NATIONAL PARK FOUNDATION WONDER + WANDER PHOTO CHALLENGE
Sponsored by National Park Foundation (herein “Sponsor”)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
OPEN ONLY TO INDIVIDUALS WHO ARE legal residentS of, and currently residing WITHin, ONE OF the 50 UNITED STATES or THE DISTRICT OF COLUMBIA (“d.c.”) AND ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY (19 YEARS OF AGE OR OLDER IF A RESIDENT OF ALABAMA OR NEBRASKA). VOID ELSEWHERE AND WHERE PROHIBITED. THIS CONTEST IS GOVERNED BY APPLICABLE U.S. LAWS. DO NOT ENTER IF YOU ARE NOT LOCATED IN ONE OF THE 50 STATES OR D.C. AT TIME OF ENTRY. An email address is required for entry.
1. CONTEST ENTRY PERIOD: National Park Foundation Wonder + Wander Photo Challenge (“Contest”) begins on May 22, 2019 at 12:00:00 p.m. Eastern Time (“ET”) and ends on September 2, 2019 at 5:00:00 p.m. ET (“Contest Entry Period”) and consists of four (4) distinct entry periods (each an “Entry Period”). See Section 5 below for Entry Periods. The database clock for the Website (defined below) will be the official timekeeping device for the Contest.
2. ELIGIBILITY: The Contest is open only to legal residents of the 50 United States and D.C. who are 18 years of age or older at time of entry (19 or older if a resident of AL or NE). Employees, officers and directors of Sponsor, and its parent companies, affiliates, subsidiaries, distributors, suppliers and advertising, judging, and promotion agencies associated with the Contest, and members of the immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate in the Contest. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Contest is void outside of the 50 United States and D.C. and where prohibited by law. The Contest is subject to all applicable federal and state laws and regulations.
4. ENTRY GUIDELINES: By submitting an Entry, you warrant and represent that: (a) it is, in its entirety, your original work (except with respect to Sponsor-provided Then photos); (b) it has not been previously published; (c) it has not won previous awards; (d) it does not infringe upon the copyrights, trademarks, rights of privacy/publicity or other intellectual property rights or any other rights of any person or entity; (e) the Entry is suitable for presentation in a public forum; and (f) publication of the Entry via various media, including but not limited to the Sponsor’s Website, the Contest Website and social media channels, will not infringe on the rights of any third party. Entrant agrees to indemnify and hold harmless the Released Parties (defined in Section 8, below) from and against any claims to the contrary.
Entry submissions may not contain, as determined by the Sponsor, in its sole discretion, any of the following:
- Third-party (i.e., parties other than Sponsor*) licensed trademarks, logos, or trade dress;
- Sexually explicit or suggestive content; violent content or content derogatory of any ethnic, racial, gender, religious, professional or age group; nor any profane or pornographic content or nudity;
- References to or depictions of alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); content that promotes any activities that may appear unsafe or dangerous; content that promotes any particular political agenda or message;
- Obscene or offensive material; endorsement of any form of hate or hate group;
- Content that is a knowing/intentional duplicate of any other Entry’s content;
- Content that defames, misrepresents or contains disparaging remarks about Sponsor, other companies or other people;
- Personal identification, such as personal names, license plates or e-mail addresses;
- Material embodying the names, likenesses, photographs, or other indicia that identify any person, living or dead, other than the entrant or those persons that entrant has obtained permission from;
- Messages or images inconsistent with the positive images and/or goodwill to which the Sponsor wishes to associate;
- Content that infringes the rights of any third party and/or violates any law.
Entries that do not comply with the above Guidelines, or that otherwise contain prohibited or inappropriate content, as determined by the Sponsor, in its sole discretion, are not eligible to enter the Contest and/or will be disqualified. *LIMITED LICENSE: THE SPONSOR’S TRADEMARKS, LOGO AND TRADE DRESS MAY BE USED FOR PURPOSES OF THIS CONTEST ONLY. NO OTHER RIGHTS IN OR TO SPONSOR’S TRADEMARKS, LOGO OR TRADE DRESS ARE GRANTED UNDER THESE OFFICIAL RULES. Entry must comply with Website format guidelines. Entry must not contain material that is harmful to other users of the Website, such as viruses, trojan horses or other technologies that could adversely impact the Contest or any person’s computer or other entry device. By submitting an Entry, you agree that your Entry is gratuitous and made without restriction and will not place Sponsor under any obligations other than those contained in these Official Rules, that Sponsor is free to use or otherwise disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you. By entering the Contest, you acknowledge that you will not now or in the future be paid or compensated in any way for your Entry or for granting the Sponsor any of the rights set out in these Official Rules. You further acknowledge that Sponsor is not obligated to make use of any of the rights granted in these Official Rules. BY SUBMITTING AN ENTRY, YOU ACKNOWLEDGE THAT YOUR ENTRY MAY BE POSTED ON THE CONTEST WEBSITE, SPONSOR’S WEBSITE, OR ELSEWHERE ON THE INTERNET FOR PUBLIC VIEWING AND THAT ANY SUCH POSTING IS NOT INTENDED TO, AND DOES NOT, INDICATE THAT YOUR ENTRY IS A WINNING ENTRY UNLESS OTHERWISE INDICATED. You further acknowledge that Sponsor is not obligated to post or use your Entry in any way. By submitting an Entry, you hereby grant the Sponsor, its affiliates, subsidiaries, assigns, licensees, and designees the irrevocable, perpetual, worldwide right to use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the Entry or portions of the Entry (as such may be edited and modified by the Sponsor at its sole discretion) for editorial, commercial, promotional and all other purposes, including without limitation posting on Sponsor-affiliated websites, social media sites and/or other Sponsor-selected media. In addition, you hereby assign to the Sponsor all rights, titles, and interests that you may be deemed to have in any reproduction, product, or derivative work using or incorporating the Entry. Such rights, title and interest shall include, but are not limited to, all intellectual property, sales and licensing rights. You further agree to waive any “Moral Rights” in the Entry. Upon request of Sponsor, entrants shall execute and deliver such additional instrument of assignment, as may be deemed by Sponsor, in its sole discretion, reasonably necessary to establish the grant of license, the transfer of copyrights and other intellectual property rights, and waiver of “Moral Rights” under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
ENTRIES POSTED TO THE WEBSITE, IF ANY, ARE NOT EDITED BY SPONSOR OR ANY RELEASED PARTY AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants.
5. JUDGING: The Contest is comprised of four (4) distinct Entry Periods. To be eligible for an Entry Period, an eligible Entry must be received during the corresponding Entry Period (see table below). After each Entry Period has concluded, Sponsor will randomly select ten (10) Entries from among all eligible Entries received for that Entry Period. The odds of being randomly selected will depend on the number of eligible Entries received for that Entry Period. The ten (10) randomly selected Entries for that Entry Period will then be judged and scored by a panel of judges appointed by Sponsor, as determined in Sponsor’s sole discretion (“Judging Panel”), based on the following criteria: Overall Quality (50%), Design/Composition of Entry (25%) and Creativity (25%). The two (2) Entries that receive the highest combined score according to the criteria listed above for each respective Entry Period, in the sole determination of the Judging Panel, will be declared the winners (subject to verification of eligibility) except for Entry Period #4 for which four (4) winners will be selected for a total of ten (10) winners among all Entry Periods. In the event of a tie, the tied Entries will be re-judged by an additional judge who will serve as a tiebreaker and who will evaluate tied Entries according to the criteria listed above. If following the re-judging the entries are still tied, the entrant whose Entry received the highest score for “Overall Quality”, as determined by the Judging Panel in their sole discretion, will be deemed the winner from among the tied entrants. The decisions of the Judging Panel (or, if applicable, the additional judge who may serve as a tiebreaker) will be final. Non-winning Entries will not be included in subsequent Entry Periods (if any).
|Entry Period #:||Contest Entry Period||Judging on or about:||# of Potential Winners:|
|1||Entries received from 12:00:00 p.m. on 5/22/2019 through 11:59:59 p.m. on 5/31/2019||6/3/2019||2|
|2||Entries received from 12:00:00 a.m. on 6/1/2019 through 11:59:59 p.m. on 6/30/2019||7/1/2019||2|
|3||Entries received from 12:00:00 a.m. on 7/1/2019 through 11:59:59 p.m. on 7/31/2019||8/1/2019||2|
|4||Entries received from 12:00:00 a.m. on 8/1/2019 through 5:00:00 p.m. on 9/2/2019||9/3/2019||4|
6. PRIZES: Ten (10) Prizes: Each prize winner will receive one (1) America the Beautiful National Parks and Federal Recreational Lands Pass (“Prize). Approximate retail value (“ARV”): $80 per Prize. Total ARV of all Prizes: $800. Prize consists only of the item described above. Winners are solely responsible for all federal, state, and local income taxes and other fees and expenses associated with Prize receipt and use, regardless of whether Prize is used in whole or in part. To the extent allowed by applicable law, any Prizes awarded are awarded “as is” with no warranty or guarantee, whether express or implied, in fact or in law, by Sponsor or any other party. No transfer, assignment, cash redemption, or substitution of a Prize is permitted except by Sponsor, who reserves the right, in its sole discretion, to substitute a Prize with a prize of equal or greater value in the event the advertised Prize becomes unavailable. All Prize details are in Sponsor’s sole discretion. In no event shall Sponsor’s Prize liability exceed the ARV of the Prize for any reason. Prizes will be awarded provided they are claimed properly in accordance with these Official Rules. Limit one (1) Prize per person/household. No entrant may be deemed a winner until his/her eligibility has been verified and it is determined that he/she has complied with all terms of these Official Rules. Winners will be issued their Prize to the address they provide within approximately 2-4 weeks of verification of eligibility and compliance with these Official Rules. Sponsor is not responsible for any telecommunications issues or for change of mailing address, or email address, subsequent to the date on which an entrant entered the Contest. If a Prize or notification is returned as undeliverable, Sponsor is unable to contact a potential winner, or a potential winner is not in compliance with these Official Rules, as determined by Sponsor in its sole discretion, the applicable Prize will be forfeited, and, at Sponsor’s sole discretion, an alternate winner will be selected using the Judging process described in Section 5 above. Sponsor will make up to three (3) attempts to award any given Prize, and, if after three (3) attempts the Prize remains unclaimed, the Prize may not be awarded in Sponsor’s discretion. Acceptance of Prize will further constitute and signify winner’s agreement and consent that Sponsor and/or Sponsor’s assignees may use a winner’s name, likeness, city and state of residence, and/or Prize information for promotional purposes in any media worldwide without limitation and without further notice or compensation, except where prohibited by law.
7. WINNER NOTIFICATIONS/PRIZE AWARD/PUBLICITY CONSENT: Sponsor or Sponsor’s agent will contact potential winners via email and potential winners will have seventy-two (72) hours from the time the email is sent to reply to the email with their complete name, address, phone, and email. Once the potential winner has replied to this initial notification with the information requested, Sponsor will issue potential winner, via email, an affidavit of eligibility and a release of liability and publicity (where permitted) (“Affidavit”) and potential winner must complete and return the Affidavit within seven (7) days of first attempted notification. If a potential winner fails to respond to the initial email notification within such seventy-two (72) hour period or fails to return the Affidavit within the seven (7) day period, the Prize will be forfeited, and an alternate winner will be selected from among the remaining eligible Entries in the applicable Entry Period pool using the Judging process described in Section 5, above. Prizes will be issued to the addresses provided by winners within approximately 2-4 weeks of verification of eligibility and compliance with these Official Rules.
8. GENERAL: By participating, entrants agree to abide and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters. Entrants further agree to release, discharge and hold harmless Sponsor, Union Pacific Railroad Company, Union Pacific Foundation, their respective parent companies, affiliates, subsidiaries, distributors, suppliers and advertising and promotion agencies associated with the Contest, and all other service agencies involved with the design, execution or fulfillment of this Contest, and the respective directors, officers, agents and employees of each of the foregoing (collectively, the “Released Parties”) from and against any liability, claims, losses and damages of any kind, including death, to persons or property, arising out of, or relating to, their participation in this Contest, and the acceptance, use, misuse or possession of a Prize (if applicable) including any travel related thereto, and as further set out in Section 9, below. Entrants who Sponsor determines to have not complied with these Official Rules are subject to disqualification. Sponsor reserves the right, at its sole discretion, to disqualify any entrant from this Contest or any other promotion conducted now or in the future by Sponsor or any of its affiliates if Sponsor suspects or finds entrant to be: (a) violating the Official Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Contest or the Website; (c) acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; or (d) attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other entrants, Sponsor or Sponsor’s representatives. ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND ANY SUCH ATTEMPT WILL RESULT IN DISQUALIFICATION, AND SPONSOR FURTHER RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) IN ANY WAY RELATING TO SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW, AND TO BAN OR DISQUALIFY AN ENTRANT FROM THIS AND FUTURE PROMOTIONS.
9. LIMITATION OF LIABILITY: Without limiting the generality of the provisions in Section 8, above, the Released Parties are not, and will not be, responsible for, under any circumstance, (a) the incorrect or inaccurate capture of Entry information for any reason; (b) late, lost, stolen, damaged, misdirected, garbled or incomplete Entries, transmissions or transactions, Entries that are altered or otherwise irregular, have been submitted through illicit means or do not conform with or satisfy any or all of the terms and conditions of these Official Rules; (c) failure of the Website or any operations or transmission of information during the Contest Entry Period, including, without limitation, any problems, human, production or technical errors, lost, delayed, garbled or corrupted data or transmissions, omissions, interruptions, deletions, defects or failures of any telephone or transmission lines, technical malfunctions of any computer on-line systems, servers, access providers, computer equipment, software, failure of any e-mail or failure of an Entry to be received under any circumstances, including, without limitation, on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof including, without limitation, any injury or damage to an entrant’s or any other person's computer related to or resulting from participating in or downloading any material connected to the Contest, all of which may affect a person’s ability to participate in the Contest; (d) any typographical or other error or omission in any printing or advertising relating to the Contest, in the administration or execution of the Contest, or in the announcement or notification of the winners; (e) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third party computer "hackers" or otherwise; (f) any claims regarding the accepting, arranging for, awarding of or use of a Prize; (g) electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind; or (h) cheating or fraud by you or any third party, including, without limitation, any other participant. Entry material/data that has been tampered with or altered is void. Sponsor reserves the right, at its sole discretion, to amend these Official Rules for clarification purposes, at any time, in any way, and without prior notice, without materially affecting the terms and conditions of the Contest. Without limiting the foregoing, if for any reason the Contest is not capable of running as originally planned, including should any virus, worm, bug, technical failures, unauthorized human intervention, or other causes corrupt or affect the administration, security, fairness or proper conduct of the Contest, Sponsor reserves the right to modify, terminate or suspend this Contest (or portion thereof). In the event of termination, Sponsor may select the winners from among all eligible, non-suspect Entries received up to date/time of such termination, or up to the date/time of the situation warranting such termination.
10. BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply District of Columbia law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, 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, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING AND/OR ATTEMPTING TO PARTICIPATE IN THE CONTEST, EACH 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 CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) TO THE EXTENT ALLOWED BY APPLICABLE LAW, ENTRANT WILL NOT 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, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONETARY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO RELEVANT PORTIONS OF THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
By entering, entrants agree that: (a) all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participants’ rights and obligations, and the rights and obligations of the Sponsor in connection with the Contest, will be governed by, and construed in accordance with, the laws of the District of Columbia, without giving effect to any choice of law or conflict of law rules (whether of the District of Columbia or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the District of Columbia; and (b) any matters or proceedings which are not subject to arbitration as set forth above in this Section 10 of these Official Rules, and/or are related to entering any judgment on an arbitration award, shall take place in the District of Columbia.
11. WINNERS’ NAMES: For the winners’ names (available after winners have been verified), send a self-addressed, stamped, business size (#10) envelope by November 1, 2019 to: NPF Wonder + Wander Photo Challenge Winners, Attn: Corporate Partnerships 1110 Vermont Ave NW, Suite 200, Washington, D.C. 20005.
13. RULES GOVERN: In the event of any discrepancy or inconsistency between these Official Rules and disclosures or other statements contained in any Contest-related materials or made by any representative of Sponsor, these Official Rules shall prevail, govern and control.
14. SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules 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.
15. SPONSOR: National Park Foundation, 1110 Vermont Ave NW, Suite 200, Washington, D.C. 20005.