âTWO IF BY SEA CONTESTâ
NO PURCHASE NECESSARY TO ENTER OR WIN THIS CONTEST
1. CONTEST DATES AND TIMES: The âTwo if By Sea Contestâ (âContestâ) begins on or about 12:00 (NOON) Pacific Time (âPTâ) on October 19, 2013 and ends on or about 7:00 PM PT on October 20, 2013 (the âContest Periodâ). Submissions accepted from 12:00 (NOON) PT until on until 8:00 PM PT on October 19, 2013 and from 12:00 (NOON) PT until on until 7:00 PM PT on October 20, 2013 (the âSubmission Periodâ).
2. ELIGIBILITY: This Contest is open only to individual legal residents of the fifty (50) United States and the District of Columbia, at least twenty-one (21) years of age (or the age of majority in his or her state of residence if greater than twenty-one (21)) on date of entry and have the Instagram application downloaded on their mobile device and an active Instagram account as of entry date through end of Contest Period. Employees of Yours Truly Creative LLC (âSponsorâ),Luxxotica, their immediate family members (parents, spouses, siblings, children, and grandparents regardless of where they reside), and members of the same household (whether legally related or not) and their respective affiliates, subsidiaries, parent companies, and advertising and promotion agencies are not eligible to enter or to win. Parties that are under any obligation, contractual or otherwise, that would limit or impair the Sponsorâs ability to use the entry as set forth in these Official Rules, or parties that are under a merchandising or similar agreement that would restrict exploitation of any right related to the entry are also not eligible to enter or to win. Contest void where restricted or prohibited. By entering, entrants represent that they have read these Official Rules and agree to abide by and be bound by all terms of these Official Rules.
3. HOW TO ENTER: To enter the Contest, entrants first need to have the Instagram application downloaded on their mobile device and be a registered user at time of entry through completion of Contest Period. There is no cost to download the Instagram application or to become an Instagram user. If you do not have an Instagram account, you can get information on how to sign up for one for free at http://instagram.com. By submitting your information and creating an Instagram account, you agree to the terms of use and privacy notice of Instagram (http://instagram.com/about/legal/terms). If you do not agree to these terms of use and privacy notice, you cannot create an account, or participate in this Contest.
HOW TO SUBMIT AN ENTRY: Note: In the âEdit Your Profileâ account settings of Instagram make sure the âPosts are Privateâ option is set to âOFFâ. If Instagram account settings are private your entry will not be visible and therefore will not be considered an Eligible Entry (as defined below).
1 â Take a photo using Instagram capturing a memorable moment while in attendance at The Treasure Island Music Festival on Saturday, October 19, 2013 or Sunday, October 20, 2013
2 â Upload your original photo to Instagram; and
3 â Caption the image with the hashtag â#NEVERHIDEISLANDâ
All three together make up the âEntry.â
If an entrant opts to participate in this Contest via a wireless mobile device, and/or download or transmit data via his/her wireless mobile device, standard rates will apply according the terms and conditions of his/her service agreement with his/her wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on the entrantâs mobile phone bill or be deducted from the entrantâs prepaid account balance. Wireless carriersâ rate plans may vary, and the entrant should contact his/her wireless carrier for more information on rate plans and charges relating to his/her participation in this Contest. Participation in this Contest by wireless mobile device means that the entrant understands that he/she may receive additional messages by mobile device relating to this Contest, including notifying the entrant if he/she is a winner, which may be subject to charges pursuant to the entrantâs carrierâs rate plan. Wireless service may not be available in all areas. Each entrant should check his/her mobile device capabilities for specific instructions.
All Entries must also comply with the Entry Terms set forth in Rule #4 below in order to be eligible (each, an âEligible Entryâ) and the Instagram Terms of Use. Entries not submitted in accordance with the instructions provided in these Official Rules are subject to disqualification, in the sole discretion of the Sponsor. For the purposes of these Official Rules, receipt of Entry occurs when the Instagram servers successfully receive the uploaded photo. Sponsor shall not bear any responsibility for any late, lost or misdirected Entries.
4. ENTRY TERMS: By participating in the Contest, entrant warrants that his or her Entry:
is the original work of the entrant;
has not previously been submitted in any competition and has not won an award of any kind;
does not contain any use of names, likenesses, photographs, or other identifying elements in whole or in part, of any person, living or dead, without permission (proof of which must be provided to the Sponsor upon request in a form satisfactory to Sponsor);
does not infringe or violate the rights of any third party, including but not limited to, copyrights, trademarks, logos, copyrighted material not owned by entrant (other than Sponsor related materials), contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights;
is not subject to any third party agreements, and that Sponsor will not be required to pay or incur any sums to any person or entity as a result of its ownership, acquisition, use or exploitation of the Entry or rights therein;
was made with the understanding that any required permits from local authorities or other permissions have been obtained and is documented sufficiently such that entrant can show proof of such permission upon request from the Sponsor;
does not contain hateful content of any kind (including without limitation racism, sexism, etc.), content which promotes violence or harm to another living creature, or any other offensive, obscene, or inappropriate content, the determination of which shall remain in the sole discretion of Sponsor;
does not promote any activity that may appear unsafe or dangerous
does not contain reference to any political agenda or party;
that entrant indemnifies Sponsor from and against any cause of action, complaints, or other claims arising out of the breach of any of the foregoing warranties.
Entries may only be submitted by a single Instagram registered user. Group entries will not be accepted (e.g. although different individuals might have taken part in the making of an Entry, and more than one individual may appear in the Entry, only one individual may be considered to have produced and submitted the Entry. Multiple entrants are not allowed to share the same mobile device or email address. By entering the Contest, each entrant represents and warrants that he or she has obtained all of the rights, licenses, and permissions in writing from any person (or parent/legal guardian if person is a minor) who may have helped create or who may appear in the Entry). Entrants MAY NOT submit photos created by any person other than themselves, regardless of whether or not the entrant has submitted his/her own photo. If, in the sole discretion of the Sponsor, an entrant has breached a representation or warranty, the Entry will be subject to disqualification. Sponsor reserves the right to disqualify any Entry if, in Sponsorâs sole discretion, it considers an Entry inappropriate in any way. Decisions of the Sponsor are final and binding.
5. JUDGING TO Determine Finalists: All Eligible Entries received during the Submission Period will be screened by a select panel of judges who will score each Entry based on the following judging criteria:
Based on scores the judges and Sponsor will designate the top two thousand (2,000) Entries as Potential First Prize winners in their sole discretion. In the event of a tie, the Entry with the highest score in the Originality/Creativity criteria listed above will be deemed a Potential First Prize winner.
Designation as a First Prize winner is subject to entrantâs proof of compliance with these Official Rules, maintaining compliance with these Official Rules, and approval by the Sponsor. The decisions of the Sponsor are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules.
6. NOTIFICATION OF WINNERS: Two thousand (2,000) Potential First Prize winners will be notified by the Sponsor by a comment to his/her Instagram Entry photo on October 19, 2013 or October 20, 2013. The top twenty (20) Potential First Prize winners per day during the Submission Period (see Rule #1 for dates/times) will be deemed potential Grand Prize winners. Potential Grand Prize winners will be notified by the Sponsor via text message and/or email. All potential winners will be required to follow the instructions provided by the Sponsor within the time frame specified or the prize will be forfeited and awarded to an alternate winner. Potential Grand Prize winner will be required to sign and return to Sponsor a travel release and where legal, a publicity release prior to boat trip. Grand Prize winnerâs guest must sign and return a consent to publicity (where legal) and travel release form prior to traveling. Potential winners may be required to perform additional clearance requests at Sponsorâs discretion and return them to Sponsor by the time frame specified. If a potential winner fails to properly execute and return all information and/or documents described herein in the time noted by the Sponsor, or if a potential winner declines to accept the prize, or if a potential winner is found not to be eligible or not in compliance with these Official Rules, that potential winner may be disqualified and the next highest scoring Entry may be declared an alternate potential winner (subject to all verification and eligibility requirements of these Official Rules) even if the disqualified potential winnerâs name or Entry may have already been shown or announced online.
In addition, entrants acknowledge and agree that the Sponsor reserves the right to disqualify any potential winner at any time, in its sole discretion, on the basis of anything contained in or learned or obtained as a result of any submitted releases, or any other forms requested by the Sponsor that, in its sole opinion, would constitute a breach of these Official Rules or otherwise, inclusive of any proof of permission that the Sponsor may request in its sole discretion.
7. PRIZES: Two thousand (2,000) First Prize winners will each receive a printed tee-shirt available for same day pickup at the Luxxotica booth during the Treasure Island Music Festival. The printed tee-shirt will contain the entrantâs Instagram photo Entry. Approximate retail value (âARVâ) of each First Prize is $20.00. The top twenty (20) First Prize winners per day per Submission Period (see Rule #1 for dates/times) will also be deemed a potential Grand Prize winner pending clearance as described in rule #6.
Forty (40) Grand Prize winners will each receive a Treasure Island Music Festival boat trip for Grand Prize winner and one (1) guest. Food, refreshments, and live music will be provided during the boat trip. ARV of each Grand Prize is $100.00. Guest of Grand Prize winner must satisfy all eligibility requirements as stated in rule #2 except for Instagram membership. All Treasure Island Music Festival boat trips will take place on Sunday, October 20, 2013 and times are determined and subject to change by the Sponsor. Grand Prize winners will be notified of actual boat travel schedule via text message and/or email. The boat trip for the Grand Prize winners from the October 19th Submission Period will be leaving from Pier 40, 89 King St, San Francisco, CA traveling to Treasure Island, San Francisco, CA the morning of Sunday, October 20, 2013 or and the Grand Prize winners from the October 20th Submission Period will take a boat trip leaving from Treasure Island, San Francisco, CA traveling to Pier 40, 89 King St, San Francisco, CA the evening of Sunday, October 20, 2013. Each boat trip is approximately two (2) hours in duration. Transportation to/from the boat is not included as part of prize and is the sole responsibility of the Grand Prize winner and guest. Each boat trip is approximately 3 hours long. Sponsor has not and will not obtain or provide travel insurance or any other form of insurance (we have obtained insurance). Sponsor is not responsible for any acts of nature that might result in travel being prohibited or canceled. Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance of any prize. Total value of all prizes is $44,000.00.
Winners of the Grand Prize boat trip and their guest may be accompanied by and filmed by a camera crew. Winners and guests may be interviewed on camera. Winners and guests agree that they will not receive any compensation for interviews or appearance in video footage. Sponsor reserves the right to right to print, publish, broadcast and use worldwide in any media now known or hereinafter known (including without limitation use on the Sponsorâs and Luxxoticaâs web properties) the winnerâs name, address, voice, statement, picture or other likeness, and video footage without additional compensation, for public relations, advertising and promotional purposes as may be determined by Sponsor. See rule #9 for more details.
Any unclaimed and/or unused prize elements will remain the property of Sponsor or its designees. Any taxes on prize are responsibility of winner. Prizes are non-transferable and no prize substitutions or cash redemptions allowed. In the event that the Treasure Island Music Festival or boat trip are unable to take place as planned, for reasons including, but not limited to scheduling conflicts, cancellations, postponement, an event of force majeure, or for any other reason, then the remaining components of the prize shall constitute full satisfaction of Sponsorâs prize obligation to the prize winner, and no other or additional compensation will be awarded. Prizes may not be sold, bartered or exchanged by winners. By accepting any prize, winners acknowledge compliance with these Official Rules. The Sponsor and/or any other relevant party reserve the right to remove or deny entry to the Grand Prize winner(s) and/or guest(s) of Grand Prize winner(s) who engages in a disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person at any event. Any and all guarantees and warranties for any merchandise prizes, if any, are subject to the respective manufacturerâs terms and conditions, and each winner agrees to look solely to such manufacturer for any such warranty or guarantee claim. All details of prizes not specified herein shall be determined solely by Sponsor.
8. LIMITATION OF LIABILITY: Each participant and guest of Grand Prize winner(s) agree to abide by the terms of these Official Rules and the decisions of the Sponsor which are final and binding on all matters relating to this Contest. Neither Sponsor,Luxxotica, nor any of their parents, subsidiaries, affiliates and each of their respective officers, directors, shareholders, agents and employees, nor any Internet access providers (collectively âReleaseesâ) are responsible for incorrect or inaccurate entry of Entry information, human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone, computer, or other network, computer equipment, software or any combination thereof, inability to access Instagram, or for late, lost, damaged, misdirected, incorrect or incomplete Entries, or for any other problems or errors related to the Contest. Entries that do not comply with these Official Rules, as determined by Sponsor, will be subject to disqualification from the Contest.
9. LICENSING OF ENTRY: By entering the Contest, and to the extent allowed by law, entrants grant the Sponsor and each of its affiliates, licensees, promotional partners, advertising and promotion agencies, and third party marketing entities a perpetual, worldwide, royalty-free, non-exclusive, sub licensable, unconditional and transferable license to edit, modify, cut, rearrange, add to, delete from, reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the entrant's entry, name, address, image, voice, likeness, statements, background and biographical material including, but not limited to, other digital recordings and performances, including audio and video streaming, and all recordings or videos made or submitted in connection with the Contest, as well as any additional photographic images, video images, portraits, interviews or other materials relating to the entrant and arising out of his/her participation in this Contest (with or without using the entrant's name) in any and all media, including but not limited to print, digital and electronic media, computer, DVD, CD, audio and audiovisual media (whether such media is now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation to entrant or any third party. Any winners participation in boat trip and any associated photographic images, audio or video recordings, practices or other materials or events associated with the prize shall be owned by Yours Truly Creative LLC who may exploit, edit, modify, and distribute all elements of prize including, without limitation, the names and likenesses of any persons or locations embodied therein, in any and all media now known or hereafter devised, in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation to winners or any third party. Entrants waive and release Sponsor and Releasees from any and all claims that entrants may now or hereafter have in any jurisdiction based on âmoral rightsâ or âdroit moralâ or unfair competition with respect to Sponsorâs exploitation of Entries without further notification or compensation to entrants of any kind, and agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Sponsor and Releasees, on the grounds that any use of any Entry, or any derivative works, infringe, or violate any of entrantâs rights therein.
Entrants hereby acknowledge and agree that the relationship between entrant and the Sponsor is not a confidential, fiduciary, or other special relationship, and that entrantâs decision to provide the Entry to the Sponsor for purposes of the Contest does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements of the Entry, other than as set forth in these Official Rules. By submitting an Entry, Entrants understand and acknowledge that the Sponsor has wide access to ideas, photographs, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by its own employees. You also acknowledge that many ideas or photographs may be competitive with, similar to, or identical to the Entry and/or each other in theme, idea, format, or other respects. Entrant acknowledges and agrees that he/she will not be entitled to any compensation as a result of Sponsorâs use of any such similar or identical material that has or may come to Sponsor from other sources. Entrant acknowledges and agrees that the Sponsor does 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 Entrantâs copyright in and to the submission.
10. ADDITIONAL TERMS: Sponsor will not enter into any correspondence, including email, with non-winning entrants. Sponsor reserves the right, in their sole discretion, to disqualify any individual found tampering with the entry process or entry materials. If, in the Sponsors opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if technical difficulties compromise the integrity of the Contest, the Sponsor reserves the right to void suspect Entries and/or terminate the Contest and award the prizes from among all Eligible Entries received as of the termination date. ALL ENTRANTS ACCEPT THE CONDITIONS STATED IN THESE OFFICIAL RULES, AGREE TO BE BOUND BY THE DECISIONS OF THE JUDGES, WARRANT THAT THEY ARE ELIGIBLE TO PARTICIPATE IN THIS CONTEST AND RELEASE RELEASEES FROM AND AGAINST ALL CLAIMS AND DAMAGES ARISING IN CONNECTION WITH THEIR PARTICIPATION AND/OR ENTRY IN THE CONTEST AND/OR AWARDING OR USE OF ANY PRIZE AWARDED IN THIS CONTEST. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE YOURS TRULY CREATIVE LLC AND ITS DESIGNEES RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. The use of any automated launching or entry software or any other mechanical or electronic means that permits the Entrant to automatically enter is prohibited. In the event of a dispute as to who submitted an online Entry, the Entry will be deemed submitted by the authorized account holder of the email address submitted at the time of entry. âAuthorized account holderâ is defined as the person assigned to an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the email address in question. Any Entry information collected from the Contest shall be used only in a manner consistent with the consent given by entrants at the time of Entry, with these Official Rules, and with Sponsorâs Online Privacy Policy which can be found at TBD. Normal internet access and mobile device usage charges from your carrier will apply.
11) DISPUTES/CHOICE OF LAW: The laws of the United States govern this promotion. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Contest Rules, or the rights and obligations of Entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of California.
Each Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or in connection with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) if the parties are unable to resolve their dispute amicably, it shall be resolved by arbitration; (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event and under no circumstances will Entrant be permitted to obtain awards for attorneys' fees; and (d) Entrant hereby waives all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
12. WHO WON? A list of winners will be made available by email (available after October 31, 2013). Please send an email to: [email protected] with the subject line âTwo if By Sea Contest.â Requests received after November 30, 2013 will not be fulfilled.
13. SPONSOR: Yours Truly Creative LLC, 3557 23rd Street, San Francisco, CA 94110.
This promotion is in no way sponsored, endorsed, or administered by, or in association with Instagram.
© 2013 Marden-Kane, Inc. All rights reserved. These Official Rules may not be copied, edited or used for any other purpose, commercial or otherwise without the express written consent of Marden-Kane, Inc.
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