People to People Ambassador Programs' The #nextsummerhere Photo Contest on Instagram Official Rules
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People to People Ambassador Programs’ The #nextsummerhere Photo Contest on Instagram Official Rules The #nextsummerhere Photo Contest on Instagram (“Contest” or “#nextsummerhere Instagram Challenge”) is sponsored by Ambassador Programs, Inc., d/b/a People to People Ambassador Programs, located at Dwight D Eisenhower Building, 1956 Ambassador Way, Spokane, WA 99224-4002 (“Sponsor”). By submitting an entry into the #nextsummerhere Instagram Challenge each entrant agrees to the Official Rules and warrants that his or her entry complies with all requirements set out in the Official Rules. THIS IS A SKILL-BASED CONTEST WHERE CHANCE PLAYS NO PART IN THE DETERMINATION OF WINNERS. Eligibility. The #nextsummerhere Instagram Challenge is open to the public. The Contest makes use of the Instagram platform. Each entrant must be a registered user of Instagram and comply with the Instagram Terms of Use found at http://instagram.com/legal/terms/, as applicable, in order to enter the Contest. To the extent of any conflict between these Official Rules and the Instagram Terms of Use, these Official Rules will apply. Instagram applications are free at the time of publication of these Official Rules. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY OR ASSOCIATED WITH INSTAGRAM. Entrant must be 13 years or older at the time of entry and be a legal resident of the United States (including Puerto Rico, the District of Columbia, and the U.S. Territories). Employees, officers and directors of Sponsor and its affiliates, its advertising and promotional agencies, its judging organization, manufacturers, or distributors of Contest materials and their immediate families (parents, children, siblings, spouse) and members of the same household (whether related or not) are not eligible. 1. Contest Period The contest begins on August 21, 2014 at 12:00:00 PM PT and ends on November 15, 2014 at 11:59:59 PM PT (the “Contest Period”). Winner will be announced on Instagram (see Section 6). Sponsor’s computer is the official timekeeper of the Contest. 2. How to Enter To enter the Contest, use the Instagram application on your Instagram compatible phone (your carrier’s standard data rates apply) during the Contest Period to take and submit a photograph (each, a “Photo”). There is no limit to the amount of entries each entrant submits during the contest period. Submit Photos through the Instagram mobile application in accordance with the following instructions:
Instructions: • If you do not already have the Instagram application downloaded to your mobile device, you must download the Instagram application on your mobile device and you must be a registered user of Instagram and have an established Instagram username in order to enter. If you are not an existing member of Instagram, you will be required to follow the directions and join Instagram. When you join Instagram, you are indicating that you have read and agree to accept the Instagram Terms of Service and Privacy Policy. Membership to Instagram is free. • Follow @Peopletopeopleambassadors. • Use Instagram to upload a Photo that features a downloaded destination photo from www.peopletopeople.com.nextsummerhere (each, a “Theme”). • Upload your Photo to Instagram. Be sure to tag our profile (@PeopletoPeopleAmbassadors) and include the hashtag #nextsummerhere in the caption. • In order to submit an entry, you must be an active holder of a non-private Instagram account at the time of submission. All entry information and Photos shall be collectively referred to herein as the “Submissions” or each as a “Submission.” Sponsor reserves the right to cancel or modify this Contest in the event an insufficient number of Submissions are received that meet the minimum Judging Criteria as set forth below in Section 4. When you enter the Contest using your Instagram compatible phone, your wireless service provider's text message and data rates apply. Entrants should consult their wireless service provider’s pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier. Entrants should check their Instagram compatible phone’s features for capabilities and check the manual for specific use instructions. All entrants must have a valid email address. Only Submissions submitted via Instagram in digital format will be eligible. By entering, each entrant warrants and represents the following with respect to their Submission: (a) entrant is the sole and exclusive owner of the Submission; (b) the Submission is entrant’s own creation and is one hundred percent (100%) original; (c) the Submission will not infringe on any rights of any third parties; and (d) any third party whose person or property appears in the Submission has given entrant appropriate written consent (which shall be provided to Sponsor upon request thereof) for such person or property to be photographed and used as permitted herein. By entering, each entrant further agrees that his or her Submission conforms to the Submission Requirements set forth below and that Sponsor, in its sole discretion, may reject any entrant’s Submission and disqualify him or her from the Contest if Sponsor believes, in its sole discretion, that such Submission fails to conform to the Submission Requirements. Submission Requirements
The following submission requirements must be followed in order to enter this Contest. • The Submission must be in a format suitable for upload on Instagram. • The Submission cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means; • The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement; • The Submission must not contain brand names or trademarks, except for Sponsor’s trademark for which entrant has a limited license to use for the sole purposes of creating and uploading a Photo into this Contest; • The Submission must be an original creation by the entrant; • The Submission must not contain material that is inappropriate, indecent, obscene, violent, hateful, tortious, defamatory, slanderous or libelous; • The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; • The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state or nation where the Submission is created; • The submission must not endanger the people in the photograph and/or the landmarks, buildings, art, landscape, animal life, etc.; • The Submission must adhere to the Instagram Terms of Use (http://instagram.com/legal/terms/) as applicable. Entrants submitting any image the Sponsor deems to have violated the requirements above, as determined by Sponsor in its sole discretion, will be disqualified from participation in the Contest and/or face additional sanctions that may include civil or criminal prosecution. No automated entry devices and/or programs permitted. All entries, including Submissions, become the sole and exclusive property of Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage- due, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed entry forms are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor. 3. Winner Determination THIS IS NOT A GAME OF CHANCE. One prize winner will be awarded. The winner will be determined by and selected through a judging process as set forth below. A judge shall, in his/her sole and absolute discretion, disqualify any Submissions that are inappropriate for any reason, including without limitation, for depicting or mentioning sex, violence, drugs, alcohol, and/or inappropriate language or for violation of any of the Submission Requirements as set forth above in Section 3. All
Submissions will be judged by a judge that has the required knowledge and experience to apply the Judging Criteria (as defined below). Submissions will be judged based on the following equally-weighted judging criteria: (a) relevance of Submission to the Theme; (b) artistic composition; and (c) creativity (the “Judging Criteria”). Subject to verification and compliance with these Official Rules, the winner will be selected by the judge in accordance with the Judging Criteria. In the event of a tie, the Submission with a higher “Relevance of the Submission to the Theme” score will break the tie. By entering the Contest, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judge, which will be final and binding in all matters relating to the Contest. 4. Prize Details One winner will receive a full-tuition credit (up to $7,000) for international Student Ambassador travel in 2015. Approximate retail value (“ARV”) of prize is $7,000.00 USD. Prize does not include and cannot be used to offset the cost of: transportation to or from the winner’s residence to the local major airport (as determined by Sponsor in its sole discretion) nearest the winner’s local area; passport fees; optional travel insurance (Travel Insurance Plan or the Cancel For Any Reason Benefit Upgrade); airline unaccompanied minor fees; excess baggage or baggage weight fees; personal expenses; Program upgrades including, but not limited to, pre-Program and post- Program extensions, deviations from the itinerary, transfers, airline seat ticket upgrades, accommodation upgrades, optional products or services, or any other expenses not specifically listed herein (any such unspecified expenses shall be the sole responsibility of winner). The Prize will be awarded to the entrant or his/her parent/legal guardian if the entrant is a minor in his/her state of residence. Winner, or his/her parent/legal guardian if he/she is a minor, must agree to be bound by these Official Rules as a condition to being awarded the Prize. Prize does not include federal, state and local taxes and shall be the winner’s sole responsibility. The Prize may not be combined with any other offer, discount our promotion. Prize is non- transferable. No substitutions or cash redemptions. In the case of unavailability of any Prize, Sponsor reserves the right to substitute a prize of equal or greater value. 5. Notification Potential winner will be chosen during the Contest Period, and notified via Instagram by Sponsor posting a comment to the potential winner’s entry on the potential winner’s Instagram account. If the potential winner does not respond to such notification by November 21, 2014, if Prize or Prize notification is returned as undeliverable, if winner rejects his/her Prize, or in the event of noncompliance with these Official Rules and requirements, such Prize will be forfeited and no compensation will be given. Potential winner may be required to sign and return, where legal, an Affidavit of Eligibility, Liability/Publicity Release and/or rights transfer document as requested by Sponsor. Additionally, winner may be required to obtain releases from any and all third parties appearing in their respective Submissions. Failure to provide the foregoing documents may result in Prize forfeiture. If winner is considered a minor in his/her jurisdiction of residence, Affidavit of Eligibility,
Liability/Publicity and rights transfer document must be signed by his/her parent or legal guardian. No alternate winner will be chosen in the event of Prize forfeiture and no compensation will be given. 6. License for Use of Submitted Photo By entering the Contest, all entrants grant an irrevocable, perpetual, royalty free, worldwide, non-exclusive license to Sponsor, and its respective affiliates, partners, and promotion and advertising agencies (“Authorized Parties”), to reproduce, distribute, display, incorporate, broadcast, publish, exploit, adapt, modify, and create derivative works of the Submission in connection with the Contest and promotion of the Contest, in any media now or hereafter known, including, but not limited to: any product or service, whether electronically or in print, including, but not limited to, any online highlighting of the entries or winners of the Contest, marketing and advertising materials, social media channels, publications, catalogues, brochures, books, magazines, photo exhibits, correspondence, motion picture films, videotapes, commercials, informational, or educational materials. Entrants consent to the Authorized Parties doing or omitting to do any act that would otherwise infringe the entrant’s “moral rights” in their Submissions. Further, by providing a Submission entrant consents to Submissions being cut, edited, reformatted, rearranged, combined with other materials and/or otherwise modified, in Sponsor’s sole and absolute discretion. Display or publication of any Submission on an Authorized Party’s website does not indicate the entrant will be selected as a winner. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use. Additionally, by entering, each entrant grants to Authorized Parties the unrestricted right to use all statements made in connection with the Contest, and names, pictures or likenesses of Contest entrants, or choose not to do so, at their sole discretion. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use. 7. Taxes All federal, state and local taxes and other tax obligations are the responsibility of the winner, or his/her parent/legal guardian is he/she is a minor, as applicable. Winner should consult with their tax advisor for any tax obligations associated with the Prize. 8. Conditions By participating, entrants and winner each agree to release, indemnify, and hold harmless Sponsor and its affiliates, partners, and promotion and advertising agencies, and each of their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers, and directors (collectively, the “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost, or expense whatsoever, including without limitation property damage, personal injury, damage, and/or death that may occur, directly or indirectly, whether caused by negligence or not, which may occur in connection with participation in this Contest, or possession, acceptance and/or use or misuse of Prize
or participation in any Contest-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. The winner also agrees to make a minimum of 10 social media posts while traveling on the summer 2015 People to People Ambassador Program. Details of social media instructions will be provided to the winner 30 days prior to departure. Winner hereby acknowledges that Released Entities have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Submission or the Prize. Sponsor is not responsible if Contest cannot take place or if the Prize cannot be awarded cancellations, delays, or interruptions due to acts of God, acts of war, natural disasters, weather, acts of terrorism, or any other cause outside of Sponsor's reasonable control. There is no purchase or sales presentation required to participate. A purchase does not increase odds of winning. In case of dispute as to the identity of any entrant, entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. “Authorized Account Holder” is defined as the natural person who is assigned an e- mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning e- mail addresses for the domain associated with the submitted e-mail address. Any potential winner may be requested to provide Sponsor with proof that such winner is the authorized account holder of the e-mail address associated with the winning entry. 9. Use of Winner's Names; Limitation of Liability Winner agrees that (except where prohibited) Sponsor may use winner's name, picture, portrait, likeness, address (city and state), biographical information, statements, and voice in any and all media throughout the world in perpetuity for advertising and promotional purposes without further notice or compensation. ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY ARBITRATION. The arbitration shall be conducted in the State of Washington, City of Spokane. THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of Spokane in the State of Washington. The parties agree not to raise the defense of forum non conveniens. Sponsor reserves the right, in its sole discretion, to cancel, modify, or suspend part or all of this Contest should virus, bugs, non-authorized human intervention, or other causes beyond the control of Sponsor corrupt or impair the administration, security, fairness, or proper play of the Contest. In such event, Sponsor may award the
Prize(s) from all eligible entries received up to the date of cancellation or suspension or take such other action as Sponsor deems appropriate, in its sole discretion. Sponsor and its promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, Website, App, Internet or ISP unavailability, unauthorized human intervention, fraud, incomplete, garbled, inaccurate, or delayed computer transmissions, or capture of entry information, whether caused by Sponsor, entrants or by any of the equipment or programming associated with or utilized in this Contest or by any technical or human error which may occur in the processing of submissions which may damage an entrant’s computer or system or limit an entrant's ability to participate in this Contest or affect the determination of the winner. No automatic, programmed, robotic, or similar means of entry are permitted; any such attempted form of entry is prohibited. Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by tampering with the entry process, cheating, hacking, deception, or other unfair playing practices (including, without limitation, the use of automated quick entry programs) or intending to annoy, abuse, threaten, or harass any other entrants or Sponsor representatives. Contest is void where prohibited and subject to federal, state and local laws. CAUTION: ANY ATTEMPT BY AN ENTRANT TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY'S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. 10. Limitation of Liability; Disclaimer of Warranties IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE CONTEST, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE CONTEST. IN NO EVENT SHALL THE RELEASED ENTITIES’ TOTAL LIABILITY TO ENTRANT FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $100. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE
LIMITATIONS OR EXCLUSIONS. 11. Use of Data Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. Please review the Sponsor’s privacy policy at http://peopletopeople.com/privacy.php. By participating in the Contest, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy. 12. Winner Information/Winner’s Name To obtain information on the winner/the name of the winner, send a self-addressed, stamped envelope by December 15, 2014 to: Ambassador Programs Inc., 1956 Ambassador Way, Spokane, WA 99224-4001, Attention: The #nextsummerhere Photo Contest on Instagram. 13. Sponsor Ambassador Programs, Inc., d/b/a People to People Ambassador Programs, is a Delaware corporation, qualified to do business in the State of Washington, with its corporate headquarters located in Spokane, Washington. Ambassador Programs, Inc. is in the business of arranging and operating group student, athlete, and professional educational and exchange travel programs. Ambassador Programs, Inc. is registered or is registering as a “seller of travel” in California (Reg. No. 2039729-20), Florida (Reg. No. ST36276), Hawaii (Reg. No. 0032984F1), Iowa (Reg. No. 798), Nevada (Reg. No. 2005-0051) and Washington (Reg. No. 601648165). Registration as a seller of travel does not constitute approval by that state. Instagram, LLC is not a sponsor of this Contest and has not authorized or otherwise sanctioned or agreed to this Contest and/or the use of Instagram’s name and/or service for the purposes set forth herein.
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