Muscular Dystrophy Association MDA x Magic Wheelchair Giveaway OFFICIAL RULES
To enter and participate in this Sweepstakes, you must agree to and abide by these Official Rules.
No PURCHASE OR DONATION Necessary To Enter Or Win. A DONATION OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. You must have Internet access and an active Instagram account to participate. Must be following @MDAorg and @MagicWheelchair on Instagram in order to be eligible to win.
- Eligibility: The “MDA x Magic Wheelchair Giveaway” (the “Sweepstakes”) is open only to legal residents of the forty-eight (48) Contiguous United States and Washington D.C., who are at least eighteen (18) years of age (or the age of majority in the jurisdiction of their residence, whichever is older). To enter, individuals must use a wheelchair or be the parent, guardian, or caregiver of a child or adult that uses a wheelchair, and the individual should be a member of the neuromuscular disease community. Employees of the Muscular Dystrophy Association, Inc (“MDA” or "Sponsor"), MWW Group LLC (“Administrator”), Magic Wheelchair, or any organizations/independent contractors promoting, sponsoring, fulfilling, administering the Sweepstakes, and each of their respective parent, subsidiary, related and affiliated companies, (collectively, the “Promotion Entities”), and the immediate family and household members of all such foregoing individuals, are not eligible to enter or win. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three (3) months a year, whether related or not. For the avoidance of doubt, individuals who volunteer for MDA ARE eligible. Potential winners may be required to provide proof of eligibility prior to Prize award. Void in AK, HI and where prohibited or restricted by law.
This is a promotion by Muscular Dystrophy Association, Inc. Instagram does not sponsor, endorse, or administer this promotion and is not responsible for it.
- Sweepstakes Schedule: The Sweepstakes will run from about 9:00AM Eastern Time (“ET”) on Monday, October 24, 2022 to 5:00PM ET on Thursday, October 27, 2022 (“Promotion Period”). Administrator’s computer is the official clock for the Sweepstakes (as applicable).
- Sweepstakes Entry: During the Promotion Period, there is one (1) way to enter (“Entry”):
Instagram Entry: Navigate to the Sponsor’s Instagram Account @MDAorg (“Account”) and comment on with a heart emoji on at least one (1) Account post during the Promotion Period.
Each comment counts as one (1) Entry, and multiple Entries are permitted. Limit of four (4) Entries per person throughout the Promotion Period. Multiple Entries in violation of the preceding limits, or mass entry attempts may result in disqualification of all entries by such person/Instagram account. Entries must be manually key-stroked by the entrant; use of automated entry devices or programs are prohibited.
BY SUBMITTING AN ENTRY, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND FULLY AGREE TO THESE OFFICIAL RULES. DO NOT SUBMIT AN ENTRY WITHOUT FIRST REVIEWING THESE OFFICIAL RULES.
If for any reason the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures, Acts of God, acts or regulations of any governmental or supra-national authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, epidemic/pandemic, acts of terrorism, or other matters beyond Sponsor's control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to terminate, modify or suspend the Sweepstakes. In such event, Sponsor reserves the right to conduct the Sweepstakes and award the Prize in a manner which is fair, appropriate and consistent with these Official Rules, as determined by Sponsor in its sole discretion. Notice of termination/modification/suspension of Sweepstakes will be posted on the Account. Without limitation of any other term herein, Sponsor and its agencies are not responsible for failed, partial or garbled computer transmissions, technical failures of any kind (including but not limited to electronic malfunction or damage of any network, hardware or software), any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or loss, destruction or unauthorized access to, or alteration of, entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or electronic entry to be timely received or received altogether on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer related to or resulting from participation in this Sweepstakes.
Entrants further agree not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes.
CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR ACCOUNT OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
- Random Drawing and Odds: Potential prize winners (one (1) winner and five (5) alternate winners) will be selected in a random drawing on or about October 28, 2022, after 9:00AM ET. Drawing will be conducted by Administrator utilizing a random number generator (Random.org). Administrator’s decisions are final and binding on all matters related to the drawing.
Odds of winning the Prize depends on total number of eligible Entries received during the Promotion Period.
- Winner Notifications: The potential winner will be notified through Sponsor’s direct message (“DM”) from Sponsor on or about October 28, 2022, after 9:00AM ET. Failure to contact Sponsor by DM within twenty-four (24) hours after notification may result in forfeiture of winner status and the Prize, at Sponsor’s sole discretion. Potential winner may be required to sign and return, within three (3) business days from date of transmission, an Affidavit/Declaration of Eligibility, Release and Indemnification, W-9, and a Publicity Release where allowed by law and any other documentation required by Sponsor (collectively, “Winner Documents”). If the Winner Documents are not returned within the specified time period (if applicable), a potential winner may be disqualified. If a potential winner is disqualified for any reason, an alternate winner will be randomly selected from the five (5) alternate winners.
In the event of any dispute concerning the identity of any entrant, the Entry will be deemed submitted by the natural person who is the authorized holder of the transmitting Instagram account.
- Prize, Approximate Retail Value (“ARV”), and Fair Market Value (“FMV”):
Prize (One  Winner): Winner will receive one (1) custom Magic Wheelchair costume experience (“Prize”) that can be used for Halloween, Comic Con, or any similar costume event during the 2022 calendar year. Award of the Prize will require a consultation with Magic Wheelchair and an eight (8) week lead-time to build the costume. The Prize will only be delivered to a street address in the forty-eight (48) Contiguous United States or Washington, D.C.
ARV of Prize: $2000.00. Shipping is included.
FMV of Prize: $0. Magic Wheelchair costume experiences are not available for sale and are provided on a donation basis only. Please consult with a tax professional to determine your Prize tax liability, if any.
Federal, state and local taxes are the sole responsibility of the winner.
No substitution or transfer of the Prize (or portion thereof) by winner except with Sponsor’s permission. If for any reason the Prize is unavailable, Sponsor reserves the right in its sole discretion to award a substitute prize, or portion of the prize, of comparable or greater value as set forth in these Official Rules. Winner is solely responsible for any and all unspecified expenses in conjunction with acceptance and use of Prize. Sponsor shall have no responsibility or obligation to a winner who is unable or unavailable to, or who does not for any reason, accept or utilize a Prize or any portion thereof. Winners agree to comply with any additional terms and conditions applicable to the Prize. Any prizes pictured in advertising and other Sweepstakes materials are for illustrative purposes only.
PRIZE IS AWARDED “AS IS;” SPONSOR, ADMINISTRATOR, AND MAGIC WHEELCHAIR MAKE NO WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE COMPONENT, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- Conditions and Limitations of Liability: By participating, each entrant agrees: (a) to be bound by these Official Rules and the decisions of Sponsor, which shall be final in all respects; and (b) to release, discharge and hold harmless Instagram, each of the Promotion Entities, each of their respective advertising and promotion agencies, each of the foregoing entities’ respective parent, subsidiary, related, affiliated and successor companies, and each of their respective officers, directors, agents, representatives and employees (collectively, the “Released Parties”) from any and all actions, claims, injury, loss or damage, including, without limitation, death and bodily injury, arising in any manner, directly or indirectly, in whole or in part, from participation in this Sweepstakes or any Sweepstakes-related activity, and/or from entrant’s acceptance, receipt, use or misuse of any prize or component thereof (including without limitation, any failure to pay taxes thereon). By accepting the Prize, winner, grants Sponsor, Magic Wheelchair, and their respective designees permission to use his/her/their name, voice, likeness, photograph, Prize information, biographical data, and city and state of residence on a winner’s’ list (if applicable) and for programming, publicity and promotional purposes, worldwide in all forms of media now known or hereafter developed, in perpetuity, without further compensation unless prohibited by law. To the extent that winner transfers the Prize to his/her/their child, winner grants to Sponsor the rights to use that child’s name, voice, likeness, etc. as described in the previous sentence. Winner agrees to execute any releases and waivers required by Sponsor and Magic Wheelchair in order to receive the Prize. Sponsor, Magic Wheelchair, and their designees are not obligated to use any of the above-mentioned information or materials but may do so and may edit such information or materials, at their sole discretion, without further obligation or compensation. Sweepstakes is subject to the laws of the United States only. All federal, state and local laws and regulations apply. All Entries become the property of Sponsor and will not be acknowledged.
- Disputes/Choice of Law: To the fullest extent permitted by law, by participating in the Sweepstakes, you agree:
(a) that any action at law or in equity arising out of or relating to these Official Rules or this Sweepstakes shall be filed exclusively in the Federal or State Courts situated in the State and County of New York;
(b) to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action, waiving any right of change of venue, forum non conveniens or the like;
(c) that any such action shall be resolved individually, NOT as part of a class action;
(d) these Official Rules and this Sweepstakes shall be governed by the internal substantive laws of the State of New York without regard to the choice of law/conflict of law principles; and
(e) that any claims/judgments/awards shall be limited to reasonable actual out-of-pocket costs incurred (if any), with all other forms of damages, remedies and relief being expressly waived, and under no circumstances will you be awarded attorneys’ fees.
- Sponsor: Muscular Dystrophy Association, 161 N Clark St Ste 3550, Chicago, IL 60601.
- Administrator: MWW Group LLC, 1250 Broadway, 3rd Floor, New York, NY, 10001
- Winners’ List: For the name of the Winner, you may send an email to firstname.lastname@example.org with “MDA x Magic Wheelchair Giveaway Winners” in the subject line. All such requests must be received by 9 a.m. ET on November 7, 2022.