OFFICIAL CONTEST RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES. VOID WHERE PROHIBITED BY LAW.
These Official Rules were updated on March 6, 2016, and supersede and replace all prior versions in their entirety.
The What’s Your Gold - #whatsyourgold contest (the “Contest”) is sponsored by WYG LLC, a Washington limited liability company, whose address is 11523 NE 32nd Ave., Vancouver, WA 98682 (the “Company”). The Contest is NOT sponsored, produced, or administered by Instagram or Twitter or any other social media platform, or by any website host or operator (other than the Company). By participating in the Contest, Participants (meaning those individuals who post a submission on Twitter or Instagram as described below) agree to comply with all of the terms and conditions contained in these Official Rules (the “Rules”) and each Participant acknowledges and agrees that he or she is bound by these Rules and the decisions of the Company, which are final and binding without any further review, except as provided in these Rules.
1. Eligibility. Except as prohibited by law, the Contest is open to all natural persons who are legal residents of the 50 United States or the District of Columbia, Canada, or the European Union who are 18 years of age or older at the time of entry. Participants are referred to in these Rules as “you” or “Participant.” Participants must have a valid passport through September 2016 or be otherwise lawfully allowed to travel to and from Brazil. Employees, agents, independent contractors, and their respective parents, subsidiaries, affiliates, or family members of the Company, Twitter, Instagram, Allen Hall PR, and all other persons or promotional agencies affiliated with the Contest are ineligible for participation in the Contest. Eligibility is subject to the Rules and all applicable laws, regulations, or other legal restrictions. This Contest is void where prohibited by law, regulation, or otherwise. IF YOU DO NOT AGREE TO BE BOUND BY THESE RULES, YOU CANNOT PARTICIPATE IN THE CONTEST IN ANY WAY AND YOU WILL NOT BE ELIGIBLE FOR THE GRAND PRIZE.
2. How to Enter. To enter the Contest, Participants must submit a minimum of four submissions on Instagram or Twitter in chronological order as follows: (1) the first submission must describe the Participant’s “gold,” which means what the Participant wants to accomplish and why; (2) the second submission must share a struggle that Participant has encountered on the path to reaching the Participant’s gold; (3) the third submission must describe a breakthrough moment Participant had on the path or journey to reaching the Participant’s gold; and (4) the fourth submission must describe the outcome of Participant’s path or journey to his or her gold, what the Participant learned along the way, and how it helped the Participant grow. The Participant must use the same social media platform and the same social media account for all submissions (in other words, if your first submission is on Twitter, all later submissions must also be on Twitter). Each submission may consist of or include a video, photo, and/or short essay (subject to character limits and other restrictions imposed by the respective social media platforms) and MUST include the #whatsyourgold hashtag. The four (or more) submissions from the same Participant describing the same “gold” constitute one “Entry.” Submissions without the #whatsyourgold hashtag or that do not otherwise comply with these Rules, will not be considered as part of an Entry. Noncompliant Entries are not eligible for the Grand Prize. Entries will be reviewed as described below and Participants will be asked to complete the Contest entry form and affirmatively agree (click the box) to these Rules. Entry to this Contest does not enter a Participant into any other contest, sweepstakes, or other promotion of any kind. All materials submitted become the property of the Company and will not be acknowledged or returned. If a Participant changes his or her contact information after submitting an Entry, it is Participant’s sole responsibility to notify the Company of such changes.
3. Restrictions. Only one Entry per Participant is permitted (remember, an Entry consists of a minimum of four submissions as described above in the “How to Enter” section). Multiple entries using different user names or email addresses, automated entries, and forged entries are prohibited and will be deemed void and ineligible for the Grand Prize. “User name” refers to the profile name or handle associated with the person’s social media account. Submitting an Entry on behalf of a third party without that party’s permission is prohibited and will be deemed ineligible for the Grand Prize. The Entry, including any and all materials in any and all format(s) that accompany, are part of, or are summited in connection with the Entry, must be original, unpublished work of the Participant and CANNOT violate a third party’s rights of any kind whatsoever including, without limitation, such third party’s right to privacy and any intellectual property rights. By submitting an Entry, Participant represents and warrants that such Entry and all Entry materials comply with these Rules. Every Entry must comply with the social media platform through which the Entry is submitted. In addition, an Entry must not contain any of the following: advertisements or other commercial content; content that promotes or depicts, in the Company’s sole discretion, harmful or illegal activity, obscene defamatory, violent, or threatening materials; or any materials identifying any person without such person’s permission. As a condition to winning the Grand Prize, the Participant and every other person or persons included in the materials submitted in connection with the Entry MUST AGREE: (a) to the use of his or her image, photograph, video, picture, likeness, and voice in perpetuity and in any format throughout the world without further notice or compensation, except where prohibited by law; (b) that he or she has no claim of any kind arising from or related to the use, alteration, modification, or visual effects of such materials submitted as part of the Entry; and (c) to these terms on behalf of any minor depicted in the Entry materials.
If any of the Entry materials contain an image, photograph, depiction, video, or likeness of any building or residence, as a condition to winning the Grand Prize, the owner of such property MUST AGREE: (a) to the use of the image, photograph, depiction, video, or likeness of the property in perpetuity and in any format throughout the world without further notice or compensation, except where prohibited by law; and (b) that he or she has no claim of any kind arising from or related to the use, alteration, modification, visual effects of such materials submitted as part of the Entry, including the publication of the location or address of such property.
Entries cannot be edited after submission. If the social media platform allows for modification of posts or uploaded materials, the first submission will be considered the Entry and any attempts to edit the Entry will be deemed as an invalid or ineligible Entry. Attempts to artificially influence or change the submission process, submissions from automated or third-party entry services, any other prohibited Entries under these Rules, or attempts to tamper with the submission process will, in the Company’s sole discretion, result in the Entry or Entries being void and ineligible. If the Company cannot determine the identity of the Participant to the Company’s satisfaction, such Entry, in the Company’s sole discretion, will be determined void and ineligible.
4. Deadline to Enter. The Contest begins at 12:01 a.m. Pacific Standard Time (“PST”) on March 1, 2016 and ends at 11:59 p.m. PST on June 1, 2016 (the “Contest Period”). All Entries must be made electronically and received by 11:59 p.m. PST on June 1, 2016 according to the Contest Judges’ (defined below) database clock. Late Entries (whether the entire Entry or any submission is late) will not be considered and are ineligible for the Grand Prize. The Company WILL NOT be responsible for any errors, defects, or other complications that result in a failure to upload or post any Entry. The Company specifically disclaims any and all liability and responsibility for human error, malfunctions, defects, system failures, or any other impediment that restricts, limits, or prohibits Participant from entering the Contest or submitting an Entry or Entry materials.
5. The Prize. There is ONE (1) Grand Prize only. ODDS OF WINNING DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED AND THE SUBJECTIVE CRITERIA USED FOR JUDGING THE ENTRIES DESCRIBED IN SECTION 7.
6. Grand Prize. The Grand Prize is a trip for two to the 2016 Summer Olympics in Rio De Janeiro, Brazil consisting of the following (estimated value totals $25,000):
Roundtrip Airfare to Ri De Janeiro for two (2);
One (1) Hotel room for eleven (11) consecutive nights (approx. August 10, 2016 – August 20, 2016);
Two (2) tickets to the Heptathlon Event and Medal Ceremony;
Two (2) tickets to the Decathlon Event and Medal Ceremony; and
$2,000 ($1,000 per person)
The Grand Prize, including all components thereof are offered “as-is.” No warranty of any kind, express or implied, is offered by the Company related to the Grand Prize or any of the Grand Prize components. Tickets and any merchandise may not be redeemed for cash and the Company reserves the right to substitute any portion of the Grand Prize with a prize of equal or greater value if the advertised prize (or any part thereof) becomes unavailable.
The Grand Prize winner is responsible for any and all applicable fees, taxes, expenses, or charges of any kind related to or arising from the winner accepting or using the Grand Prize. Acceptance and use of the Grand Prize is at the winner’s own risk. Furthermore, the Grand Prize winner is solely responsible for obtaining any vaccinations or other protections, at the winner’s sole expense. As more fully described below, the Company is not liable for injury or illness to persons or damage to property that results from using or accepting the Grand Prize. Winning the Grand Prize is subject to these Rules and the execution of a waiver and release as provided in these Rules.
7. How the Winner is Selected. All validly submitted Entries will be reviewed by Allen Hall PR, a public relations company affiliated with the University of Oregon (the “Judges”). The Judges will verify that the Entry is compliant with these Rules and that the Entry is eligible. Judges will then select the most inspiring stories, in their sole and absolute discretion and subjective opinion, and select the finalists. The Judges will consider creativity, the capacity to inspire others, the embodiment of the #whatsyourgold Contest, and the Participant’s journey. The number of finalists will depend on the total number of eligible, valid Entries selected by the Judges. If the Participant who submitted the Entry or any third party or owner of any building or residence notifies the Company that the Participant does not have permission to include such materials in the Entry, the Company may, in its sole discretion, remove and declare the Entry void. From the pool of finalists, the Judges will then vote on the most inspiring Entry as the winner of the Grand Prize and will rank the other finalists in succession. If the winner of the Grand Prize selected by the Judges is determined to be ineligible or does not meet the conditions in these Rules, the next runner-up will be awarded the Grand Prize and so on.
8. Cancellation. The Company reserves the right to cancel or modify the Contest, in its sole discretion, if the integrity of the Contest is compromised through technical issues or attempts to manipulate the Entry process. In such event the Company may elect, in its sole discretion, to award the Grand Prize from the validly submitted Entries at the time of modification or cancellation of the Contest.
9. Announcing and Notifying the Winner. The winner of the Grand Prize will be notified on or around June 10, 2016. The winner will be notified by email or through the social media account used to submit the Entry. The winner must reply within five (5) days after notification, accepting the Grand Prize and confirming the winner’s identity, full mailing address, and telephone number. After the Company has verified eligibility in accordance with these Rules and the winner has executed all required licenses, waivers, and consents, the Company will arrange the awarding of the Grand Prize. Failure to timely or fully respond may, in the Company’s sole discretion, result in the Company awarding the Grand Prize to the next runner up.
10. Who Won. To obtain the name of the winner of the Grand Prize, send a self-addressed stamped envelope to Zoe Loving at: School of Journalism and Communication. Attn: Zoe Loving 1275 University of Oregon, Eugene, Oregon 97403-1275. All such requests must be received by 11:59 p.m. on June 30, 2016 PST.
11. Mobile Devices. If you chose to participate in the Contest via your mobile device, any and all carrier charges or carrier-imposed restrictions are Participant’s sole responsibility. The Company is not responsible or liable for any changes or any restriction that prohibit or limit a Participant’s ability to participate in the Contest.
12. LICENSE; RELEASE. By participating in the Contest in any way, including, without limitation, posting any materials on social media using the #whatsyourgold hashtag, you grant the Company, and others acting on the Company’s behalf, a worldwide, perpetual, fully-paid, non-exclusive, irrevocable, royalty-free, sublicensable, assignable, transferable right and license to use, exercise, create derivative works, modify, commercialize, publish, display, broadcast, distribute, edit, translate, reformat, excerpt, delete or otherwise exploit your Entry and any and all materials submitted to the Company in connection with such Entry, including without limitation all copyrights, publicity or moral rights, trademarks, names, likeness, voice, biographical information, statements, and complete address. Entries and all materials may be posted or made available on publicly available websites, broadcasts, social media platforms, or otherwise. Participant hereby warrants that Participant’s Entry and all materials submitted to the Company in connection with the Entry will comply with these Rules and will not violate the rights of any third-party. Participant releases and forever discharges the Company from any claims arising out of or related in any way to the Company’s exercise of its rights in this section. As a condition to receiving the Grant Prize, Participant must also obtain the same license and release from any person or any owner of property depicted in the materials submitted in connection with the Entry.
13. RELEASE. PARTICIPATION IN THE CONTEST AND USE OR ACCEPTANCE OF THE GRAND PRIZE INCLUDING, WITHOUT LIMITATION, TRAVEL TO AND FROM BRAZIL, IS AT PARTICIPANT’S OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PARTICIPANT HEREBY WAIVES AND RELEASES THE COMPANY AND ITS MEMBERS, MANAGERS, AGENTS, EMPLOYEES, CONTRACTORS, AND AFFILIATES FROM ANY AND ALL CLAIMS ARISING FROM OR RELATED TO PARTICIPANT’S PARTICIPATION IN THE CONTEST, INCLUDING, WITHOUT LIMITATION: SUBMISSION OF ANY AND ALL MATERIALS IN CONNECTION WITH AN ENTRY; TECHNICAL DEFAULTS, FAILURES, OR DEFECTS IN THE SUBMISSION PROCESS; THE UNAVAILABILITY OF ANY SERVICE, PLATFORM, OR WEBSITE REQUIRED TO SUBMIT AN ENTRY OR OTHERWISE PARTICIPATE IN THE CONTEST; ERRORS IN ADMINISTERING THE CONTEST, WHETHER HUMAN, ELECTRONIC, OR OTHERWISE; INJURY, ILLNESS OR DEATH TO PERSON OR DAMAGE TO PROPERTY RELATED TO OR RESULTING FROM PARTICIPATION IN THE CONTEST OR USE OF THE GRAND PRIZE; ACCEPTANCE, USE, OR NONUSE OF THE GRAND PRIZE; THE JUDGING PROCESS OR OUTCOME OF THE CONTEST; ERRORS IN THE ENTRY OR THE MATERIALS SUBMITTED IN CONNECTION WITH ANY ENTRY; AND ANY AND ALL COSTS, FEES, TAXES, OR EXPENSES OF ANY KIND INCURRED AS A RESULT OF THE GRAND PRIZE.
14. LIMITATION OF LIABILITY. THE COMPANY AND ITS MEMBERS, MANAGERS, AGENTS, EMPLOYEES, CONTRACTORS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES FOR ANY REASON. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY’S TOTAL LIABILITY TO PARTICIPANT WILL BE LIMITED TO OUT OF POCKET EXPENSES ASSOCIATED WITH ENTERING THE CONTEST, BUT IN NO EVENT, ATTORNEY’S FEES.
15. Indemnification. Participant agrees to indemnify, defend, and hold harmless the Company and its members, managers, agents, employees, contractors, and affiliates from any and all claims and damages (including attorney fees) arising out of or related to Participant’s participation in the Contest or Participant’s violation of these Rules, including, without limitation, claims that the materials Participant submitted in connection with his or her Entry infringe on any third-party’s rights.
16. Force Majeure. If, in the Company’s sole discretion, an insufficient number of Entries are received or the Company is prevented from awarding the Grand Prize or any part thereof for reasons out of the Company’s control, including without limitation, acts of God, fire, flood, strike, riot, war, crisis or order from a court of any jurisdiction, the Company shall have the right to modify, terminate, suspend, or cancel the Contest and its awarding of the Grand Prize.
17. Digital Millennium Copyright Act (“DMCA”). If you are a copyright owner or an agent thereof and believe that Entry materials infringe on your copyrights, you may submit a notification of claimed infringement pursuant to the DMCA by providing the Company’s agent designated below with a notice containing the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single site, a representative list of such works;
Identification of the material that is claimed to be infringing;
Your contact information including name, address, and telephone number, and, if available, email address;
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement made under penalty of perjury that the information in your notice is accurate, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.
Designated Agent: Zoe Loving
Mail: School of Journalism and Communication
Attn: Zoe Loving
1275 University of Oregon
Eugene, Oregon 97403-1275
If you believe material you submitted in connection with your Entry was removed or disqualified as a result of a DMCA notice was not infringing or that you have the authorization from the copyright owner or agent or are allowed by law to use such materials, you may send a written counter notice to the copyright agent with the information described above. The Company is required to send a copy of your counter notice to the party who submitted the initial notice.
Please remember that any person who knowingly or materially misrepresents information in a DMCA notice or counter notice may be liable for damages.
The Company, in the Company’s sole discretion, may remove and void an Entry that is alleged to infringe on the rights of another.
18. CHOICE OF LAW; DISPUTE RESOLUTION. The Contest and these Rules are governed by the laws of the State of Washington, USA without regard to its conflict of law principles or any international rule or regulation. Except where prohibited by law, Participant agrees that any dispute arising out of or relating to the Contest, these Rules, or the Grand Prize that cannot be resolved between the parties shall be submitted exclusively to binding arbitration in Clark County, Washington or at such other place agreed to by the Company, and administered by the Washington Arbitration & Mediation Service. The arbitrator’s decision shall be controlled by the terms and conditions in these Rules and any other agreement Participant entered into pursuant to these Rules. If any portion of this arbitration provision is deemed unenforceable, the remaining terms remain in effect.