Official Terms | Amtrakgram 2014
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED BY LAW.
1. Safety First: As always, Amtrak reminds you to stay out of danger—stay away from tracks and the railroad right-of-way. Do not trespass on railroad property or on private property adjacent to the railroad. Do not climb or approach railroad structures, towers, or wires. Stay in public access areas, and away from railroad structures and moving equipment — in stations, on sidewalks, or in parking lots. All participants expressly release Amtrak from all liability for personal injury and loss or damage to personal property, and expressly assume the risk of harm. Remember, tracks, trestles, yards and equipment are private property—trespassers are subject to arrest and fines.
2. Contest: The Contestant who submits the most original, Amtrak train travel related photo or video suitable for Amtrak promotional purposes will receive a $200 Amtrak Travel Voucher. Three runners up will each receive a $75 Amtrak Travel Voucher.
3. Eligibility: This Contest is open only to legal residents of the 48 contiguous United States, age 13 or over as of date of entry. Any individuals who have, within six months prior to start date of the Contest, performed services for Amtrak or any of its advertising or promotional agencies, and immediate family members and household members of such individuals are not eligible to participate or win. Void where prohibited by law.
4. Sponsor: The Sponsor of this Contest is the National Railroad Passenger Corporation, commonly known as Amtrak, 60 Massachusetts Ave. N.E., Washington, D.C. 20002 (“Sponsor”).
5. Contest Entry:
I. Submission of Entry:
To enter, you must be a member of Instagram. If you do not have an Instagram account, you can sign up for one here for free: http://Instagram.com/
During the Entry Period, upload a photo or video (“Entry Materials”) involving Amtrak train travel to your Instagram page with the hashtag, #Amtrakgram. Entry Period begins on or about 12:00:01 a.m. U.S. Eastern Time (“ET”) on July 14, 2014 and ends at 11:59:59 p.m. ET on August 10, 2014. All entries must be entered before the end of the Entry Period.
II. Entry Requirements:
i. Must be Amtrak train travel related.
ii. Must be suitable for a family audience and not contain any nudity, profanity, offensive content, or depict acts of violence, or illegal or harmful acts, as determined in Sponsor’s sole discretion.
iii. Must not depict Amtrak or train travel negatively.
iv. If entry is a video, video must be fifteen (15) seconds or less in length.
v. Must not include personal information (e.g., your name, e-mail address or phone numbers).
vi. Must not be plagiarized or depict any brands or logos except for those of Amtrak.
vii. The Entrant must own all rights to the Entry Materials, including copyright. If a winning entry includes a recognizable image of an individual other than Entrant, the winner must have that individual sign an Amtrak publicity release form. If such person is a minor, the written consent of the minor’s parent/legal guardian is required.
6. Judging: After the Entry Period, a panel of Amtrak representatives (collectively, “Judging Panel”) will select one (1) winner and three (3) runners up from all eligible entries received. Judging will be based on the following criteria: 34% – originality/creativity, 33% – relevance to Amtrak train travel, and 33% – suitability for promotional purposes. In the event of a tie, tied Entrants will be re-judged by the Judges based 100% on originality/creativity of Entry. Judges’ decisions are final.
8. Prize Description and Approximate Retail Value (“ARV”):
One (1) Grand Prize Winner: $200 Amtrak Travel Voucher
Three (3) Second Prize Winners: $75 Amtrak Travel Voucher
Total Retail Value of all prizes: $425 ARV
Limit of one (1) prize per family/household/address. The prize cannot be bartered, transferred, or sold, but the prize and prize components may be substituted for any reason at the discretion of the Sponsor. The winner will be solely responsible for all applicable federal, state, and/or local taxes, and for any fees or costs associated with the prize awarded. Prize will only be delivered to an address in the United States.
All travel on Amtrak is subject to Amtrak Conditions of Carriage/Terms of Transportation. Vouchers must be used within one year of receipt. Travel is subject to availability. No transfer, assignment, change of prize, or cash substitutions permitted. Other reasonable restrictions may apply.
9. Winner Notification: Potential winners (or if a minor, his/her parent or legal guardian) will be notified through Instagram on or about August 18, 2014, and asked to contact Amtrak through e-mail. Failure to respond to the verification Instagram comment within three (3) business days after notification will result in disqualification. Potential winners (or if a minor, his/her parent or legal guardian) 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 are not returned to Amtrak 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 Entry Period as per Rule 6 above.
If, for any reason, this Contest 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 this Contest, then the Sponsor reserves the right at its sole discretion to cancel this Contest and determine the winners from among all eligible Entries received prior to cancellation, based on the same criteria listed above.
10. Sponsor’s Rights in Entry Materials: By entering this Contest, Entrant agrees that he or she will grant to Amtrak a royalty-free, irrevocable, perpetual, worldwide, sublicensable, non-exclusive license to use Entry Materials, and/or parts thereof, and likeness of any identifiable person contained in the Entry Materials for promotional or other purposes. Entrant agrees to execute and have executed any required documents in furtherance of such grant of rights. Entrant represents that he or she has secured the necessary permissions and releases of any such persons appearing or described in the Entry Materials, and represents that use of the Entry Materials will not violate any right of privacy or publicity of any individuals. Without limiting the foregoing and except to the extent where prohibited by law, Entrant grants the Sponsor the right to use his or her name and city and state of residence in connection with this Contest.
This Contest is in no way sponsored by Instagram or Facebook. Entrants understand they are providing their information to Amtrak and not to Instagram or Facebook.
11. Indemnification and Release of Liability: The Entrant agrees to indemnify Amtrak and its promotional and advertising agencies against any and all claims, expenses (including reasonable attorneys’ fees, costs and settlement costs), and/or judgments whatsoever, due to or arising out of: (a) his or her participation in this Contest; (b) his or her breach of these Official Rules and/or (c) his or her violation of any rights of another individual or entity.
Entrant agrees to release Amtrak from all liability for injury, damage to or loss of personal property, and all other losses, and expressly agrees to bear all responsibility for and to assume the risk of all harm arising from or relating to the Entrant’s participation in this Contest or any Contest-related activity and/or the Entrant’s acceptance, use, or misuse of any prize.
12. Governing Law and Jurisdiction: Any and all disputes will be resolved in the federal 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. Winners List: For the names of the prize winners, e-mail firstname.lastname@example.org with the subject “#Amtrakgram Contest Winner List” after August 18, 2014. Requests received after September 11, 2014 will not be honored.