Sierra Trading Post Share Your Adventure Photo Contest Official Rules
SPONSOR, PROMOTION DESCRIPTION AND PERIOD: The Sponsor of this promotion is Sierra Trading Post, Inc. (“Sponsor” or “STP”), 770 Cochituate Road, Framingham, MA 01701. STP is offering the Share Your Adventure Photo Promotion (the “Promotion”). The Promotion starts on November 16, 2016 at 12:00 a.m. MT and ends on November 15, 2017 at 11:59 p.m. MT (the “Contest Period”). The Promotion consists of a series of monthly independent contests (each, a “Monthly Contest”). During each Monthly Contest, participants are asked to submit an original photo of their adventure based on the month’s theme as pictured on the entry page (each, a “Submission”). Entry for each Monthly Contest will begin on the 16th day of each month during the Contest Period at 12:00 a.m. MT and end on the 15th day of the following month at 11:59 p.m. MT during the Contest Period (each, a “Monthly Entry Period”). On or about 12:00 p.m. MT the Friday following each Monthly Entry Period, Sponsor will select from all eligible entries approximately three (3) photos as finalists for the preceding Monthly Entry Period (the “Monthly Finalists”). The Monthly Finalists shall be deemed the potential winners of the applicable Monthly Contest, subject to the terms and conditions herein. Entry in the Promotion does not constitute entry into any other promotion, contest, or sweepstakes.
ELIGIBILITY: PROMOTION OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST 18 YEARS OF AGE AND WHO HAVE REACHED THE AGE OF MAJORITY IN THEIR STATE OF RESIDENCE AT THE TIME OF ENTRY. Officers, directors, and employees of Sponsor, Sponsor’s parent, subsidiaries, and affiliated companies, retailers, sales representatives, advertising, promotional and judging agencies, persons engaged in the development, production or distribution of materials for this promotion (collectively, the “Promotion Parties”) and the immediate family members (defined as parents, spouse, children, siblings, grandparents) of each and/or, and all those with whom such employees are domiciled (whether related or not), are NOT eligible to participate.
The Sponsor, and/or its designated representatives, will review all Submissions received and will post the eligible Monthly Finalists to the Contest Site that conform to these Official Rules, including, but not limited to, the Submission Requirements, as determined by the Sponsor in its sole discretion. The Monthly Finalists along with the first and last name of the entrant will be available on the Contest Site for viewing by the general public and any such posting will be deemed made at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. Entries that do not comply with these Official Rules, as determined in Sponsor’s sole discretion, will be disqualified from the Promotion. Decisions of the Sponsor are final and binding.
Sponsor’s decisions are final and binding in all matters relating to this Promotion.
JUDGING: Sponsor or its designee will select three (3) Monthly Finalists from among the eligible Monthly Entrants in each Monthly Contest based on the following “Judging Criteria”: artistic composition (35%), creativity (35%), and quality of the image (30%). The Judging Criteria are to be applied in the sole discretion of Sponsor; each entrant agrees to be bound by and not challenge the final decisions of Sponsor. The three (3) Monthly Finalists will be deemed the potential winners for the corresponding Monthly Contest. Three (3) winning entries will be selected for each Monthly Contest.
All results of the selections are final and binding, subject to these Official Rules. In the event a winning entry is discovered to be invalid for any reason whatsoever or the person who submitted the winning entry fails to comply with these Official Rules prior to delivery of the prize, the prize may be forfeited and awarded to an alternate winner.
POTENTIAL WINNER NOTIFICATION: Potential Prize Winners will be notified by Sponsor whose decisions are final and binding on all matters relating to this Promotion. Sponsor will notify potential Monthly Contest winners on or about the Friday following the applicable Monthly Entry Period. Sponsor will attempt to notify each potential Prize Winner using the email address provided at time of entry if entry was submitted on the Contest Site. The potential winner must then contact Sponsor using that contact information within five (5) days of notification. Potential Prize Winners are subject to eligibility verification and compliance with these Official Rules. Each potential Prize Winner may be required to execute a further Submission license or assignment, Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, "Prize Claim Documents") within five (5) days of notification in order to receive prize delivery. If any required information is not returned within the number of days specified in the notification correspondence, or if any notification is returned as undeliverable, then the prize may be forfeited and an alternate Prize Winner will be selected at the Sponsor’s sole discretion. Designation as a Prize Winner is subject to entrant’s proof of compliance with these Official Rules, maintaining compliance with these Official Rules, and approval by Sponsor. Each entrant acknowledges that other entrants may have created ideas and concepts contained in his/her entry that may have familiarities or similarities to his/her entry, and that he/she will not be entitled to any compensation or right to negotiate with the Promotion Parties because of these familiarities or similarities. The decisions of the Promotion Parties are final and binding in all matters relating to this Promotion, including interpretation and application of these Official Rules.
PRIZES: Three (3) Prizes are available in each Monthly Contest. The Grand Prize for each Monthly Contest winner shall be a Sierra Trading Post eGift Card in the amount of $200 (ARV: $200). The Prize for the winner shall be a Sierra Trading Post eGift Card in the amount of $150 (ARV: $150). The Prize for the winner with shall be a Sierra Trading Post eGift Card in the amount of $100 (ARV: $100). eGift Cards are subject to the terms and conditions imposed by issuer. Sponsor is not responsible for lost or mutilated eGift Cards and none will be replaced. Prizes are non-transferable. No cash alternative or prize substitutions allowed, except Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value if advertised prize becomes unavailable. Prizes may not be sold, bartered, or exchanged by winners. All details of any prize not specified herein shall be determined solely by Sponsor. By accepting a prize, the winner acknowledges compliance with these Official Rules. ALL FEDERAL, STATE, OR OTHER TAX LIABILITIES ARISING FROM THIS PROMOTION ARE THE SOLE RESPONSIBILITY OF THE WINNER; SPONSOR IS NOT RESPONSIBLE FOR AND WILL NOT PAY ANY SUCH TAXES. ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. Limit of one prize per person/household. No more than the listed number of prizes will be awarded. All other expenses relating to acceptance of a prize, including but not limited to taxes and any other expenses not specified herein are the sole responsibility of winner. Prize conditions may be added or modified by Sponsor, in its sole discretion.
CONDUCT: By entering into this Promotion, entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects. These Official Rules are accessible from throughout the Contest Period. Failure to comply with these Official Rules may result in disqualification. This Promotion is subject to the laws of the United States. Sponsor reserves the right at its sole discretion to disqualify any individual suspected of tampering with the entry process or the operation of the Promotion; or to be acting in any manner deemed by Sponsor to be in violation of the Official Rules; or to be acting in any manner deemed by Sponsor to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
ENTRANT'S GRANT OF RIGHTS: By participating in the Promotion, each entrant irrevocably grants Sponsor and its agents and successors and assigns a non-exclusive, unlimited, worldwide, perpetual, royalty free, transferable license and right (but not the obligation) to reproduce, publicly perform, distribute, exploit, publicly display, and otherwise use the Submission in any way, for any reason, and in any and all media (including but not limited to the Contest Site), without limitation, and without further notice, consent or consideration to the entrant. Without in any way limiting the foregoing, Sponsor shall have the right, in its sole discretion, to modify and make derivative works of the Submission for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. Sponsor shall have the right to freely sublicense its rights hereunder, in whole or in part, to any person or entity. Sponsor shall retain the rights granted in each Submission even if the Submission is disqualified or fails to meet the Submission Requirements.
REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION: Each person who enters this Promotion represents and warrants as follows: (i) the Submission is the entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Submission does not contain any computer virus (as applicable), is otherwise uncorrupted, 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 does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (iv) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. By entering, each entrant agrees to hereby indemnify and hold harmless the Promotion Parties from any and all third party claims, actions, proceedings or damages of any kind (including reasonable attorneys' fees) arising from, or relating to, the breach or alleged breach of the representations, warranties or agreements herein, your entry, or your conduct in creating your entry or otherwise in connection with this Promotion.
PUBLICITY RELEASE: By participating in the Promotion, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in the Promotion, each entrant irrevocably grants the Promotion Parties and their respective successors, assigns, and licensees, the right to use such entrant's name, likeness, image, and biographical information in any and all media for any purpose, including, without limitation, advertising and publicity purposes, as well as in connection with the Promotion and hereby releases the Promotion Parties from any liability with respect thereto and as more fully set forth below.
Adult Model Release: If Submission contains images of people with recognizable features, entrant agrees that he or she has the permission of those models to use their images in association with this contest. Entrant does hereby release and discharge Sierra Trading Post and photographer from any and all claims and demands arising out of or in connection with the use of the images and content including without limitation any and all claims for libel or violation of any right of publicity or privacy. Entrant agrees that any adult model does hereby grant Sierra Trading Post:
Entrant has read the above authorization, release and agreement, prior to its execution; fully understands the contents thereof. This release agreement shall be binding upon entrant and entrant’s heirs, legal representatives and assigns.
Minor Model Release: If Submissions contains images of minors (children who are less than 18 years old or the age of majority in their state of residence by the date of submission) entrant agrees that entrant is the parent or legal guardian of such minors at the time Submission is uploaded for consideration in this contest. Entrant confers on Sierra Trading Post and the photographer the absolute and irrevocable right and permission with respect to the photographs taken of entrant’s minor child in which he/she may be included with others:
DATES & DEADLINES/ANTICIPATED NUMBER OF ENTRANTS: Because of the unique nature and scope of the Promotion, 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 Promotion. Sponsor cannot accurately predict the number of entrants who will participate in the Promotion.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Promotion Parties 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 Promotion does not place the Promotion Parties 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 Parties have wide access to ideas, stories, photographs, 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 photographs 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 Party’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Promotion Parties 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.
NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Submission or any materials or content created by the entrant (the “Materials”), or to otherwise exploit any Submission or Materials or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Submission or Materials for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
LIMITATIONS OF LIABILITY: The Promotion Parties assume no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Promotion or for miscommunications or for the incorrect or inaccurate capture of information, or the failure to capture any information; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers; (d) inaccessibility or unavailability of the Internet or any combination thereof; or (e) any injury or damage to the entrant’s or to any other person’s computer which may be related to or resulting from any attempt to participate in the Promotion or access or download any materials from the Contest Site. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due prize notifications. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Promotion if it determines, in its sole discretion, that the Promotion is technically impaired or corrupted or that fraud or technical problems, failures, or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Promotion as contemplated herein. In the event an insufficient number of eligible Submissions are received and/or Sponsor is prevented from awarding prizes or continuing with the Promotion as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend, or terminate the Promotion. If the Promotion is terminated before the designated end date, Sponsor will (if possible) select the winner(s) from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.
RELEASES/FORCE MAJEURE: All entrants, as a condition of entry into the Promotion, agree that the Promotion Parties and Facebook A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Promotion or any Promotion-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Only the type and quantity of prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. Unless otherwise stated in these Official Rules, the invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. Unless otherwise stated in these Official Rules, in the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official 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.
GOVERNING LAW/JURISDICTION: 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 PROMOTION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF MASSACHUSETTS AND THE UNITED STATES OF AMERICA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. FOR THE PURPOSES OF ANY DISPUTES HEREUNDER, BY ENTERING THIS PROMOTION, EACH ENTRANT AGREES THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THIS PROMOTION SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND CONSENTS TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE APPROPRIATE STATE OR FEDERAL COURT SITUATED IN THE STATE OF MASSACHUSETTS, U.S.A.
ARBITRATION PROVISION: By participating in this Promotion, each entrant agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Promotion Parties relating to, arising out of or connected in any way with (a) the Promotion, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the U.S. Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Massachusetts, U.S.A.; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Promotion; (v) the arbitrator shall apply Massachusetts law and United States law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on entrant’s behalf, subject to ultimate allocation by the arbitrator; (ix) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at jamsadr.com.
WINNERS LIST: Names of winners are available within 14 days after each Monthly Entry Period ends. To request any legally required winner’s list, send a self-addressed, stamped envelope to:
STP Winner Request: SYA Photo Contest + Date
Sierra Trading Post, Inc.
770 Cochituate Road
Framingham, MA 01701