#AmtrakHoliday Social Media Photo Contest Terms & Conditions
#AmtrakHolidayContest Social Media Photo Contest (“Contest”)
Entry Terms and Conditions (“Official Rules”)
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
THIS CONTEST IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON AMTRAK’S WEBSITE AND/OR SOCIAL MEDIA CHANNELS, IN AMTRAK’S DISCRETION.
1. Who Can Enter: The Contest is open to legal residents of the forty-eight (48) contiguous United States and the District of Columbia, who are at least eighteen (18) years of age (or the age of majority in the jurisdiction of his or her residence, whichever is older), as of the date of submission of their Entry (“Entrant(s)”). Entries will NOT be accepted from persons who are legal residents of Alaska or Hawaii. Employees, contractors, directors and officers of Amtrak, its parent, affiliates, subsidiaries, distributors, sales representatives, retailers, and advertising and all other service agencies involved with the Contest, and members of the immediate family (spouse, parent, child, sibling and their respective spouse), and household of each such employee are not eligible to participate.
2. How to Enter: The Contest shall begin at 10:00 a.m. ET on December 13, 2018 and end at 11:59 p.m. ET on December 25, 2018 (“Contest Period”). To enter the Contest, take a holiday-themed Amtrak photo that complies with the Content Guidelines set forth below. Then, during the Contest Period, log into your Facebook, Instagram, or Twitter account and post the photo to your applicable Facebook, Instagram, or Twitter newsfeed along with the designated hashtags #AmtrakHolidayContest. Following the foregoing instructions will grant you one (1) entry into the Contest (“Entry”). Only post your photo one (1) time. Posting your photo on multiple platforms will not grant you more than one Entry or increase your chances of winning. During the Contest Period, ensure that the Entry post or your newsfeed is set to “public,” as applicable, so your Entry may be seen by Amtrak. Limit: one (1) Entry per person. Entrants may not enter with multiple social media accounts nor may Entrants use any other device or artifice to register multiple times or as multiple Entrants. Any Entrant who attempts to enter under multiple identities or uses any device or artifice to enter multiple times will be disqualified and forfeits any and all prizes won, in Amtrak’s discretion.
Entries must be submitted only by a single individual. No Entries by groups, clubs, businesses, or organizations will be accepted; joint Entries will not be accepted. Automated entries are not permitted. Submission of an Entry grants Amtrak and its agents the irrevocable right to publish, use, adapt, edit and/or modify such Entry in any way, in any and all media, without limitation, and without consideration or notification to the Entrant.
3. Content Guidelines:In addition to complying with all other requirements of these Official Rules, each Entry must comply with the following guidelines (“Content Guidelines”). If an Entry is in violation of the Content Guidelines as determined by Amtrak in its sole discretion, the Entry may be disqualified and will NOT be reviewed. Amtrak reserves the right to waive the Content Guidelines set forth herein in its reasonable discretion.
Each Entry must:
a. Include reference to the holidays and/or winter season (photos of Amtrak trains and/or stations are highly encouraged); and
b. Be the original work of the Entrant.
Each Entry must not:
a. Have won previous awards and may not have been published previously;
b. 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 or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
c. Contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
d. Disparage, defame, or misrepresent Amtrak, its agencies, or any other person or entity affiliated with the Contest or products, services or entities that are competitive with any of the foregoing;
e. Contain brand names or trademarks of any third party other than those owned by or licensed to Amtrak in the work produced for Amtrak;
f. Contain content not created by the Entrant;
g. Contain content that is misleading, inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
h. Contain content 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);
i. Communicate messages or images inconsistent with the positive images and/or goodwill to which Amtrak wishes to associate;
j. Contain content that is unlawful or in violation of or contrary to any applicable federal or state laws or regulations; and
k. Contain content that advocates violent, reckless, irresponsible or otherwise unhealthy behavior.
Amtrak 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 an Entry; such right and license will automatically expire without further act of any party upon December 25th, 2018 at 11:59 p.m. ET. Any other use of Amtrak’s trademarks will be a violation of Amtrak’s intellectual property rights. Amtrak’s trademarks cannot be modified, adapted, or edited by Entrant; the preceding only excludes modifications due to technological limitations or malfunctions.
Amtrak reserves the right, in its reasonable discretion, during or upon completion of the Contest Period, to request that any Entrant resubmit his or her Entry which fails to comply with the Contest entry requirements prior to any judging. Entrant understands and agrees that Amtrak 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, “Amtrak Creative”); and, such Amtrak Creative may be competitive with, similar to, or even identical to the Entry submitted by Entrant; and Entrant acknowledges and agrees that Amtrak 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 Amtrak Creative by Amtrak and/or its designees and licensees, all of which liability, if any, Entrant hereby expressly and irrevocably waives, releases and discharges. By submitting an Entry, you agree that your submission is gratuitous and made without restriction, and will not place Amtrak under any obligation, that Amtrak is free to disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Entry, Amtrak does not waive any rights to use similar or related ideas previously known to Amtrak, or developed by its employees, or obtained from sources other than you. If you think that any Entry infringes your intellectual property rights, click here if you wish to report it https://www.amtrak.com/planning-booking/policies/web-notices-terms-of-use.html. By submitting an Entry you warrant and represent that it: (a) is your original work; (b) has not been previously published; (c) has not won previous awards; (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (e) that publication of the Entry via various media, including Web posting, will not infringe on the rights of any third party rights. Entrant will indemnify and hold harmless Amtrak from any claims to the contrary. Any Entrant whose work includes likenesses of third parties or contains elements not owned by the Entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Amtrak’s use of such Entry, in a form satisfactory to Amtrak, upon request, prior to award of prize and/or naming of Entrant as a winner.
4. Release of Liability: BY SUBMITTING AN ENTRY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE (i) TO RELEASE AMTRAK, ITS PARENT, SUBSIDIARY OR AFFILIATED COMPANIES, AND ADVERTISING AND PROMOTIONAL AGENCIES, CONTRACTORS AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES as well as Instagram; Facebook, INC; and Twitter, Inc. (COLLECTIVELY, THE “RELEASEES” OR “RELEASED PARTIES”), FROM ANY AND ALL CLAIMS AND LIABILITIES, LOSS OR DAMAGE ARISING FROM OR RELATING TO YOUR SUBMISSION OF AN ENTRY AND/OR ACCEPTANCE, RECEIPT, POSSESSION, USE OR MISUSE OF A PRIZE; (b) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
5. Review of Submissions: Entries will be reviewed on a rolling basis until the end of the Contest Period by a panel consisting of designated representatives of Amtrak ( “Judging Panel”). The Judging Panel will initially evaluate Entries based on the following criteria: inclusion of Amtrak elements and reference to the holiday and/or winter season. Entries submitted after the Contest Period will not be accepted. The Judging Panel’s decision is final in all matters relating to this Contest. The judges will select twelve (12) Entries that most closely represent the foregoing criteria as potential winners.
6. Notification to Winner(s): Potential winners will be notified via direct message on Facebook, Instagram, or Twitter, as applicable. Failure to respond to Amtrak’s direct message within three (3) business days or inability by Amtrak to send message notification after three (3) attempts will result in potential winner’s disqualification. Potential winners are subject to verification, including verification of age. If a potential winner is found not to be eligible or not in compliance with these Official Rules, or if prize notification or any prize is returned as undeliverable, the potential winner will be disqualified. In the event that a potential winner is disqualified for any reason, Amtrak reserves the right to award a prize to an alternate Entrant based on next highest score, even if the disqualified potential winner’s name may have been publicly announced. Potential winners must provide their full mailing address to Amtrak in order to receive the prize. Once the prize is shipped, Amtrak relinquishes all responsibility for the prize. Each winner assumes any inherent or unforeseen damages associated with shipping, including lost or stolen items. Amtrak is not responsible for any change of email address, mailing address and/or telephone number of Entrants.
7. Prize, Approximate Retail Values (“ARV”):
Prize, twelve (12) Total:
a. six (6) winners will receive: One (1) Dunkin’ gift card with a value of $100;
b. six (6) winners will receive: One (1) Amtrak “swag bag,” which includes:
|Auto Train Canvas Bag||$ 15.00|
|Microfiber Handkerchief||$ 4.00|
|Luggage Tag||$ 7.00|
|Coffee Thermos||$ 15.00|
|Amtrak Pin||$ 7.00|
|Glasses green||$ 4.00|
|Drawstring bag||$ 7.00|
|Kids Retro Watch||$ 12.00|
|Portable charger||$ 10.00|
|Acela Stress Train||$ 10.00|
|Magnet (Bottle opener)||$ 6.00|
|Kid’s Engineer Hat||$ 12.00|
Total ARV of each prize: $100 – gift card; $127 – swag bag. Total ARV of all prizes: [$1,362]. Prizes will be awarded to winners at random. Prizes are non-transferable and no cash equivalent or substitution of prize is offered, except at the sole discretion of Amtrak. ARV may be as of date of printing of these Official Rules. The difference in value of prizes as stated herein and value at time of prize notification or delivery, if any, will not be awarded. Gift cards are subject to issuer’s terms and conditions. Please see gift card for additional details. If a prize, or any portion thereof, cannot be awarded for any reason, Amtrak reserves the right to substitute prize with another prize of equal or greater value. Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether it, in whole or in part, are used. Following winner verification, please allow 3-6 weeks for shipping.
8. Additional Conditions: Void in AK, HI, and where prohibited by law. Amtrak, its agencies and contractors are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by a user or by any of the equipment or programming associated with or utilized in the intake or submission of Entries or by any human error which may occur in the processing of Entries or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in submitting Entries. Amtrak reserves the right, at its sole discretion, to modify or suspend this Contest or any portion hereof. Amtrak reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the Entry process, or who violates the Official Rules. Amtrak’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If, for any reason, the entry process is not capable of being implemented as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Amtrak which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Entry process, then Amtrak reserves the right at its sole discretion to cease accepting Entries altogether, to suspend accepting Entries for a certain period of time or to otherwise accept Entries in a modified manner as determined by Amtrak in its sole discretion and which is fair, appropriate and in compliance with these Official Rules. Should multiple users of the same Facebook, Instagram, or Twitter account enter the Contest and a dispute thereafter arise regarding the identity of the Entrant, the Authorized Account Holder of the Facebook, Instagram, or Twitter account at the time of entry will be considered the Entrant. “Authorized Account Holder” is defined as the natural person who’s e-mail address was used to create the Facebook, Instagram, or Twitter account and who was assigned the e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address.
9. Indemnification: YOU AGREE TO INDEMNIFY AND HOLD AMTRAK, ITS SUBSIDIARIES, AND AFFILIATES, CONTRACTORS AND EACH OF THEIR RESPECTIVE MEMBERS, EMPLOYEES, AGENTS, ATTORNEYS AND/OR OTHER PARTNERS, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES, COSTS AND SETTLEMENT COSTS), DAMAGES, SUITS, COSTS, DEMANDS AND/OR JUDGMENTS WHATSOEVER, DUE TO OR ARISING OUT OF: (A) YOUR SUBMISSION OF AN ENTRY OR USE OF THE WEBSITE; (B) YOUR BREACH OF THESE OFFICIAL RULES; AND/OR (C) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER INDIVIDUAL OR ENTITY. THE PROVISIONS OF THIS SECTION ARE FOR THE BENEFIT OF AMTRAK, ITS SUBSIDIARIES AND/OR AFFILIATES, AND EACH OF THEIR RESPECTIVE MEMBERS, EMPLOYEES, AGENTS, ATTORNEYS AND/OR OTHER PARTNERS. EACH OF THESE INDIVIDUALS AND ENTITIES SHALL HAVE THE RIGHT TO ASSERT AND ENFORCE THESE PROVISIONS DIRECTLY AGAINST YOU ON ITS BEHALF.
11. Publicity: Except where prohibited, participation in the Contest constitutes a winner’s consent to Amtrak’s and its agents’ use of such winner’s name, likeness, Entry, photograph, voice, opinions and/or hometown and state for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
12. Disputes: Any controversy or claim arising out of or relating to the Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply the law of the District of Columbia consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Amtrak shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE CONTEST, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
13. Winners List:For a list of the names of winners (if any), send an email to email@example.com with “#AmtrakHolidayContest Photo Contest Award” in the subject line. All such requests must be received by February 28, 2018.
14. Sponsor: This Contest is sponsored by National Railroad Passenger Corporation, 1 Massachusetts Avenue, N.W., Suite 635, Washington DC, 20001 (“Amtrak”).