Vir.al “Show Us Your Most Beautiful Travel Photo Contest”
NO PURCHASE NECESSARY TO ENTER OR WIN. INTERNET ACCESS AND INSTAGRAM AND VIR.AL ACCOUNT ARE REQUIRED TO ENTER. Void in AK, HI and where prohibited.
ELIGIBILITY: The Vir.al “Show Us Your Most Beautiful Travel Photo Contest” (referred to as the “Promotion”) is offered in the contiguous United States including D.C. (excluding HI and AK) (“U.S.”), to individuals who are 21 or older at time of entry. Employees, officers and directors of Vir.al (“Sponsor”), its parent, subsidiary and affiliated companies, advertising and promotion agencies and any other individuals or entities (including employees, officers and directors of participating promotion partners and/or prize suppliers) who are engaged directly or indirectly in the development of, the production, distribution or review of materials for, or the administration, execution or implementation of this Promotion (collectively the “Promotion Entities”) and persons in the immediate family of such individuals (spouse, parent, child, sibling and their respective spouses including foster and step-relations) regardless of where they reside, or those living in their same household (whether or not related) as any person in any of the preceding categories are not eligible to enter.
PROMOTION PERIOD: Promotion starts on or about 12:00 am Eastern Time (“ET”) on or about June 1, 2017 and ends at 11:59 pm ET on June 30, 2017 (“Promotion Period”). It is anticipated that potential winner will be notified on or approx. ten working days after the end of the Promotion Period. All time referenced herein is Eastern Time. Entrants are solely responsible for determining the correct time zone in their respective jurisdictions; Promotion Entities disclaim all liability or responsibility relating thereto. Sponsor’s server/computer is the official time keeping device for the Promotion.
AGREEMENT BY ENTRANT: All Entries and participation in this Promotion shall be governed by these Official Rules. By participating in the Promotion, each entrant fully and unconditionally agrees to be bound to and accepts these Official Rules, and any additional terms and conditions specific to the Promotion communicated by Sponsor. By participating, Entrants further agree to be bound to the decisions of the Sponsor (and its authorized representatives), which are final and binding in all matters. By submitting an Entry, entrants agree to be contacted by Sponsor with notices and reminders pertaining to the Promotion. In addition, by entering and not opting out, to receive marketing communications from Sponsor each entrant agrees to receive advertising and promotional communications from Sponsor; you may later opt out at any time without affect to your Entry.
ARBITRATION NOTICE: BY ENTERING, YOU AGREE THAT DISPUTES BETWEEN YOU AND ANY PROMOTION ENTITY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. See Disputes/Arbitration provision.
HOW TO ENTER: Before entering the Promotion, the “Photos Are Private” option in your Instagram account settings must be set to “OFF”. To enter, during the Promotion Period an eligible entrant must first sign up on the Vir.al website (provide their name, contact information and agree to these Rules and submit a link to their Instagram account), then upload to Instagram an original picture of your Most Beautiful Travel Photo (“photo”), include a short caption explaining the photo (title, when, where and why it was taken, etc.) and tag the photo with the hashtag #Viralcontest (“Entry”). You may submit up to ten (10) Entries provided each Entry is completely unique and different from the other Entry/Entries submitted by the same entrant, as determined by Sponsor in its sole and absolute discretion. Failure to follow all steps will void Entry. SPONSOR WILL ONLY JUDGE ENTRIES WHOSE INSTAGRAM LINK IS PROVIDED VIA SPONSOR’S WEBSITE; ANY OTHERS WILL NOT BE ELIGIBLE OR JUDGED.
In addition to all other restrictions and conditions stated elsewhere herein, Entries must NOT depict, contain or reference any minor child (under 18), and must NOT appear to condone, promote, contain or depict in any manner illegal, dangerous, harmful, offensive, unsafe, demeaning, or any other improper or unsuitable activities or else will be subject to disqualification.
ENTRY SPECIFICS: Entries must be complete, compliant, submitted via the Social Media Platform communicated, and received by Sponsor within the Promotion Period. Incomplete, invalid, unsuitable, or otherwise non-compliant Entries (as determined in Sponsor’s sole and absolute discretion) will not be eligible. Proof that you uploaded an Entry does not constitute proof or evidence that it was received within the Entry Period or eligible for the Promotion. Entries become the property of Sponsor and will not be returned. Entries submitted via any other entry method than stated herein will not be accepted. Entries may only be submitted by a single registered social media account user; group or commercial submissions are not permissible. Multiple entrants are not permitted to share the same device, social media account, IP or email address. Entrants may not (whether apparent or suspected) enter through a sweepstakes/contest club or exchange site (or similar method, whether or not paid), with multiple or false identities, accounts, or devices, or use multiple e-mail and/or street addresses, or use any other device or artifice to enter. Engaging directly or indirectly in any (apparent or suspected) artifice, cheating, fraud, spamming, phishing, on-line clubs (or similar methods), exchange sites, robotic, automatic, macro, programmed or like participation methods as determined in Sponsor’s sole and absolute discretion, will void all such Entries, and disqualify any entrant suspected of using/benefitting from such methods.
Sponsor reserves the absolute right to disqualify and/or immediately remove any Entry/entrant in whole or in part for any reason within its sole and absolute discretion. Without limiting the foregoing, Entries will be disqualified if Sponsor believes the Entry is not in the spirit of the Promotion, is not compliant herewith, or will have a detrimental impact on Sponsor, this Promotion, or any of Sponsor’s brand, products or services. Furthermore, if an Entry, for any reason whatsoever, garners comments that are unpleasant, distasteful, nasty or otherwise inappropriate for the Sponsor Vir.al community, Sponsor reserves the right to disqualify Entry/entrant and remove any such Entry. In the event of a dispute as to the identity of an online entrant, the authorized account holder of the email address used in connection with the Entry will be deemed to be the entrant. Potential winner may be required to show proof of being the authorized account holder. The “authorized account holder” is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
Promotion Entities assume no responsibility for lost, late, incomplete, inaccurate, undelivered, delayed, destroyed, damaged, or misdirected Entries (in whole or in part); or for any equipment, computer, telephone, device, network, platform, app, electronic, hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt, or jumbled transmissions; nor service provider, Internet, Web site, user accessibility or availability, incompatibility, traffic congestion, unauthorized human intervention or any human error, or the incorrect or inaccurate capture of Entry, or other information, nor for the failure to capture or display any such information.
While you may forward or share with family, friends and direct known contacts, please do not engage in phishing or spamming. Apparent or suspected phishing or spamming, sending of junk communications or the use of any unauthorized method or automated system to participate, or to acquire (unauthentic) entries, Likes or Follows, etc. is prohibited, as is posting content to irrelevant or inappropriate sites to obtain entry, and, if discovered at any time will void the applicable Entry and entrant suspected of using/benefitting from such methods in Sponsor’s sole and absolute discretion.
If you don’t have a social media account, you can become a member without charge by simply following the social media platform instructions and accepting the terms and conditions of use. By entering, entrants understand and agree that submitted eligible Entries may be subject to public viewing, streaming (i.e. “digital transmission”), downloading (i.e. “digital distribution”), and public comments, including but not limited to being forwarded, re-grammed, re-tweeted, and otherwise posted, for commercial and non-commercial purposes, throughout Sponsor’s and (unrelated) third parties’ digital and off-line social media, marketing and advertising properties. Normal internet access and device usage charges imposed by your mobile plan and/or on-line service may apply to entry via mobile device. For those entrants entering with a mobile device: Promotion may not be available via all mobile carriers. Messaging & data rates apply to internet access via mobile devices. Other charges may apply; check your mobile plan for rates/details.
REPRESENTATIONS ABOUT YOUR ENTRY: By submitting an Entry, entrants represent, warrant and covenant (and agree to release and indemnify Promotion Entities from same) that their Entry submitted and all content therein: (i) is the original creation of the entrant and has not been copied in whole or in part from any other work, and is the sole and exclusive property of the entrant (or entrant has all ownership or licensed rights thereto and in any and all content); (ii) does not contain, depict, condone, encourage or promote illegal, dangerous, violent, harmful, or unsafe activities, nor contain, depict, condone, encourage or promote content that is (or is construed by Sponsor as being) obscene, reprehensible, repugnant, offensive, sexually inappropriate, overtly political or religious, discriminatory, defamatory, highly sensitive, explicit, hateful, or otherwise unsuitable, as determined solely by Sponsor (in its sole and absolute discretion); (iii) does not violate or infringe any laws including but not limited to copyright or trademark laws, or other proprietary, publicity, privacy or any other rights of any person, entity, or venue; (iv) does not depict, refer to or contain in any respect information about an individual under the age of 18; and (v) any individuals mentioned, featured in, or who have worked on the Entry, in whole or in part, in any manner have given entrant their express written consent to submission of Entry into this Promotion and the use contemplated.
If requested by Sponsor, entrant shall provide evidence of the above in writing. Nothing herein shall be deemed an obligation of confidentiality. Entrants understand and agree to assume the risk that their Entry and any element thereof may, in whole or in part, be identical or similar to any other Entry, that one Entry may regardless receive varying scores from the other Entry, and entrants shall release and hold Promotion Entities harmless from same.
LICENSE: At the time you submit an Entry, and whether or not selected as a winner, you grant to Sponsor a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Entry, in whole and in part, and all the intellectual and property rights therein including the right to make derivative works, through-out the world, and further agree to execute all documents and perform all acts deemed necessary by Sponsor to protect Sponsor’ license in the intellectual property. You understand and agree by granting this license your Entry may be modified, edited, distorted, used in whole or in part, alone or in combination with other works, used in illusory or composite form, or in any other manner, as solely determined by Sponsor in any media and medium whatsoever now known or hereinafter developed (including without limitation print, broadcast, radio, internet, and posted throughout Sponsor’s and (unrelated) third parties’ digital, on-line, and off-line social media, marketing and advertising properties) without further compensation or review. You will not now nor in the future be paid for your Entry or for granting Sponsor any of these rights.
JUDGING CRITERIA/WINNER SELECTION: All eligible Entries will be judged by Sponsor (or its authorized representative) to select one (1) potential Grand Prize winner based on the following equally weighted criteria:
Uniqueness and Originality of location;
Quality of submission;
Level of positive engagement garnered by Entry using #Viralcontest.
In case of a tie, the Entry, among those tied, with the highest rating in the “Uniqueness and Originality of location” category will break the tie. In the event a tie still remains, the Entry, among those tied, with the highest rating in the “Engagement” category will break the tie.
Potential winner will be notified via email on or about July 7, 2017 and must follow all instructions and will be required to sign, have notarized and return an Affidavit of Eligibility and Liability/Publicity Release (except where prohibited) and any other requested documents (“Release Documents”) within the time specified by Sponsor, or prize will be forfeited in its entirety and awarded to (an) alternate winner. Travel companion of winner must sign, have notarized and return a Release of Liability & Publicity within the time specified. Promotion Entities are not responsible for any undelivered telephone calls, messages, e-mails, or any other communications, including but not limited to those that are not received because of the Social Media Platforms’ or entrant’s privacy or spam filter settings that may divert any winner notification or other Promotion related e-mail to a spam or junk folder. Prize award is subject to verification of eligibility and compliance with these Official Rules.
GRAND PRIZE (1): A 3 day/2 night trip for winner and one (1) guest (21 or older) to New York City for the opportunity to attend the Panorama Music Festival anticipated to be held on or about July 28- 30, 2017 (Approximate Retail Value “ARV”: $3,200). Package consists of: round trip air transportation for two people to/from major contiguous U.S. commercial airport near winner’s legal residence and NYC; two (2) nights standard hotel accommodations (one room; double occupancy (room and tax only)); $200 dining voucher; ground transportation between NYC airport/hotel; and festival tickets.
Trip Specifics: ARV of any trip package may vary depending on the point, date and time of departure. Prize must be accepted as a whole, or will be forfeited in its entirety. All travel arrangements must be made through a travel agent or entity selected by Sponsor. Winner will be responsible for all meals, ground transportation, excursions, gratuities, parking, beverages, telephone calls, baggage fees, gratuities and any other incidental costs or expenses not specifically stated herein. All trip components are subject to availability. Travel must originate and end at the same major gateway airport. Winner and guest will be required to provide valid government issued photo ID as required by travel authorities at time of travel, and to obtain and maintain all insurance (including car, health, liability and any other insurance). Winner acknowledges and agrees that the Promotion Entities are not providers/carriers of transportation, or insurance providers. No changes will be made to travel details once any element(s) of the travel arrangements have been booked. Prize conditions may be added or modified by Sponsor or its designee. Promotion Entities are not responsible for any changes of any element of trip, nor are they liable for any expenses incurred as a consequence of flight or Event changes, cancellation or delays. Sponsor will not replace any lost, damaged, destroyed, or stolen tickets, travel vouchers, debit/pre-paid cards, or certificates. Event is subject to the terms and conditions of organizer, including rain check/cancellation policies and procedures. Travel is subject to capacity controls, availability, and certain other restrictions, all of which are subject to change. Any unclaimed and/or unused element of the trip travel package, or any element thereof, will remain the property of Sponsor or its designee. The restrictions/conditions stated herein are not all-inclusive and the described above may be subject to additional restrictions/conditions, which may be stated in the Affidavit (as defined herein), and/or other required release and/or travel documents. Elements of the trip may require agreement to and execution of, separate releases for prize award/participation, in addition to the Affidavit/Release of Liability described herein. Failure to provide these documents, if required, will cause prize to be forfeited and awarded to an alternate winner. In the event winner and/or guest engage(s) in behavior that, as determined by Sponsor (or its designee) in their absolute discretion, is obnoxious or threatening, dangerous, harmful, illegal or that is intended to annoy, abuse, threaten or harass any other person, or that is intended to or may cause property damage or loss, Sponsor reserves the right to terminate the trip or other applicable experience early, in whole or in part, and to send the winner (and guest(s)) home with no further compensation.
Limit one (1) prize. Only the prize as described is available to be awarded; in no event will Promotion Entities be responsible for awarding more prizes than stated herein. Trademarks or registered trademarks associated with any prizes belong to the respective prize manufacturers/owners or Event organizers as applicable, which are not sponsors of nor otherwise affiliated with this Promotion.
Prize cannot be assigned, transferred, or substituted, except by Sponsor who may, at its sole discretion, substitute a prize or any part thereof with a prize of equal or greater value. If winner lives within 100 mile radius of NYC (as determined by Sponsor) ground transportation will be provided in lieu of air transportation. Prizes are not redeemable for cash; any difference between the actual value and ARV of the prize will not be awarded as cash, or otherwise. Any and all applicable local, state, and federal taxes and all expenses not specifically stated herein are solely the responsibility of the winner; winner is advised to seek independent counsel regarding prize tax implications. Prize, and any element thereof, including any products and/or tickets received as a prize, may not be sold, resold, auctioned, bartered, or placed into any other unauthorized channels of distribution. Any prize pictured or mentioned in advertising or Promotion materials (including the Website) is for illustrative purposes only and may not be the actual prize awarded.
WITHOUT LIMITING ANY MANUFACTURER WARRANTIES, SPONSOR AND OTHER PROMOTION ENTITIES MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE QUALITY OR CONDITION OF A PRIZE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
GENERAL CONDITIONS: In the event of noncompliance, if an Entrant becomes noncompliant or ineligible, prize will be forfeited and an alternate winner will be selected for the prize in accordance with the judging criteria herein. Prizes or prize notifications that are lost, late, stolen, unclaimed, returned, undeliverable, not timely responded to, or otherwise un-awarded will be forfeited and will NOT be re-awarded. BY PARTICIPATING, ENTRANTS AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO RELEASE, DISCHARGE AND HOLD HARMLESS THE SPONSOR, OTHER PROMOTION ENTITIES, INSTAGRAM, AND THEIR PARENT, AFFILIATES AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, CAUSES OF ACTION, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITAGATION IS COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE, VIOLATION OF PROPRIETARY, PUBLICITY, PRIVACY OR ANY OTHER RIGHT), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING OUT OF USE OF THE ENTRY IN WHOLE OR IN PART, THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, PARTICIPATION IN ANY PROMOTION AND/OR PRIZE RELATED ACTIVITY, ACCESS TO THE WEB SITES, AND/OR OTHER PARTICIPATION IN THIS PROMOTION. By entering and/or accepting a prize, entrants and any winner covenant to the fullest extent permitted by law not to sue any Released Party or cause them to be sued regarding any matter released above, and not to disaffirm, limit or rescind this release. A waiver by one or more of the Promotion Entities of any term in these Official Rules does not constitute a waiver of any other provision.
LIMITATIONS OF LIABILITY: Promotion Entities are not responsible for any incorrect or inaccurate information, whether caused by Web site users, human error, tampering, hacking or by any of the equipment or programming associated with or utilized in the Promotion and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, incompatibility, communications failure, theft, loss or destruction of Entries, nor for the failure to capture entry or other information. Promotion Entities are not responsible for injury or damage to participants' or to any other person's computer and/or mobile device related to or resulting from downloading materials from or use of the Website/app. If, for any reason, the Promotion or any element thereof is not capable of running as planned by reason of, but not limited to, tampering, unauthorized intervention, fraud, technical or other failures or errors, or any other causes which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion and select the winner from Entries received prior to the action or as otherwise may be deemed fair and equitable by Sponsor. In the event of any discrepancy, ambiguity, inconsistency, printing or any other error or miscommunication in any communications, announcements, advertising and/or promotional materials relating to this Promotion, these Official Rules shall govern. Promotion Entities shall not be liable to entrants, winner or any other person or entity for failure to execute the Promotion, or supply a prize or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist act, cyber-attack, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, cancellation or delay of Event, or any similar or dissimilar event beyond their reasonable control.
DISPUTES/ARBITRATION: Except where prohibited, as a condition of participating in this Promotion, each entrant agrees that any and all disputes arising out of or connected with this Promotion, OR ANY ELEMENT THEREOF that cannot be resolved between the entrant and any Released Party must be resolved individually, without resort to any form of class action, BEFORE A ONE PERSON BINDING ARBITRATION PANEL HELD IN BOSTON, MASSACHUSETTS under no circumstances will an entrant be permitted to engage in a class action lawsuit or class arbitration, or entitled to obtain awards for, and hereby waives all rights to claim punitive, incidental, indirect, or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-pocket expenses (if any), not to exceed fifty U.S. DOLLARS.
SPONSOR: Vir.al, 15 Fiske Ave., Waltham, MA 02453.