Discovery Communications – Red, White and You – Win a 4th July Celebration for your hometown including a fireworks display valued at $50,000 approx
DESTINATION AMERICA AND USA TODAY
“RED, WHITE AND YOU” CONTEST
OFFERED ONLY TO LEGAL RESIDENTS OF THE 48 CONTIGUOUS UNITED STATES AND THE DISTRICT OF COLUMBIA (“CONTINENTAL U.S.”), AND OPEN ONLY TO LEGAL RESIDENTS OF THE CONTINENTAL U.S. WHO ARE 18 YEARS OF AGE OR OLDER. VOID IN ALASKA AND HAWAII AND WHERE PROHIBITED.
Please read these Official Rules carefully. They contain important information about your rights and obligations, as well as limitations and exclusions that may apply to you if you enter the Destination America and USA Today “Red, White and You” Contest (“Contest”). By entering the Contest, you signify your agreement to these Official Rules and the decisions of the Sponsor and Promotion Administrator. If you do not agree to the Official Rules, you may not enter in the contest.
1. ELIGIBILITY: Open to legal residents of the continental U.S. who are 18 years of age or older at time of entry. Employees, officers and directors of Discovery Communications, LLC (“Sponsor”), its promotional partner USA Today, Gannett Company Inc., Promotion Mechanics, Inc. (“Promotion Administrator”), their parent companies, subsidiaries, affiliates, TV production partners, advertising agencies, promotional suppliers and the immediate family members (spouses and parents, children and siblings and their spouses, regardless of where they live) or members of the same households (whether related or not) of such employees, officers and directors (collectively, “Contest Entities”) are not eligible. All applicable federal, state, and local rules apply. Void in Alaska, Hawaii, Puerto Rico and U.S. territories and possessions and where prohibited or restricted by law.
2. CONTEST DESCRIPTION: The Contest provides entrants an opportunity to write an essay of 150 words or less which describes why their town deserves to win a Fourth of July celebration (“Entry”). Entrants will have the option of submitting an original photo of their town, but doing so is not required for entry. The Entries will be judged according to the process and criteria set forth in Section 8; photos will not be judged. Please note: prize will be awarded to winning entrant’s town (defined as the municipality in which the entrant resides). Entrants are entering on behalf of their town and not in an individual capacity.
3. CONTEST TIMING:
Entry Submission Period: The Entry Submission Period will begin at 12:01 AM Eastern Time (“ET”) on February 22, 2016, and ends at 11:59 PM ET on April 3, 2016.
Winner Notification: Potential winner will be contacted on or about May 1, 2016.
Winner Announcement: Winning town will be announced during the month of June 2016.
4. TO SUBMIT AN ENTRY: Visit the Contest page at www.destinationamerica.com/fourthofjuly during the Contest Period, complete the online entry form, and follow the instructions to submit your essay. If you wish, you may also submit an original photo of your town, but the photo will not be judged nor will it be used to determine the winner of the Contest. Directions on how to upload the photo will be included on the entry page. The photo may be in color or black and white, must be only in GIF (.gif) or JPEG (.jpg) format and may not exceed a file size of 4 megabytes. Files exceeding the maximum size will not be accepted. Photo must be the property of the entrant; entrant must know the names and addresses of all identifiable persons in the photo and must have permission from those persons to submit the photo.
Entries must be received by Sponsor’s server by 11:59 PM ET on April 3, 2016. Refer to Section 5 for more details regarding the requirements for your Entry. You may enter more than once, however each Entry must be different and must comply with these Official Rules. Duplicate Entries will be void. For the avoidance of doubt, entrant must own or have the right to convey any and all right, title and interest in and to the Entry. Submitting an Entry that is copyrighted by another individual will make you responsible for any legal action the legal copyright holder might take against you.
5. ADDITIONAL REQUIREMENTS FOR ENTRIES: Entry essays must be submitted in English and may not contain any personal identification information, such as names, e-mail addresses or street addresses. Any elements that appear in the Entry, including, without limitation, company names and logos, must be entirely original, created by the entrant, or be in the public domain. Use of any elements that are not original or in the public domain will result in disqualification of an Entry, in Sponsor’s sole discretion. Entries that do not include all required information and do not adhere to the foregoing and following requirements will be considered void and will not be considered in the judging of this Contest. Sponsor reserves the right in its sole discretion to disqualify any Entry at any time which, in the Sponsor’s reasonable opinion [a] is deemed to be immoral, obscene, profane, defamatory or not in keeping with Sponsor’s image; [b] describes dangerous conduct, stunts or tricks that could lead to physical injury or property damage; [c] endangers the safety or well being of any person; [d] contains any third party materials or otherwise violates or infringes (or may infringe) on any copyright, trademark, logo or other proprietary right of any person living or deceased; [e] defames or invades the privacy or publicity rights of any person, living or deceased; or [f] is in violation of these Official Rules.
6. ENTRANT’S REPRESENTATIONS: By submitting an Entry, you represent and warrant that [a] you are the creator of the Entry, [b] the Entry is wholly original, [c] the Entry is true and verifiable, [d] the Entry does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, and does not defame any person or identify any person by name or other identifying information, [e] the Entry has not previously been entered in any other contest, [f] the Entry has not been previously published in any medium, [g] the Entry does not violate any law or regulation, [h] you own all rights to your Entry (including, without limitation, any copyrights contained therein), [i] you agree to waive any claim for reimbursement for any equipment or materials necessary to submit an Entry regardless of whether or not that Entry is selected for any prize. Sponsor’s determination as to whether any Entry potentially violates the rights of any third party is final.
7. SPONSOR’S RIGHTS TO ENTRIES: Entries become the property of Sponsor and will not be acknowledged or returned. By submitting an Entry, you grant the Sponsor (including USA Today and Gannett Company, Inc.) and its affiliated companies the unconditional and perpetual right and permission to copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use the Entry (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party. By submitting an Entry, you forever waive any rights of copyrights, trademark rights, patent rights, privacy rights, and any other legal or moral rights in the Entry that may preclude the Contest Entities’ use of the Entry, or require your permission for the Contest Entities to use the Entry. By submitting an Entry, you further agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against any Contest Entity, or any other person, on the grounds that any use of the Entry, or any derivative works, infringe any of your rights, including, without limitation, copyrights, or moral rights. You further acknowledge that the Sponsor is in no way obligated to broadcast, publish or use your Entry in any way. Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and the Sponsor. In no way are you to be construed as the agent or to be acting as the agent of the Sponsor.
8. JUDGING: All Entries will first be screened to ensure they meet the entry criteria. Then, a panel of judges selected by the Sponsor will score qualifying Entries using the following Judging Criteria, weighted equally: [a] Originality, [b] Content, [c] Relevance to the Contest theme, and [d] Sincerity. The judges will rank all eligible Entries received.
The twenty-five (25) highest scoring Entries will proceed to the final judging round, in which a panel of judges selected by the Sponsor will determine the Grand Prize winner based on which Entry in their opinion give the most compelling reason why their town deserves a Fourth of July celebration. The highest scoring Entry will be deemed the Grand Prize winner. In the event of a tie at any level, the Originality score will be used as a tiebreaker. The decisions of Sponsor and Judges are final and binding in all matters.
Notwithstanding any other provision of these Official Rules, if at any time during the Contest Period, the Sponsor determines that not enough or no eligible entrants exist from which to determine the winner, then Sponsor may in its sole and exclusive discretion determine that not enough or no eligible contestants exist, and then may either suspend or terminate the Contest or modify it (or any parts thereof) in any equitable manner that Sponsor deems appropriate in its sole and exclusive discretion, including, without limitation, by not awarding the prize set forth in these Official Rules.
9. PRIZE: One (1) Grand Prize: a Fourth of July celebration (including a fireworks display) in the winner’s town valued at approximately $50,000. The Sponsor will work with the winning town to determine a suitable location in or near the winner’s town where the fireworks display can be held. If it is determined by the Sponsor, in its sole discretion, that there is no suitable location for the fireworks display in or near winner’s town, or the winning town does not otherwise qualify for the fireworks display, the Sponsor may elect, at its sole discretion, to award the prize to the next-highest scoring Entry.
Prize is not transferable or redeemable for cash (except as noted above) and must be accepted as awarded. No other substitutions may be made, except by the Sponsor, who reserves the right to substitute a prize (or component thereof) with another prize (or component thereof) of comparable or greater value if the prize is not available for any reason as determined by the Sponsor in its sole discretion.
The winning town is solely responsible for all applicable federal, state, and local taxes and for any expenses, costs or fees associated with acceptance and/or use of the prize not specified herein as being included.
10. WINNER NOTIFICATION: On or about May 1, 2016, the potential winning entrant and his/her town will be notified by phone, email, postal mail and/or express mail, and will be required to complete prize acceptance paperwork. If notification documents are returned as non-deliverable, if a winning entrant and/or his/her town is found to be ineligible or not in compliance with these Official Rules, does not respond within the time period specified or cannot accept the terms and conditions of being a winner, the next highest scored entrant will be notified and the same process will be followed. Any failure to timely complete and return the properly signed affidavit and releases or other prize documentation, return of any prize/prize notification as undeliverable, failure to comply with any requirement of these Official Rules, or inability of Sponsor to contact a potential winner, may result in the prize being forfeited and awarded to the entrant whose Entry received the next highest score, pending verification of eligibility.
11. GENERAL CONDITIONS: In the event that any entrant is age 18 or older (as is required for entry) but has not yet reached the age of majority in his/her state of residence, such entrant’s parent agrees to all conditions of these Official Rules on behalf of such entrant, and further agrees to co-sign any required documents if such entrant is chosen as a potential winner. In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: [a] suspend or modify the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; [b] award prize according to the Judging Criteria from among the eligible Entries received up to the time of the impairment; or [c] to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. Any questionable activity that increases votes for a submission will result in disqualification or similar action. Sponsor reserves the right, in its sole discretion, to disqualify any participant who is suspected of tampering with the submission, voting or selection process. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of any discrepancy between these Official Rules, abbreviated versions or Contest-related advertising or disclosures, these Official Rules shall prevail.
12. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Contest, entrants agree to release and hold harmless the Sponsor, its parent, subsidiary and related companies, other companies associated with the promotion and operation of the Contest, and the respective officers, directors, employees, and agents of each (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use/misuse of any prize, including, but not limited to: [a] unauthorized human intervention in the Contest; [b] technical errors related to computers, servers, providers, or telephone or network lines; [c] printing errors or any errors made in the advertisement of the Contest; [d] lost, late, illegible, incomplete, misdirected, damaged, destroyed or mutilated Entries, or for errors, omissions, interruptions, deletions, defects, delays in operations or transmissions, theft, destruction, unauthorized access to or alterations of Entry materials or failures in transmission of Entries; [e] errors in the administration of the Contest or the processing of Entries; [f] 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 of any prize; or [g] lost, late, postage-due, misdirected, or undeliverable mail. Entrant shall not receive any compensation or credit for use of an Entry other than that disclosed in these Official Rules. Entrants further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorney’s fees. Entrants waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Without limiting the foregoing, the Contest, all prizes, and all materials provided on or through any Contest website are provided “as is” without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
13. INDEMNITY: By submitting an Entry, you agree to indemnify and hold the Released Parties harmless from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against any of the Released Parties due to or arising out of your Entry, or your conduct in creating an Entry or otherwise in connection with this Contest, including but not limited to: claims for trademark infringement; copyright infringement; violation of an individual’s right of publicity or right of privacy; or defamation.
14. PUBLICITY: By submitting an Entry, you grant to Sponsor and its affiliated companies (including USA Today, Gannett Company, Inc.) the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), voice, biographical information, Entry and written or oral statements, for advertising and promotional purposes in promoting or publicizing Sponsor, its affiliated companies, and the products or services of each, in any and all media without limitation as to time or territory, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), biographical information, or Entry.
16. DISPUTES: Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Maryland. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Maryland, without giving effect to any choice of law or conflict of law rules (whether of the State of Maryland or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Maryland.
17. RULES/WINNER LIST: For a copy of these Official Rules or for a winner list (please specify), mail a self-addressed, stamped envelope to be received by July 31, 2016, to: “Red, White and You” Contest Rules or Winner List, PMI Station, PO Box 750, Southbury, CT 06488-0750
Sponsor: Discovery Communications, LLC, One Discovery Place, Silver Spring, MD 20910.
Promotion Administrator: Promotion Mechanics, Inc., 87 South Main Street, Newtown, CT 06470.
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