#LetsTradeStories Photo Contest
OFFICIAL RULES
NO PURCHASE OR PAYMENT REQUIRED TO ENTER OR WIN.
A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE YOUR CHANCES OF
WINNING.
1.
ELIGIBILITY: The #LetsTradeStories Photo Contest (“Contest”) is open only to individuals who are (a) legal residents of California and Colorado and (b) at least eighteen (18) years of age and the age of majority in their state of residence at the time of entry, who (c) own prAna gear prior to the Contest. A purchase of prAna gear is not required to enter or win. Employees of Sponsor, Sponsor’s affiliate companies, or other companies associated with the Contest, as well as the immediate family (spouse, parents, siblings, and children) and household members of any such employee, are not eligible. The Contest is subject to all federal, state, and local laws and regulations and is void where prohibited.
2.
SPONSOR: The Contest is sponsored by prAna, 3209 Lionshead Ave, Carlsbad, CA, USA, 92010 (“Sponsor”). This Contest is in no way sponsored, endorsed, or administered by, or associated with, Facebook, Twitter, Instagram, etc.
3.
AGREEMENT TO OFFICIAL RULES: Participation in this Contest constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein in a timely manner.
4.
ENTRY PERIOD:The Contest begins on June 28, 2019 at 9:00 a.m. Pacific Daylight Time and ends on July 8, 2019 at 11:59 p.m. Pacific Daylight Time (the “Entry Period”). Entries submitted before or after the Entry Period will not be eligible. Sponsor’s computer is the official timekeeping device for the Contest. Your participation is subject to the Facebook, Twitter, Instagram, etc. Terms of Service.
5.
ENTRY: To enter, (a) Pick a favorite spot in one of the following cities: Manhattan Beach, CA; Palo Alto, CA; San Francisco, CA; Denver, CO; (b) Post a photo to Facebook, Instagram, or Twitter of yourself in this location, wearing your favorite prAna gear; (c) Start your caption with hashtag #letstradestories #prAnacontest and mention @prana (d) Include why this location represents your hometown in the caption. There is a limit of one (1) entry per person. Your entry must be clear/not blurry and at least 900x900 pixels in dimension and at least 300 ppi. If you enter or attempt entry more than the stated number of times or by any means except as permitted in these Official Rules, all of your entries will be voided and you will be ineligible to participate in the Contest. Proof of submission will not be deemed to be proof of receipt by Sponsor. Entries generated by script, macro, or other automated means are void. You may not modify or edit your entry after it is uploaded.
6.
CONTENT REQUIREMENTS: Your entry must not (a) violate or infringe another’s rights, including but not limited to privacy, publicity, or intellectual property rights; (b) contain content that conflicts with Sponsor’s corporate responsibility, mission, or values, as detailed on Sponsor’s website; (c) contain material that is inappropriate, indecent, obscene, hateful, threatening, tortious, defamatory, slanderous, or libelous; (d) disparage Sponsor or any third party; (e) depict any risky behavior, as determined by Sponsor in its sole discretion; (f) contain any third party trademarks or logos, other than Sponsor’s; (g) contain material that promotes bigotry, racism, hatred, or harm against any group or individual, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; and (h) have been previously published, publicly displayed, assigned, or otherwise provided to a third party or entered in any other contest. Sponsor reserves the right to refuse to post any entry for any reason.
7.
ENTRANT’S WARRANTIES AND REPRESENTATIONS: By submitting an entry, you warrant and represent that (a) your entry is your original creation completed without the assistance of a third party professional and solely for entry in the Contest; (b) you own all rights to the entry; (c) to the extent the entry depicts any individual or features the voice of any individual, you are the individual pictured and heard in the submission, or, alternatively, you have obtained written permission from all individuals that appear in your entry to use their name, image, voice, and likeness in your entry and to grant to Sponsor the rights described in the “Sponsor’s Rights to Entries” section below, and can make written copies of such permissions available to Sponsor upon request; and (d) the entry complies with all requirements of these Official Rules.
8.
SPONSOR’S RIGHT TO ENTRIES: By uploading your entry or otherwise participating in the Contest, you (a) grant to Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display your entry and all related materials and content in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media, or technology, now known or later developed, including for promotional or marketing purposes, without limitation and without additional review, compensation, or approval from you or any other party; (b) forever waive any rights of copyrights, trademark rights, privacy rights, and any other legal or moral rights that may preclude Sponsor’s use of your entry; and (c) agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor on the grounds that any use of the entry, or any derivative works, infringes any of your rights as creator of the entry, including, without limitation, copyrights, trademark rights, and moral rights. If requested, you will sign any documentation that may be required for Sponsor or its designees to make use of the rights granted herein.
9.
JUDGING; ODDS; NOTIFICATION OF POTENTIAL WINNER(S): After the Entry Period, Sponsor will evaluate all eligible entries and select a maximum of thirty-six (36) potential winners as follows: maximum nine (9) potential winners will be selected from among all eligible entries featuring Manhattan Beach, CA; maximum nine (9) potential winners will be selected from among all eligible entries featuring Palo Alto, CA; maximum nine (9) potential winners will be selected from among all eligible entries featuring San Francisco, CA; and maximum nine (9) potential winners will be selected from among all eligible entries featuring Denver, CO. Winner selection will be based on the following Judging Criteria: adherence to Contest theme (50%), creativity (25%), and quality of photo submission (25%). The odds of being selected depend on the number of eligible entries received and the performance of each entrant. Sponsor will attempt to notify each potential winner by email within seven (7) days. If a potential winner cannot be reasonably contacted, verified, or confirmed after two (2) attempts (and further attempts at Sponsor’s sole discretion), a prize is declined, or a potential winner is not eligible for award of a prize for whatever reason, an alternate potential winner may be selected according to the Judging Criteria. Only nine (9) alternate potential winners may be contacted.
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REQUIREMENTS OF THE POTENTIAL WINNER(S): Potential winners are subject to verification by Sponsor, whose decisions are final and binding in all matters related to this Contest. You are not a winner of any prize unless and until your eligibility has been verified and you have been notified that verification is complete. Except where prohibited, potential winners may be required to timely complete and return an affidavit of eligibility (including a declaration of compliance with these Official Rules), a Form W-9 (for tax reporting purposes), a comprehensive liability waiver and publicity release (including waivers of any intellectual property, privacy, or publicity rights), and/or other documents requested by Sponsor. If a potential winner fails to sign and return these documents within the required time period, an alternate potential winner may be selected in his/her place according to the Judging Criteria. Acceptance of any prize will constitute and signify winner’s agreement and consent that Sponsor and its designees may use winner’s name, city, state, likeness, opinion, and voice for promotional, advertising, or other purposes, worldwide, in any and all media now known or hereafter devised, including the internet, without limitation and without further payment, notification, permission, or other consideration, except where and to the extent prohibited by law.
11.
PRIZES: Each winner will have their winning photo entry featured among other winning photos on the cover-wrap of one of the four upcoming Fall 2019 prAna catalogs associated with the city featured in the photo entry. A maximum of nine (9) different winners will be featured on each of the four catalogs. Additionally, each winner will receive a $150 prAna gift card. Total approximate retail value of all prizes: $1,800 USD. Prize is nontransferable, non-refundable, and cannot be redeemed for cash or credit, in whole or in part. Prize is awarded “as is” with no warranty or guarantee, express or implied. Prize will be shipped to winner’s address within the U.S. No substitution may be made except Sponsor reserves the right to substitute a prize or prize component for one of equal or greater value if the designated prize should be unavailable for any reason. Winner is responsible for payment of all applicable taxes and any other costs, fees, and expenses not listed above. Any prize details not specified above will be determined by Sponsor in its sole discretion. Prizes will be reported as income to the extent required by law. If the winner declines or fails to accept a portion of the prize, that portion is forfeited. Actual prize value may vary based on price fluctuations and other factors. Winner will not receive difference between actual and approximate retail value of prize.
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GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend, or modify the Contest if any fraud or other problem corrupts the administration, security, or proper play of the Contest, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to select a winner according to the Judging Criteria from the eligible entries received up to the time of the impairment or Sponsor’s identification of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. All activity arising out of and relating to the Contest is subject to verification and auditing for compliance with the Official Rules and you agree to cooperate with Sponsor concerning verification and auditing. All references to an entrant’s status as a “winner” are subject to Sponsor verification and auditing. If verification activity or an audit evidences non-compliance of an entry or entrant with the Official Rules as determined by Sponsor in its sole discretion, Sponsor reserves the right to disqualify the entrant and remove the entry from the Contest at any time.
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PRIVACY: All personal information you submit as part of this Contest will be treated in accordance with Sponsor’s Privacy Policy (accessible from www.prana.com/privacy-policy.html), as well as the privacy policies of Facebook, Twitter, and Instagram, as applicable. By participating in the Contest, you acknowledge and agree that all information and material, including any personal information provided in your entry materials, affidavits, and releases, will be shared with Sponsor’s agents, representatives, and other third parties involved in the execution, administration, or hosting of the Contest, and may be further publicized or released for promotional and compliance purposes. In the event of any conflict between these Official Rules and the terms of Sponsor’s Privacy Policy, these Official Rules will govern. As it relates to this Contest, you are providing your entry information to Sponsor and not to Facebook, Twitter, or Instagram.
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LIMITATIONS OF LIABILITY; DISCLAIMERS/RELEASE: By participating in the Contest, you agree to release and hold harmless the Released Parties (defined below) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including but not limited to, (a) any inaccurate information, whether caused by entrants or printing errors; (b) unauthorized human intervention in any part of the Contest; (c) technical failures of any kind, including, but not limited to electronic malfunctioning of any network, hardware, or software; (d) technical or human error which may occur in the administration of the Contest or the processing of entries; (e) lost, delayed, stolen, damaged, incomplete, invalid, unintelligible, garbled, misdirected, mutilated, or undeliverable entries, all of which will be void; or (f) any injury or damage to persons or property including, but not limited to, death, which may be caused, directly or indirectly, in whole or in part, as a result of your participation in the Contest or receipt of any prize. If there is a dispute as to the identity of an entrant, the authorized account holder of the email address associated with the Facebook, Twitter, Instagram, etc. account used to enter will be deemed to be the entrant and must comply with these Official Rules. The “authorized account holder” is the natural person assigned 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 email address. You may be required to show proof of being an authorized account holder. Sponsor and its parent(s), subsidiaries, affiliates, distributors, and retailers, and all of their respective advertising and promotional agencies, representatives, shareholders, employees, contractors, officers, directors, and agents as well as all social media sites (collectively, the “Released Parties”) expressly disclaim any and all warranties of any kind (whether express, implied, statutory, or otherwise), including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Under no circumstances will the Released Parties be held responsible or liable for your use of the information and/or products provided and/or made available through the Contest or for errors or anomalies resulting in the unintended or erroneous participation, award of prize, or other benefits under these official rules. Released Parties offer no assurances, guarantees, or warranties that the Contest will be uninterrupted or error-free and do not guarantee the accuracy or reliability of any information obtained through the Contest. Released Parties will not be liable or responsible for damages of any kind related to your participation in or inability to participate in the Contest, whether the damages are direct, indirect, incidental, special, or consequential. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you in whole or in part.
15.
DISPUTES Except where prohibited, you agree that (a) any and all disputes, claims and causes of action arising out of, or connected with the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Multnomah County, Oregon; (b) 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 attorneys’ fees; and (c) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental, and consequential damages and any other damages other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of any other entrant or Sponsor in connection with the any portion of the Contest, shall be governed by, and construed in accordance with, the laws of the State of Oregon, without giving effect to any choice of law or conflict of law rules (whether of the State of Oregon or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of Oregon. By participating in the Contest, you agree that Oregon will be the exclusive forum for any formal dispute resolution.
16.
WINNERS LIST: You may obtain the Contest results by sending a self-addressed, stamped envelope to Sponsor with a printed request for “Winners List – Let’s Trade Stories Catalog Photo Contest 2019.” Mail to: prAna ATTN: Brittany Sheppard 3209 Lionshead Ave, Carslbad, CA, USA, 92010. Records may not be available beyond two (2) years.
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