"The Walk" Photo Contest Rules
Sponsor is National Geographic Society, 1145 17th Street, N.W., Washington, D.C. 20036-4688, USA ("Sponsor" or "NGS").
The Your Shot “The Walk” Photo Contest (the “Contest”) begins December 1, 2014 at 12:00:00 p.m. US Eastern Standard Time (“EST”) and ends December 22, 2014, 12:00:00 p.m. EST. ALL ENTRIES MUST BE RECEIVED BY December 22, 2014 at 12:00:00 p.m. EST. Information on how to enter and the prize form part of these official rules (“Official Rules”). By submitting an entry, each entrant agrees to the Official Rules and warrants that his or her entry complies with all requirements set out in the Official Rules. This is a skill-based contest and chance plays no part in the determination of winner. The purchase of an alcoholic beverage is NOT required to enter the Contest.
WHO MAY ENTER
Contest is open only to legal U.S. residents who are ages 21 and over and who have a Your Shot account at the time of entry. To set up a Your Shot account, register for a free online account at http://yourshot.nationalgeographic.com. Employees of National Geographic Society and Diageo Americas, Inc. and their subsidiaries, affiliates and agencies, and their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where
they live) or persons living in the same households of such employees, whether or not related are not eligible. In addition, employees of alcohol beverage suppliers, importers, wholesalers, distributors or retailers are not eligible.
HOW TO ENTER
Each Entry consists of a photograph submitted to the Your Shot “The Walk” Photo Assignment. To enter, visit http://yourshot.nationalgeographic.com/assignments/the-walk or NatGeoYourShot.com/TheWalk, click “Submit to Assignment” and submit your photograph in accordance with the guidelines that follow. You will be required to login or create a free National Geographic Your Shot account to participate, and you must agree to the National Geographic Community Terms of Service.
The theme for the assignment is “The Walk.” Limit three photographs (i.e., three entries in total) per person. Each entry must comply with the Your Shot Photo Guidelines as well as the following requirements (the "Photographic Requirements"):
• Photographs must be in digital format. No print or film submissions will be accepted for entry into this Contest. The photograph need not be taken with a digital camera; scans of negatives, transparencies, or photographic prints are acceptable. All digital files must be 20 megabytes or smaller, must be in JPEG or .jpg format, and must be at least 1,600 pixels wide (if a horizontal image) or 1,600 pixels tall (if a vertical image).
• Only minor burning, dodging and/or color correction is acceptable, as is minor cropping. Any changes to the original Photograph not itemized here or in the Your Shot Photo Guidelines are unacceptable and will render the Photograph ineligible for a prize.
• Photographs that include sculptures, statues, paintings, and other works of art will be accepted as long as they do not constitute copyright infringement or fraud; provided entrants must be prepared to provide a release form as described below in "Release." When photographing the work of others, it must be as an object in its environment and not a full-frame close-up of another person's art.
• The photograph, in its entirety, must be a single work of original material taken by the Contest entrant. By entering the Contest, entrant represents, acknowledges, and warrants that the submitted photograph is an original work created solely by the entrant, that the photograph does not infringe on the copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property rights of any person or entity, and that no other party has any
right, title, claim, or interest in the photograph.
• The photograph must not, in the sole and unfettered discretion of the Sponsor, contain obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content.
• The photograph must not reflect poorly upon the National Geographic Society, Diageo Americas, Inc. or its Johnnie Walker brand.
• The photograph must not depict or reference persons consuming alcoholic beverages; or depict or reference persons conducting themselves in an inappropriate manner; contain material that would imply that the consumption of alcoholic beverages is acceptable before or while operating machinery, driving a vehicle or undertaking any other activity that requires a high degree of alertness or physical coordination; or include an image of a person who appears to be under 21 years of age.
The entries will be judged in accordance with the Judging Criteria, as defined below. All entries must be submitted and received by December 22, 2014, 12:00:00 p.m. EST. Proof of submission is not proof of receipt.
If the photograph contains any material or elements that are not owned by the entrant and/or which are subject to the rights of third parties, and/or if any persons appear in the photograph, the entrant is responsible for obtaining, prior to submission of the photograph, any and all releases and consents necessary to permit the exhibition and use of the photograph in the manner set forth in these Official Rules without additional compensation.
Upon Sponsor's request, each entrant must be prepared to provide (within seven (7) calendar days of receipt of Sponsor's request) a signed release from all persons who appear in the photograph submitted, and/or from the owner of any material that appears in the photograph entry, authorizing Sponsor, Diageo Americas, Inc. and their licensees ("Authorized Parties") to reproduce, distribute, display, and create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known. Failure to provide such releases upon request may result in disqualification at any time during the Contest and selection of an alternate winner.
Similarly, upon Sponsor's request, each entrant must be prepared to provide (within seven (7) calendar days of receipt of Sponsor's request) a signed written license from the copyright owner of any sculpture, artwork, or other copyrighted material that appears in the photograph entry, authorizing any Authorized Party to reproduce, distribute, display, and create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known. Failure to provide such releases upon request may result in disqualification and selection of an alternate winner.
Finally, upon Sponsor's request, each entrant must be prepared to provide (within seven (7) calendar days of receipt of Sponsor's request) a signed written license from the owner of any private property included in the photograph entry, authorizing any Authorized Party to reproduce, distribute, display, and create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known. Failure to provide such releases upon request may result in disqualification and selection of an alternate winner.
For the purposes of these Official Rules, the entrant will be deemed to be in receipt of Sponsor's request or notification, (a) in the event that Sponsor sends the request by postal mail, five business days after the request was sent by Sponsor, or (b) in the event that Sponsor sends the request by email, on the day that the email was sent by Sponsor.
Grand Prize: One Grand Prize will be awarded. The Grand Prize consists of: (1) an 8-day National Geographic Adventure “Hiking Scotland’s Highlands and Islands” for the winner and one guest (who is 21 years of age or older) in 2015; and (2) the winning image will be featured on National Geographic’s Your Shot website. The 8-day National Geographic Adventure for two people offered by National Geographic Adventures, as described at http://www.nationalgeographicexpeditions.com/expeditions/hiking-scotland/detail, includes seven (7) nights’ accommodations; such description is made a part of these Official Rules and incorporated herein by reference. The Grand Prize also includes round-trip economy air transportation for the winner and guest between a major international gateway near the winner’s home (as determined by Sponsor in its sole discretion) to and from Edinburgh, Scotland. Sponsor determines all accommodations and trip details in its sole discretion. Trip must be completed in 2015 on dates determined by Sponsor in its sole discretion or prize will be forfeited. Trip must be booked at least 120 days prior to departure. Space is subject to availability. Winner and guest must travel on same itinerary. Travel must be roundtrip. Winner and guest are responsible for procuring adequate documentation for international travel (e.g., passport), or personal travel insurance prior to departure, if desired. Winner understands and agrees that adventure activities feature an inherent risk of injury and expressly assumes such risk; Winner further agrees upon Sponsor’s request to sign any required waivers/releases prior to taking part in such activities. Grand Prize Winner and guest must conduct themselves at all times in a socially responsible, respectful and appropriate manner; and, should Winner and/or guest fail to do so, Prize may be immediately terminated and the Sponsor and/or Diageo Americas, Inc. may pursue other legal sanctions against the Winner and/or guest. All Adventure dates and details are subject to availability. Participants agree to accept the National Geographic Adventures Terms and Conditions for the trip found at http://www.nationalgeographicexpeditions.com/information/terms/305. National Geographic Adventures may be physically demanding; travelers may be required to confirm they are physically prepared and have no existing health conditions that would limit their mobility. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to ground transportation to and from U.S. airport; meals; incidentals; gratuities; passenger tariffs or duties; airline fees; surcharges; airport fees; service charges or facility charges; personal charges such as alcoholic beverages, spa services, and internet usage; security fees; taxes or other expenses are the responsibility solely of winner. If Grand Prize winner is unavailable to travel on the dates the Adventure runs in 2015, then the prize will be forfeited. If Winner chooses to travel without a guest, Grand Prize
will be awarded in appropriate increments for one (1) traveler (i.e., the Winner him/herself) and no substitute prize or compensation will be awarded. Approximate Retail Value (“ARV”) of the Grand Prize is US$15,000. Actual value may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value, if any.
Potential winner shall be required to sign and return within ten (10) days following an attempted notification, an Affidavit, Declaration or Certificate of Eligibility, Liability Release, and where legally permissible, a Publicity Release and Warranty of Ownership and License in which the entrant warrants that he/she is the owner of the photograph (and all the intellectual property rights in the photograph submitted) and grants to the Authorized Parties the License described below. Failure to execute and deliver any required documents to Sponsor by the specified deadline may result in disqualification from the Contest, and selection of an alternate potential winner. Winner’s guest must sign and return a Liability Release and where legally permissible, a Publicity Release, prior to issuance of travel documents. Prize is not redeemable or exchangeable by winner for cash. No prize transfer, assignment, or substitution by winner permitted. If a prize (or part of a prize) is unavailable, the Sponsor, in its discretion, reserve the right to substitute the original prize (or that part of the prize) with an alternative prize of equal or greater monetary value and/or specification, unless to do so would be prohibited by law.
NONCOMPLIANCE OR RETURN OF PRIZE NOTIFICATION AS UNDELIVERABLE, WHETHER BY REGULAR MAIL OR BY E-MAIL, MAY RESULT IN DISQUALIFICATION AND SELECTION OF AN ALTERNATIVE POTENTIAL WINNER.
The judging consists of one round of evaluation. A Your Shot Photo Editor (the “Judge”) will select the Grand Prize winner from among all eligible entries based on the following criteria (“Judging Criteria”): (1) Alignment with the theme “The Walk” 40%; (2) Creativity 30%; (3) Photographic quality 30%. In the event of a tie, the tied entries will be re-submitted to the Judge for a re-judging between the tied entries alone. In the event that a tie remains after rejudging, the entry with the highest score in the creativity criteria will be declared the winner. The winner will be chosen in late December 2014 or early January 2015 and will be notified by e-mail. The decision of the Judge is final and binding.
By entering the Contest, all entrants grant an irrevocable, perpetual, worldwide non- exclusive license to Authorized Parties, to reproduce, distribute, display and create derivative works of the entries (along with a name credit) in connection with the Contest and promotion of the Contest, in any media now or hereafter known, for no additional compensation, including, but not limited to: inclusion in a public voting, or People’s Choice, initiative, in which National Geographic Society members may vote in their favorite entries; display at a potential exhibition of winners; publication of a book featuring select entries in the Contest; and publication in National Geographic magazine or online highlighting entries or winners of the Contest (the “License”). Entrants consent to the Sponsor doing or omitting to do any act that would otherwise infringe the entrant’s “moral rights” in their entries. Display or publication of any entry on an Authorized Party’s website does not indicate the entrant will be selected as a winner. Selection as the voting members’ favorite, or People’s Choice, does not indicate the entrant will be selected as a winner, and plays no part in the judging process. Authorized Parties will not be required to pay any additional
consideration or seek any additional approval in connection with such use as authorized by the License. Additionally, by entering, each entrant grants to Authorized Parties the unrestricted right to use all statements made in connection with the Contest, and pictures or likenesses of Contest entrants, or choose not to do so, at their sole discretion, except where prohibited by law. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use.
LIMITATION OF LIABILITY
By entering this Contest, all entrants agree to release, discharge, and hold harmless National Geographic Society, Diageo Americas, Inc. and their partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives, as well as Facebook, Inc. and Twitter Inc., from any claims, losses, and damages arising out of their participation in this Contest or any Contest-related activities and the acceptance and
use, misuse, or possession of any prize awarded hereunder.
Facebook is a registered trademark of Facebook, Inc. Twitter is a registered trademark of Twitter Inc. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Twitter. You are providing your information to the Contest administrators/Contest Sponsor/Diageo Americas, Inc. and not to Facebook or Twitter. The information you provide will only be used to select the winner and provide notification of prizing and/or information pertaining to National Geographic Society.
National Geographic Society and Diageo Americas, Inc. assume no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to Contest entries or entry forms; or alteration of entries or entry forms. NGS and Diageo Americas, Inc. are not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail entry to be received on account of technical problems or traffic congestion on the Internet or at any website, human errors of any kind, or any combination thereof, including any injury or damage to entrants' or any other persons' computers related to or resulting from participation, uploading or downloading of any materials related to in this Contest.
THIS CONTEST IS VOID WHERE PROHIBITED. Entrants agree that this Contest shall be subject to and governed by the laws of the District of Columbia and the forum for any dispute shall be in the District of Columbia, United States of America. To the extent permitted by law, the right to litigate, to seek injunctive relief or to make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded and any entrant expressly waives any and all such rights. Certain restrictions may apply. Entries void if the Sponsor determines the photograph to not be an original, or if the entries are illegible, incomplete, inaccessible or blocked, corrupted, damaged, irregular, altered, counterfeit, produced in error or obtained through fraud or theft.
By entering, entrants also agree (a) to be bound by these Official Rules; (b) that the decision of the Judge is final and binding with respect to all matters relating to the Contest; (c) that Authorized Parties may use the entry photographs and each entrant’s name, photograph, likeness, and/or voice in any publicity or advertising relating to the Contest or future promotions without compensation or approval (except where prohibited by law); and (d) that Winner must be willing to post on their personal social media accounts during their Scotland trip and tag Diageo Americas, Inc.’s Johnnie Walker brand social accounts in accordance with the instructions provided by Diageo Americas, Inc.
All federal, state/provincial/territorial, and local taxes, fees and surcharges and taxes (whether foreign or domestic, and including income, sales, and import taxes) on prizes are the sole responsibility of the prize winner. The Grand Prize Winner will be issued an IRS Form W-9 with the Affidavit of Eligibility, a Liability Release, a Publicity Release (where lawful), and a subsequent IRS Form 1099. In the event that the selected winner is ineligible, cannot be traced or does not respond within ten (10) days to a winner notification as required by the "Contest Prizes" Rules above, or refuses the prize, the prize will be forfeited and Sponsor, in its sole discretion, may choose whether to award the prize to another entrant.
The Sponsor reserves the right to verify the validity and originality of any entry and/or entrant (including an entrant's identity and address) and to disqualify any entrant who submits an entry that is not in accordance with these Official Rules or who tampers with the entry process. Failure by the Sponsor to enforce any of its rights at any stage does not constitute a waiver of those rights.
RIGHT TO CANCEL OR SUSPEND CONTEST
If for any reason the Contest is not capable of running as planned, due to infection by computer virus, bugs, worms, trojan horses, denial of service attacks, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of NGS that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, NGS reserves the right, at its sole discretion, to disqualify any individual(s) who tamper with the entry process, and/or to cancel, terminate, modify, or suspend the Contest. If Sponsor elects to cancel or terminate the Contest, Sponsor will not retain any rights in the submitted photographs.
Entrants are responsible for complying with these Official Rules. Winner's name will be available online at http://yourshot.nationalgeographic.com/assignments/the-walk or NatGeoYourShot.com/TheWalk on or about January 16, 2015.
Entrants agree that personal data, especially name and address, may be processed, shared, and otherwise used for the purposes and within the context of the Contest and any other purposes outlined in these Official Rules. The data may also be used by the Sponsor in order to verify the participant's identity, postal address, and telephone number or to otherwise verify the participant's eligibility to participate in the Contest. Participants have the right to access,
review, rectify, or cancel any personal data held by Sponsor by writing to Sponsor at 1145 17th Street N.W., Washington, D.C. 20036-4688. Personal data will be used by Sponsor and its affiliates exclusively for the purposes stated herein.
NOTICE TO INDIVIDUALS: REMOVAL FROM MAILING LIST: Any individual (or other duly authorized person) may elect to exclude the name and address of that individual from all lists used by National Geographic Society to mail skill contests or sweepstakes. To elect to have an individual's name excluded from all such lists, submit a removal request in writing to: National Geographic Society, 1145 17th Street N.W., Washington, D.C. 20036-4688. This notification system may be used to prohibit mailing of all skill contests or sweepstakes by National Geographic Society to such individual.
THIS CONTEST IS NOT SPONSORED BY DIAGEO AMERICAS, INC.