Official Rules for Trover’s #Waterlust Photo Challenge
1. ELIGIBILITY. The Challenge is open to individuals who are 18 years of age or older. Employees of Trover or Hecktic Media Inc (collectively, “Sponsor”) and Sponsor’s parent companies, franchisees, partners, retailers, affiliates, subsidiaries, advertising and promotion agencies, printing suppliers and any other individual or company involved in the development or execution of the Challenge (collectively the “Promotion Parties”) and the immediate families (spouse, parents, children, siblings, and their respective spouses) and household members of each such employees (whether related or not), are not eligible to play or win. This Challenge is subject to all applicable federal, state and local laws and regulations, and void where prohibited by such laws. By participating, you agree to these Official Rules and the Sponsor’s decisions are final and binding in all respects. Sponsor reserves the right to verify eligibility qualifications of the winners.
2. HOW TO ENTER. The Challenge begins at 12:01 a.m. July 10, 2015, Pacific Daylight Time (PDT) and ends 11:59 p.m. July 20th, 2015 Pacific Daylight Time (PDT) (“Entry Period”). During the Entry Period, enter by writing “#waterlust” in either 1) the details field or 2) the comments field associated with a photograph (“Photo”) displaying a location where water-based recreational activities can occur which you have uploaded on the Trover platform. For each successfully completed submission, you will receive one (1) entry (“Entry”) in the Challenge. By submitting an Entry, you agree that your Entry conforms to the Entry Guidelines and Content Restrictions as defined below (collectively, the “Entry Guidelines and Restrictions”). USERS MAY UPLOAD AN UNLIMITED AMOUNT OF VALID ENTRIES.
In the event of a dispute as to any registration, the authorized account holder of the email address used to register for an account will be deemed to be the registrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder. Sponsor cannot accurately predict the number of Entries which will be made to the Challenge. ONCE YOU SUBMIT AN ENTRY, YOU GRANT ITS UNLIMITED, NON-EXCLUSIVE LICENSE TO SPONSOR IN PERPETUITY.
3. ENTRY GUIDELINES AND RESTRICTIONS. An Entry must meet the following guidelines (“Entry Guidelines”):
– The Entry must comply with the Terms of Service and Use and Community Guidelines. Sponsor reserves the right to delete or disregard entries that are inappropriate or that do not comply with the foregoing; and
The Entry must additionally comply with the following restrictions (“Content Restrictions”):
– The Entry must display a location where water-based recreational activities can occur;
– 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 that constitutes copyright infringement;
– The Entry must not contain material that is hateful, tortuous, defamatory, slanderous or libelous toward any person living or deceased, or otherwise infringe upon any person’s personal or proprietary rights;
– The Entry must not contain material that is obscene, sexually explicit or pornographic or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that is designed to annoy or harass;
– The Entry must not make any references to alcoholic beverages, tobacco, drug paraphernalia, firearms, or any depiction or representation thereof;
– The uploaded submission must not contain any virus, Trojans, hacks, spyware or malicious code of any type;
– The Entry must be suitable for audiences of all ages and be consistent with Sponsor’s reputation in the marketplace, including its reputations for quality and integrity; and
– 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 Challenge. No Entry will be acknowledged or 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 10 below, SUBMITTING AN ENTRY IN THIS CHALLENGE 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 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 Entry Site. Promotion Parties are not responsible for inability to upload the Photo. Sponsor, in its sole discretion, may feature any submission submitted in this Challenge at any time during, or after, the Entry Period on any related websites, in any promotional materials, whether related or unrelated to the Challenge, and at any other location, whether physical or online, that Sponsor, in its sole discretion, deems appropriate for the operation and promotion of this Challenge.
4. WINNERS DETERMINATION. At the end of the Entry Period, Sponsor will select one Grand Prize winner from all eligible entries. 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 three (3) calendar days, they will be disqualified and an alternate winner will be selected. Each winner of the Challenge may be required to complete and return (within 10 calendar days of written notification) an Affidavit of Eligibility and a Liability/Publicity Release. Winners 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. Each 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.
5. PRIZES; ODDS OF WINNING. The odds of winning depend on the total number of all eligible entries received and the relative performance of all entrants. One (1) Grand Prize winner will receive $1500. Approximate Grand Prize value: $1500 USD. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. VOID WHERE PROHIBITED.
6. REPRESENTATIONS AND WARRANTIES BY ENTRANT. By submitting an Entry the entrant warrants that (i) the Entry complies with these Official Rules, including without limitation all Entry Guidelines and Content Restrictions; (ii) the Entry complies with all applicable laws, rules, and regulations; (iii) Promotion Parties will not be required to make any payments to any third party in connection with its use of any Entry; and (vii) the entrant shall indemnify and defend the Promotion Parties against any and all claims or causes of action arising out of any of any of the foregoing representations and warranties.
7. LIMITATIONS OF LIABILITY. In the event of a printing or production-related error, Promotion Parties shall have no liability. In no event shall more prizes be awarded than the number stated in Section 5 above. All federal, state and local taxes are the sole responsibility of winner. Acceptance of the prize constitutes permission to the Sponsor and its affiliates to use winner’s names and/or likeness for advertising and publicity purposes, without further compensation, except where prohibited by law. By participating, the entrant agrees to release, defend, hold harmless and indemnify the Promotion Parties and their respective parents, directors, officers, employees, shareholders and agents against any and all liability, damages claims or causes of action (however named or described), with respect to or arising out of entrant’s participation or inability to participate in this Challenge, and/or the receipt, use or misuse of the prizes awarded herein.
9. WINNERS LIST. List of winner(s) will be published on the Sponsor’s website at http://www.trover.com for a month following the end of the Entry Period and will be available by written request to Sponsor (at address listed above) after that period of time.
10. GRANT OF RIGHTS; WARRANTIES AND REPRESENTATIONS. As a condition of participation in this Challenge, each entrant hereby grants and agrees to grant to Sponsor and its affiliates the non-exclusive worldwide, royalty free right and license to reproduce, modify, use, post, publish, perform, display, and otherwise distribute in any medium (including, but not limited to online on the Entry Site), the uploaded Photo for any purpose, and/or otherwise use or exploit in connection with the promotion, publicity and/or advertising of the Challenge and/or Sponsor the uploaded Photo (including, without limitation, the likenesses of the entrant appearing in the uploaded Photo) submitted by the entrant as part of his/her Entry process.
11. FTC DISCLOSURE GUIDELINES. To the extent winners post or publish reviews of any of the prizes, 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.”
12. GENERAL. This Challenge is subject to all applicable federal, state, and local laws and regulations. Sponsor reserves the right to modify the winning image. Sponsor reserves the right to modify the rules at any time. The laws of the State of Washington govern this Challenge without reference to choice of law principles. Any dispute regarding the Challenge is exclusively subject to binding arbitration (with one (1) arbitrator sitting) in Seattle, Washington pursuant to the commercial arbitration rules of the American Arbitration Association. Entrants hereby irrevocably waive any and all right to a trial by jury in any legal proceeding arising out of or relating to the Challenge. Entrants further waive any objection to venue in Seattle, Washington, whether such objection is based on lack of personal jurisdiction, improper venue, forum non conveniens, or the like.