Girl Scout #GSoutdoorsSweepstakes Facebook, Instagram and Twitter Photograph Sweepstakes Official Rules ("Official Rules")
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN
A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE CHANCES OF
WINNING. VOID WHERE PROHIBITED.
1. SWEEPSTAKES DESCRIPTION:
The Girl Scout #GSoutdoorsSweepstakes Facebook, Instagram and Twitter Photograph Sweepstakes ("Sweepstakes"), sponsored by the Girl Scouts of the United States of America ("Sponsor"), allows eligible individuals ("Entrants") to submit a photograph based on phased challenges set by the Sponsor through the Facebook, Instagram and/or Twitter smartphone application using the specified Tag or hashtag as detailed below (See 4. How to Enter). The Sponsor will select one winner for each phase, starting the first week of the Sweepstakes, from the photographs submitted to the photograph gallery by Entrants who have complied with all of the terms and conditions of these Official Rules ("the Prize Winner"). This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with, Facebook, Instagram or Twitter.
2. SWEEPSTAKES PERIOD:
Entry into the Sweepstakes by submitting a photograph starts on February 1, 2019 at 3:00 p.m. ET and ends on February 22nd, 2019 at 11:59 p.m. ET ("Promotional Period"). The Sponsor's clock is the official clock and sole determinant for the purposes of a valid vote in the Sweepstakes.
The Sweepstakes is open only to legal residents of and located within one of the fifty (50) states of the United States, the District of Columbia, or Puerto Rico (collectively, “Residents”) who are thirteen (13) years or older as of the date of entry (“Entrants”). Entrants who have not reached the age of majority in the jurisdiction they reside (“Minors”), must obtain parental or legal guardian consent to be eligible to enter Sweepstakes. The Sweepstakes is void where prohibited by law. The Sweepstakes is not open to any employees, directors, or officers of the Sponsor or of Sponsor's parent companies, subsidiaries, or affiliated councils, and the immediate family members (defined as spouse, parent, child, sibling, and their respective spouses, regardless of where they live) and household members (whether related or not) of such employees.
4. HOW TO ENTER:
TO ENTER INTO THE SWEEPSTAKES, ENTRANTS MUST:
For Instagram and Twitter:
Follow @Girlscouts on Instagram or Twitter. Upload a Photograph on Instagram or Twitter using the #GSoutdoorsSweepstakes hashtag, tag @GirlScouts and describe Entrant’s outdoor adventure that matches the challenge set by the Sponsor ("Submission Photograph"). To constitute a valid entry into the Sweepstakes, the Entrant must enter the correct hashtag. A public Instagram or Twitter account is required, as applicable, to enter, using this Sweepstakes entry method, and is available for free at http://instagram.com; https://twitter.com/. All terms and conditions of use, as available, on Instagram.com and Twitter.com apply.
Follow @GirlscoutsUSA on Facebook. Upload a Photograph to the corresponding Facebook microsite, describing Entrant’s outdoor adventure that matches the challenge set by the Sponsor ("Submission Photograph"). A Facebook account is required to enter, using this Sweepstakes entry method, and is available for free at https://www.facebook.com/. All terms and conditions of use on Facebook.com apply.
Sweepstakes Phases include:
Phase 1 (February 1-7, 2019) – Epic Outdoor Photograph
Phase 2 (February 8-14, 2019) – Amazing Wildlife Discovery Photograph
Phase 3 (February 15-21) – Wildlife Adventure Photograph
Entrant may enter all three (3) Phases, but is limited to submitting one (1) Submission Photograph per Sweepstakes Phase.
Except as provided herein with respect to the Sweepstakes entry methods, any other attempted form of online entry is void and will not be accepted. Submission Photographs that, in the Sponsor's sole discretion, are deemed to be obscene, indecent, or inappropriate may be disqualified and removed from the pool of eligible entries. Entrant, or anyone acting on behalf of Entrant, may not offer prizes, awards, gifts, money or consideration of any kind in exchange for votes in the Sweepstakes, and Sponsor reserves the right to disqualify any Entrant it believes, in Sponsor's sole discretion, to be engaging in such activity. Any use of automatic, programmed, or like methods of entry (e.g. bots or scripts) will void all Entrants submissions by such methods.
5. SUBMISSION PHOTOGRAPH GUIDELINES:
Submission Photographs must be the original work of the Entrant, must not have won previous awards, must not have been published previously, must not infringe upon any third party's rights, and must be suitable for publication (i.e. not obscene or indecent). Entrants agree not to submit any Photographs in which another owns any copyright, trademark, patent, trade secret, moral right, or other proprietary right (or where a recognizable product that is protectable by copyright or trademark appears). Such entries shall not be eligible to win this Sweepstakes. If the Submission Photograph is taken by anybody other than Entrant, or includes a person other than the Entrant (or any other material or elements that are not owned by the Entrant and/or that are subject to rights of third parties), then Entrant is responsible for obtaining any and all releases and consents necessary to permit the exhibition and use of the Submission Photograph in the manner set forth in these Official Rules, authorizing use of the photograph in Sponsor's promotional materials to feature the winning entry, without compensation, permission, or notification, unless prohibited by law. All written releases so obtained by an Entrant must be provided to Sponsor, in the form provided by Sponsor. An Entrant who is selected as the potential Prize Winner shall not be named the Prize Winner unless and until all such releases have been provided to the Sponsor, if applicable.
6. WINNER DETERMINATION:
The Prize Winner will be selected at random by the Sponsor from among the eligible Entrants. The odds of winning depend on the number of eligible entries received. A winner for each phase will be selected, starting the first week of the Sweepstakes, from February 8th to February 22nd, 2019. Winners will be notified via Instagram, Twitter direct message or by e-mail, by the Sponsor commenting back on their submission, as applicable, within one (1) day of the drawing. The randomly selected Entrant will have three (3) business days to claim their Prizes with a written response to the direct message or e-mail from firstname.lastname@example.org,sent by @girlscouts official social media channels. If the Entrant does not claim their Prizes within three (3) business days, a new Prize Winner will be selected at random by the Sponsor from among the eligible Entrants. Once an Entrant wins a challenge, they are no longer eligible for future prizes during this Sweepstakes.
7. PRIZES AND APPROXIMATE RETAIL VALUE ("ARV"):
There will be a maximum of one (1) winner per Phase. Each of the three (3) winners will receive a Go Pro camera (the, “Prize 1”) and an Apple smart watch (the, “Prize 2”, Prize 1 and Prize 2 will collectively mean, “Prizes”). The total value of Prizes, will not exceed a $1,795.00 retail value. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor.
Within three (3) days of notification, the winner must provide his/her correct name, email, address and telephone number to Sponsor in order to claim the Prizes. All winners, except Minors, must show their picture identification to claim the Prizes. If a winner is a Minor, then the winner’s parents or guardian must provide their own picture identification as part of consent and verification process before the winner can claim and receive his or her Prizes.
Please allow four (4) weeks for delivery. The Prizes are also subject to availability and the Sponsor reserves the right to substitute a prize of equal or greater value in its sole discretion. The Prizes are not transferable, assignable or redeemable for cash. The Prizes are limited to that specified above; all other unspecified costs, fees, and expenses associated with the Prizes award, receipt, and use are solely the responsibility of the Prize Winner. Any and all federal, state and local taxes on the Prizes, if any, are the sole responsibility of the Prize Winner.
8. OFFICIAL CLOCK AND USE OF INTERNET:
Sponsor's computer will be the official clock for the Sweepstakes. Sponsor and its respective parent companies, subsidiaries, and affiliates, and their respective advertising, promotion, or production agencies are not responsible for technical, hardware, software, or telecommunications malfunctions of any kind; lost or unavailable network connections; failed, incorrect, incomplete, inaccurate, garbled, or delayed electronic communications caused by the sender; or by any of the equipment or programming associated with or utilized in this Sweepstakes which may limit the ability to participate (including but not limited to defects/errors/malfunctions), or by any error that may occur in the entry process or the Sweepstakes. Without limiting the foregoing, Sponsor, and its respective parent companies are not responsible for electronic communications/emails not received due to email filtering, virus protection, other protective devices/apparatuses, or any other cause.
Without limiting the foregoing, for any reason (including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of Sponsor, which corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes and renders the Sweepstakes incapable of being conducted as described in these Official Rules), Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes in whole or in part. In such event, Sponsor shall make the Prizes available in a manner determined by Sponsor in its sole discretion to be fair, appropriate, and consistent with the spirit of these Official Rules. Notice of such action by Sponsor will be posted on the GSUSA website.
9. INTELLECTUAL PROPERTY AND GRANT OF LICENSE IN MATERIALS SUBMITTED:
Entrant grants to Sponsor, its parent companies, subsidiaries, Girl Scout councils, agents and its licensees the following royalty-free, non-exclusive, perpetual, worldwide, irrevocable license rights to use Entrant’s name, picture, likeness, voice and Submission Photographs and all elements of such entry, including, without limitation, the photograph and any descriptions (“Promotional Content”), for advertising and promotional purposes including in any publicity, promotion, or advertising in any form of media, including website (collectively, “Media Accounts”) without further compensation or notification to, or review or permission of Entrant and/or any third party.
Entrant also waives any right to inspect or approve any such use of their Submission Photographs associated moral rights, or rights to attribution. Entrant agrees, where permitted by law, to sign any documents necessary to affect this license grant. Entrant understands and agrees that display or publication of their Submission Photograph by Sponsor does not indicate that the Entrant who submitted a particular Submission Photograph will be selected as a Prize Winner, and Sponsor will not be required to pay any additional consideration or seek any additional approval in connection with such use.
By entering a Submission Photograph, Entrant agrees that Sponsor may post their names and Promotional Content, if applicable, on any and all Media Accounts, and that Sponsor may publicize information about Entrant or the Prize Winner. Sponsor may also use an Entrant's personal data, such as his or her name and e-mail address for Sponsor’s marketing communications. To opt-out or unsubscribe from receiving future promotion communications from Sponsor, please write to Sponsor at 420 Fifth Avenue, New York, NY 10018-2798.
By submitting an entry, Entrants agree to release, discharge, indemnify, and hold harmless Facebook, Instagram, Twitter, Sponsor, Girl Scout councils, or their respective parent companies, subsidiaries, affiliates, related companies, advertising and promotion agencies, and the directors, officers, employees, shareholders, and agents (“Indemnitees”) of each from and against any liability, injury, death, loss or damages to Entrant or any person or entity, including without limitation damage to personal or real property, caused in whole or in part, directly or indirectly, by reason of their participation in the Sweepstakes (or related activities), their acceptance, possession, or use/misuse of the Prizes, or from any delay in receiving the Prizes and/or any subsequent prizes, if applicable. Entrants' obligations to indemnify Indemnitees include actions arising (a) from any allegation that any Submission Photograph an Entrant submits via the Sweepstakes infringes or otherwise violates the copyright, trademark, trade secret, or other intellectual property or other rights of any third party, or (b) from any other violation of these Official Rules. By entering a Submission Photograph, Entrants agree that they have no right to bring (and covenant not to bring) any claim, action, or proceeding of any kind or nature whatsoever against Indemnitees in connection with this Sweepstakes. Entrants acknowledge and agree that Indemnitees do not have now, nor shall any of them have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the non-infringement or protection of any copyright, trademark, patent, or any other claimed right or interest in the Submission Photograph.
12. LIMITATION OF LIABILITY:
Indemnitees are not responsible for: (a) lost, late, damaged, destroyed, delayed, stolen, misdirected, incomplete, or illegible entries, or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware, or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Sweepstakes; or (e) printing, typographical, electronic, or human errors which may occur in the offer or administration of the Sweepstakes or the processing of entries. Entrant agrees that any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys' fees or mediation related costs; and Entrant waives all rights to claim any punitive, incidental, consequential, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW (AND TO DISQUALIFY SUCH INDIVIDUAL FROM THE SWEEPSTAKES IF APPLICABLE). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. BY PARTICIPATING IN THE SWEEPSTAKES, ENTRANT AGREES THAT THE INDEMNITEES (I) MAKE NO WARRANTY, GUARANTY, OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO THE SWEEPSTAKES AND/OR THE PRIZES; AND (II) DISCLAIM ANY IMPLIED WARRANTY.
13. GOVERNING LAW/JURISDICTION:
The Sweepstakes is governed by the laws of the State of New York (excluding its principles of conflicts of laws/choice of laws), County of New York and all claims must be resolved individually (NOT PART OF A CLASS) in the appropriate state and federal courts of New York. By participating, you agree to the exclusive jurisdiction of such courts. Sponsor's failure to enforce any provision of these Official Rules shall not constitute the waiver of such provision.
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.
15. RULES/WINNER LIST REQUESTS:
Official Rules (available during Promotional Period) and Prize Winners List (available after February 22nd, 2019) may be obtained by mailing a request to the following address: Girl Scouts of the USA, 420 Fifth Avenue, New York, New York 10018-2798.