Tayo Friyay Giveaway

OFFICIAL RULES

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED DURING EACH ENTRY PERIOD. VOID IN QUEBEC AND WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION.

BY ENTERING/PARTICIPATING IN THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH SHALL BE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SWEEPSTAKES ENTITIES (DEFINED BELOW) FROM YOU, MANDATORY ARBITRATION OF DISPUTES AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

 1. Eligibility. The “Tayo Friyay Giveaway” (“Sweepstakes”) is only open to individuals who are legal residents of and physically located in one (1) of the fifty (50) United States, the District of Columbia or Puerto Rico or any province in Canada (except Quebec), who are eighteen (18) years of age or older at the time of entry. Employees, officers and directors of ABS-CBN International and ABS-CBN Canada ULC (collectively, “Sponsor”) and parents, affiliates and subsidiaries (collectively, the “Sweepstakes Entities”), and each of such employees, officers and directors immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to enter the Sweepstakes or win a prize. For purposes of this Sweepstakes, immediate family members are defined as spouse, domestic partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren. Void in Quebec and where prohibited by law. By entering this Sweepstakes, each entrant represents and warrants that he or she meets these eligibility requirements and has read, accepts and will comply with these “Official Rules” and each entrant acknowledges that any violation thereof may disqualify entrant from the Sweepstakes.

2. Sweepstakes Period. There will be ten (10) sets of entry periods (each, an “Entry Period”) during the Sweepstakes Period, i.e.

Entry Period 1 – 4:00 p.m. on November 15, 2019 to 11:59 a.m. on  November 18, 2019
Entry Period 2 – 4:00 p.m. on November 22, 2019 to 11:59 a.m. on  November 25, 2019
Entry Period 3 – 4:00 p.m. on November 29, 2019 to 11:59 a.m. on  December 2, 2019
Entry Period 4 – 4:00 p.m. on December 6, 2019 to 11:59 a.m. on  December 9, 2019
Entry Period 5 – 4:00 p.m. on December 13, 2019 to 11:59 a.m. on  December 16, 2019 
Entry Period 6 – 4:00 p.m. on December 20, 2019 to 11:59 a.m. on  December 23, 2019
Entry Period 7 – 4:00 p.m. on December 27, 2019 to 11:59 a.m. on  December 30, 2019
Entry Period 8 – 4:00 p.m. on January 3, 2020 to 11:59 a.m. on  January 6, 2020 
Entry Period 9 – 4:00 p.m. on January 10, 2019 to 11:59 a.m. on  January 13 , 2019
Entry Period 10 – 4:00 p.m. on January 17, 2019 to 11:59 a.m. on  January 20 , 2019
 
3. How to Enter. There is only one (1) way to enter the Sweepstakes. Using your Instagram account, perform the task posted on the official Tayo News Instagram account (tayo_news) (the “IG account”).
 
ENTRY PERIOD TASK
1 Tag your “newsiest” friend and share you love most about Tayo News.
2 Share your favorite silog as a comment and get a chance to win a #BeingFilipino Cap.
3 Tell us which Filipino drink you love most and tag a friend to get a chance to win a TAYO Water Bottle!
4 If you can’t get enough of ube, comment your favorite kind of ube to win a Jar of Ube Halaya!
5 Comment what merch you’d want next and get to win TAYO stickers!
6 Comment your favorite Filipino Legend.
7 Tell us two things you can find in a Filipino mom’s bag.
8 Tag 4 friends you’d go on a road trip with, and tell us where the dream road trip is this year.
9
Answer this question, and tag 3 friends:
If you had three arms, how would you use them?
10 Answer the question and tag 5 friends.
Entries must be received by 11:59 a.m. PST on November 18, 2019 to be eligible for the first Entry Period’s drawing. Entries must be received by 11:59 p.m. PST on November 25, 2019 to be eligible for the second Entry Period’s drawing. Entries must be received by 11:59 p.m. PST on December 2, 2019 to be eligible for the third Entry Period’s drawing. Entries must be received by 11:59 p.m. PST on December 9, 2019 to be eligible for the fourth Entry Period’s drawing. Entries must be received by 11:59 p.m. PST on December 16, 2019 to be eligible for the fifth Entry Period’s drawing. Entries must be received by 11:59 p.m. PST on December 23, 2019 to be eligible for the sixth Entry Period’s drawing. Entries must be received by 11:59 p.m. PST on December 30, 2019 to be eligible for the seventh Entry Period’s drawing. Entries must be received by 11:59 p.m. PST on January 6, 2020 to be eligible for the eighth Entry Period’s drawing.Entries must be received by 11:59 p.m. PST on January 13, 2020 to be eligible for the ninth Entry Period’s drawing. Entries must be received by 11:59 p.m. PST on January 20, 2020 to be eligible for the tenth Entry Period’s drawing. Entries will not be carried forward for any subsequent drawing.
 
There is a limit of one (1) entry per person per Entry Period of the Sweepstakes Period. Subsequent attempts made by the same individual to submit multiple registration entries by using multiple or false contact information or otherwise may be disqualified. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects. The IG Account’s database clock will be the official timekeeper for this Sweepstakes. For purposes of this Sweepstakes, only entries that are recorded on the IG Account’s servers will be considered. Other proof of submitting an entry (such as a printed or copied screen or message) does not constitute proof of actual receipt of the entry purposes of this Sweepstakes. All entries submitted become property of Sponsor and will not be acknowledged or returned. Entries generated by a script, computer program, macro, programmed, robotic or other automated means will not be accepted and will be void. Entries that are in excess of the stated limits, incomplete, corrupted, damaged, destroyed, forged, false, lost, late, garbled, misdirected, deceptive or otherwise not in compliance with these Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. Incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified.

3. Winner Selection and Prize Claiming. The respective potential winners for each Entry Period will be selected, in random drawings from among all eligible entries received during each Entry Period in accordance with these Official Rules, which drawings will be conducted by a representative of Sponsor and will take place within a commercially reasonable time after the conclusion of each Entry Period. Sponsor will have complete discretion over interpretation of these Official Rules, of administration of the Sweepstakes, and of selection of the winners. Decisions of the Sponsor as to the administration of the Sweepstakes, interpretation of the Official Rules, and the selection of the winners will be final. The number of potential winners for each Entry Period are listed below:

Entry Period 1: 5 winners
Entry Period 2: 1 winner
Entry Period 3: 3 winners
Entry Period 4: 5 winners
Entry Period 5: 10 winners
Entry Period 6: 3 winners
Entry Period 7: 1 winner
Entry Period 8: 1 winner
Entry Period 9: 1 winner
Entry Period 10: 10 winners
 
Each potential winner will be notified that he/she has been selected as the potential winner in this Sweepstakes by Instagram Direct Messaging, in Sponsor’s sole discretion. The potential winners of the Sweepstakes may (in Sponsor’s sole discretion) be required to execute an affidavit/declaration of eligibility/release of liability/prize acceptance agreement (the “Prize Acceptance Release”) and return the Prize Acceptance Release before being eligible to receive his or her prize. If the potential prize winner fails or refuses to sign and return such Prize Acceptance Release within five (5) days of the first (1st) notification attempt or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner (in Sponsor’s sole discretion) may be disqualified and an alternate may (in Sponsor’s sole discretion) be selected. If winner is a Canadian resident, he/she must answer in a manner specified by Sponsor, unaided a time-limited arithmetic skill-testing question as a condition to receiving a prize. Parents or legal guardians of any prize winner at least eighteen (18) years of age but under the age of majority in Alabama and Nebraska (19) or Mississippi ( 21) or any province where 18 is still deemed a minor may be required to also sign the Prize Acceptance Release in order for the prize winner to be qualified to receive their prize. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, he or she may be disqualified in Sponsor’s sole discretion, and an alternate potential prize winner may then, in Sponsor’s sole discretion, be randomly selected. The Prize Acceptance Release is subject to verification by Sponsor. Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted misdirected, or unsuccessful efforts to notify the potential winner(s), or if potential winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent. When a potential winner is contacted, he/she will have a stated period of time within which to respond to the notification, or he/she will be disqualified and his/her prize forfeited, and an alternate potential winner may be randomly selected.

4. Odds. Odds of winning a prize depend on the number of eligible entries received during each Entry Period.

5. Prizes and Approximate Retail Value. For each Entry Period, the prizes are as follows: For Entry Period 1, TAYO pop socket with ARV of US$6.65 each. For Entry Period 2, #BeingFilipino cap with ARV of US$12.99. For Entry Period 3, TAYO water bottle with ARV of US$6.04. For Entry Period 4, a jar of ube halaya with ARV of US$8.98. For Entry Period 5, TAYO sticker set with ARV of US$3.70. For Entry Period 6, Hoy! A Philippine Islands Activity Book with ARV of US11.49. For Entry Period 7, 2 tickets to Jo Koy Just Kidding World Tour with ARV of US$ 187.50 each. For Entry Period 8, five (5) TAYO t-shirt with ARV of US$5.80. For Entry Period 9, a Tenikle 2.0 - Basic with ARV of US$29.98. For Entry Period 10, a TAYO bag with ARV of US$2.85.

Sponsor is not responsible for and winner will not receive the difference, if any, between the actual value of the prize at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or materials. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide a winner with their prize, the Sponsor may elect, to provide winner(s) with the approximate value of such item in cash or award an alternate prize of comparable or greater value. If Sponsor determines at any time, in its sole discretion, that a winner or potential winner is disqualified, ineligible, in violation of these Official Rules, 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. All prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).

Prize winner(s) will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive, regardless of whether it, in whole or in part, is used. The ARV of the prize is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Any unclaimed prize will be forfeited. Sponsor will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address. 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.

6. Publicity Release. Subject to applicable law, each winner irrevocably grants the Sweepstakes Entities and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use his/her name, voice, likeness, and/or biographical material for advertising, promotional, publicity and/or content purposes in connection with the Sweepstakes, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prize to that winner. Entrants agree not to issue any publicity concerning the Sweepstakes Entities.

7. Tampering with Sweepstakes. The Sweepstakes Entities are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes. ANY ATTEMPT BY A PERSON TO DAMAGE THE IG ACCOUNT OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.

8. Suspension / Modification / Termination. In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Sweepstakes. Sponsor additionally reserves the right, in its sole and absolute discretion: (1) to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (2) to disqualify any entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Sweepstakes; (b) acting in violation of these Official Rules; or (c) acting in an un-sportsmanlike manner and in any of the circumstances listed above, winners will be selected from among all eligible entries received per Entry Period prior to cancellation.

9. Waivers, Disclaimers and Releases. By participating in the Sweepstakes, entrants agree to release, discharge and hold harmless the Sweepstakes Entities from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrants’ participation in the Sweepstakes and/or related to any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Sweepstakes; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize). Without limiting the generality of the foregoing, entrants agree that Sweepstakes Entities: (A) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Sweepstakes and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose; (B) maintain no control over the personnel, equipment or operation of the company, hotel, manufacturer or other person or entity furnishing services, or products (“Suppliers”) as a part of the prize provided in connection with the Sweepstakes; and (C) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (1) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (2) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (3) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Sweepstakes Entities, and (4) by any cause, condition or event whatsoever beyond the control of the Sweepstakes Entities. Entrants agree and that the Sweepstakes Entities shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor or entrant; interruption or inability to access the IG Account, any website or any Sponsor or affiliated entities’ respective websites, or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Sweepstakes Entities. Each entrant further agrees to indemnify and hold harmless the Sweepstakes Entities from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities and hereby acknowledge that the Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a Supplier that may be sent along with a prize. Sponsor is not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California in the U.S. (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.

10. Entry Information and Sweepstakes Communications. As a condition of entering the Sweepstakes, each entrant gives consent for the Sweepstakes Entities to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and comply with applicable laws, regulations and rules. Any information entrants provide to Sponsor may be used to communicate with entrant in relation to these Sweepstakes or on a Sweepstakes winners’ list. Submitting an entry enrolls customer in Sponsor’s mailing list. Opt out by calling 1-800-227-9676. Sponsor will not sell customer information to third-party marketing companies. In the event of a dispute concerning the identity of a participant who enters using the IG Account, the participant will be declared to be the registered account holder of the e-mail address of record for the account making use of the IG Account at the time of entry, but only if that person meets all other eligibility criteria, otherwise the entry may be disqualified and any potential prize won will be forfeited in Sponsor’s sole discretion. A registered account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Winner(s) may be required to show proof of being the registered account holder. The Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages.

11. Governing Law / Limitation of Liability. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants or the Sweepstakes Entities in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of New York in the U.S., without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s/province’s laws.

BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

12. Dispute Resolution/Arbitration. The parties agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there’s no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. The parties hereto each also agree as follows: If either of the parties wants to arbitrate a dispute, the parties agree to send written notice to the other providing a description of the dispute and the proposed resolution. Sponsor will send notice to you based on the contact information you have provided us and notice to us must be sent to: ABS-CBN International, Attn: Legal Department, 150 Shoreline Drive, Redwood City, CA 94065 USA. The parties agree to make attempts to resolve the dispute. If the parties cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then either party may submit the dispute to formal arbitration. The FAA applies to these Official Rules and arbitration provision. We each agree the FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”) under its consumer arbitration rules. If any AAA rule conflicts with these Official Rules, these Official Rules apply. You can obtain procedures, rules, and fee information from the AAA at 1-800-778-7879 or www.adr.org. In the event AAA is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, than either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) or any other mutually agreeable arbitration administration service. The arbitration will be conducted by a single neutral arbitrator and will take place in New York, NY. The federal or state law that applies to these Official Rules will also apply during the arbitration. The parties each agree not to pursue arbitration on a class-wide basis. The parties each agree that any arbitration will be solely between you and us (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate does not apply and the dispute must be brought in court. The prevailing party in the arbitration will be entitled to recover its costs and expenses, including reasonable attorneys’ fees and experts’ fees, which are incurred in connection with the arbitration; provided, however, if applicable law requires Sponsor to pay the arbitrator’s fee in order for the arbitration provision to be enforceable, Sponsor shall have the discretion to elect to pay such fees and proceed to arbitration. Either party may bring qualifying claims in small claims court. In no event shall any entrant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation of this Sweepstakes (or any IG Account connected therewith), exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Sweepstakes (or any IG Account or any content or other materials used or displayed on the IG Account used in connection with the Sweepstakes).

13. Sponsor. The Sponsor of the Giveaway is ABS-CBN International, located at 2001 Junipero Serra Blvd. Suite 200, Daly City, 94014, and ABS-CBN Canada ULC, located at 300 Consilium Place, Unit 105 Toronto, ON M1H 3G2

14. Miscellaneous. The invalidity or unenforceability of any provision of these Official Rules or the Prize Acceptance Release will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Prize Acceptance Release is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. When terms such as “may” are used in these Official Rules, Sponsor has sole and absolute discretion. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on the IG Account and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram. You understand that you are providing your information to Sponsor and not to Instagram.