void online entries or participation from any Social Media Platform account or other identifiable source if any suspicious entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void entries of any entrants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness, or proper play of this Sweepstakes. Sponsor’s failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy, or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency within these Official Rules), it will be resolved by Sponsor in its sole discretion. Entrants waive any right to claim ambiguity in the Sweepstakes structure or these Official Rules. If Sponsor determines, at any time and in its sole discretion, that a winner or potential winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, or harass any other person, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. The Released Parties are not responsible and will have no liability for any purported Entry Materials or other content that is removed from a Social Media Platform for any reason at any time, including removal by Instagram of content that would otherwise qualify as an entry in response to such content being “flagged” or reported as inappropriate. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The Released Parties are not responsible for any changes to or unavailability of a Social Media Platform that may interfere with the Sweepstakes (including any limitations, restrictions, or conditions placed upon Sponsor's ability to use such Social Media Platform for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes. If any Sweepstakes is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes or any Sweepstakes and award the prizes from eligible, non-suspect entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. If any person supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. In the event of a dispute concerning the identity of a participant, the participant will be declared to be the registered account holder of the email address or Social Media Platform used for entry, but only if that person meets all other eligibility criteria, otherwise the entry may, in Sponsor’s sole discretion, be disqualified and any potential prize won forfeited. A registered account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Winner may be required to show proof of being the registered account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, in its sole discretion, the entry will be deemed ineligible. Caution: any attempt to damage any online service or to undermine the legitimate operation of the Sweepstakes may violate criminal and civil laws. If such an attempt is made, Sponsor may disqualify any participant making such attempt and may seek damages to the fullest extent permitted by law.
9. ARBITRATION AGREEMENT / GOVERNING LAW: Please read this carefully. It affects your rights. You agree that these Official Rules and your participation in the Sweepstakes are governed by the laws of the state of California. All legal proceedings arising out of or in connection with the offer of these Official Rules shall be brought solely in Santa Clara County, California, United States of America. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.
You and Shutterfly agree that any dispute, claim or controversy arising out of or relating in any way to the Sweepstakes or these Official Rules shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Official Rules, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Shutterfly are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of the Sweepstakes.
If you elect to seek arbitration or file a small claim court action, you must first send to Shutterfly, by certified mail, a written Notice of your claim (“Notice”). The Notice to Shutterfly must be addressed to: General Counsel, Shutterfly, LLC, 10 Almaden Blvd., Suite 900, San Jose, CA 95113 (“Notice Address”). If Shutterfly initiates arbitration, it will send a written Notice to the email address used for your account or otherwise attempt to contact you on the Social Media Platform. A Notice, whether sent by you or by Shutterfly, must (a) describe the nature and basis of the claim or dispute; (b) set forth the specific relief sought and the basis for the calculations; (c) include your name, the email address or phone number used for entry, your current phone number, mailing address, and email address, and your signature; and (d) if you have retained an attorney, your signed statement authorizing Shutterfly to disclose your confidential account records to your attorney if necessary in resolving your claim. If Shutterfly and you do not reach an agreement to resolve the claim within 60 days after the Notice is received, you or Shutterfly may (i) commence an arbitration proceeding or (ii) file a claim in small claims court for individual disputes or claims within the scope of that court’s jurisdiction. Either party may also invoke any applicable arbitration rules allowing parties to elect a small claims court option for an individual dispute. The parties agree that the notice required by this Section is a material provision of these Terms.
You may download or copy a form Notice and a form to initiate arbitration at www.adr.org.
With the exception of “Mass Arbitrations,” as defined in the following paragraph, all arbitrations will be governed by the Consumer Arbitration Rules (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. Unless Shutterfly and you agree otherwise, any arbitration hearings will take place virtually or in the county of your residence.
In the event 25 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and Shutterfly agree that the demands will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and Shutterfly agree that it shall not be governed by the AAA Rules or administered by the AAA. Instead, a Mass Arbitration shall be administered by National Arbitration & Mediation (“NAM”), a nationally recognized arbitration provider, and governed by the NAM rules in effect when the Mass Arbitration is filed as modified by this Agreement, including the NAM Mass Filing Supplemental Dispute Resolution Rules, but excluding any rules that permit arbitration on a class-wide basis (collectively, the “NAM Rules”). The NAM Rules are available at www.namadr.com or by calling 1-800-358-2550. You and Shutterfly agree that if either party fails or refuses to commence the Mass Arbitration before NAM, you or Shutterfly may seek an order from a court of competent jurisdiction compelling compliance with this agreement and compelling administration of the Mass Arbitration before NAM. Pending resolution of any such requests to a court, you and Shutterfly agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. You and Shutterfly acknowledge that either party’s failure to comply with this paragraph would irreparably harm the other, and you and Shutterfly agree that a court may issue an order staying the arbitrations (and any obligation to pay arbitration fees) until any disagreements over the provisions of this paragraph are resolved by the court, including any disagreements about the applicability of the Mass Arbitration process.
The arbitrator is bound by the terms of these Official Rules. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the rules of the applicable dispute resolution provider (i.e., the AAA Rules or the NAM Rules). Your and Shutterfly’s right to recover attorneys’ fees, costs and arbitration fees, shall be governed the laws that apply to the parties’ dispute, as well as any applicable arbitration rules.
You and Shutterfly agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If any provision of this paragraph is determined to be unenforceable with respect to any claim or any particular remedy for a claim (such as a request for public injunctive relief), then the parties agree that the claim or particular remedy (and only that claim or remedy) must be decided by a court after all other claims and requests for relief are arbitrated.
10. PRIVACY: As described elsewhere in these Official Rules, Sponsor collects certain information from Entrants, including personal information of individual Entrants, for purposes of administering the Sweepstakes and complying with applicable laws, regulations, and rules. By participating in the Sweepstakes, Entrant gives consent for Sponsor and its agents to use and provide such personal information (e.g., name, Instagram username, contact information), and other information and content provided by Entrant in connection with the Sweepstakes, to third parties for purposes of administering the Sweepstakes and complying with applicable laws, regulations and rules. In addition, certain information about each Entrant and each Entrant’s Entrant Content, may be publicly visible on Instagram and elsewhere as posted or made available by Sponsor, and Sponsor may use such information to communicate with Entrants about the Sweepstakes status, or for advertising, trade, publicity, and promotional purposes according to the rights granted in these rules and other Sweepstakes-related documents. You may also be offered the opportunity to receive additional communications from Sponsor about its products, and upcoming contests and promotions. By participating in the Sweepstakes, each Applicant agrees to the Shutterfly Privacy Policy: https://www.Shutterfly.com/privacy-policy/.
Except where prohibited by law, by accepting a prize, each winner agrees to Sponsor’s use of his/her name, entry, city/state of residence, picture, biographical information, statements, voice and likeness in any advertising and publicity Sponsor may so choose, in any media or format, whether now known or hereafter developed, including, but not limited to, the World Wide Web, at any time or times in perpetuity, without further compensation or notice.
Your participation may require you to log into third party Social Media Platform account(s). Doing so may allow us to collect (or the third party to share) information about you. The information collected and stored by the third party remains subject to the third party’s privacy practices, including, without limitation, whether the third party continues to share information with us, the types of information shared, and your choices with regard to what is visible to others on that third-party website or service. Sponsor is not responsible for the privacy or other practices employed by any third party.
11. FIRST 25 ENTRIES OFFER: The first 25 entrants, as recorded by Sponsor, will receive one (1) ten dollar ($10) off Shutterfly coupon. This offer expires December 31, 2024 (11:59 P.M. PT). Offer is good for $10 off your order when you spend $10 or more (before taxes and shipping) on qualifying merchandise through shutterfly.com or the Shutterfly app. Not valid on Tiny Prints products, prepaid or annual savings plans, video plans, yearbook orders, gift cards, cards sent using mailing services, designer review services, orders placed for in-store pick up and prior purchases. Offer cannot be combined with other code-based %-off or $-off offers. Promo can only be redeemed once per account and/or billing address. Code can only be entered once. Taxes and shipping may apply. Shutterfly may refuse or cancel orders due to altered, unauthorized or ineligible use of promotion. Offer cannot be redeemed for cash or combined with select offers or credits. Not valid for resale. Shutterfly may modify or replace any part of these terms and conditions without notice at any time.
12. WINNER’S LIST/OFFICIAL RULES: A copy of these Official Rules is available online during the Sweepstakes Period by visiting www.shutterfly.com/sweepstakes or www.shutterfly.com/deals/3-flash/. For information about who won, send an email with the subject line: “Shutterfly Meaningful Connections Sweepstakes Winners” to Social@Shutterfly.com. Requests for winner information must be received no later than three (3) months after the end of the Sweepstakes Period.
13. SPONSOR: Shutterfly, LLC, 10 Almaden Boulevard, San Jose, CA 95113.