Trover’s “#AboveItAll” Photo Challenge Promotion (the “Promotion”)
No Purchase Necessary To Enter or Win. A Purchase Will Not Increase Your Chances of Winning.
Information on how to enter, the prize and rules for redeeming the prize form part of the terms and conditions of entry for the Promotion. Participation in the Promotion is deemed to be acceptance of these Official Rules (“Official Rules”) and any other notices (including the prize terms and conditions) referenced herein.
In these Official Rules, the term “you” refers to any person who enters, or who wishes to enter, the Promotion.
- Eligibility: The Promotion is open only to individuals who are 18 years of age or older (or the age of majority in their jurisdiction of residence, whichever is older) as of the date of participation. Employees of Trover Inc. (“Sponsor”), Expedia, Inc. (“Expedia”) and each of their parent companies, subsidiaries, affiliates, prize suppliers and advertising/promotion agencies as well as the immediate family members (spouse, parents, siblings, and children, and each of their respective spouses, regardless of where they reside) and household members (whether or not related) to those employees, are not eligible to enter.
Ineligibility: The Promotion is not open to residents of Australia, Austria, Brazil, Mexico, Germany, France, Spain, Russia, Switzerland, Italy, India, Sweden, Cuba, Iran, North Korea, Sudan, Myanmar/Burma, Syria, Zimbabwe, Western Balkans, Belarus, Cote d’ Ivoire (Ivory Coast), Democratic Republic of Congo, Iraq, Lebanon, Liberia, Libya, Somalia, Canadian residents who reside in the province of Quebec and residents of any other country sanctioned by the Office of Foreign Assets Control (OFAC) of the US Department of the Treasury.
- Entry Period: The Promotion begins at 12.01 pm Pacific Daylight Time (“PDT”) (08.01 pm UK time) on August 15, 2018 and ends at 11.59 pm PDT on August 28, 2018 (07.59 am UK time) (the “Entry Period”). Sponsor’s computer is the official time-keeping device for the Promotion.
- How to Enter: During the Entry Period, to enter the Promotion you must open an account with www.trover.com (the “Website”) if you do not already have one. Accounts with the Website are available for free. Once logged on to your account, you must then upload to the Website an original photo that you have taken which has a primary subject matter related to the theme. When uploading your photo to the Website you must write “#AboveItAll” in either: (i) the details field; or (ii) the comments field associated with the photo which you upload to the Website. The photo must be at least 1000px wide and 800px tall, have a primary focal point in crisp focus without the overall picture being blurry or grainy and be accurately geo-pinned. For each successfully completed submission (each one consisting of a different original photo taken by yourself), you will receive one (1) entry (“Entry”) in the Promotion. To be eligible, your Entry must be received within the Entry Period.
IMPORTANT NOTE: Standard text messaging, data and/or other rates apply to participants who submit a post via a wireless mobile device. Wireless service providers may charge for airtime and/or data in relation to each standard text message sent and received. Please contact your service provider for pricing and service plan information and rates before mobile device participation.
- Entry Guidelines and Content Restrictions: An Entry must meet the following guidelines (“Entry Guidelines”): (a) the Entry must comply with the Terms of Service of the Website and these Official Rules. Sponsor reserves the right to delete or disregard Entries that are inappropriate or that do not comply with the foregoing; and (b) the Entry must additionally comply with the following restrictions (“Content Restrictions”): (i) is original to him/her; (ii) does not violate any law, statute, ordinance or regulation; (iii) the Entry must not contain material that violates or infringes another person’s rights, including but not limited to privacy, publicity or intellectual property rights, or infringe on any rights and/or interests of any third party; (iv) the Entry must not contain material that is hateful, tortious, defamatory, slanderous or libelous toward any person living or deceased, or otherwise infringe upon any person’s personal or proprietary rights; (v) the Entry must not contain material that is obscene, sexually explicit or pornographic or promote bigotry, racism, hatred or harm against any group or individual or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that is designed to annoy or harass; (vi) the Entry must not make any references to alcoholic beverages, tobacco, drug paraphernalia, firearms, or any depiction or representation thereof; (vii) the uploaded submission must not contain any virus, Trojans, hacks, spyware or malicious code of any type; (viii) the Entry must be suitable for audiences of all ages and be consistent with Sponsor’s reputation in the marketplace, including its reputation for quality and integrity; and (ix) the uploaded submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Entry is created.
Failure of any Entry to comply with the above Entry Guidelines and Content Restrictions, as determined by Sponsor in its sole discretion, may result in the deletion of the Entry and disqualification from the Promotion. No Entry will be returned. Sponsor shall have the right to delete, edit, adapt and publish any or all of the Entries, and may use them in any media without attribution or compensation to the Entrant, his/her successors or assigns, or any other entity. As more fully explained in Section 9 below, SUBMITTING AN ENTRY IN THIS PROMOTION CONSTITUTES A GRANT OF AN IRREVOCABLE, ROYALTY-FREE WORLDWIDE LICENSE TO SPONSOR AND ITS AFFILIATES TO REPRODUCE AND DISPLAY THE UPLOADED PHOTO, OR ANY DERIVATIVE THEREOF, IN ALL MEDIA NOW KNOWN OR HEREAFTER DEVISED, INCLUDING, WITHOUT LIMITATION, THE INTERNET, IN PERPETUITY. Promotion Parties (as defined below) are not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Entries. Such Entries are void and will be disqualified. Promotion Parties are not responsible for inability to connect to any website including but not limited to the Website. Promotion Parties are not responsible for inability to upload the Photo. Sponsor, in its sole discretion, may feature any submission submitted in this Promotion at any time during, or after, the Entry Period on any related websites, in any promotional materials, whether related or unrelated to the Promotion, and at any other location, whether physical or online, that Sponsor, in its sole discretion, deems appropriate for the operation and promotion of this Promotion.
- Warranties and Representations by Entrants: By submitting an Entry, you warrant that: (a) the Entry complies with these Official Rules, including without limitation all Entry Guidelines and Content Restrictions; (b) the Entry complies with all applicable laws, rules, and regulations; (c) Promotion Parties will not be required to make any payments to any third party in connection with its use of any Entry; and (d) you shall indemnify and defend the Promotion Parties against any and all claims or causes of action arising out of any of the foregoing representations and warranties.
Furthermore, Entrants represent and warrant that they have obtained all rights, licences, and permissions necessary, in writing, from any person who may have helped create their Entry and that their Entry to the Promotion fully complies with these Official Rules and: (a) is their original work; (b) has not previously been submitted in any competition or other promotion and has not won an award or prize of any kind; (c) does not contain any use of the 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 Sponsor upon request); (d) does not include trademarks, logos, or copyright protected material which belongs to third parties without permission (including, but not limited to, company names, music, photographs, motion picture or television programme clips or audio tracks, works of art, or images published on or in websites, television, movies, or other media); (e) is not subject to any third party agreements and Sponsor will not be required to pay or incur any sums to any person or entity as a result of its use (as set out in these Official Rules) or the exploitation of the idea or video or rights therein; (f) does not defame, misrepresent, or contain disparaging remarks or any other content which could adversely affect the name, reputation or goodwill of Sponsor or any other individuals and/or entities (the determination of which shall remain in the sole discretion of Sponsor); (g) does not contain pornographic or sexual content, hateful or discriminatory content of any kind (including 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); (h) does not include threats of any kind or that intimidate, harass, or bully anyone, or invade the privacy of any person (the determination of which shall remain in the sole discretion of Sponsor); (i) does not violate any applicable local state, provincial, national or international law or include any content that would encourage or provide instructions for a criminal offence and (j) does not feature, refer to, or mention any brands competing with Sponsor or Expedia. Sponsor reserves the right to remove or temporarily suspend from the Promotion any content submitted if it suspects any breach of these Official Rules or if receives any complaint from a third party relating to such content.
- Determining the Winner: On or about August 31, 2018, at 11:00AM PDT (7:00PM UK time) at Sponsor’s office 645 Elliott Ave W, Floor 2, Seattle, WA, USA, a panel of qualified judges determined by Sponsor in its sole discretion will review all eligible entries submitted during the entire Promotion Period, and select one (1) potential winner for the Entry Period based on the following judging criteria:
- Written description of what is interesting about the photo
- Images that are consistently, accurately geotagged
- Have a primary focal point in crisp focus without the overall picture being blurry or grainy
- Quality of Entry
The Entrant with the highest score based on the Judging Criteria will be deemed a potential winner. In the event of a tie, the entrant whose Entry received the highest score for overall quality, as determined by the qualified judges, in their sole discretion, will be deemed the potential winner. Sponsor reserves the right to select fewer than one (1) winner if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries.
- Winner Notification: The winner will be notified by email using the contact information provided during the account creation process. If a winner does not respond by email to the notification within ten (10) calendar days, they will be disqualified and an alternate winner will be selected by means of a further random draw from all remaining eligible Entries. The winner of the Promotion may be required to complete and return within 10 calendar days of written notification, an Affidavit of Eligibility and a Liability/Publicity Release. The winner may also be required to submit personal identification information for tax purposes. Failure to comply with the 10-day time period may result in disqualification and an alternate winner selected by means of a further random draw from all remaining eligible Entries. The winner’s Entry submission and acceptance of the prize offered constitutes permission (except where prohibited) for the Sponsor to use said winner’s name, likeness, any public account information, and submission materials, in all forms of media worldwide, in perpetuity, without limitation, notice or further compensation.
- Entry Requirements: Entries submitted by any other method other than the method listed above in Section 3 will be automatically deemed invalid and will not be entered into the Promotion. Entries generated by script, macro or other automated means or practices, and entries by any means which subvert the entry process are void.
- Sponsor’s Rights to Submissions: Sponsor will review the photos submitted in connection with each Entry and may elect to post certain photos on any Sponsor websites. Sponsor also reserves the right to modify the winning image. Entrants of selected or posted photos will not be compensated and will not have an advantage in connection with this Promotion and having a photo selected/posted will not increase the applicable entrants chances of winning a prize. By entering, you grant Sponsor, its agents, licensees, and assigns an irrevocable, perpetual, non-exclusive, sublicensable, worldwide, royalty-free license and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Entry and all elements of such Entry (including, without limitation, the likenesses of the entrant appearing in the uploaded photo), as-is or as-edited (with or without using your Website account name) in any media, for any purpose, without limitation, and without additional notification, review, compensation, or approval from you or any other party.
- Potential Winner Requirements: The potential winner will be required to provide Sponsor with some form of age-verification ID before the prize will be awarded as set out in section 11. The potential winner may be required to execute and return to Sponsor an affidavit of eligibility, a liability release and, where lawful, a publicity release within ten (10) days of date of issuance. If documents are not returned within the specified time period, a prize or prize 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, prize will be forfeited and, at Sponsor’s discretion, an alternate potential winner may be selected by means of a further random draw from among all remaining eligible Entries received.
- Prizes: One (1) winner will be selected. Winner will receive a $1,500 prize (a travel voucher or cash, depending upon the Winner’s jurisdiction of residence) which may be used to book a pre-paid travel service on Expedia.com (or related Expedia site depending on Winner’s jurisdiction of residence). In the event that the winner selects a travel service which costs less than $1,500, the winner forfeits the remainder of the travel allowance. If travel service is greater than $1,500, the winner will be responsible for paying any amount greater than the value of the travel voucher. Travel voucher (if applicable) expires one (1) year from the date of issue and can only be used in one (1) booking. The prize is not transferrable to another person. The prize must be used in accordance with the prize terms and conditions (see Prize Terms & Conditions for details for the voucher terms). Any prize details not specified above will be determined by Sponsor, in its sole discretion.
To the extent the winner posts or publishes reviews or content regarding his/her acceptance of any prize, the winners must comply with the FTC’s endorsement guidelines: “Guides Concerning the Use of Endorsements and Testimonials in Advertising: Notice Announcing Adoption of Revised Guides”.
The winner and his/her guest(s) for any travel booked using the prize are responsible for obtaining any required necessary documentation (i.e., valid passport, visas, etc.) prior to travel. The winner is responsible for paying any applicable federal, provincial, state, local, income taxes and withholdings, if any, and any and all other costs and expenses not listed herein as being provided, including but not limited to ground transportation, luggage fees, meals, hotel incidentals, souvenirs and gratuities. In the event that any tax withholding is required by law for a prize, the winner authorizes Sponsor to make the corresponding deduction. The winner may not transfer, assign or substitute the prize, or redeem the prize for cash, except at the sole discretion of the Sponsor, who reserves the right to substitute the prize (or portion thereof) with one of comparable or greater value. The prize is awarded “as is” without any warranty or guarantee, either express or implied by Sponsor.
- General Conditions: In the event that the operation, security, proper play or administration of the Promotion is impaired in any way, Sponsor may, in its sole discretion, (a) suspend the Promotion to address the impairment and then resume the Promotion; or (b) terminate the Promotion and award the prize from among all non-suspect, eligible entries received up to the time of the termination. Sponsor reserves the right, in its sole discretion, to disqualify and seek any and all remedies available from any individual who tampers with the operation of the Promotion, violates these Official Rules, or acts in a disruptive or unsportsmanlike manner. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor by mail or via the internet shall not be deemed proof of receipt of that communication by Sponsor. The Promotion is subject to federal, state, provincial, and local laws and regulations, and is void where prohibited.
- Release and Limitations of Liability: Save where they have been negligent, by entering, you agree to release and hold harmless Sponsor, Expedia and their respective parents, subsidiaries, affiliates, and each of their respective officers, directors, employees, and agents (the “Promotion Parties”) from and against any claim or cause of action arising out of participation in the Promotion or receipt, use or misuse of the prize, including, but not limited to: (a) unauthorized human intervention in the Promotion; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) any errors on the Website that may impact entry; (d) printing errors; (e) lost, late, misdirected, garbled, inaccurate, or undeliverable entries, photos or mail; (f) errors in the administration of the Promotion; or (g) subject to the remaining sections of this section 13, injury or damage to persons or property. You further agree that in any cause of action, in no event shall the Promotion Parties be liable for attorney’s fees. To the extent permitted by law, you waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Nothing in these Official Rules shall in any way limit the Promotion Parties’ liability for death or personal injury caused by its negligence or for any other matter where liability may not as a matter of law be limited.
- Disputes: All Sponsor’s decisions in relation to the Promotion are final and Sponsor will not enter into any correspondence with entrants other than the winner. Except where prohibited by law, Entrants agree that any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or the prize awarded shall be resolved individually, without resort to any form of class action. This Promotion is subject to all applicable federal, state, and local laws and regulations. The laws of the State of Washington govern this Promotion without reference to choice of law principles. Any dispute regarding the Promotion is exclusively subject to the courts of the State of Washington. You hereby irrevocably waive any and all right to a trial by jury in any legal proceeding arising out of or relating to the Promotion. You further waive any objection to venue in the State of Washington, whether such objection is based on lack of personal jurisdiction, improper venue, forum non conveniens, or the like.
COUNTRY SPECIFIC NOTICE: If any provision of these Official Rules is invalid under the law, rules or regulations of a particular country, the invalidity of such provision shall not affect the validity of the remaining provision.
- Sponsor: The Promotion is sponsored by Trover Inc, PO Box 14329, Seattle, WA, USA 98104.
- Results: The winner will be announced on the Website for a month following the end of the Entry Period and will be available upon request by written request to Sponsor (at address listed above) after that period of time.