VONZIPPER’S SUPPORT WILDLIFE PHOTO CONTEST (“Contest”)
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE WILL NOT IMPROVE YOUR ABILITY TO WIN.
1. THIS CONTEST IS OPEN TO LEGAL RESIDENTS OF THE FORTY-NINE (49) STATES OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING RHODE ISLAND, PUERTO RICO, ALL US TERRITORIES AND POSSESSIONS AND ALL OVERSEAS MILITARY INSTALLATIONS) WHO ARE AT LEAST THIRTEEN (13) YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. THE CONTEST PERIOD BEGINS AS OF MAY 18, 2016 AT 8:00 A.M. PACIFIC STANDARD TIME AND ENDS AS OF OCTOBER 28, 2016 AT 11:59 P.M. PACIFIC STANDARD TIME. VOID WHERE PROHIBITED BY LAW. BY ENTERING THIS CONTEST, EXCEPT AS PROHIBITED BY LAW, YOU AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION AS PROVIDED IN SECTION 11 BELOW. BY ENTERING THIS CONTEST, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF SPONSOR, WHICH DECISIONS ARE FINAL AND BINDING IN ALL RESPECTS.
2. ELIGIBILITY: The Contest is open only to legal residents of forty-nine (49) states of the United States (“U.S.”) and the District of Columbia (excluding Rhode Island, Puerto Rico, all U.S. territories and possessions and all overseas military installations) who are at least thirteen (13) years of age or older as of May 18, 2016 with access to the internet at all times during the Contest Period (as defined below) and subsequent Prize Award Period (as defined below). Burleigh Point Ltd. DBA VonZipper (“VonZipper” or “Sponsor”) and its parents, subsidiaries, affiliates, sales representatives, distributors, licensees, and agents (all of the foregoing together with Sponsor, collectively referred to as “Contest Entities”), suppliers, printers, advertising and promotional agencies, and prize suppliers, and each of their respective employees, officers, directors and their immediate family members (spouses, parents, children, siblings and their respective spouses) and those living in the same household of each (whether legally related or not) are ineligible to enter or win this Contest. All applicable federal, state and local laws and regulations apply. VOID OUTSIDE THE ELIGIBILITY AREA AND WHERE PROHIBITED OR RESTRICTED BY LAW. By participating in this Contest, you agree to fully and unconditionally accept and abide by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects.
3. CONTEST PERIOD: The Contest entry period begins as of May 18, 2016, 8:00 A.M. Pacific Standard Time (“PST”) and ends as of October 28, 2016, 11:59 p.m. PST (the “Contest Period”). All entries must be received by Sponsor no later than October 28, 2016. Winner will be selected from all eligible entries properly submitted pursuant to these Official Rules during the Contest Period. Sponsor’s computer shall be the official timekeeper for all matters related to the Contest.
4. CONTEST ENTRY INSTRUCTIONS:
During the Contest Period, you may enter this Contest by using one of the following means of entry set forth below. Each online entry together with any photos submitted shall beconsidered an “Entry” under this Contest and all such online entries with photos shall together constitute “Entries” under this Contest. All Entries must be received by no later than October 28, 2016.
Online Entry for US Residents: During the Contest Period you may enter this Contest by following Sponsor's Instagram feed at@vonzipper (the "Instagram Feed") and follow the online instructions to upload and submit a digital photograph that shows what wildlife means to you tagged with the hashtag #SupportWildLife to the Instagram Feed (“Online Entry”). Limit one (1) entry per person, per Instagram account, per household during the Contest Period regardless of method of entry. Any attempts by an entrant to submit more than one (1) entry per person, per Instagram account, per household during the Contest Period (regardless of method of entry) will result in such entrant being disqualified. Each Online Entry will be deemed submitted by the authorized account holder of the Instagram account submitted with entry.
Entries become the exclusive property of Sponsor and will not be returned or acknowledged. Due to 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.
All Online Entries must be received by no later than 11:59 PM PST on October 28, 2016.
CONTENT RESTRICTIONS FOR PHOTOGRAPH: Content that may NOT be contained in the photograph includes, but is not limited to, the following:
All Entries become the property of Sponsor and may not be acknowledged or returned. Entries displaying or containing profanity or that are obscene or otherwise inappropriate (as determined by Sponsor) will be disqualified, as will Entries that violate copyright laws or infringe on any third party rights. Multiple Entries by an individual person in excess of the preceding limitations or mass entry attempts will result in disqualification of the person and void all Entries related to such conduct. Entries generated by a script, macro, or other automated means will be disqualified.Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. Entries must comply with all applicable laws, rules, and regulations. In case of a dispute over the identity of an entrant, the authorized account holder of the Instagram account, as applicable, used to enter this Contest will be deemed to be the entrant.If a dispute cannot be resolved to Sponsor’s satisfaction, the Entry will be deemed ineligible. By submitting an Entry, you (and your parents/legal guardians if residents of a jurisdiction that deems you to be a minor) (1) give Contest Entities the right to publish your Entry, including your name and the photo submitted as part of your Entry, on the Sponsor’s websites and/or other public websites; and (2) assign all ownership rights and usage rights to your Entry (including your submitted photo) to the Sponsor.
5. PUBLICITY: As a condition of entry into the Contest, except where prohibited by law, each entrant by entering and each Winner by accepting a Prize (and their parents/legal guardians if they are residents of a jurisdiction that deems them to be minors) grants to Contest Entities and their affiliates, legal representatives, assigns and licensees, all right, title and interest in and to publicize, broadcast, display and/or otherwise use the Contest entrant’s name, address (city and state/province), and biographical material by you as part of the Entry (collectively, “Licensed Rights”), in any media now known or hereafter devised throughout the world in perpetuity for advertising and publicity purposes, without additional notice, review, compensation, permission or approval.
6. SELECTION OF CONTEST WINNER: During the Contest Period, one (1) potential winner (“Winner”) will be chosen each Friday from all eligible entries received during the week (regardless of method of entry). There will be a total of 24 Winners chosen for this Contest.
Each Friday during the Contest Period, a judge or judges selected by Sponsor in its sole discretion and consisting of VonZipper employee(s) (“Judge(s)”) will select what the Judge(s) deem in his/hers/their sole discretion to be the top Entry received from the prior week based on the following judging criteria: Relevance to the theme (50%) and Creativity (50%) (the “Judging Criteria”). In the event of a tie resulting in two or more Winners for a given week, the Judge(s) will break the tie by selecting the entrant(s) who received the highest points from the Judge(s) for Creativity as a Winner(s). In the event a tie remains, the tied Entries will be judged by an additional tie-breaking judge selected by Sponsor in its sole discretion, using the Judging Criteria, to determine which of the tide entrants will be the potential Winner for that week. Decisions of Sponsor and Judge(s) are final and binding with respect to all matters related to the Contest.
Each week, a potential Winner will be notified via a direct messaging on Instagram within seventy-two (72) hours after choosing the potential Winner ("Prize Award Period"). Sponsor’s decisions on all matters relating to the Contest shall be final and binding in all respects. At the sole discretion of Sponsor, disqualification, forfeiture and the selection of an alternate Winner may result from any of the following: (1) a potential Winner’s failure to respond to Winner notification via direct messaging within forty-eight (48) hours after its transmission; (2) the return of a notification as undeliverable after two (2) attempts; (3) a potential Winner’s failure to timely provide Sponsor with satisfactory proof of age, identity and residency; (4)apotential Winner’s failure to execute and return a notarized Affidavit of Eligibility/Liability/Publicity Release within seven (7) days after its transmission, if and as applicable; (5) a potential Winner’s failure to validly claim the prize within 10 days of being notified; and (7) any other non-compliance with the Official Rules. In the event that a potential Winner is disqualified for any reason or in the event of prize forfeiture, Sponsor may, in Sponsor’s sole discretion, award or not award a Prize (defined below) to an alternate potential Winner.
7. PRIZE: Twenty-four(24) prizes (each a“Prize” and collectively “Prizes”) will be awarded in this Contest.
Prize:Each Winner will receive a VonZipper promotional code valued at $200 which he or she can use to purchase product from us.vonzipper.com (approximate retail value (“ARV”) $200.00 USD). Total ARV of the Prize to be awarded in this Contest is Four Thousand Eight Hundred Dollars and Zero Cents ($4,800.00 USD).
Each Winner will be required to execute and return a Release of Liability form.
CONTEST ENTITIES MAKE NO WARRANTIES OR CONDITIONS, AND HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, CONCERNING THE PRIZE OR ANY PORTION OF THE PRIZE FURNISHED IN CONNECTION WITH THIS CONTEST.
All expenses not specifically mentioned herein and all expenses Winners may reasonably incur in receiving or using the Prize are not included as part of the Prize, and are solely each Winner’s responsibility. All taxes on each Prize, if any, are the sole responsibility of Winners, who will each receive a form 1099 reflecting the actual value of the Prize received, if applicable. Each Winner may be required to provide his/her social security number or tax payer ID number to Sponsor in order to claim the Prize. Winners may need to submit a valid U.S. address (no P.O. boxes) to Sponsor for shipment of the Prize to Winners. Prize will only be shipped to a valid U.S. address. Winners bear all risk of loss or damage to Prize after it is placed by Sponsor with a third party common carrier for shipment to Winners. Prizes are non-transferable and no substitution shall be made except as provided herein at Sponsor’s sole discretion. Sponsor reserves the right to substitute any Prize for one of equal or greater value if the designated Prizes should become unavailable for any reason. Prizes will not be replaced if lost or stolen and are not redeemable for cash, unless required by law. Prizes will be awarded provided they are validly claimed within 10 days of each Winner being notified, after which an alternate Winner may be selected, or unclaimed prize awarded in Sponsor’s sole discretion.
ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND THE RELEASED PARTIES DO NOT MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, RELATING TO THE CONTEST OR PRIZES.
THE CONTEST ENTITIES (INCLUDING ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, SHAREHOLDERS, MANAGERS, RELATED FINANCING PARTIES, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, SUCCESSORS AND ASSIGNS) EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR CLAIMS, INJURIES, LOSSES OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DEATH AND BODILY INJURY AND PROPERTY DAMAGE, RESULTING, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE AWARDING, DELIVERY, ACCEPTANCE, USE, MISUSE, POSSESSION, LOSS OR MISDIRECTION OF ANY PRIZE; PARTICIPATION IN THE CONTEST OR ANY CONTEST-RELATED ACTIVITY OR TRAVEL OR FROM ANY INTERACTION WITH, OR DOWNLOADING OF, COMPUTER CONTEST INFORMATION.
8. PARTICIPANT OBLIGATIONS: By entering or participating in the Contest, participants (and their parents/legal guardians if they are residents of a jurisdiction that deems them to be minors) agree to be bound by these Official Rules, the terms and conditions of the Sponsor’s websites, and by the decisions of Sponsor, which are final and binding in all respects. By entering the Contest, entrants (and their parents/legal guardians if they are residents of a jurisdiction that deems them to be minors) waive the right to claim any ambiguity or error in these Official Rules or in the Contest itself. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
9. LIMITATION OF LIABILITY: BY ENTERING THIS CONTEST, EACH ENTRANT (AND ENTRANT’S PARENT/LEGAL GUARDIAN IF ENTRANT IS A RESIDENT OF A JURISDICTION THAT DEEMS ENTRANT TO BE A MINOR) AGREES TO RELEASE AND HOLD HARMLESS THE CONTEST ENTITIES AND THEIR RESPECTIVE ADVERTISING AND PROMOTION AGENCIES, RETAILERS, DISTRIBUTORS AND SUPPLIERS AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, MEMBERS, MANAGERS, AGENTS, REPRESENTATIVES, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “RELEASED PARTIES”) FROM ANY AND ALL INJURIES, CLAIMS, LOSSES AND DAMAGES OF ANY KIND TO PERSONS, INCLUDING DEATH, BODILY INJURY OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY PRIZE OR PARTICIPATION IN THIS CONTEST OR PARTICIPATION IN ANY CONTEST-RELATED TRAVEL OR OTHER ACTIVITY, OR ENTRANT’S FAILURE TO COMPLY WITH THE OFFICIAL RULES OR FROM ANY INTERACTION WITH, OR DOWNLOADING OF, COMPUTER CONTEST INFORMATION.
EACH ENTRANT AND WINNERS (INCLUDING THEIR PARENTS/LEGAL GUARDIANS IF RESIDENTS OF A JURISDICTION THAT DEEMS THEM TO BE MINORS) ASSUMES ALL LIABILITY FOR ANY INJURY, DEATH, OR DAMAGE CAUSED, OR ALLEGEDLY CAUSED BY: (A) PARTICIPATION IN THE CONTEST OR ANY CONTEST RELATED ACTIVITY OR TRAVEL; (B) THE AWARDING, DELIVERY, ACCEPTANCE, USE, MISUSE, POSSESSION, LOSS OR MISDIRECTION OF ANY PRIZE; (C) ANY INTERACTION WITH, OR DOWNLOADING OF, COMPUTER CONTEST INFORMATION; (D) ENTRANT’S FAILURE TO COMPLY WITH THE OFFICIAL RULES.
In addition to the foregoing, Released Parties are not responsible for: (1) any incorrect or inaccurate information or technical failures of any kind; (2) unauthorized human intervention in any part of the Entry process or the Contest; (3) any lost, stolen, delayed, damaged or misdirected entries regardless of the circumstances; or (4) any other computer, network, technical, human or other error, problem or malfunction that may occur in connection with the administration of the Contest, the processing of Entries, or the selection or notification of Winners. Further, if, for any reason, the Contest is not capable of running as planned for reasons outside the control of the Sponsor which, in the sole opinion of Sponsor, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest (or portion thereof), Sponsor reserves the right, at Sponsor's sole discretion, to cancel, terminate, modify or suspend the Contest (or portion thereof). In the event of such cancellation, termination, modification or suspension, Sponsor will select Winner from all eligible, non-suspect Entries received prior to such action. Sponsor also reserves the right at Sponsor's sole discretion to disqualify the Entry of any individual found to be (a) tampering or attempting to tamper with the Entry process or the operation of the Contest or any website operated by the Contest Entities; (b) using any robotic, macro, automatic, programmed or like entry methods, which will void all such Entries; (c) violating these Official Rules or the terms of service, conditions of use, and/or general rules of any Sponsor property or service; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person.
AN ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE WEBSITE(S) OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND IF SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
10. INDEMNIFICATION: BY PARTICIPATING IN THE CONTEST EACH ENTRANT AND WINNERS (INCLUDING THEIR PARENTS/LEGAL GUARDIANS IF RESIDENTS OF A JURISDICTION THAT DEEMS THEM TO BE MINORS) AGREES: (A) TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF SPONSOR; AND (B) TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE CONTEST ENTITIES AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, MEMBERS, MANAGERS, AGENTS, REPRESENTATIVES, EMPLOYEES, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS (INCLUDING REASONABLE ATTORNEYS' AND LEGAL FEES) AND EXPENSES OF ANY KIND THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM: (1) THE CONTEST; (2) RECEIPT, USE, MISUSE OR REDEMPTION OF ANY PRIZE; (3) PARTICIPATION IN ANY PRIZE RELATED ACTIVITIES OR TRAVELS (INCLUDING WITHOUT LIMITATION, ANY PROPERTY LOSS, DAMAGE, PERSONAL INJURY OR DEATH CAUSED TO ANY PERSON(S)).
11. DISPUTES: THE CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO THE CONFLICTS OF LAW DOCTRINE OF ANY JURISDICTION. THE FORUM AND VENUE FOR ANY DISPUTE RELATING THERETO SHALL BE IN ORANGE COUNTY, CALIFORNIA. IF THE CONTROVERSY OR CLAIM RELATING TO SUCH DISPUTE (“CLAIM”) IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, SUBJECT TO APPLICABLE LAWS IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. (“JAMS”), IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN ORANGE COUNTY, CALIFORNIA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET EXPENSES INCURRED, BUT SHALL IN NO EVENT INCLUDE ATTORNEYS’ FEES, AND UNDER NO CIRCUMSTANCES WILL ANY ENTRANT OR WINNER (INCLUDING THEIR PARENTS/LEGAL GUARDIANS IF RESIDENTS OF A JURISDICTION THAT DEEMS THEM TO BE MINORS) BE PERMITTED TO OBTAIN AWARDS FOR, AND HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES AND WAIVE ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. ENTRANTS AND WINNERS (INCLUDING THEIR PARENTS/LEGAL GUARDIANS IF RESIDENTS OF A JURISDICTION THAT DEEMS THEM TO BE MINORS) SHALL NOT BE PERMITTED TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. FOR THE AVOIDANCE OF DOUBT, UNLESS PROHIBITED BY LAW ALL DISPUTES AND CLAIMS SHALL BE RESOLVED INDIVIDUALLY, IN ACCORDANCE WITH THESE OFFICIAL RULES AND WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
12. INSTAGRAM RELEASE: THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM. ALL ENTRANTS (THEIR PARENTS/LEGAL GUARDIANS IF RESIDENTS OF A JURISDICTION THAT DEEMS THEM TO BE MINORS), AS A CONDITION OF ENTRY INTO THE PROMOTION, AGREE TO INDEMNIFY, RELEASE, AND HOLD HARMLESS, INSTAGRAM, INC., ITS PARENT, SUBSIDIARY AND AFFILIATE COMPANIES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, CLAIMS, DEMANDS OR ACTIONS OF ANY KIND WHATSOEVER FOR INJURIES, DAMAGES, OR LOSSES TO PERSONS OR PROPERTY WHICH MAY BE SUSTAINED IN CONNECTION WITH: (A) ACCESSING INSTAGRAM OR THIS PROMOTION; (B) SUBMITTING AN ENTRY OR OTHERWISE PARTICIPATING IN ANY ASPECT OF THE PROMOTION; (C) THE RECEIPT, ACCEPTANCE, OWNERSHIP OR USE, MISUSE, OR LOSS OF ANY PRIZE AWARDED; OR (D) ANY TYPOGRAPHICAL OR OTHER ERROR IN THESE OFFICIAL RULES OR THE ANNOUNCEMENT OF THE OFFERING OF THE PRIZE.
14. RULES/WINNERS’ LIST REQUESTS: To obtain a copy of these Official Rules or for notification of the Winner (after Contest Period closes), send a self-addressed stamped envelope to: VonZipper’s Support Wildlife Photo Contest Official Rules/Winner List Request, Burleigh Point Ltd. DBA VonZipper, 121 Waterworks Way, Irvine, CA 92618. Requests for winners' lists must be received no later than three (3) months after the end of the Contest Period. Vermont residents may omit postage.
15. SPONSOR: Burleigh Point Ltd. DBA VonZipper, 121 Waterworks Way, Irvine, CA 92618
INSTAGRAM is a registered trademark of Instagram, Inc. This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram.
TM & © 2016 Burleigh Point Ltd. DBA VonZipper. All rights reserved.