Photograph by Grant Ordelheide/Aurora
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
PROMOTION DESCRIPTION: The “My Adventure of the Year Instagram Photo Contest” Promotion (the “Promotion”) begins on or about January 7, 2016 at 12:00 p.m. Eastern Standard Time (“EST”) and ends on January 31, 2016 at 11:59 p.m. EST (the “Contest Period”). By participating in the Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of National Geographic Society, 1145 17th Street NW, Washington, DC, 20036, (“Sponsor”) which shall be final and binding in all respects.
ELIGIBILITY: Only legal residents of the fifty (50) United States and the District of Columbia who are twenty one (21) years of age or older at the time of entry are eligible to enter. Officers, directors and employees of Sponsor, and its parents, subsidiaries, affiliates, members, distributors, retailers, sales representatives, advertising and promotion agencies (all such individuals and entities referred to collectively as the “Promotion Entities”), and each of their immediate family members and/or people living in the same household are NOT eligible to enter the Promotion or win a prize. This Promotion is void where prohibited. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Twitter, Instagram or Facebook.
WINNER SELECTION AND NOTIFICATION: At the end of the Contest Period, A National Geographic Adventure Photo Editor and four designated guest judges (collectively, the “Judges”) will judge all eligible Submissions on the following criteria: Execution of Theme (40%), Creativity & Originality (30%) and Photographic Quality (30%). The Judges will select one (1) Grand Prize Winner (the “Winner”), and such determination shall be final and binding. Sponsor may make changes regarding eligibility or ineligibility and are subject to change at Sponsor’s discretion. In the event of a tie between two Submissions, Sponsor will select the winning Submission in its sole discretion. To notify the potential Instagram winner, Sponsor will post a comment on the potential winner’s Photo including Sponsor’s contact information. Sponsor is not responsible for communication problems of any kind. Sponsor shall have no liability for any Grand Prize Winner notification that is lost, intercepted or not received by the potential Grand Prize Winner for any reason. If a potential prize winner does not respond within ten (10) of the first notification attempt, or if the notification is returned as unclaimed or undeliverable to any potential prize Winner, such potential prize winner will forfeit his or her potential prize and an alternate prize winner may be selected. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason, such potential prize winner will be disqualified and the next highest scoring entrant may be selected.
One (1) Grand Prize: One (1) Grand Prize (the “Grand Prize Winner”) is available. The Grand Prize Winner will receive a trip to Patagonia on a National Geographic Expedition’s “Hiking Patagonia” Adventure for Grand Prize Winner and one (1) guest. The prize includes roundtrip economy class air transportation for winner and guest from the major commercial airport nearest the Grand Prize Winner’s primary residence to Punta Arenas, Chile; internal air transfer between El Calafate, Argentina to Buenos Aires, Argentina; double occupancy standard hotel accommodations for 14 days/13 nights; select meals included; and excursions as indicated in the itinerary on the website (http://www.nationalgeographicexpeditions.com/expeditions/hiking-patagonia/detail). Grand Prize Winner and guest must complete booking form before April 2016 and must complete the trip before April 2017. This trip is physically challenging (rated moderate to strenuous) and the Grand Prize Winner and guest will need to be evaluated to determine if they are in good health and physically capable of completing the trip. Actual value may vary depending on winner’s residence. No cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute prize of comparable value if the prize listed is unavailable for any reason. Prize may not be extended, transferred or refunded. Certain travel restrictions, conditions and limitations may apply. Any stated difference between the approximate value and actual value of the Grand Prize or any substituted prize will not be awarded. Winner and guest (who must be 21 or older) must travel on the same itinerary. Grand Prize Winner and guest must have a valid passport and at least one (1) major credit card in good standing. Hotels may require a credit card or cash deposit upon check-in. All costs and expenses not specifically listed herein, including but not limited to, gratuities, taxes, visas, travel insurance, immunizations, souvenirs, hotel services and any other incidentals not mentioned herein are the sole responsibility of the Grand Prize Winner. The approximate retail value (“ARV”) of the Grand Prize is Six Thousand Seven Hundred Ninety Five Dollars ($6,795.00).
By accepting the Grand Prize, the winner and his/her guest represent that they understand that travel, whether by plane, automobile, or other conveyance, or by foot, and in the air, contains some inherent element of risk of accident, illness, injury, loss or death, which may be caused by negligence, forces of nature, or other agencies, known or unknown. The Grand Prize Winner and his/her guest represent that they recognize that such risks may be present at any time before, during and after the trip. In order to be considered the winner and utilize this trip, the winner and his/her guest must be willing to accept the risk, and to confirm their acceptance to such risk in writing at Sponsor’s request.
GENERAL PRIZE CONDITIONS: No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prize listed is unavailable, in whole or in part, for any reason. Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. All portions of the prize(s) are non-assignable and non-transferable. Any prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Promotion materials are for illustrative purposes only. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion. The Grand Prize Winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Prize winners may be required to execute an Affidavit of Eligibility, a Liability Release and, where imposing such condition is legal, a Publicity Release (collectively, “Prize Claim Documents”). If any potential winner fails or refuses to sign and return all Prize Claim Documents within the time specified by Sponsor, the winner may be disqualified and an alternate winner may be selected.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Promotion. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
PUBLICITY RELEASE: By participating in the Promotion, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in or winner of the Promotion, each entrant (and any minor entrant’s parent or legal guardian) irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, likeness, biographical information and Submission, and any individual(s) participating therein, in any and all media for any purpose, including without limitation, advertising and promotional purposes as well as in, on or in connection with the Promotion or other promotions, and hereby release the Promotion Entities from any liability with respect thereto.
GRANT OF RIGHTS: For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each entrant into the Promotion (and his or her parent or legal guardian, if the entrant is a minor) hereby irrevocably grants Sponsor, its successors and assigns, a non-exclusive license (but not the obligation) to reproduce, stream, exploit and otherwise use the Submission throughout the universe, in perpetuity, for any reason whatsoever in any and all media, throughout the universe in perpetuity, without further notice to, consent by, or payment to entrant. Without in any way limiting the foregoing, Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. Sponsor shall have the right to freely assign its rights hereunder, in whole or in part, to any person or entity. Sponsor shall retain the rights granted in each Submission even if the Submission is disqualified or fails to meet the Submission Requirements.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each person who enters this Promotion (and his or her parent or legal guardian, if the entrant is a minor) represents and warrants as follows: (i) the Submission is the entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Submission does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (iv) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant hereby agrees to indemnify and hold the Promotion Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entrants agree that the Promotion Entities and Instagram (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Promotion or any Promotion-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by accessing the Website or otherwise participating in the Promotion, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Promotion or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Promotion, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Promotion if it determines, in its sole discretion, that the Promotion is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Promotion as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Promotion as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend or terminate the Promotion. If the Promotion is terminated for Force Majeure before the designated end date, Sponsor will (if possible) select the prize winners based on points accumulated as of the date of the event giving rise to the termination. Only the type and quantity of prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
DATES & DEADLINES/ANTICIPATED NUMBER OF CONTESTANTS: Because of the unique nature and scope of the Promotion, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Promotion. Sponsor cannot accurately predict the number of entrants who will participate in the Promotion.
NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Submission to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Submission for any reason, with or without legal justification or excuse, and contestants shall not be entitled to any damages or other relief by reason thereof.
FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor’s request therefor.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE PROMOTION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
ARBITRATION PROVISION: By participating in this Promotion, each entrant (and any minor entrant’s parent or legal guardian) agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Promotion Entities relating to, arising out of or connected in any way with (a) the Promotion, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Los Angeles, California; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Promotion; (v) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on entrant’s behalf, subject to ultimate allocation by the arbitrator; (ix) if the entrant 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 entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of 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, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
WINNER’S LIST/OFFICIAL RULES: To obtain a copy of any legally-required winners list or a copy of these Official Rules, send a self-addressed stamped envelope to: “My Adventure of the Year Photo Contest Promotion, c/o Adrian Coakley at 1145 17th St., NW Washington, DC 20036. All such requests must be received within six (6) weeks after the end of the Contest Period. These Official Rules will be posted on the Website during the Promotion Period.
© 2016 National Geographic Adventure. All Rights Reserved.
ABBREVIATED DISCLOSURES FOR ADVERTISING & MARKETING MATERIALS:
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. Contests begins on or about January 7, 2016 at 12:00 p.m. EST and ends on January 31, 2016 at 11:59 p.m. EST. Must be 21 or older. See Official Rules at ngadventure.com/myadvofyear for complete information, including entry periods, additional eligibility restrictions, prize descriptions/restrictions/ARVs and complete details. Void where prohibited. Sponsored by National Geographic Society, 1145 17th Street NW, Washington, DC, 20036.
Top National Geographic Adventures Trips
A coast-to-coast bicycle ride is just one of our favorite 10 classic adventures.