Windows Phone Official Rules
#Amtrak #WindowsPhone Sweepstakes
February 2, 2014
To participate in this Sweepstakes, you must agree to and abide by these Official Rules.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
1. Sponsor: The National Railroad Passenger Corporation, commonly known as Amtrak, 60 Massachusetts Avenue, N.E., Washington, DC 20002 (“Sponsor”).
2. Administrator: LeadDog Marketing Group, Inc. (“Administrator”), 440 West 9th Ave, 17th Floor, New York, NY 10001.
3. Eligibility: The “#Amtrak #WindowsPhone Sweepstakes” (“Sweepstakes) is open only to legal residents of the 50 United States and the District of Columbia, who are 18 years of age or older (or the age of majority in the jurisdiction of their residence, whichever is older) as of the date of entry. Employees of Sponsor, Administrator, Microsoft Corporation (“Microsoft”), and their subsidiaries, promotion and advertising agencies, immediate family members of any such individuals (spouse, parent, child, sibling and their respective spouses, regardless of where they live), or persons living in the same households of such individuals, whether or not related, are not eligible to enter or win a prize.
4. Sweepstakes Schedule: The Sweepstakes begins on or about 9:00:00 a.m. Eastern Time ("ET") on 2/3/14 and ends at 11:59:59 p.m. ET on 3/3/14 (“Promotion Period”). The Promotion Period consists of four (4) separate and distinct Sweepstakes Periods as set forth in the chart below (each, a “Sweepstakes Period”). Administrator's computer is the official clock for this Sweepstakes.
Begin Date & Time
End Date & Time
Sweepstakes Period #1
9:00:00 am ET on 2/3/14
11:59:59 pm ET on 2/10/14
Sweepstakes Period #2
12:00:00 am ET on 2/11/14
11:59:59 pm ET on 2/17/14
Sweepstakes Period #3
12:00:00 am ET on 2/18/14
11:59:59 pm ET on 2/24/14
Sweepstakes Period #4
12:00:00 am ET on 2/25/14
11:59:59 pm ET on 3/3/14
5. How to Enter:
During the Promotion Period, follow Amtrak on Instagram and post a photo on Instagram of yourself at an Amtrak train station or of the landscape outside an Amtrak train, containing the hashtags #Amtrak #WindowsPhone. You may include a comment with your photo, but this is not required. (Nor will the inclusion of a comment in any way enhance your odds of winning a prize.) If you do add a comment, all use of the word “photo” (as used in conjunction with entries made via Instagram as per this section) includes the accompanying comment as well.
BY SUBMITTING A PHOTO ALONG WITH THE HASHTAGS #Amtrak & #WindowsPhone, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND FULLY AGREE TO THESE OFFICIAL RULES. DO NOT SUBMIT A PHOTO WITHOUT FIRST REVIEWING THESE OFFICIAL RULES.
Your photo along with the hashtags #Amtrak #WindowsPhone will constitute your entry into this Sweepstakes (“Entry”).
Partial or incomplete/piecemeal submissions (e.g., posting a photo without the hashtags #Amtrak #WindowsPhone) will NOT BE ACCEPTED.
Photo must be created for the sole purpose of this Sweepstakes (DO NOT COPY OTHERS’ WORKS, IN WHOLE OR IN PART. YOU MUST ALSO COMPLY WITH THE CONTENT GUIDELINES BELOW AND OTHER TERMS HEREIN). DO NOT INCLUDE OR REFERENCE ANYBODY OTHER THAN YOURSELF IN THE PHOTO/COMMENT (AS APPLICABLE). Do NOT include personal information (e.g., your name, e-mail address or phone numbers) in the photo or comment; if photo/comment contains personal information, it is your sole responsibility to remove all such personal information from the photo/comment before uploading the photo/comment to your Instagram account for the Sweepstakes. Photo/comment must comply with these Official Rules in all respects, including without limitation, the Content Guidelines below. For the avoidance of doubt, as used in the preceding paragraph, “photo” refers specifically to the photograph component of an entry and “comment” refers to the accompanying caption.
To be eligible for the Sweepstakes, photos must be submitted in compliance with the format and other requirements set forth on Instagram; such requirements being made a part of these Official Rules and incorporated herein by reference.
Once submitted, Entry becomes the sole property of Sponsor (subject only to the rights of Instagram), cannot be modified by Entrant. By submitting a photo, Entrant gives permission (and warrants and represents that he/she has obtained all rights necessary to give such permission and grant the license herein described, including from the photographer if other than Entrant) to Sponsor and its designees and hereby grants Sponsor and its designees a royalty-free, irrevocable, perpetual, worldwide, sub-licensable, non-exclusive license (herein “License”) to use Entrant’s photograph, name, likeness and all other information about the Entrant contained in the photo on any media and through any means now known or hereafter devised, including without limitation, the World Wide Web, and to otherwise use Entrant's photograph, name, likeness and all other information about Entrant in the photo, and make derivative works therefrom, without compensation in accordance with the requirements of this Sweepstakes and the advertising, promotion, and publicity of the Sweepstakes, Sponsor’s products and services, and otherwise, as stated in these Official Rules (as solely determined by Sponsor). Such License will be confirmed by potential winner upon Sponsor’s request and potential winner agrees to timely complete, sign and deliver any and all necessary documents, including without limitation, documents setting forth any licenses, releases and indemnities that Sponsor in its sole discretion may require, without condition or compensation of any kind, as well as to use his/her best efforts to facilitate Sponsor’s procurement of similar confirming documents from the photographer if other than the potential winner. Sponsor’s failure to receive all documentation from all individuals within the prescribed timeframe, in each instance as required by Sponsor in its sole discretion, will result in the disqualification of the Entry and the selection of another Entry as a potential winner.
Limit one (1) Entry per person per Sweepstakes Period during the Promotion Period. You may only use one (1) Instagram account to participate in the Sweepstakes. Multiple Entries in violation of the preceding limitation and/or mass entry attempts will result in disqualification of all Entries by such person/Instagram account. Entries must be manually key-stroked by the Entrant; use of automated entry devices or programs, or entries by third parties by any method of entry, are prohibited. Entries that do not conform to or that violate these Official Rules or are submitted in any manner other than stated in these Official Rules will be disqualified. Sponsor and Administrator will not be responsible for late, lost, incomplete or misdirected entries. Proof of submission of Entry does not constitute proof of receipt of same. All Entries must be posted on Instagram in their entirety prior to expiration of Promotion Period. By entering this Sweepstakes, Entrants agree to these Official Rules and the decisions of the Administrator and Sponsor, which are binding and final in all matters relating to this Sweepstakes.
All Instagram photos must comply with the applicable policies of Instagram available at the Instagram Website/platform. Important note: If your Instagram account is set to "protected mode," or “private” your updates/responses may not be visible in Sponsor's @Amtrak timeline and may not thus be received by Sponsor unless you previously consented to permit @Amtrak to see your Instagram updates (as applicable).
If you enter via Instagram (only available via participating wireless carriers), data rates may apply for each message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes. Mobile device service may not be available in all areas. Check your phone's capabilities for specific instructions.
You further agree not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from using the Sweepstakes. Submission of an entry is acknowledgement of and agreement to be bound by all terms and conditions of this Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL AND/OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
6. Content Guidelines: In addition to complying with all other requirements of these Official Rules and/or on the website/platform where persons may submit entries/photos (i.e., Instagram); each photo/comment must comply with the following guidelines (“Content Guidelines”). Any photo/comment that Sponsor/Administrator, in their sole discretion, determines is in violation of any Content Guideline will be disqualified. Each entry/photo/tweet must not:
- Contain content, image(s) or material that violates or infringes any third party rights of any kind, including without limitation, any third party privacy, publicity, trade secret and/or intellectual property rights, including third party registered and/or common law copyrights and trademarks;
- Disparage Sponsor, Administrator, any other person or entity affiliated with the Sweepstakes or products, services or entities that are competitive with any of the foregoing;
- Contain brand names, trademarks or logos of any third party other than those owned by Sponsor, subject to the photo complying with all other requirements of these Official Rules (including these Content Guidelines) and/or on the Website/Platform where persons may submit entries/photos (i.e., Instagram); Entrant has a limited, non-exclusive, revocable license to use Sponsor’s trademarks solely and only to incorporate them in his/her photo submitted in this Sweepstakes*;
- Contain content, images, artwork or other creative elements not created by and original to Entrant;
- Contain content, images or other material that is misleading, inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
- Contain content, images or other material that reflects, advocates or promotes bigotry, racism, hatred, harm or exploitation of or against any class, group or individual, discrimination based on race, gender, religion, nationality, disability, sexual orientation or age, or actions or activities that are restricted, prohibited, illegal or unlawful (including without limitation, the consumption of alcohol or any other controlled substances);
- Contain content, images or other material that is unlawful or in violation of or contrary to any applicable federal or state laws or regulations;
- Contain content that advocates violent, reckless, irresponsible or otherwise unhealthy behavior;
- Have been previously submitted in a promotion of any kind, or published, posted, exhibited or displayed publicly for commercial use by any means and in any form or media.
In addition to the foregoing, the photo file cannot:
- Contain executable programming of any kind, including without limitation, viruses, worms, Trojan horses, spyware, malware, time bombs, Easter eggs, cancel bots or any kind of malicious or benign computer programming whatsoever; and
- Contain encrypted content of any kind, including without limitation, encoded messages.
If a file and/or photo cannot be opened, viewed and/or accessed by Sponsor or Administrator for any reason whatsoever, that file and/or photo shall be disqualified without any fault or liability of the Released Parties, as defined below.
*Sponsor grants to each qualified Entrant a limited, non-transferable, non-exclusive, non-sublicensable, revocable right to use its trademarks solely for purposes of and limited to including them in the photos submitted in this Sweepstakes; such right and license will automatically expire without further act of any party at the expiration of the Promotion Period, unless specifically extended on an individual basis by Sponsor in writing in its sole discretion. Any other use of Sponsor’s trademarks will be a violation of Sponsor’s intellectual property rights. Sponsor’s trademarks cannot be modified, adapted, or edited by Entrant; the preceding only excludes modifications due to technological limitations or malfunctions.
Entrant understands and agrees that Sponsor has wide access to ideas, stories and other literary, artistic and creative materials submitted to it from outside sources or developed by its own employees and agents (together, “Sponsor Creative”); and, such Sponsor Creative may be competitive with, similar to (or even identical to) the Sweepstakes Photos created and disseminated by entrants; and, Sponsor shall have no liability to entrant or any third party in respect to or in connection with the development, use, sale and/or commercial exploitation of all or any portion of Sponsor Creative by Sponsor and/or its designees and licensees, all of which liability, if any, entrant hereby expressly and irrevocably waives, releases and discharges.
7. Grant of Rights: By entering and if a winner (by accepting prize), winner grants Sponsor and its licensees and assigns the right to use his/her name, voice, likeness and biographical information, for programming, advertising, and promotional purposes, in any manner in any media and/or technologies throughout the world in perpetuity without further compensation.
8. Release and Limitation of Liability: By entering the Sweepstakes, YOU agree to release, discharge and hold harmless Sponsor, Administrator, MICROSOFT, INSTAGRAM, LLC, Facebook, INC., and each of their respective related, parent, subsidiary or affiliated companies, advertising and promotional agencies and prize suppliers, and each of their respective officers, directors, employees, agents and representatives (collectively, the “Releasees”), from any and all claims and liabilities arising from or relating to YOUR participation in the Sweepstakes or any Sweepstakes-related activity and/or YOUR acceptance, use, or misuse of any prize. By entering, YOU further agree that the Releasees have not made any warranty, representation or guarantee, express or implied, in fact or law, with respect to any prize, including without limitation, to such prize’s quality or fitness for a particular purpose.
9. Random Drawings/Selection of Winners and Odds: Potential prize winners will be selected in random drawings on or about the subsequent Wednesday following each Sweepstakes Period end date (as described in the Sweepstakes Periods chart above) from among all eligible entries received for that Sweepstakes Period. To be eligible for any Sweepstakes Period the entry must be received and recorded by the Administrator’s computer by the end date of that Sweepstakes Period. All non-winning entries for a given Sweepstakes Period will NOT be carried forward to subsequent Sweepstakes Periods. Drawings will be conducted by LeadDog Marketing Group, an independent judging organization/Administrator whose decisions are final and binding on all matters related to the Sweepstakes.
Odds of winning are dependent upon the number of entries received during each Sweepstakes Period.
10. Prizes, Approximate Retail Values (“ARV”):
Grand Prize (4 winners, 1 winner per Sweepstakes Period): Grand Prize winner will receive one (1) Microsoft Windows Phone (exact model of phone to be determined solely at Sponsor’s discretion). ARV of each Grand Prize: $610.00.
Limit of one (1) prize per family, per household, or per address.
Winners are not entitled to exchange or transfer prizes or to obtain cash (except where required by law) or other substitutes. All taxes are the sole responsibility of the Winners. For any prize with a fair market value equal to or excess of $600, Sponsor will issue the winner a 1099 Tax Form with the winner’s receipt of the prize being reported to the Internal Revenue Service.
11. Winner Notification and Redemption: Potential winners will be contacted by direct message from the Amtrak Instagram account on or about the subsequent Wednesday following each Sweepstakes Period end date (as described in the Sweepstakes Periods chart above). You MUST follow Amtrak on Instagram to be notified. The message will request that the potential winner e-mail the Sponsor at the specified e-mail address with specific personal information (ex: full name, address, phone number, e-mail address, date of birth, Instagram username). Failure to respond to the initial verification notification within twenty-four (24) hours after notification or return of e-mail notification as undeliverable after three (3) attempts will result in disqualification. Potential winners may be required to sign and return within three (3) business days an Affidavit of Eligibility, Release and Indemnification, and a Publicity Release where allowed by law. If the Affidavit of Eligibility, Release and Indemnification and Publicity Release is not returned to Sponsor within specified time period, or, if for any prize, potential winner cannot be contacted for any reason, such potential winner will be disqualified and an alternate winner selected from all remaining eligible entries received during the applicable Sweepstakes Period. In the event of any dispute concerning the identity of any entrant, the Entry will be deemed submitted by the natural person who is the authorized account holder of the transmitting e-mail account with the Instagram User ID used to participate in the Promotion. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
Sponsor and its agencies are not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind, including but not limited to electronic malfunction or damage of any network, hardware or software. If for any reason the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures beyond Sponsor’s control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to terminate, modify or suspend the Sweepstakes. In such event, Sponsor reserves the right to conduct the Sweepstakes and award the prize(s) for any affected drawing(s) by means of a random drawing comprised of all eligible entries received for the affected drawing(s) prior to and/or after (as appropriate) the action taken by Sponsor or otherwise award the prize(s) for such affected drawing(s) in a manner which is fair, appropriate and consistent with these Official Rules, as determined by Sponsor in its sole discretion. Notice of termination/modification/suspension of Sweepstakes will be posted on the Sponsor’s Instagram account. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or loss, destruction or unauthorized access to, or alteration of, entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or electronic entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to Entrant's or any other person's computer/mobile device related to or resulting from participation in or downloading any materials from this Sweepstakes.
12. Governing Law: The Sweepstakes is subject to all federal, state and local laws. Void where prohibited by law. US law governs the Sweepstakes. Any and all disputes will be resolved in the appropriate courts of the District of Columbia in the United States, according to the laws of the District of Columbia. Any conflict of laws will be resolved in favor of the laws of the District of Columbia.
13. Names of Prize Winners: For the names of prize winners, send an email to email@example.com with “#Amtrak #WindowsPhone Sweepstakes Winners” in the subject line. All such requests must be received by 9:00am ET on 3/31/14.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook.