Where The Trail Ends Photo Contest Conditions

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA, CANADA (EXCLUDING QUEBEC), THE UNITED KINGDOM, AND GERMANY, AGES 18 AND OLDER (AND AGE OF MAJORITY IN JURISDICTION OF RESIDENCE), WITH A PUBLIC INSTAGRAM ACCOUNT AND/OR A TWITTER ACCOUNT. VOID WHERE PROHIBITED BY LAW.


USE CAUTION AND COMMON SENSE WHEN PARTICIPATING IN THIS CONTEST. RESPECT AND ENSURE THE SAFETY OF YOURSELF AND OTHERS. DO NOT TRESPASS OR HARM ANYONE’S PROPERTY.

 

The Where the Trail Ends #photo Contest–Phase 3 (“Contest”) call for entry period begins on June 5, 2013 at 12:00:01 a.m. Pacific Time (“PT”) and ends on June 18, 2013 at 11:59:59 p.m. PT (“Promotion Period”). The time shall be determined by Sponsor’s timekeeping systems, and Sponsor may also rely on the time processing functions of Instagram and/or Twitter, as relevant. Sponsor shall have the sole discretion in determining the timeliness of any action or inaction related to this Contest.

 

The Contest is open to legal residents of the fifty (50) United States and the District of Columbia, Canada (excluding Quebec), the United Kingdom, and Germany, who are at least 18 years of age and the age of majority in their jurisdiction of residence at the time of entry. Void where prohibited. Employees of Red Bull Media House North America, Inc. (“Sponsor”) and its parent companies, subsidiaries, affiliates, advertising agencies, public relations agencies, Judging Panel (defined below), prize suppliers, including any vendors providing services in connection with this Contest (collectively, the “Sponsor Affiliates”), and employees, agents, directors, officers (including members of their immediate family – i.e., spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren – or those living in the same household) of Sponsor or any Sponsor Affiliates are not eligible to participate. Contest is subject to all applicable federal, state, and local laws. To participate, entrants must have a Twitter® account and, where the entrant wants to participate through Instagram®, an Instagram® account that is open to the public (an account where anyone can subscribe to follow your photos). You are not eligible to participate if your Instagram account is set to the special private option (where a user must approve all follow requests).

TO ENTER:
During the Promotion Period, (i) take a picture that shows us the coolest way to spell “Where The Trail Ends” (the “Theme”); and (ii) upload the image to Instagram or Twitter and include “#spellwtte,” in the caption for the uploaded photo. Each submitted entry must meet all of the Required Representations and Warranties set forth below. Failure to complete any step outlined in, or to follow any of, the Official Rules will result in disqualification of attempted entry.

You may submit as many entries as you wish, but you may not win more than one (1) prize. The creation or use of multiple Instagram and/or Twitter accounts to attempt to claim multiple prizes is strictly prohibited. Sponsor is not responsible for lost, late, misdirected entries or entries not received regardless of cause. In the event of a dispute over who submitted an entry, the entry will be deemed to have been directly submitted by the authorized account holder of the primary e-mail address associated with the Instagram or Twitter account identified or the Instagram or Twitter account identified, as applicable to the manner of entry. The authorized account holder is deemed to be the natural person who is assigned to the e-mail address associated with the Instagram or Twitter account by the relevant entity responsible for assigning e-mail addresses for the relevant domain. Entries become the property of Sponsor and will not be returned.
In the planning, creation, and distribution of your entry (including, without limitation, the submitted image), you warrant and represent that you will abide by all laws, regulations, and ordinances and that you will not harm, attempt to harm, or threaten to harm any person (including yourself) or property. You further warrant and represent that you will take the highest level of care in planning, creating, and distributing your entry (including, without limitation, the submitted image).

REQUIRED REPRESENTATIONS AND WARRANTIES:
To be eligible, all entries (including, without limitation, the submitted image) must comply with the following criteria (collectively, the “Required Representations and Warranties):
(i) Your entry and image must be your own original work, created and shot by and/or featuring you; must not have been previously published, released or distributed in any form; must not have been entered into any other drawing or competition nor won any award. Modification of an existing image does not count as original for purposes of this Contest. The entry and image must not contain any material that would violate or infringe upon the rights of any person or entity, including without limitation copyrights, trademarks or rights of privacy or publicity, or that is defamatory, threatening, indecent, obscene or offensive, or that is unlawful, in violation of or contrary to any applicable laws or regulations, or which requires a license from any third party.
(ii) You represent that you have the express consent of any identifiable persons appearing in the entry or image to their likeness being used in the ways set out in these Official Rules, including Sponsor’s right to use the entry and image for any future commercial purpose without restrictions. Upon request, you will obtain written consent of any such persons for Sponsor. If any person appearing in the entry or image is under the age of majority in their state of residence, the written consent and signature of a parent or legal guardian is required. The entry and image must not contain any personally identifiable information of any person. 
(iii) Except for the marks of the Sponsor and Red Bull North America, Inc. (addressed below), the entry and image must not contain or reference any names, products or services of any company or entity or any third party trademarks, logos, trade dress or promotion of any brand, product or service. Sponsor grants you the limited permission to display its and Red Bull North America, Inc.’s marks and products in your entry and image solely for purposes of entering this Contest and subject to these Official Rules. 
(iv) The entry and image must be appropriate for public viewing. Without limiting the foregoing, the entry and image must not be lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, violate any laws or otherwise contain content which Sponsor in its sole discretion decides is inappropriate or objectionable. Your entry must also not disparage or cast a negative light on any person, entity, or brand, product, or service. 
(v) The entry and image must comply with all of Twitter or Instagram’s requirements and terms regarding the use of their services.

Entries (including, without limitation, the submitted images) that do not comply with the above requirements may not be eligible and, if submitted, may be removed at any time in Sponsor’s sole discretion. Sponsor reserves the right in its sole discretion to disqualify any entry that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. Entrants agree to reimburse Sponsor and Sponsor Affiliates in full in respect of any losses, damages, and expenses, including reasonable attorney fees that they may sustain from the breach of a representation or warranty made by the entrant or the use of any rights granted by the entrant to Sponsor hereunder. By entering, entrant warrants that the submitted entry and image comply with the entry requirements set out above including those at (i)-(v) above. By entering, entrant grants to Sponsor a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable, assignable license to reproduce that entry and image and to otherwise use, exploit, copy, modify, adapt, edit, publish and display the entry and/or image in any form, manner, venue, media or technology now known or later developed for any and all purposes, including, without limitation, for purposes of trade, advertising, and promotion as Sponsor and its licensees or assignees determine, without further compensation, notification, or permission. Further, by entering, the entrant hereby waives any moral rights the entrant may have in the entry and/or image in favor of the Sponsor. At Sponsor’s request and in its sole discretion, entrants may be required to execute an assignment and release transferring all rights and ownership of their entry and/or image to Sponsor, the form of such assignment to be determined by Sponsor in its sole discretion.

By submitting an entry and/or image, entrant also grants to Sponsor the worldwide, perpetual, irrevocable, fully sub-licensable, and transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the entry and/or image (all attributes, collectively, per person, a “Persona”) for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law.
Sponsor reserves the right to disqualify any entrant in its sole discretion. If any process fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, Sponsor reserves the right to use another means to determine the winner(s), i.e. ask the Judging Panel to determine qualifying entries. All entries are subject to verification.

WINNER SELECTION:
After the Promotion Period, a judging panel that consists of qualified representatives selected by Sponsor (the “Judging Panel”) will review the eligible entries. The Judging Panel will judge such eligible entry based on the following criteria: (a) creativity, (b) originality, and (c) appropriateness for the Theme (the “Criteria”). The Judging Panel will determine one (1) Grand Prize winner and five (5) Runner-Up Prize winners.
To be clear, the Judging Panel may judge multiple entries that submit similar images; in such a case, the Judging Panel may consider the timing of such entries in making its decision but will not be bound to designate as a potential winner the first submission of such similar photos.
The selected winners are subject to verification.

PRIZES:
Grand Prize Winner: The one (1) potential Grand Prize winner shall, upon verification, be awarded a 2013 Demo 8 FSR Mountain Bike (actual prize color, features, and configuration to be determined by Sponsor in its sole discretion) (ARV: US$4,000).

Runner-Up Prize Winners: The five (5) potential Runner-Up Prize winners, upon verification, shall each be awarded one (1) copy of the Where the Trail Ends photo journal book (ARV: US$95.00 for each copy).

Total approximate retail value of all prizes awarded to all verified winners: US$4475.

All prizes are awarded "AS IS." Neither Sponsor nor Sponsor Affiliates make offer any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this Contest or any prize. Prize details and availability are subject to change, in which case a prize of equal value may be substituted at Sponsor's sole discretion. Prizes consist only of the items listed, are non-transferable, with no cash redemption or substitution except at Sponsor's sole discretion. Prizes are subject to terms, conditions, expiration dates, and restrictions imposed by the manufacturer of the prize or issuer in the case of a gift card or similar instrument. Federal, state, and local taxes on prizes, if any, and any other costs, fees and expenses not listed above as specifically included as part of the prize are the sole responsibility of winner. ALL TAXES ARE THE SOLE RESPONSIBILITY OF THE WINNER. An IRS form 1099 and other tax-related forms and documents may be issued by Sponsor if required by law.

WINNER NOTIFICATION/RELEASES:
On or around the day following the close of the Promotion Period, Sponsor shall notify the potential winners. The potential prize winner(s) will be contacted by the submitting Twitter account or asked to provide a Twitter account. Sponsor will notify the potential winner via Twitter direct message from @RedBullBIKE. If a potential winner does not respond within forty-eight (48) hours after the first attempted contact from Sponsor (whether requesting a Twitter account, a direct message, or any other communication), he or she will be disqualified and the prize awarded to an alternate winner as determined by the Judging Panel. The potential prize winner(s) may be asked to provide confirmation that he or she is the owner of the relevant Instagram and/or Twitter account. Each potential winner may be required, in Sponsor’s sole discretion, to complete and return an Affidavit of Eligibility, a scan or photo of legal ID, Release of Liability and/or, if legally permissible, a Publicity Release within four (4) days of attempted delivery of same.
By entering and/or participating, entrants agree:
(i) to be bound by these Official Rules and Sponsor’s Privacy Policy as set forth in these Official Rules; 
(ii) that the decision of the Sponsor is final and binding on all matters relating to the Contest;
(iii) to be contacted by Sponsor by e-mail, telephone and/or mail; and
(iv) to release and hold Sponsor and the Released Parties (defined below) from and against any and all liability for injuries and/or damages (including death) sustained in connection with acceptance, possession, use and/or misuse of a prize or related to participation in the Contest.

PUBLICITY & MARKETING:
Submission of an entry and/or image in the Contest constitutes permission to the Sponsor to use entrants’ name, identity, title, likeness, distinctive appearance, physical likeness, image, portrait, picture, photograph (whether still or moving), screen persona, voice, vocal style, statements, gesture, mannerism, personality, performance characteristic, biographical data, signature, and any other indicia or imitation of identity or likeness for purposes of advertising and trade, in any medium, without further notice, approval, or compensation, unless prohibited by law. Submission of contact information in connection with this Contest (whether or not required), including, without limitation, mailing address, phone number, email address, Instagram handle, and Twitter handle, during entry constitutes permission for Sponsor to use entrant’s personal information for purposes of administration of the Contest. Entrants also may opt-in to be added to Sponsor’s customer database and to permit Sponsor to contact entrant in the future for promotional and other reasons. You may opt-out of receiving such communications as set forth in Sponsor’s Privacy Policy (located at www.redbullusa.com) or as provided within any such marketing materials (e.g., using the “Unsubscribe” feature provided in the footer of Sponsor’s e-mails). You understand that you are providing your information to Sponsor and not to Instagram or Twitter. The information you provide will only be used in accordance with Sponsor’s Privacy Policy.

NO LIABILITY & INDEMNIFICATION:
By entering this Contest, you agree to release, discharge and hold harmless Sponsor, Sponsor Affiliates, Instagram, Inc., Twitter Inc., and their respective directors, officers, employees, agents and assigns (the “Released Parties”) from any claims, losses, and damages arising out of, or relating to, your participation in this Contest or any Contest-related activities and the acceptance and use, misuse, or possession of any prize awarded hereunder (including, without limitation, any misrepresentation made by the entrant in connection with the Contest; any non-compliance by the entrant with these Official Rules; claims brought by persons or entities other than the parties to these Official Rules arising from or related to the entrant’s involvement with the Contest; acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest; any malfunction, error or other problem arising in connection with the collection, processing, or retention of entry information; or any typographical or other error in the printing, offering or announcement of any prize or winner). The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in any way in connection with the Contest.

OTHER TERMS:
Decisions of Sponsor on all matters related to the Contest are final. Sponsor reserves the right to cancel or modify the Contest for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the Contest, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Contest as determined by Sponsor, in its sole discretion. Sponsor reserves the right to disqualify or prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation or with any provision in these Official Rules. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL & CIVIL LAWS. SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND/OR SEEK DAMAGES FROM ANY INDIVIDUAL MAKING ANY SUCH ATTEMPTS TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.

GOVERNING LAW & MANDATORY ARBITRATION:
Any disputes arising under this Contest and/or these Official Rules will be governed by relevant U.S. federal statutes and regulations and the internal laws of the State of California. Sponsor and each entrant agree that any such claim or dispute between the parties, or between a party and any agent, employee, successor, or assign of the other, related to this Contest and/or these Official Rules (including the applicability of this arbitration clause) shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.

SEVERABILITY:
If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.

NO AFFILIATION WITH TWITTER OR INSTAGRAM:
This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram, Twitter, or any other named or depicted people or entities other than Sponsor. Any questions, comments or complaints regarding the Contest should be directed to Sponsor.

WINNER LIST:
To obtain a list of winners, visit www.redbull.com/bike, where the winners will be posted for approximately one month after the end of the Contest.

SPONSOR:
Red Bull Media House North America, Inc., 1740 Stewart Street, Santa Monica, CA 90404.