Find Your DEN Instagram Photo Contest - Terms & Conditions
NO PURCHASE NECESSARY
DESCRIPTION OF CONTEST
The "FindYourDEN" photo contest ("Contest") is sponsored by DEN Property Group 317 W. 3rd Street, Austin, TX 78701 ("Sponsor"). The winner of the Contest will receive 2 Tickets to ACL Live. The Contest begins at 12:00 a.m. Central Time ("CT") on May 01, 2015 and ends at 11:59 CT on September 30, 2015 (the "Contest Period”), to be followed by a voting period (the “Voting Period”) of approximately October 1, 2015 to October 10, 2015. Sponsor will select the Contest winner in accordance with the procedures set forth below and will announce such winner on or about October 11, 2015. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects.
WHO MAY ENTER
The Contest is open to all DEN subscribers and followers who are 21 years of age or older. The Contest is void where restricted or prohibited by law.
HOW TO ENTER/VOTE
To participate in the Contest, you must follow Sponsor's Instagram feed at @DENaustin (the "Instagram Feed"), follow the online instructions to upload and submit a personal home, hotel or travel photograph that represents your ideal "DEN" You must include the hashtag #FindYourDEN and submit your photo within the "Contest Period." Registration with Instagram is required to enter a photograph into the Contest. There is no cost to register with Instagram. Entries become the exclusive property of Sponsor and will not be returned or acknowledged.
Each photograph that is entered into the Contest must meet ALL of the "Submission Requirements" set forth below to be considered (a photograph that meets all such requirements will be referred to as a "Submission"): (i) the photograph must be the submitting entrant's original, previously unpublished work and not contain any third-party copyrighted material (including without limitation, copyrighted images or footage); (ii) the submitting entrant should be able to provide on request all appropriate clearances, permissions and releases for the Submission, including releases from all persons appearing in the photograph, location releases for all recognizable locations, and releases from anyone who assisted in the creation of the photograph (in the event a submitting entrant cannot provide all required releases, Sponsor reserves the right, in Sponsor's sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Sponsor's benefit, or allow the applicable Submission to remain in the Contest); (iii) the photograph may not feature nudity or obscene language or material that is libelous or defamatory. Sponsor reserves the right, in its sole and absolute discretion, to disqualify any Submission that violates the above criteria. Submissions must be received before the end of the Contest Period, and the Sponsor's database clock will be the official timekeeper for this Contest.
WINNER SELECTION / JUDGING
At the end of the Contest Period, Sponsor will monitor and review the initial submissions for eligibility. Sponsor will judge all eligible Submissions on the following criteria: Execution of theme (e.g., showing us a first-person viewpoint of your "#FindYourDEN" (40%), Creativity & Originality (30%); and Photographic Quality (30%). Sponsor will select (5) five finalists at its sole discretion, and such determination shall be final and binding. The winning finalist (the "Grand Prize Winner") will be determined by popular public vote during the “Voting Period.”
One Grand Prize is available. The Grand Prize Winner (the "Grand Prize Winner") will win 2 ACL Live (not ACL tapings) Tickets based on availability. Grand Prize tickets are non-exchangeable. No cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute prize(s) of comparable value if the prize listed is unavailable for any reason. Any stated difference between the approximate value and actual value of the Grand Prize or any substituted prize will not be awarded. Odds of winning depend on the number of eligible entries received.
GENERAL PRIZE CONDITIONS
Prize will be awarded only if the potential winner fully complies with these Official Rules. All costs, including federal, state and local taxes, meals, insurance, and other expenses not specifically identified as included in the prize, are the sole responsibility of the winner. No transfer, assignment, cash redemption or substitution of prizes (or portion of prize) except by Sponsor due to prize unavailability and then for a prize (or applicable portion of prize) of equal or greater value as determined by Sponsor. All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion.
RULES GOVERNING POTENTIAL WINNERS
The potential Winning Contestant will be notified by a comment placed on their Submission by Sponsor promptly following the winner selection. The Winning Contestant is responsible for picking up tickets at DEN headquarters at 317 W. 3rd Street Austin, TX 78701. By accepting a prize, the Winning Contestant agrees that Sponsor may, without any limitation or further compensation, use his or her name, screen name, voice and/or likeness in any and all media for the purpose of advertising and promoting the Website, the Contest, the Program or any other promotion, contest or sweepstakes sponsored by the Promotion Entities.
DATES & DEADLINES / ANTICIPATED NUMBER OF CONTESTANTS
Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of Contestants who will participate in the Contest.
By entering your Submission in the Contest, you acknowledge and agree that: (a) Sponsor will own all Submissions entered by you in the Contest or otherwise uploaded to the Website. Each entrant into the Contest hereby irrevocably grants, transfers, sells, assigns and conveys to the Sponsor, its successors and assigns, all present and future right, title and interest of every kind and nature whatsoever in and to the Submission(s) for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised (the "Rights"). Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter, the Submission(s) for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have in the Submission(s) submitted by him or her. Each entrant hereby acknowledges that such entrant does not reserve any rights in and to the Submissions. Sponsor shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the any Submission for any reason or no reason at all, and no contestant shall be entitled to any damages or other relief by reason thereof.
REPRESENTATIONS AND WARRANTIES / INDEMNIFICATION
Each person who enters this Contest represents and warrants to Sponsor as follows: (i) the Submission is the entrant's own original, previously unpublished, and previously unproduced work; (ii) the Submission is wholly original with entrant and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; (iv) the Submission does not and will not violate any applicable laws, and meets the Submission Requirements set forth above. Each entrant hereby agrees to indemnify and hold the Promotion Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF
Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the entrant's decision to provide the entrant's Submission to Sponsor for purposes of the Contest does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant's Submission. Each entrant understands and acknowledges that the Promotion Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas or materials may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Promotion Entity's use of any such similar or identical material. Each entrant acknowledges and agrees that the Promotion Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Promotion Entity's actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief, and entrant's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor's request therefore.
By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in or winner of the Contest, each entrant irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such entrant's name, likeness, biographical information and Submission in any and all media for any purpose, including without limitation, advertising and promotional purposes as well as in, on or in connection with the the Website or the Contest or other promotions, and hereby release the Promotion Entities from any liability with respect thereto.
IMPORTANT. PLEASE READ - GENERAL RELEASE AND LIMITATIONS ON LIABILITY
By entering the Contest, entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event will attorneys' fees be awarded or recoverable; and (3) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. Each entrant acknowledges and agrees that the Promotion Entities, Instagram, Inc., Facebook, Inc., are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, lost, late, misdirected or illegible entries or for failure to receive entries due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with Sponsor, or otherwise, that may limit an entrant's ability to participate in the Contest; (ii) any injury or damage resulting from participation in the Contest and/or the use of any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the entrant's rights of publicity or privacy, or the entrant's claim that he or she has somehow been defamed or portrayed in a false light. Promotion Entities assume no responsibility for any damage to an entrant's computer system which is occasioned by accessing the Website or participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST OR IN CONNECTION WITH ANY DESIGN SUBMISSION OR OTHER MATERIAL SUBMITTED IN CONNECTION WITH THE CONTEST, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF TEXAS WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE'S LAWS. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE RULES SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. IN THE EVENT THAT ANY PROVISION IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE OR ILLEGAL, THESE RULES SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN. ARBITRATION PROVISION
By participating in this Contest, each entrant agrees that any and all disputes the entrant may have with, or claims you may have against, the Promotion Entities relating to, arising out of or connected in any way with (i) the Contest, and/or (ii) the awarding or redemption of any prize, and/or (iii) the exploitation or use of any Submission or other material submitted in connection with the Contest, will be resolved individually and exclusively by final and binding arbitration. The arbitration will be conducted in accordance with the American Arbitration Association's ("AAA") Commercial Arbitration Rules as modified by the terms of this Agreement. If an entrant has any questions about the American Arbitration Association, or wishes to obtain a copy of the AAA's rules and forms, such entrant may call (800) 778-7879 or visit the AAA's website at www.adr.org. The arbitration shall take place in Austin, Texas before a single arbitrator, selected pursuant to such rules, and shall be conducted on an expedited basis and in strict confidence. The arbitrator selected pursuant to these Official Rules shall be well acquainted with the entertainment industry, and shall not have the power to impose punitive damages. Each party hereby waives any and all rights and benefits which it might otherwise have or be entitled to under federal law or the laws of Texas or any other state to litigate any such dispute in court, it being the intention of the parties to arbitrate all such disputes. The arbitrator's decision shall be controlled by the terms and conditions of these Official Rules, and any other agreements the applicable entrant may have entered into with Sponsor in connection with the Contest, and shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys' fees. EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A JURY. Judgment upon the award of the arbitrator may be entered or enforced in any court of competent jurisdiction. If either party fails to appear at the hearing on the date designated in accordance with the rules of the American Arbitration Association, or shall otherwise fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte. If you do not agree to these requirements (or any other provision herein), do not participate in the Contest. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
LIST OF WINNERS
The name of the winner of this Contest will be posted on DENpg.com and all of DEN Property Group's social media channels, once such winner has been selected.
This Contest is in no way sponsored, endorsed or administered by, or otherwise associated with, Facebook, Inc., Instagram, Inc. You understand that you are providing your information to Sponsor and not to Facebook or Instagram.