“Cayman Islands #Engage14” Contest
This Contest is governed exclusively by the laws of the United States
1. How to Enter. To enter the “Cayman Islands #Engage14” Contest (“Contest”) during the Entry Period (defined below), post an entry from your Twitter account, your Instagram account or your Facebook account. The post must include the hashtag #Engage14. Entries that do not include the Hashtag will not be eligible to win the prize. Entry and all information submitted in connection therewith shall be referred to as the “Submission.” Submissions must comply with the Guidelines and Restrictions (defined below).
In order to enter the Contest, you need either a Twitter, Instagram or Facebook account. If you do not have a Twitter account, create one by visiting www.twitter.com. Twitter accounts are free. If you do not have a Facebook account, create one by visiting www.facebook.com. If you do not have the Instagram application, you may download it through the application store on your mobile device. If entering a Submission via your mobile device, you may incur data charges from your wireless service provider. Please consult your wireless service provider regarding its pricing plans.
To enter via Instagram, you must follow @VisitCaymanIslands. To enter via Twitter, you must become a follower of @Cayman_Islands.To enter via Facebook, you must post your Submission with the Hashtag to the Cayman Islands Department of Tourism’s Facebook page facebook.com/visitcaymanislands. Submissions submitted to the entrant’s personal timeline will not be eligible to enter or win.
All entries must comply with any and all Facebook, Twitter and Instagram terms, guidelines and policies. This Contest is not sponsored,endorsed or administered by Facebook, Twitter or Instagram. All information submitted by entrants in connection with this Contest is being submitted to Sponsor, not Facebook,Twitter or Instagram. To the extent of any conflict between these Official Rules and any such terms, guidelines or policies, these Official Rules will apply.
By entering, each entrant warrants and represents the following with respect to entrant’s Submission: (a) entrant is the sole and exclusive owner of the Submission; (b) the Submission is entrant’s own creation; (c) the Submission will not infringe on any rights of any third parties; and (d) any third parties appearing in the Submission have given entrant appropriate consent to be depicted and used as permitted herein. Sponsor reserves the right to request releases from any third parties appearing in any Submissions at any time. Failure to produce third party releases upon Sponsor’s request may result in disqualification, as determined by Sponsor is its sole and absolute discretion.
Providing a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable,perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis (including without limitation via Sponsor’s social media channels), in perpetuity, and to incorporate it into other works, in any form,media or technology now known or later developed, for any purpose whatsoever,including for promotional or marketing purposes.
No automated entry devices, programmed; robotic or similar means of entry are permitted. All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Proof of submission will not be deemed to be proof of receipt by Sponsor. No facsimile, mechanically reproduced,altered or forged entries permitted.
Sponsor assumes no responsibility for computer system, hardware, software or program malfunctions or other errors, failures, delayed computer transactions or network connections that are human or technical in nature, or for damaged,lost, late, illegible, stolen, incomplete, invalid, unintelligible or misdirected entries; technical, hardware, software, electronic or telephone failures of any kind; lost or unavailable network connections; fraudulent,incomplete, garbled or delayed computer transmissions whether caused by Sponsor, the entrants, or by any of the equipment or programming associated with or utilized in this Contest; or by any technical or human error that may occur in the processing of submissions or downloading, that may limit, delay or prevent an entrant’s ability to participate in the Contest.
2. Agreement to Official Terms and Conditions. Sponsor’s decisions are final and binding in all matters relating to this Contest, including, but not limited to,interpretation and application of these Official Rules. By participating in this Contest, entrants agree to abide by these Official Rules. Any entrant or winner who violates these Official Rules is subject to disqualification at any time at Sponsor’s sole discretion.
3. Entry Period. You may enter a Submission between 9:00 AM Eastern Time (“ET”) November 17, 2014 and 4:00PM ET November 19,2014 (“Entry Period”).
4. Eligibility. Participation is open to all persons, who have reached the age of majority in their country of residence as of date of entry. Entrants are subject to all federal, state and local laws, rules and regulations. Void where prohibited,taxed or restricted by law. Employees,officers and directors of Sponsor and its affiliates, partners, advertising and Contest agencies, any agencies involved with administering the Contest,manufacturers or distributors of Contest materials and their immediate families(parents, children, siblings, spouse, grandparents, grandchildren) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter.
5. Submission Guidelines and Content Restrictions. By entering, each entrant agrees that entrant’s Submission conforms to the Submission Guidelines and Content Restrictions as defined below(collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove any Submission and disqualify an entrant from the Contest if it believes, in its sole discretion, that the entrant’s Submission fails to conform to the Guidelines and Restrictions.
Submission Guidelines and Content Restrictions:
- The Submission must not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
- The Submission must not depict or reference a vacation destination other than the Cayman Islands (though it does not have to reference or depict the Cayman Islands);The Submission must not disparage Sponsor or any other person or party; The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious,defamatory, slanderous or libelous;
- The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion,nationality, disability, sexual orientation or age;
- The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations of the United States or of any jurisdiction where Submission is created;
- The Submission must be consistent with the image and values of Sponsor and be consistent with and satisfy the purpose of the Contest;
- Submissions must adhere to the applicable Facebook, Twitter and Instagram policies.
Each entrant acknowledges that other entrants may have used ideas and/or concepts in their Submission that maybe similar in idea or concept to what is included in entrant’s Submission. Each entrant understands and agrees that he/she shall not have any claim against any other entrant or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity.
6. Prize. A randomly select winner will receive a select art piece from Native Sons. Winner will be solely responsible for obtaining valid identification relating to acceptance and use of the travel prize packages. Limit one (1) prize per household. No transfer, refund,substitution or replacement of prize permitted, except that the Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value (or cash equivalent). Any portion of the prize not accepted or unclaimed and/or unused by winner will be forfeited. If due to a printing, production or other error, more prizes are claimed than are intended to be awarded, the intended prize will be awarded in a random drawing from among all verified and validated prize claims received. No more than the stated number of prizes will be awarded.
7. Notification. Potential winner will be notified by direct message after the random drawing by a Sponsor representative via the social media account provided to Sponsor at the time of entry and may be required to sign and return, where legal, an Affidavit of Eligibility and Liability/Publicity Release(“Affidavit”) within five (5) days of prize notification. If any potential winner cannot be contacted within five (5) calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if any potential winner rejects his/her prize or in the event of noncompliance with these Official Rules and requirements, such prize will be forfeited and an alternate potential winner may be selected from all remaining eligible entries.Upon prize forfeiture, no compensation will be given.
8. Conditions. All federal, state and local taxes are the sole responsibility of each winner. Participation in Contest constitutes entrants’ permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture,portrait, voice, biographical information and/or any statements regarding the Contest and/or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law.
9. Additional Terms. In case of dispute as to the identity of any entrant, entry will be declared made by the authorized account holder of the email address associated with the Twitter or Instagram account used to submit the Submission. Any potential winner may be requested to provide Sponsor with proof that such winner is the authorized account holder of the Facebook, Twitter or Instagram account associated with the winning entry.
Sponsor, Facebook, Twitter, Instagram and/or their respective parent companies,subsidiaries, affiliates, partners, representatives, agents, suppliers,distributors, advertising and promotional agencies, Contest administrators,successors, assigns, employees, officers and directors (collectively “Contest Entities”) are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability,unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) which may limit one’s ability to enter the Contest, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in connection with this Contest. Sponsor is not responsible if Contest cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather, acts of terrorism or any other causes beyond Sponsor’s reasonable control.
Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify,extend or suspend this Contest should virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In such case, Sponsor may select the winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or any related website or application. Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating,hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.
CAUTION:ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OFCRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORRESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENTPERMITTED BY LAW.
10. Limitation of Liability; Disclaimer of Warranties. ENTRANTS, WINNERS AND GUESTS AGREE TO RELEASE AND HOLD HARMLESS THE CONTEST ENTITIES FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH, PREPARATION FOR, TRAVEL TO, OR PARTICIPATION IN CONTEST, OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF PRIZE OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY AND FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, MISAPPROPRIATION,FALSE ASSOCIATION, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT OR ANY OTHER INTELLECTUAL PROPERTY-RELATED CAUSE OF ACTION, BREACH OF CONTRACT, AND/OR MERCHANDISE DELIVERY. ENTRANTS AGREE THAT THE CONTEST ENTITIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE CONTEST, AND DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES OR APPLICATIONS ASSOCIATED WITH THE CONTEST.
WITHOUT LIMITING THE FOREGOING, THIS CONTEST, AND THE PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AS PERMITTED BY LAW. THE CONTEST ENTITIES ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL OR OTHER ERROR IN THE PRINTING OF THE OFFER OR ADMINISTRATION OF THE CONTEST OR THESE OFFICIAL TERMS AND CONDITIONS OR IN THE ANNOUNCEMENT OF ANY PRIZE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE CONTEST ENTITIES SHALL NOT BE LIABLE FOR ANY INABILITY ON THE PART OF THE WINNER OF A PRIZE TO TRAVEL AS SCHEDULED DUE TO WEATHER CONDITIONS, FIRE, NATURAL DISASTER, INDUSTRIAL OR LABOR DISPUTE, WAR,TERRORIST ACTIVITY, HOSTILITIES, POLITICAL UNREST, RIOTS, CIVIL COMMOTION, OR ANY OTHER CIRCUMSTANCES BEYOND THE CONTROL OF THE CONTEST ENTITIES.
11. Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, City of New York.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York. The parties agree not to raise the defense of forum non conveniens.
13. Winner’s Name. To obtain the winner’s name and/or a copy of these Official Rules, send an email by January15, 2015 to email@example.com with the subject line: #Engage14.
14. Sponsor. Cayman Islands Department of Tourism, Suite 2720, Empire State Building, 350 Fifth Avenue, New York, NY10018.