ONE WORLD OVERLAND PRESENTS
One World Overland (1WO) Official Photo & Video CONTEST
OPEN TO RESIDENTS OF THE 48 Continental UNITED STATES, 18 YEARS OF AGE OR OLDER (or the Age of Majority in Your State, if Different) AS OF THE DATE OF ENTRY. SEE ELIGIBILITY REQUIREMENTS BELOW FOR MORE DETAILS. By entering, entrant agreeS that the Sponsor or its clients shall not bear any liability for, and entrants agree to release, indemnify and hold Sponsor harmless from any losses, damages, claims, actions and any liability of any kind resulting from participation. Void where prohibited or restricted by law. ALL APPLICABLE NATIONAL AND LOCAL LAWS AND REGULATIONS OF THE COUNTRY IN WHICH THE ENTRANT RESIDES APPLY. THE CONTEST IS VOID WHEREVER ELSE IT IS RESTRICTED OR PROHIBITED BY LAW.
AN ENTRY FEE IS REQURIED TO ENTER THIS SKILL-BASED CONTEST. WINNER WILL BE DETERMINED BASED ON BOTH OBJECTIVE AND SUBJECTIVE CRITERIA, AS SET FORTH IN THESE RULES. AT NO TIME WILL THE WINNER BE CHOSEN BY RANDOM SELECTION.
BY PARTICIPATING, YOU AGREE TO THESE OFFICIAL RULES AND ANY ADDITIONAL RULES PROVIDED ON THE WEBSITE, WHICH ARE A CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. THESE RULES CONTAIN ARBITRATION AND DISPUTE RESOLUTION PROVISIONS THAT AFFECT THE WAY IN WHICH ANY CLAIM OR DISPUTE BETWEEN YOU AND THE SPONSOR WILL BE RESOLVED.
- SPONSOR: The sponsor of this contest is One World Overland, a Colorado corporation with a principal place of business at 426 Norfolk St., Aurora Co 80011. (“One World Overland”).
- ADMINISTRATOR: The administrator of this contest is One World Overland, a Colorado corporation with a principal place of business at 426 Norfolk St., Aurora CO, 80011.
- Overview of the Contest: The One World Overland (also “1WO”) Official Photo & Video Contest begins June 3rd, 2017 at 11:59:00 p.m. US Eastern Daylight Time (“EDT”) and ends February 1st, 2018, 12:00:00 p.m. EDT (the “Promotion Period”). An Extended deadline of February 15th, 2018 will be issued after February 1st, 2018, at 12:00:00 p.m. EDT with a $35 per entry late fee (the “Extended Entry Deadline”). All entries must be received by the Extended Entry Deadline. Information on how to enter and prizes form part of these official rules (“Official Rules”). By submitting an entry, each entrant unconditionally accepts and agrees to the Official Rules and warrants that his or her entry complies with all requirements set out in the Official Rules and the decisions of Sponsor. This is a skill-based contest and chance plays no part in the determination of winners.
- WHO IS ELIGIBLE TO PARTICIPATE: Contest is open only to individuals who have reached the age of majority in their jurisdiction of residence at the time of entry and who reside in the 48 continental United States and the District of Columbia. Officers, directors and employees of Sponsor, and its subsidiaries and affiliates (all such individuals and entities collectively referred to herein as the “Promotion Entities”), and their respective immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they live) or persons living in the same households of such employees, whether or not related are not eligible to enter the Contest or win a prize. This Contest is void in Alaska, Arizona, Delaware, Hawaii, Louisiana, Maryland, Michigan, Tennessee, Puerto Rico and other U.S. Commonwealths, Territories and jurisdictions (including overseas military installations) and where prohibited.
- AGREEMENT TO OFFICIAL RULES: Participation in this Contest constitutes Entrant’s full and unconditional agreement to these Official Rules, all additional rules or guidelines provided on the Website, and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules.
- HOW TO ENTER: A standard internet connection is required to access the Website, and the entrant is responsible for internet connection charges. There is no mail-in entry.
Each entry consists of an entry form, a photograph (or series of photos, if such entry category is selected) or video entry and an entry fee (collectively, the “Submission”). The entry fee is US$129.00 per entry, plus any late fee required for entries submitted during the Extended Entry Deadline period. On the Website entry page, you will be given the option to select the ‘SWAG package’ of your choosing. While the entry fee is $129.00, there are some ‘SWAG package’ options that add an additional cost to the entry fee, for a final price that is greater than $129.00. Purchase of a ‘SWAG package’ with a final price over $129.00 will not have any impact on your judging of your entry. Neither the public, nor the judges, will know which ‘SWAG package’ was selected. To enter, visit http://oneworldoverland.com/shop/enter-the-contest/ (the “Website”); complete an entry form with the required information, including your name, address, telephone number, e-mail address, and photo caption; and submit along with your photograph and fee in accordance with the instructions that follow and are provided on the Website.
The categories for Submissions are provided on the Website at http://oneworldoverland.com/the-contest/. There is no limit on the number of entries per person. Each Submission must comply with the Sponsor Submission Guidelines, located on the Website as well as the following requirements (the “Submission Requirements”):
- All entries must contain a photo caption or video title. File name should include your official ID#. For example, if your ID# is 12dfr45, your jpeg file should look something like this. 12dfr45_001.jpeg. The same applies to any files submitted directly to Sponsor.
- Photographs must be in digital format. Only online entries will be eligible. No print or film submissions will be accepted for entry into this Contest. The photograph need not be taken with a digital camera; scans of negatives, transparencies, or photographic prints are acceptable.
- Videos must be no less than 30 seconds and no more than 3 minutes in length. Video submissions must be uploaded to either YouTube or Vimeo. Videos shot using drones may be submitted, so long as all footage was obtained in full compliance with laws governing the use of drones (small unmanned aircraft systems) in the area the footage was shot. Any video footage obtained using a drone for which such use would be considered commercial use must comply with all laws governing such commercial use. A statement verifying that all rules and laws were followed during the making of your drone submission will be required. Submissions that are known to have violated these rules will immediately be disqualified. If it is found later in the competition that you have violated any of the rules/laws you will be disqualified.
- Photographs and videos must have been taken within two (2) years before the date of entry and may not previously have won an award in any photo or video contest.
- Only minor burning, dodging and/or color correction is acceptable, as is minor cropping. High dynamic range images (HDR) and stitched panoramas are acceptable. Any changes to the original photograph not itemized here or in the Submission Guidelines are unacceptable and will render the photograph ineligible for a prize.
- Photographs and videos that include sculptures, statues, paintings, and other works of art will be accepted as long as they do not constitute copyright infringement or fraud; provided entrants must be prepared to provide a release form as described below in “Release.” When photographing the work of others, it must be as an object in its environment and not a full-frame close-up of another person’s art.
- The photograph or video, in its entirety, must be a single work of original material taken by the Contest entrant. By entering the Contest, entrant represents, acknowledges, and warrants that the submitted photograph is an original work created solely by the entrant, that the photograph does not infringe on the copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property rights of any person or entity, and that no other party has any right, title, claim, or interest in the photograph.
- The photograph or video must not, in the sole and absolute discretion of the Sponsor, contain obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content.
- The caption must be complete and accurate, sufficient to convey the circumstances in which the photograph was taken. Disguising or misrepresenting the origin of your content is cause for disqualification. Watermarks are not acceptable. All watermarked entries will be disqualified.
- Each Submission must be the submitting Entrant’s own, produced work and may not feature or focus on any material owned or controlled by third parties (unless the entrant can provide written documentation of permission to use any materials owned by a third party as set forth below or in a form and substance determined by Sponsor in its sole discretion).
- The Entrant must provide upon request all appropriate clearances, permissions and releases (including but not limited to releases from all persons appearing in the Submission, location releases, and releases from all creative consultants or others who assisted in the creation of the Submission) for the Submission in a form and substance determined by Sponsor in its sole discretion (in the event an entrant cannot provide all required releases, Sponsor reserves the right, in Sponsor’s sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Sponsor’s benefit, or allow the applicable Submission to remain in Contest).
Any Submission that, in Sponsor’s good faith judgment, violates the Submission Requirements will be disqualified. Submissions must be received by the end of the Promotion Period. The Website’s database clock will be the official timekeeper for this Contest. No substitutions of new versions of Submissions will be accepted under any circumstances once the original Submission is submitted for consideration. Any Submission that is considered by Sponsor in its sole and absolute discretion to be obscene, pornographic, libelous, hate speech or otherwise objectionable, in whole or in part, will be disqualified. In the event a dispute regarding the identity of the individual who actually submitted a Submission cannot be resolved to Sponsor’s satisfaction, the affected entry may be disqualified. The Promotion Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing or transmission of the Submissions in the Contest. The Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of Submissions. The entries will be judged in accordance with the Judging Criteria, as defined below. All Submissions must be submitted and received by February 1st, 2018 at 12:00:00 p.m. EDT, or by the Extension Entry Deadline. Proof of submission is not proof of receipt. Submissions must be made by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, internet domain owner, or other person or 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. Sponsor reserves the right to examine the original photograph/source material in order to confirm compliance with these rules.
Sponsor reserves the right to verify the validity and originality of any Submission and/or entrant (including an entrant’s identity and address) and to disqualify any entrant who submits an Submission that is not in accordance with these Official Rules or who tampers with the entry process. Failure by Sponsor to enforce any of its rights at any stage does not constitute a waiver of those rights.
- Grant of Rights: Sponsor does NOT claim ownership of the photo or video that you submit or make available for inclusion in the Contest. For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each entrant hereby irrevocably and unconditionally grants to Sponsor, its successors and assigns the right (but not the obligation) to use entrant’s Submission in whole or in part, to reproduce, distribute, display and create derivative works of the entrant’s Submission (along with a name credit) in connection with the Contest and the marketing, advertising and promotion of the Contest, in any media now or hereafter known, for no additional compensation, as well as in and in connection with a display at a potential exhibition of winners; publication of a book featuring select Submissions in the Contest; publication online highlighting Contest Submissions or winners of the Contest; and offering as downloadable wallpaper to users of the Contest website in any and all languages, by any and all means, media, devices, processes and technology now known or hereafter devised, in perpetuity throughout the universe at no charge to Sponsor. The rights granted shall include, without limitation (i) all reproduction, distribution, adaptation, performance, fixation, rental and lending rights, exhibition, broadcast and all other rights of communication to the public; (ii) the right to make changes to the Submission, and to use such Submission as Sponsor shall from time to time determine in its sole discretion; (iii) the right to authorize, prohibit and/or control the renting, lending, fixation, reproduction, importation and/or other exploitation of the Submission as may be conferred under any applicable laws, regulations or directives; and (iv) all rights generally known as “moral rights” or “droit moral” rights (which shall include, without limitation, any similar or analogous rights under the applicable laws of any country of the world [including, without limitation, the so-called right of paternity (droit a la paternite), right of integrity [droit au respect de l’oeuvre], right of withdrawal [droit de retrait or droit de repentir] and/or right of publication [droit divulgation]) which I may have in connection with the Submission (collectively, the “Moral Rights”)). In addition to the fullest extent allowable under any applicable law, each entrant hereby irrevocably waives or assigns to Sponsors entrant’s Moral Rights. Each entrant expressly acknowledges that many parties will contribute to the Contest. Accordingly, if under any applicable law the above waiver or assignment by entrant of the Moral Rights is not effective, then entrant agrees to exercise such rights in a manner that recognizes the contribution of and will not have a material adverse effect upon such other parties. Sponsor shall retain the rights granted in each Submission even if the Submission is disqualified or fails to meet the Submission Requirements or even it if it determined that the entrant who made the Submission is ineligible to enter the Contest or win a prize.
- WINNER DETERMINATION:
The Contest is entirely skill-based and contains no elements based on chance. By the mere provision of a Submission, an entrant acquires no automatic right to be awarded a prize, nor any other right except for the right to have such entry reviewed and evaluated subject to these Official Rules.
Once a Submission is uploaded to the Website it may be made available on the Website and/or Sponsor’s social media accounts for viewing by the general public and any such posting will be deemed made at the direction of the entrant. Judging consists of two (2) rounds of evaluation.
- Round 1 judging/selection – The first round of judging will be conducted by the public. The most liked submissions for each category will advance to the second round of judging. Entries will be uploaded to category specific galleries on the official One World Overland social media page. The most popular images from each category will advance to the second round of judging.
Still photo categories – The top 8 most popular entries from still photographic categories will advance to the second round of judging.
Video categories – The top 3 most popular entries from categories involving moving video (non-still photography) will advance to the second round of judging. This includes time-lapse entries. Time-lapse submissions must be entered as video clips and adhere to all video entry criteria.
Photo Series categories – The top 4 most popular photo series entries (submissions that contain multiple still photographs as a series) will advance to the second round of judging.
- Round 2 judging/selection – The second round of judging consists of a panel of selected judges. 1WO will submit the finalists from Round 1 to the judges. First round finalists submissions will then be judged by the official 1WO panel on the criteria stated below.
The judges come from many different backgrounds. How they interpret these categories, their personal tastes, and various specialties will ensure that every entry submitted is valued and appreciated.
- Creativity – Worth 15 points of total score.
- Composition – Worth 15 points of total score.
- Technical Execution – Worth 15 points of total score.
- Subject matter – Worth 10 points of total score.
- Overall Image Quality – Worth 10 points of total score.
- Originality – Worth 20 points of total score.
- Category Fulfillment – How well does the entry meet the criteria of the category. Worth 15 points of total score.
- Overall Impression – Worth 20 points of total score.
- This judging criteria will offer the same number of points to both still image and video submissions.
- Applies to still photograph submissions only. Artistic Value – Worth 5 points of total score.
- Applies to all video submissions only. Entertainment Value – Worth 5 points of total score.
- Judge’s delight – Each judge may select one entry to receive a special point award. Each judge may apply this special award to their favorite entry. Worth 10 points to be added to the official total score.
Total Possible Score (excluding 1 time bonus points) – 125
Judges bonus points – 10
Highest possible combined score – 135
Each entry will receive a final score – Final score will be calculated as follows: Sum of total points awarded by each judge for a single submission divided by the number of judges equals final score for each submission.
In the event of a tie, those entries that are tied will undergo an additional round of judging. At no time will a tie be broken by a random determination of the winner.
- If the photograph or video contains any material or elements that are not owned by the Entrant and/or which are subject to the rights of third parties, and/or if any persons appear in the photograph, the Entrant is responsible for obtaining, prior to submission of the photograph, any and all releases and consents necessary to permit the exhibition and use of the photograph in the manner set forth in these Official Rules without additional compensation. If any person appearing in any photograph is under the age of majority in their state/province/territory of residence the signature of a parent or legal guardian is required on each release.
Upon Sponsor’s request, each Entrant must be prepared to provide (within seven (7) calendar days of receipt of Sponsor’s request) a signed release from all persons who appear in the photograph submitted, and/or from the owner of any material that appears in the Submission, authorizing Sponsor and its licensees (”Authorized Parties”) to reproduce, distribute, display, and create derivative works of the Submission in connection with the Contest and promotion of the Contest, in any media now or hereafter known. Failure to provide such releases upon request may result in disqualification at any time during the Contest and selection of an alternate winner.
Similarly, upon Sponsor’s request, each Entrant must be prepared to provide (within seven (7) calendar days of receipt of Sponsor’s request) a signed written license from the copyright owner of any sculpture, artwork, or other copyrighted material that appears in the Submission, authorizing any Authorized Party to reproduce, distribute, display, and create derivative works of the Submission in connection with the Contest and promotion of the Contest, in any media now or hereafter known. Failure to provide such releases upon request may result in disqualification and selection of an alternate winner.
Finally, upon Sponsor’s request, each Entrant must be prepared to provide (within seven (7) calendar days of receipt of Sponsor’s request) a signed written license from the owner of any private property included in the Submission, authorizing any Authorized Party to reproduce, distribute, display, and create derivative works of the Submission in connection with the Contest and promotion of the Contest, in any media now or hereafter known. Failure to provide such releases upon request may result in disqualification and selection of an alternate winner.
For the purposes of these Official Rules, the Entrant will be deemed to be in receipt of Sponsor’s request or notification, (a) in the event that Sponsor sends the request by postal mail, five business days after the request was sent by Sponsor, or (b) in the event that Sponsor sends the request by email, on the day that the email was sent by Sponsor.
For the purposes of these Official Rules, the Entrant will be deemed to be in receipt of Sponsor’s request or notification, (a) in the event that Sponsor sends the request by postal mail, five business days after the request was sent by Sponsor, or (b) in the event that Sponsor sends the request by email, on the day that the email was sent by Sponsor.
- PRIZES: See Milestones page for official prizes, mini-goals, participation goals and delivery guidelines. Visit http://oneworldoverland.com/the-contest/milestones/ for information and rules that apply. Due to the nature and availability of parts and components used to create the prize(s), Sponsor reserves the right to make substitutions of items of the same or greater value. Delivery of prizes will be coordinately with the winner.
- WINNER NOTIFICATION AND REQUIREMENTS: Potential winners will be chosen and approximately 10 days after the end of all judging (estimated to be March 25, 2018) and will be notified by phone and e-mail. Decisions of the Judges are final and binding and not subject to appeal. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason. If, despite reasonable efforts, a potential prize winner does not respond within five (5) days of the first notification attempt, or if a prize or prize notification is returned as unclaimed or undeliverable to such potential prize winner, such potential prize winner may forfeit the applicable prize and an alternate prize winner may be selected. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the applicable prize for any reason prior to award, such potential prize winner may be disqualified and an alternate winner may be selected. Sponsor may successively attempt to contact up to two (2) potential prize winners in accordance with such procedure, and if there is still no confirmed prize winner after such attempts have been made, if any, the applicable prize may go unawarded.
Potential winners shall be required to sign and return within ten (10) days following an attempted notification, an Affidavit, Declaration or Certificate of Eligibility, Liability Release, and (where imposing such conditions is legal) a Publicity Release, Warranty of Ownership, and License (the “Prize Claim Documents”) in which the entrant warrants that he/she is the owner of the photograph (and all the intellectual property rights in the photograph submitted) and grants to Sponsor and its licensees the License described below. Failure to execute and deliver any required documents to Sponsor by the specified deadline may result in disqualification from the Contest, and selection of an alternate potential winner. If applicable, winner’s guest must sign and return a Liability Release and, where legally permissible, a Publicity Release prior to issuance of travel documents. Except as set forth herein, no cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prize listed is unavailable, in whole or in part, for any reason. Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. All portions of the prize(s) are non-assignable and non-transferable. Any prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Contest materials are for illustrative purposes only. In the event there is a discrepancy or inconsistency between guidelines, disclosures or other statements contained in any such promotional materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion. Each prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. If required by law, Sponsor reserves the right to withhold and remit to the appropriate taxing authorities the amount of any tax or taxes due. With respect to non-cash prizes, it may be legally necessary under the United States Internal Revenue Code (as determined by Sponsor in its sole discretion) for the prize winner to pay the amount of any tax before receiving the prize.
NONCOMPLIANCE OR RETURN OF PRIZE NOTIFICATION AS UNDELIVERABLE, WHETHER BY REGULAR MAIL OR BY E-MAIL, MAY RESULT IN DISQUALIFICATION AND SELECTION OF AN ALTERNATIVE POTENTIAL WINNER. Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Contest. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT
- PUBLICITY RELEASE: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in and/or winner of the Contest, each entrant irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, photograph, likeness, statements, biographical information, and any other personal characteristics, in any and all media in connection with the Contest and the advertising and promotion thereof and each entrant and/or prize winner hereby release the Promotion Entities from any liability with respect thereto.
- LIMITATION OF LIABILITY: Entrants agree that the Promotion Entities (a) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (b) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by accessing the Website or otherwise participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.
Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein.
In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded.
These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision in these Official Rules is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
- NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Submission to Sponsor for purposes of the Contest does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission. Each entrant acknowledges and agrees that the Promotion Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Promotion Entity’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief, and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
- NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Submission for any reason, with or without legal justification or excuse, and contestants shall not be entitled to any damages or other relief by reason thereof.
- DATES & DEADLINES/ANTICIPATED NUMBER OF CONTESTANTS: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of entrants who will participate in the Contest.
- FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to evidence or effectuate the rights granted in these Official Rules, then each entrant agrees to sign, authenticate and deliver the same upon Sponsor’s request therefore.
- GOVERNING LAW, ARBITRATION AND DISPUTE RESOLUTION.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS THE WAY IN WHICH ANY CLAIM OR DISPUTE BETWEEN YOU AND THE SPONSOR IS RESOLVED.
- Governing Law. Unless the laws of your jurisdiction require that the laws of that jurisdiction govern, in which case the laws of such jurisdiction shall govern, all claims arising out of the Contest and all issues and matters concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights of Entrant(s), shall be governed by and construed in accordance with the laws of the State of Colorado and the United States of America, without regard to conflict of laws principles. Any and all disputes, claims, and causes of action arising out of, or connected with, the Contest shall be resolved individually, without resort to any form of class action.
- Any claim, controversy, or dispute (whether in contract, tort, or otherwise) arising directly or indirectly out of or related to the Contest shall be resolved exclusively by a final and binding arbitration administered by the American Arbitration Association (the “AAA”) and conducted before a sole arbitrator pursuant to the applicable Rules and Procedures established by the AAA. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16. The arbitration shall be conducted in the English language. The arbitration shall be held at a location determined by the AAA pursuant to the Rules and Procedures (provided such location is reasonably convenient for Entrant), or at such a location as may be mutually agreed by the Entrant and Sponsor. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the Entrant may have entered into in connection with the Contest. The arbitrator shall apply the laws of the State of Colorado consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law. To the extent permitted by law, Entrant agrees that under no circumstances will the Entrant be permitted to obtain an award for, and Entrant hereby waives all rights to, consequential, incidental, punitive damages, or any other damages, and any and all rights to have damages multiplied or otherwise increased.
- No Class Action or Consolidated Proceedings. ANY ARBITRATION THAT OCCURS WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTION SUITS OR CONSOLIDATED PROCEEDINGS ARE NOT PERMITTED AS A WAY TO RESOLVE ANY CLAIM OR DISPUTE.
- Scope. This agreement to arbitrate claims and disputes is intended to be broad and includes, without limitation, (i) claims or disputes relating to any aspect of the Contest, whether based in contract, tort, statute, or any other legal theory, (ii) claims or disputes directly or indirectly arising from conduct or events that occurred prior to the effective date of these Rules (including, without limitation, claims relating to advertising), or after its termination, (iii) claims or disputes subject to class action litigation in which you are not currently a member of a certified class, and (iv) claims or disputes with any agent, employee, successor or assign of you, the Sponsor, or the Administrator (all such claims and disputes are referred to collectively as “Claims”). This agreement to arbitrate does not, however, include Claims pertaining to intellectual property rights.
- No Preclusive Effect. No award or finding or stipulation of fact by the arbitrator will have any preclusive or collateral estoppel effect in any other arbitration or court, unless it involves the exact same parties.
- If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable or illegal provision were not contained herein.
- SEVERABILITY: In the event any provision of these Official Rules are held to be unenforceable, these Official Rules will continue in full force and effect without such provision. If any provision contained in these Official Rules shall for any reason be held to be excessively broad as to duration, geographical scope, activity, or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with applicable law. These Official Rules are intended to be the complete, final, and exclusive statement of the terms of the agreement between each Entrant and the Sponsor relating to the subject matter.
- WINNERS LIST: For a list of winners, visit the Website after April 15, 2018. The winners’ list will be posted after winner confirmation is complete.
- REMOVAL FROM MAILING LIST: Any individual (or duly authorized person) may elect to exclude the name, address, and/or email of that individual from Sponsor’s mailing list by submitting a removal request using the removal link provided in the email. It may take up to 3 weeks for your information to be fully removed from Sponsor’s system.
- DISCLAIMER: This Contest is in no way sponsored, endorsed, or administered by, or associated with any third-party, unless specifically noted. Use of their trademarks or intellectual property is either licensed or used incidental to this promotion. You are providing your information to Sponsor.