Rules
1. QUARK EXPEDITIONS PHOTO COVER CONTEST
2. OFFICIAL RULES. NO PURCHASE NECESSARY NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
3. Eligibility: Quark Expeditions Cover Photo Contest (the “Contest”) is open only to legal residents of North America (exclusive of Quebec, Canada) and the United Kingdom who have attained the age of 21 as of date of entry or vote and who have travelled with Quark Expeditions. Employees of Sponsor and Administrator are not eligible for the Contest. VOID IN QUEBEC AND WHERE PROHIBITED BY LAW. The Contest is subject to all applicable federal, state, provincial, municipal, territorial and local laws.
4. Sponsor: Quark Expeditions, 93 Pilgrim Park, Suite 1, Waterbury, VT 05676 USA
5. Timing: The Contest begins on June 24th and ends on July 20, 2014 9:00 pm. Eastern Standard Time (EST). (the “Contest Period”). The Contest consists of three (3) phases as outlined below.
i. Submission Start Date: June 24th at 5pm , 2014 / Submission End Date: July 20th, 2014
ii. User Voting: June 24, 2014 thru July 20th , 2014
iii. Judging Begins: July 21, 2014
6. How to Enter the Contest: During the Submission Phase visit the Quark Expeditions Facebook Page https://www.facebook.com/QuarkExpeditions# (“Contest Website”), “Like” Quark Expeditions (if you do not already); click on the Contest tab; and complete all required fields of the on-screen registration form, including uploading a photo (“photo”) relevant to polar regions, wildlife found in the polar regions, landscape or your best photo taken while on a Quark Expeditions. Each photo uploaded with receive one (1) entry into contest. If you do not have a Facebook account, and you would like to create one for free, visit http://www.Facebook.com. You can also enter to win on the Quark Expeditions website http://www.quarkexpeditions.com/en/cover-photo-contest.
7. No limit on the # of times a person can uploaded to the contest for consideration for the cover photo. There is however a limit on the number of time someone may votes for their favorite cover photo. Limit of one vote per photo per person and any attempt by any voter to obtain more than one (1) vote per photo per person by using multiple and/or different identities, IP Address, deleting of cookies or any other method to vote multiple time will void all of those votes and that entrant may be disqualified at Sponsor’s discretion.
8. By entering, you understand and agree that your photo in its entirety or any portion thereof may (in Sponsor’s sole discretion) be posted on the Contest Website and published in the Sponsor’s brochure, social media sites, electronic communication and marketing material and will be published on the contest website, for public voting and for unlimited use for the sponsor`s marketing purposes. All photos become the property of Sponsor when submitted and will not be returned to entrant. Entrant must be the only person depicted in the photo, except when entrant has secured the written agreement of any other person depicted on the photo with the present Official Rules. By entering the content, the entrant also certifies that the photos was taken by them and they have the right to provide the photo to Quark Expeditions for their use in marketing materials and make adjustments, editing or cropping as may be required.
9. For Entries, the photo must be in one of the following formats: JPEG, RAW and be at least 2700x3600 @ 300 DPI, and acceptable for printing high quality 9x12 inches and preferred in portrait formal, if a horizontal format, it must be suitable for cropping to fit into a 9X12 high resolution print. Photo must be uploaded in accordance with the Facebook Terms of Use (as applicable) and also in accordance with Quark’s website and Official Contest Rules. All photos must comply with the “Photo Requirements” set forth below. Normal Internet access and usage charges imposed by Entrants’ online service provider will apply. Normal phone/usage/subscription access charges imposed by your phone/device service provider may apply. Standard data and message rates may apply.
10. Photo Requirements:
• The Photo should capture the spirit of adventure and exploration and taken while traveling with Quark Expeditions. The Photo Cover will demonstrate the Quark Expedition experience and is the sponsor-specified theme for the Contest. Photo must a minimum size of 300dpi, 9x12. A short caption with the photos is also recommended.
• If a person other than yourself is depicted at all in the photo, you must secured the written agreement or permission from the other person to have them image appear.
• The Photo must not have been submitted previously in a giveaway or promotion of any kind or previously exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means.
• The photo must not contain content that is known by you to be false, inaccurate or misleading or offensive in any way.
• Any Photo deemed inappropriate or unsuitable, in Sponsor’s sole discretion, will be disqualified and removed from the contest entries (and may be unpublished). Photo must not contain or depict material that is inappropriate, indecent or offensive.
• The photo cannot contain any captions or words.
• The Photo must not contain any content that infringes or may infringe third party rights, including, without limitation, any copyright, name, trademark, logo, trade dress, or other personal or proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity or make reference to any commercial/corporate advertising (including but not limited to corporate logos, brand names, charities, slogans, political, or religious statements), or be otherwise objectionable. .
• Any clothing shown in the Photo should not contain any visible logos, drawings, cartoons, phrases, trademarks or other third-party content or materials , with the exception of a Quark Expeditions official logo). The sponsors have the right to edit out any logo or corporate symbol that they deem to be not acceptable.
11. The Photo must not contain viruses, Trojan horses, worms, bots, spyware or any other computer code that is intended to damage, interfere with, or surreptitiously intercept or expropriate any system, data or information.
12. Finalist may be asked to produce higher resolution image (than was originally uploaded to the contest page) to ensure it is acceptable for printing.
13. Entrants and all submitted photo must be in keeping with Sponsor's image as determined by Sponsor, in its sole discretion, or photo will be disqualified from the Contest and removed or unpublished from the contest pages. The photo must not disparage persons or organizations associated with Sponsor.
14. Each entrant grants to Sponsor a worldwide, royalty-free, perpetual, non-exclusive right and license to copy, distribute, and display each submitted Photo in any media or marketing material and with right to use, copy, modify, edit, and create derivative works therefrom and agrees to execute documents confirming such right and license, at Sponsor’s reasonable request. By entering, each entrant warrants and represents that his/her photo is original, taken while they were traveling with Quark Expeditions, has not been previously published or won any award, does not contain any material that would defame or otherwise violate or infringe upon the rights of any third party, including patents, copyrights, trademarks or rights of privacy or publicity, and will not violate any federal, state or local laws or ordinances. Sponsor reserves the right in its sole and unfettered discretion to disqualify any photo that it believes contains obscene, offensive or inappropriate content, that does not comply with these Official Rules or that is not consistent with the spirit or theme of the Contest.
15. Public Voting to Determine the Winners: During the Voting Phase the twelve (12) finalist photo will be posted to the gallery on the Contest Page for viewing by the general public. Once posted, Sponsor reserves the right to remove a photo in their sole discretion if they find the photo violates these Official Rules in any manner. During the voting states of the contest, visitors will have the opportunity to visit the gallery each day, select their favorite photo from the gallery, and submit one (1) vote for their favorite photo. Limit one (1) vote per person per photo. The photos with the most votes at the end of the Voting Phase will be presented to the judges for the final round of judging and selection of winners. Voters must be 18 years of age or older. Voters must meet the eligibility requirements outlined in Section 1 above. Any attempt by the entrant, and/or their family/friends to vote more than the number of times authorized herein, using any third party proxy voting services, using multiple names or e-mail addresses and/or any other fraudulent mechanism(s), including robotic, automatic, programmed or similar methods, including incentives and sweepstakes for votes not sponsored by Sponsor shall give the Sponsor, in its sole discretion, the right to disqualify the entrant's photo. Normal Internet access and usage charges imposed by voter’s online service will apply and are voters’ sole responsibility. Sponsor is not responsible for lost, late, misdirected, corrupted, incomplete or damaged votes. Proof of submission is not proof of receipt by Sponsor.
16. Judging to Determine the Finalists: During the judging state panel of judges selected by the Sponsor in its sole discretion will select the finalist entries from among all eligible entries, based on the following criteria (“Judging Criteria”). Judges’ decisions are final with respect to all matters relating to the Contest. No information regarding Entries or judging will be disclosed to any third party not involved in the conduct of the Contest.
• Relevance to the Contest Theme: 50%
• Creativity / Originality: 25%
• WOW factor 10%
• Composition and subject matter 15%
17. Prizes and Approximate Retail Value: One (1) Grand Prize will be awarded. The Grand Prize will be a GoPro Camera and accessories. ($500) One (1)Second prize will be awarded. Second Prize will be an iPad Mini.($319) One(1) Third Prize will be awarded. Third Prize will be an Olympus Tough Digital Camera Adventure Kit ($300). All Prizes awarded or any of the above listed components may not be sold, traded, transferred, refunded, substituted, commissioned or redeemed for cash value. The Prize winner(s) understands and agrees that Sponsor and/or prize provider have the right, at their sole discretion, to disqualify and remove the Prize winner from the contest. Grand Prize winning photos may be published on the cover of the Quark Expeditions brochure and it is the sole discretion of the contests sponsor if this will be printed or electronic copy of the brochure. The Contest Sponsor reserve the right to choose a winning photos and then decide not to use the winning image for the cover photos for any reason whatsoever without explanation to the winner (s) and will not be held liable for damage of any kind as result. Actual value of Prizes is approximately and may vary depend on product available at time of contest prize is awarded. Any difference in retail value of the prize provided vs. the estimate value of the prize will not be paid to the winner. Prize will be accepted as award or prize will be considered forfeited. Prize winners must be of legal age of majority in his/her state of residence (and at least 21). The Prize conditions stated herein are not all-inclusive and may be subject to additional restrictions/conditions, which may be stated in the Affidavit (described below). rize winner is solely responsible for all federal, state and local taxes and any other costs, incidentals, and any other expenses associated with Prize acceptance and use not specifically mentioned as being provided, including, but not limited to, unspecified shipping or duty fees required to ship the prize to the winner. Contest sponsors are not responsible for any lost shipment or damage during transportation and any warranty claims are the responsibility of the prize winner. Prize is non-commissionable and no substitutions, transfers, or cash equivalents for the Prize (or prize component) are permitted, except that Sponsor may substitute prize component of equal value for any reason. Prize is non-transferable and no substitution is permitted, except by Sponsor (as defined below) who reserves the right, in its sole discretion, to substitute the prize of equal or greater value, if prize becomes unavailable. All contest winners are required to sign a statement confirming they are the photographer of the prize photo(s) and a release to the contest sponsor in a time-frame specified by the sponsors or prize will be forfeited and another winner may be chosen. PRIZE IS AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
18. General Rules: Potential Prize winners on Facebook and on the contest website will be notified by email and/or phone. Each potential Prize winner will then be required to print out, sign and return via mail/email/ fax an Affidavit of Eligibility and liability/publicity release, Declaration of Compliance or liability/Publicity Release/eligibility confirmation (except where prohibited by law) and an assignment of rights within three (3) days of notification attempt or the prize will be forfeited. Return of any prize or prize notification as undeliverable may result in forfeiture of prize and disqualification and alternate determination in accordance with these Official Rules. The Sponsor and its agencies are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost, not received or unavailable network connections or e-mail, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in the Contest/voting or by any human error which may occur in the processing of the Photo in the Contest or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with the Contest. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the photo/voting process or the operation of the Contest; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Contest/voting 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 shall not constitute a waiver of that provision. If, for any reason, the Contest (or online voting) is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, then the Sponsor reserves the right at its sole discretion to cancel the Contest and determine the Contest winners based 100% on judging from among all eligible Videos received each week prior to cancellation. The prize winner must be able to product proof that they took the photo and also provide a high resolution image that is suitable for large format printing (as determined by the Sponsor’s agency) or may be disqualified.
19. TO THE EXTENT PERMITTED BY LAW, THE SPONSOR, ITS EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, DAMAGES, INJURIES, COSTS AND EXPENSES SUFFERED, SUSTAINED OR INCURRED (INCLUDING BUT NOT LIMITED TO INDIRECT OR CONSEQUENTIAL DAMAGES) AS A RESULT OF, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS CONTEST AND/OR ITS PRIZES. THERE IS NO PURCHASE NECESSARY TO PARTICIPATE.
20. Release: By entering the Contest, each entrant represents and warrants that: (i) all rights to the photo belong to and are original to him/her, or he/she has written consent to use, and the does not and shall not infringe on any copyright, trademark, privacy, publicity, or any other third party right nor violate any applicable law or regulation, (ii) he/she has the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary copyright and other related rights to the photo, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity, (iii) he/she hereby holds the Sponsor and the Released Parties (as defined below) harmless from and against any third party claim arising from use of the photo and waives any right to inspect or approve uses of the photo to be compensated for any such uses. Participating in the Contest constitutes permission to the Sponsor and its agencies to use entrants’ names, biographical information, pictures/portraits, photo, likenesses and/or voices for purposes of advertising and trade without further compensation, unless prohibited by law. (iv) By Entering the contest, the entrance agrees to allow the Sponsors and their agency partners and affiliate to have unlimited use and unlimited rights to uses of the photo in any or all marketing material including electronic communication, printed material or promotional material worldwide for an unlimited amount of time and without compensation. By participating in the Contest, each entrant agrees that Sponsor, Administrator, Facebook, and each of their parent, subsidiaries, affiliated companies, agents, retailers, advertising and promotion agencies, and all of their respective shareholders, officers, directors, employees and assigns, members, representatives and agents (collectively the “Released Parties”), will have no liability whatsoever for, and will be held harmless by entrant for any liability for any bodily injury, loss or damages of any kind to persons, including death, and property, due in whole or in part, directly or indirectly, from Video creation, the acceptance, possession, use or misuse of the prize, if applicable or participation in the Contest/voting or participation in any Contest or related activity. Each entrant hereby represents and warrants that he/she has read these Official Rules and is fully familiar with its contents.
21. PUBLICITY. Except where prohibited, participation in the Contest constitutes each winner’s consent to Sponsor and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration or any right of approval over such uses.
22. ENTRY CONDITIONS AND RELEASE. By entering, each participant agrees to: (a) comply with and be bound by these Rules and the decisions of the Sponsor and/or the Contest judges which are binding and final in all matters relating to this Contest; (b) release and hold harmless the Sponsor and the Promotion Entities and each of their respective parents, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Contest, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and © indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to an entrant’s participation in the Contest and/or entrant’s acceptance, use or misuse of prize.
23. GENERAL CONDITIONS. Sponsor reserves the right to cancel, suspend and/or modify the Contest or any part of it, for any reason or if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. 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 Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately 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 Rules shall not constitute a waiver of that provision.
24. DISPUTES, Each entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, other than those concerning the administration of the Contest or the determination of winner, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate Vermont State Court located in the Montpelier, Vermont; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (iv) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Vermont, without giving effect to any choice of law or conflict of law rules (whether of the State of Vermont or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Vermont.
25. LIMITATIONS OF LIABILITY. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest, provided that if it is not possible to award another entry due to discontinuance of the Contest, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
26. Data Protection/Privacy Policy: By providing this information, you authorize Sponsor and its affiliated companies: to collect, process, use and display the personal identifiable information provided by you for the Contest (your personal data) for any lawful purposes related to the operation of the Contest; to store such information and transfer it to various locations throughout the world (including to the United States); to use such information to provide you from time to time with information about Sponsor’s products, activities and events. Sponsor will not sell or otherwise make available your personal data to third parties for commercial purposes unless you have indicated that you want to received information from the sponsor (opted in). You have a right of access to, modification and withdrawal of your personal data by unsubscribing. You also have the right of opposition to the data collection, under certain circumstances and depending on the applicable laws of your state of residence. To exercise such right, you may write to: Votigo, Inc. 251 Lafayette Circle #330, Lafayette, CA, USA. The data controller and the data recipient is Sponsor.
27. This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook. You understand that you are providing your information to Quark Expeditions and not to Facebook. The information you provide will only be used in connection with this Contest or in connection with promotional or other activities of Quark Expeditions.
2. OFFICIAL RULES. NO PURCHASE NECESSARY NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
3. Eligibility: Quark Expeditions Cover Photo Contest (the “Contest”) is open only to legal residents of North America (exclusive of Quebec, Canada) and the United Kingdom who have attained the age of 21 as of date of entry or vote and who have travelled with Quark Expeditions. Employees of Sponsor and Administrator are not eligible for the Contest. VOID IN QUEBEC AND WHERE PROHIBITED BY LAW. The Contest is subject to all applicable federal, state, provincial, municipal, territorial and local laws.
4. Sponsor: Quark Expeditions, 93 Pilgrim Park, Suite 1, Waterbury, VT 05676 USA
5. Timing: The Contest begins on June 24th and ends on July 20, 2014 9:00 pm. Eastern Standard Time (EST). (the “Contest Period”). The Contest consists of three (3) phases as outlined below.
i. Submission Start Date: June 24th at 5pm , 2014 / Submission End Date: July 20th, 2014
ii. User Voting: June 24, 2014 thru July 20th , 2014
iii. Judging Begins: July 21, 2014
6. How to Enter the Contest: During the Submission Phase visit the Quark Expeditions Facebook Page https://www.facebook.com/QuarkExpeditions# (“Contest Website”), “Like” Quark Expeditions (if you do not already); click on the Contest tab; and complete all required fields of the on-screen registration form, including uploading a photo (“photo”) relevant to polar regions, wildlife found in the polar regions, landscape or your best photo taken while on a Quark Expeditions. Each photo uploaded with receive one (1) entry into contest. If you do not have a Facebook account, and you would like to create one for free, visit http://www.Facebook.com. You can also enter to win on the Quark Expeditions website http://www.quarkexpeditions.com/en/cover-photo-contest.
7. No limit on the # of times a person can uploaded to the contest for consideration for the cover photo. There is however a limit on the number of time someone may votes for their favorite cover photo. Limit of one vote per photo per person and any attempt by any voter to obtain more than one (1) vote per photo per person by using multiple and/or different identities, IP Address, deleting of cookies or any other method to vote multiple time will void all of those votes and that entrant may be disqualified at Sponsor’s discretion.
8. By entering, you understand and agree that your photo in its entirety or any portion thereof may (in Sponsor’s sole discretion) be posted on the Contest Website and published in the Sponsor’s brochure, social media sites, electronic communication and marketing material and will be published on the contest website, for public voting and for unlimited use for the sponsor`s marketing purposes. All photos become the property of Sponsor when submitted and will not be returned to entrant. Entrant must be the only person depicted in the photo, except when entrant has secured the written agreement of any other person depicted on the photo with the present Official Rules. By entering the content, the entrant also certifies that the photos was taken by them and they have the right to provide the photo to Quark Expeditions for their use in marketing materials and make adjustments, editing or cropping as may be required.
9. For Entries, the photo must be in one of the following formats: JPEG, RAW and be at least 2700x3600 @ 300 DPI, and acceptable for printing high quality 9x12 inches and preferred in portrait formal, if a horizontal format, it must be suitable for cropping to fit into a 9X12 high resolution print. Photo must be uploaded in accordance with the Facebook Terms of Use (as applicable) and also in accordance with Quark’s website and Official Contest Rules. All photos must comply with the “Photo Requirements” set forth below. Normal Internet access and usage charges imposed by Entrants’ online service provider will apply. Normal phone/usage/subscription access charges imposed by your phone/device service provider may apply. Standard data and message rates may apply.
10. Photo Requirements:
• The Photo should capture the spirit of adventure and exploration and taken while traveling with Quark Expeditions. The Photo Cover will demonstrate the Quark Expedition experience and is the sponsor-specified theme for the Contest. Photo must a minimum size of 300dpi, 9x12. A short caption with the photos is also recommended.
• If a person other than yourself is depicted at all in the photo, you must secured the written agreement or permission from the other person to have them image appear.
• The Photo must not have been submitted previously in a giveaway or promotion of any kind or previously exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means.
• The photo must not contain content that is known by you to be false, inaccurate or misleading or offensive in any way.
• Any Photo deemed inappropriate or unsuitable, in Sponsor’s sole discretion, will be disqualified and removed from the contest entries (and may be unpublished). Photo must not contain or depict material that is inappropriate, indecent or offensive.
• The photo cannot contain any captions or words.
• The Photo must not contain any content that infringes or may infringe third party rights, including, without limitation, any copyright, name, trademark, logo, trade dress, or other personal or proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity or make reference to any commercial/corporate advertising (including but not limited to corporate logos, brand names, charities, slogans, political, or religious statements), or be otherwise objectionable. .
• Any clothing shown in the Photo should not contain any visible logos, drawings, cartoons, phrases, trademarks or other third-party content or materials , with the exception of a Quark Expeditions official logo). The sponsors have the right to edit out any logo or corporate symbol that they deem to be not acceptable.
11. The Photo must not contain viruses, Trojan horses, worms, bots, spyware or any other computer code that is intended to damage, interfere with, or surreptitiously intercept or expropriate any system, data or information.
12. Finalist may be asked to produce higher resolution image (than was originally uploaded to the contest page) to ensure it is acceptable for printing.
13. Entrants and all submitted photo must be in keeping with Sponsor's image as determined by Sponsor, in its sole discretion, or photo will be disqualified from the Contest and removed or unpublished from the contest pages. The photo must not disparage persons or organizations associated with Sponsor.
14. Each entrant grants to Sponsor a worldwide, royalty-free, perpetual, non-exclusive right and license to copy, distribute, and display each submitted Photo in any media or marketing material and with right to use, copy, modify, edit, and create derivative works therefrom and agrees to execute documents confirming such right and license, at Sponsor’s reasonable request. By entering, each entrant warrants and represents that his/her photo is original, taken while they were traveling with Quark Expeditions, has not been previously published or won any award, does not contain any material that would defame or otherwise violate or infringe upon the rights of any third party, including patents, copyrights, trademarks or rights of privacy or publicity, and will not violate any federal, state or local laws or ordinances. Sponsor reserves the right in its sole and unfettered discretion to disqualify any photo that it believes contains obscene, offensive or inappropriate content, that does not comply with these Official Rules or that is not consistent with the spirit or theme of the Contest.
15. Public Voting to Determine the Winners: During the Voting Phase the twelve (12) finalist photo will be posted to the gallery on the Contest Page for viewing by the general public. Once posted, Sponsor reserves the right to remove a photo in their sole discretion if they find the photo violates these Official Rules in any manner. During the voting states of the contest, visitors will have the opportunity to visit the gallery each day, select their favorite photo from the gallery, and submit one (1) vote for their favorite photo. Limit one (1) vote per person per photo. The photos with the most votes at the end of the Voting Phase will be presented to the judges for the final round of judging and selection of winners. Voters must be 18 years of age or older. Voters must meet the eligibility requirements outlined in Section 1 above. Any attempt by the entrant, and/or their family/friends to vote more than the number of times authorized herein, using any third party proxy voting services, using multiple names or e-mail addresses and/or any other fraudulent mechanism(s), including robotic, automatic, programmed or similar methods, including incentives and sweepstakes for votes not sponsored by Sponsor shall give the Sponsor, in its sole discretion, the right to disqualify the entrant's photo. Normal Internet access and usage charges imposed by voter’s online service will apply and are voters’ sole responsibility. Sponsor is not responsible for lost, late, misdirected, corrupted, incomplete or damaged votes. Proof of submission is not proof of receipt by Sponsor.
16. Judging to Determine the Finalists: During the judging state panel of judges selected by the Sponsor in its sole discretion will select the finalist entries from among all eligible entries, based on the following criteria (“Judging Criteria”). Judges’ decisions are final with respect to all matters relating to the Contest. No information regarding Entries or judging will be disclosed to any third party not involved in the conduct of the Contest.
• Relevance to the Contest Theme: 50%
• Creativity / Originality: 25%
• WOW factor 10%
• Composition and subject matter 15%
17. Prizes and Approximate Retail Value: One (1) Grand Prize will be awarded. The Grand Prize will be a GoPro Camera and accessories. ($500) One (1)Second prize will be awarded. Second Prize will be an iPad Mini.($319) One(1) Third Prize will be awarded. Third Prize will be an Olympus Tough Digital Camera Adventure Kit ($300). All Prizes awarded or any of the above listed components may not be sold, traded, transferred, refunded, substituted, commissioned or redeemed for cash value. The Prize winner(s) understands and agrees that Sponsor and/or prize provider have the right, at their sole discretion, to disqualify and remove the Prize winner from the contest. Grand Prize winning photos may be published on the cover of the Quark Expeditions brochure and it is the sole discretion of the contests sponsor if this will be printed or electronic copy of the brochure. The Contest Sponsor reserve the right to choose a winning photos and then decide not to use the winning image for the cover photos for any reason whatsoever without explanation to the winner (s) and will not be held liable for damage of any kind as result. Actual value of Prizes is approximately and may vary depend on product available at time of contest prize is awarded. Any difference in retail value of the prize provided vs. the estimate value of the prize will not be paid to the winner. Prize will be accepted as award or prize will be considered forfeited. Prize winners must be of legal age of majority in his/her state of residence (and at least 21). The Prize conditions stated herein are not all-inclusive and may be subject to additional restrictions/conditions, which may be stated in the Affidavit (described below). rize winner is solely responsible for all federal, state and local taxes and any other costs, incidentals, and any other expenses associated with Prize acceptance and use not specifically mentioned as being provided, including, but not limited to, unspecified shipping or duty fees required to ship the prize to the winner. Contest sponsors are not responsible for any lost shipment or damage during transportation and any warranty claims are the responsibility of the prize winner. Prize is non-commissionable and no substitutions, transfers, or cash equivalents for the Prize (or prize component) are permitted, except that Sponsor may substitute prize component of equal value for any reason. Prize is non-transferable and no substitution is permitted, except by Sponsor (as defined below) who reserves the right, in its sole discretion, to substitute the prize of equal or greater value, if prize becomes unavailable. All contest winners are required to sign a statement confirming they are the photographer of the prize photo(s) and a release to the contest sponsor in a time-frame specified by the sponsors or prize will be forfeited and another winner may be chosen. PRIZE IS AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
18. General Rules: Potential Prize winners on Facebook and on the contest website will be notified by email and/or phone. Each potential Prize winner will then be required to print out, sign and return via mail/email/ fax an Affidavit of Eligibility and liability/publicity release, Declaration of Compliance or liability/Publicity Release/eligibility confirmation (except where prohibited by law) and an assignment of rights within three (3) days of notification attempt or the prize will be forfeited. Return of any prize or prize notification as undeliverable may result in forfeiture of prize and disqualification and alternate determination in accordance with these Official Rules. The Sponsor and its agencies are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost, not received or unavailable network connections or e-mail, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in the Contest/voting or by any human error which may occur in the processing of the Photo in the Contest or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with the Contest. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the photo/voting process or the operation of the Contest; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Contest/voting 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 shall not constitute a waiver of that provision. If, for any reason, the Contest (or online voting) is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, then the Sponsor reserves the right at its sole discretion to cancel the Contest and determine the Contest winners based 100% on judging from among all eligible Videos received each week prior to cancellation. The prize winner must be able to product proof that they took the photo and also provide a high resolution image that is suitable for large format printing (as determined by the Sponsor’s agency) or may be disqualified.
19. TO THE EXTENT PERMITTED BY LAW, THE SPONSOR, ITS EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, DAMAGES, INJURIES, COSTS AND EXPENSES SUFFERED, SUSTAINED OR INCURRED (INCLUDING BUT NOT LIMITED TO INDIRECT OR CONSEQUENTIAL DAMAGES) AS A RESULT OF, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS CONTEST AND/OR ITS PRIZES. THERE IS NO PURCHASE NECESSARY TO PARTICIPATE.
20. Release: By entering the Contest, each entrant represents and warrants that: (i) all rights to the photo belong to and are original to him/her, or he/she has written consent to use, and the does not and shall not infringe on any copyright, trademark, privacy, publicity, or any other third party right nor violate any applicable law or regulation, (ii) he/she has the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary copyright and other related rights to the photo, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity, (iii) he/she hereby holds the Sponsor and the Released Parties (as defined below) harmless from and against any third party claim arising from use of the photo and waives any right to inspect or approve uses of the photo to be compensated for any such uses. Participating in the Contest constitutes permission to the Sponsor and its agencies to use entrants’ names, biographical information, pictures/portraits, photo, likenesses and/or voices for purposes of advertising and trade without further compensation, unless prohibited by law. (iv) By Entering the contest, the entrance agrees to allow the Sponsors and their agency partners and affiliate to have unlimited use and unlimited rights to uses of the photo in any or all marketing material including electronic communication, printed material or promotional material worldwide for an unlimited amount of time and without compensation. By participating in the Contest, each entrant agrees that Sponsor, Administrator, Facebook, and each of their parent, subsidiaries, affiliated companies, agents, retailers, advertising and promotion agencies, and all of their respective shareholders, officers, directors, employees and assigns, members, representatives and agents (collectively the “Released Parties”), will have no liability whatsoever for, and will be held harmless by entrant for any liability for any bodily injury, loss or damages of any kind to persons, including death, and property, due in whole or in part, directly or indirectly, from Video creation, the acceptance, possession, use or misuse of the prize, if applicable or participation in the Contest/voting or participation in any Contest or related activity. Each entrant hereby represents and warrants that he/she has read these Official Rules and is fully familiar with its contents.
21. PUBLICITY. Except where prohibited, participation in the Contest constitutes each winner’s consent to Sponsor and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration or any right of approval over such uses.
22. ENTRY CONDITIONS AND RELEASE. By entering, each participant agrees to: (a) comply with and be bound by these Rules and the decisions of the Sponsor and/or the Contest judges which are binding and final in all matters relating to this Contest; (b) release and hold harmless the Sponsor and the Promotion Entities and each of their respective parents, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Contest, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and © indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to an entrant’s participation in the Contest and/or entrant’s acceptance, use or misuse of prize.
23. GENERAL CONDITIONS. Sponsor reserves the right to cancel, suspend and/or modify the Contest or any part of it, for any reason or if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. 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 Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately 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 Rules shall not constitute a waiver of that provision.
24. DISPUTES, Each entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, other than those concerning the administration of the Contest or the determination of winner, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate Vermont State Court located in the Montpelier, Vermont; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (iv) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Vermont, without giving effect to any choice of law or conflict of law rules (whether of the State of Vermont or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Vermont.
25. LIMITATIONS OF LIABILITY. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest, provided that if it is not possible to award another entry due to discontinuance of the Contest, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
26. Data Protection/Privacy Policy: By providing this information, you authorize Sponsor and its affiliated companies: to collect, process, use and display the personal identifiable information provided by you for the Contest (your personal data) for any lawful purposes related to the operation of the Contest; to store such information and transfer it to various locations throughout the world (including to the United States); to use such information to provide you from time to time with information about Sponsor’s products, activities and events. Sponsor will not sell or otherwise make available your personal data to third parties for commercial purposes unless you have indicated that you want to received information from the sponsor (opted in). You have a right of access to, modification and withdrawal of your personal data by unsubscribing. You also have the right of opposition to the data collection, under certain circumstances and depending on the applicable laws of your state of residence. To exercise such right, you may write to: Votigo, Inc. 251 Lafayette Circle #330, Lafayette, CA, USA. The data controller and the data recipient is Sponsor.
27. This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook. You understand that you are providing your information to Quark Expeditions and not to Facebook. The information you provide will only be used in connection with this Contest or in connection with promotional or other activities of Quark Expeditions.
