Tours4Fun 2014 Instagram Photo Contest Official Rules
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1. NO PURCHASE IS NECESSARY TO ENTER OR WIN.
A purchase will not increase your chances of winning. Participation constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules. The Tours4Fun 2014 Instagram Summer Photo Contest will be held online from 12:00 a.m. Pacific Time ("PT"), September 1, 2014 ("Contest Start Date"), to 11:59 p.m. PT, September 25, 2014 ("Contest Period"). The Contest is sponsored by Tours4Fun (the "Sponsor"). -
2. ELIGIBILITY.
You must be 18 years of age or older as of "Contest Start Date." Tours4Fun's employees and their immediate families are not eligible to participate or claim a prize. Void where prohibited or restricted by law. All federal, state and local laws, rules and regulations apply. By participating, entrants agree to abide by all terms of these Official Rules and to the decisions of the judge, and waive any right to claim ambiguity in the Contest or these Official Rules. -
3. HOW TO ENTER.
a. Have an Instagram account: If you are not a member, you may find links to download the free app here: http://instagr.am/
b. Follow @Tours4Fun, and post a new, original photo that represents your favorite, fun, or best summer travel memory with hashtag "#tours4fun" and mention @Tours4Fun.
c. You must follow @Tours4Fun and have a non-private Instagram account to enter the Contest and maintain such non-private account for at least sixty (60) days after the Contest Period ends to be eligible to be named the potential winner and to claim a prize.
d. By submitting an Entry, Entrant hereby agrees to these Rules and grants permission for the Entry, including the Entrant's Instagram account name, to be posted on Tours4Fun's website or other website for public view. All Entries are subject to verification of compliance with these Rules as determined by Sponsor. No mechanically reproduced entries will be accepted.
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4. ENTRY GUIDELINES AND REQUIREMENTS. Each Entry:
- Must be in English;
- Must include the hashtag "#tours4fun" and mention @Tours4Fun;
- Must not contain material that violates or infringes another's rights (whether living or deceased), including, but not limited to, privacy, publicity, copyright or other intellectual property rights;
- Must not contain any logos, brand names or trademarks other than Sponsor's;
- Must have approval from any persons (if minors, approval from their parent or legal guardian) appearing in the Entry and the Entrant
- Must be able to provide express written consent of every such person appearing in the Entry to Sponsor and/or Administrator if requested;
- Must not disparage Sponsor or any other person or party affiliated with the promotion and administration of this Contest;
- Must not include any personally identifiable information of any person, such as full name, address or phone number;
- Must be the sole, exclusive and original work of the Entrant and must not contain images or artwork, quotes, parodies or other materials not created by Entrant;
- Must not have been submitted previously in a promotion or contest of any kind;
- Must not contain, facilitate, reference, or use material that is fraudulent, inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous;
- Must not contain, facilitate, reference or use material that contains prohibited content which shall include, but is not limited to content that promotes, suggests, or encourages:
i. Gambling, including without limitation, any content related to online casinos, sports books, bingo or poker;
ii. The use of firearms/weapons/ammunition, any illegal drugs, prostitution, pornography, nudity, profanity or other adult content, violence, or the use of alcohol or tobacco products;
iii. The taking up of arms against any person, government or entity or otherwise challenges or seek to overthrow any government; - Must not contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way;
- Must not contain, facilitate, reference, or use material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, ethnicity, religion, nationality, disability, sexual orientation, political orientation, citizenship, ancestry, marital status, or age; and
- Must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Entry is created.
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5. SELECTIONS AND NOTIFICATION OF WINNERS.
Winners will be determined on or after September 25, 2014 by Sponsor's staff from among all eligible entries and notified via Instagram.
a) Top ten selected photos will be reposted on Tours4Fun's Instagram account and Facebook page.
b) Tours4Fun staff will choose the winning photos.
c) Two (2) winners, once confirmed, will be selected. One (1) Grand Prize winner will receive a Big Apple Helicopter Tour for two, Approximate Retail Values ("ARV") of Grand Prize is three hundred dollars ($300). One (1) Runner-Up will receive two tickets to 1-Day 1-Park Disneyland Park or Disney California Adventure Park, ARV of Runner-Up Prize is one hundred and eighty dollars ($180). To claim the prize, email marketing@tours4fun.com to redeem. All prizes must be redeemed by March 31, 2015.
d) The Contest winners are responsible for any and all tax obligations associated with participation in the Contest.
e) If the winner decides not to redeem the prize by March 31, 2015, Sponsor can make a donation to the charity of the winner's choice via JustGive.org.
The winner will be disqualified and an alternate winner will be selected if a selected winner fails to comply with these rules; cannot be contacted within a week of announcement; or is ineligible. Substitutions of similar value will be made at the sole discretion of the Sponsor if offers are no longer available. Acceptance of a prize constitutes permission to use the winners' names, likenesses, winning photo or video, and statements for promotional and publicity purposes without additional compensation or limitation unless prohibited by law. Sponsor reserves the right to substitute a prize (or portions thereof) of equal or greater value if prize (or portions thereof) cannot be awarded as described. Sponsor will determine all elements of prizing in its sole discretion. There is a limit of one (1) prize per person. Prize may not be assigned, transferred, changed or redeemed for cash, except at the sole discretion of Sponsor. Prize is awarded "as is" with no warranty or guarantee express or implied by Sponsor. Sponsor disclaims all and any liability for the actual provision, quality or nature of any third party product or service accepted by the winner. The awarding of any prize is contingent upon full compliance with these Official Rules. Donation to the charity is at the sole discretion of Sponsor and amount is not to exceed $100. -
6. INTERNET LIMITATIONS OF LIABILITY.
If for any reason this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest in whole or in part, at any time, without notice and award the prizes using all non-suspect eligible entries received as of this termination date. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by the Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant's or any other person's computer relating to or resulting from participation in this Contest or downloading any materials in this Contest.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event of a dispute as to the identity of a winner based on an e-mail address, the winning 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 to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted e-mail address. -
7. INDEMNIFICATION AND RELEASE.
By entering the contest and participating in any promotions relating thereto, each entrant agrees to release and hold Sponsor, their respective affiliates, subsidiaries, parent companies, officers, directors, shareholders, employees, agents, participating retailers and any other companies participating in the design, administration or fulfillment of this contest and their respective officers, directors, employees, and agents, harmless from any and all losses, rights, claims, injuries, damages, expenses, costs or actions of any kind resulting in whole or in part, directly or indirectly, from participation in this contest or any sweepstakes-related activity, or acceptance, possession, use or misuse of the prize or parts thereof, including without limitation personal injuries, death and property damage and claims based on publicity rights defamation or invasion of privacy. -
8. INTELLECTUAL PROPERTY RIGHTS.
Participants submitting a photo each entrant Warrants that his/her photo is his/her own original work. Grants to Tours4Fun, its sublicensees, agents, and representatives and assigns (the "Licensed Entities") in perpetuity, the irrevocable, sublicensable, non-exclusive, absolute license, right and permission to publish, display, reproduce, modify, edit, translate, combine with other material, adapt, exploit or otherwise use the photo in whole or in part in any and all media (whether now existing or hereafter devised) throughout the world in any manner and/or for advertising or promoting Tours4Fun, the Contest, or for any other reason, without further review, notice, approval, consideration, or compensation; Waives all "moral rights", "droit moral" or unfair competition with respect to use of his/her photo in favor of Tours4Fun. Waives and agrees to release and hold harmless Tours4Fun and its respective agents, employees, directors, successors, and assigns (collectively, the "Released Parties") from and against any and all claims that entrant may now or hereafter have in any jurisdiction based on such rights or based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action. Tours4Fun reserves the right, at its sole discretion, to modify, edit or any photo. Each entrant agrees that the Licensed Entities may, but are not required to; attribute a photo to an entrant. Each entrant agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Tours4Fun, its sublicenses, agents, and representative, on the grounds that any use of any entry, photo or any derivative works, infringe or violate any of entrant's rights therein. Each entrant acknowledges and agrees that nothing in these Rules require Tours4Fun to use a photo in part or in whole in any related property. -
9. TAX INFORMATION.
All applicable Federal, state and local tax liabilities and any other incidental expenses, fees or costs associated with the receipt or use of any prize are the sole responsibility of the winners. -
10. SPONSOR. Tours4Fun: 317 E. Foothill Blvd., #100 (First Floor),
Arcadia, CA 91006
USA