Terms & Conditions
#FabledNorthShore Instagram Contest
Terms & Conditions
Turtle Bay Resort Instagram Contest
1) DESCRIPTION OF THE CONTEST. “Turtle Bay Resort Fabled North Shore Photo Contest” (the “Contest”) is sponsored by Turtle Bay Resort, 57-091 Kamehameha Hwy, Kahuku, Hawaii 96731 (“Sponsor”). The Contest begins at 12:00a.m. Hawaii Standard Time (“HST”) on November 12, 2013 and ends at 11:59p.m. HST on December 20, 2013. Sponsor will select the Contest winners in accordance with the procedures set forth below and will announce the winners on or about December 30, 2013. By participating in the Contest, participants release all rights of submitted photos and videos and photos and videos entered in the contest become property of Turtle Bay Resort. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects.
2) WHO MAY ENTER. The Contest is open to anyone 13 years of age or older at the time of entry. Employees, immediate family members, or those living in the same household of employees, of the Sponsor, vendors at Turtle Bay and Benchmark Properties are not eligible.
3) HOW TO ENTER. To participate in the Contest, you must follow the Sponsor’s Instagram feed at @Turtlebayresort (the “Instagram Feed”), and adhere to the online instructions to submit a photograph taken showing how you enjoy the North Shore of Oahu. Registration with Instagram is required to enter a photograph and enter the Contest. There is no cost to register with Instagram. Entries become the exclusive property of Sponsor and will not be returned or acknowledged. Entrants can submit an unlimited number photos during the contest. If entrant will not be physically at Turtle Bay Resort during the contest period they can use old photos they took of the North Shore of Oahu and/or Turtle Bay.
4) SUBMISSION REQUIREMENTS. Each photograph that is entered into the Contest must meet ALL of the “Submission Requirements” set forth below to be considered (a photograph that meets all such requirements will be referred to as a “Submission”): (i) the photograph must be the submitting entrant’s original, previously unpublished work and not contain any third-party copyrighted material (including without limitation, copyrighted images or footage); (ii) the submitting entrant should be able to provide on request all clearances, permissions and releases for the Submission, including releases from all persons appearing in the photograph, and releases from anyone who assisted in the creation of the photograph (in the event a submitting entrant cannot provide all required releases, Sponsor reserves the right, in the Sponsor’s sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Sponsor’s benefit, or allow the applicable Submission to remain in the Contest); (iii) the photograph may not feature nudity or obscene language or material that is libelous or defamatory. Sponsor reserves the right, in its sole and absolute discretion, to disqualify any Submission that violates the above criteria.
5) WINNER SELECTION. Four judges, each assigned a category will chose the winners. The categories are: Best Water Image, Best Resort Image, Best Adventure Image and Best Music Video/Song about the North Shore. During the submission period one (1) winner will be chosen per week at random to win a Vans Triple Crown of Surfing Shirt. The determination of the four category winners shall be made by Sponsor’s judges in their sole discretion, and such determination shall be final and binding. Sponsor reserves the right to enlist external judges not connected to the Sponsor.
6) PRIZES. Three (3) Overall Category Winners (chosen by judge for each category) Best Water/ Adventure Image (Judged by photographer- TBA) Prize: GoPro Hero3. Best Resort Image (Judged by Turtle Bay VP and GM Dana Holck) Prize: Dinner for two at the North Shore Kula Grille. Best Video (Judged by Martin Guitar) Prize: Martin Ukulele. The winning photos & video will be featured prominently online on the hotel’s Facebook page and website. No cash alternative or prize substitutions will be allowed, except the Sponsor reserves the right to substitute prize(s) of comparable value if the prize listed above is unavailable for any reason. Prize may not be extended, transferred or refunded. Any stated difference between the approximate value and actual value of the Grand Prize or any substitute prize will not be awarded. Odds of winning depend on the number of eligible entries received. Five (5) “Weekly” winners will receive a Vans Triple Crown shirt. One (1) Random winner will receive an adventure for two at Turtle Bay Resort.
7) GENERAL PRIZE CONDITIONS. Prize will be awarded only if the potential winner fully complies with these Official Rules. All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. Winners are responsible for any taxes, additional fees, and gratuities.
8) RULES GOVERNING POTENTIAL WINNERS. The potential Winning Contestants will be notified by a comment placed on their Submission by Sponsor promptly following the winner selection. Winners may be required to execute and return an Affidavit of Eligibility, Liability/Publicity Release (Collectively, the “Prize Claim Documents”) within seven (7) days following the date of attempted notification. If a winner is a minor, at Sponsor’s option, the applicable prize either will be awarded in the name of the parent or legal guardian of such minor winner, or the parent or legal guardian of such minor winner will be required to ratify and sign Prize Claim Documents. If a selected winner (or in the case of a minor, such minor winner’s parent or legal guardian) can not be contacted, is ineligible, fails to claim a prize, and/or fails to return any Affidavit of Eligibility and Liability/Publicity Release (if required), within the applicable time period, Sponsor may elect to disqualify the selected winner, who will then forfeit his or her right to receive the Prize Package. By accepting a prize, the Winning Contestant agrees that Sponsor may, without limitation or further compensation, use his or her name, screen name, voice and/or likeness in any and all media for the purpose of advertising and promoting the Hotel, the Contest, the Program or any other promotion, contest or sweepstakes sponsored by the Promotion Entities.
9) DATES & DEADLINES / ANTICIPATED NUMBER OF CONTESTANTS. Due to the unique nature and scope of the Contest, 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 Contest. Sponsor cannot accurately predict the number of Contestants who will participate in the Contest.
10) OWNERSHIP. By entering your Submission in the Contest, you acknowledge and agree that: (a) Sponsor will own all Submissions entered by you in the Contest or otherwise submitted via email. Each entrant into the Contest hereby irrevocably grants, transfers, sells, assigns and conveys to the Sponsor, its successors and assigns, all present and future right, title and interest of every kind and nature whatsoever in and to the Submission(s) for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised (the “Rights”). Sponsor shall have the right, in its sole discretion to edit, composite, morph, scan, duplicate, or alter, the Submission(s) for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have in the Submission(s) submitted by him or her. Each entrant hereby acknowledges that such entrant does not reserve any rights in and to the Submissions. Sponsor shall have no obligation (express or implied) to use any Submission, or 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 any Submission for any reason or no reason at all, and no contestant shall be entitled to any damages or other relief by reason thereof.
11) REPRESENTATIONS AND WARRANTIES / INDEMNIFICATION. Each person (and any minor entrant’s parent or legal guardian) who enters this Contest represents and warrants to Sponsor as follows: (i) the Submission is the entrant’s own original, previously unpublished, and previously unproduced work, (ii) the Submission 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 neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; (iv) the Submission does not and will not violate any applicable laws, and meets the Submission Requirements set forth above. 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.
12) PUBLICITY RELEASE. By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant (and any minor entrant’s parent or legal guardian) in or winner of the Contest, each entrant 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 in any and all media for any purpose, including without limitation, advertising and promotional purposes as well as in, or in connection with the Hotel or the Contest or other promotions, and hereby release the Promotion Entities from any liability with respect thereto.
13) GENERAL RELEASE AND LIMITATIONS ON LIABILILTY. By entering the contest, entrants (and any minor entrant’s parent or legal guardian) agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Contest or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event will attorneys’ fees be awarded or recoverable; and (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 or consequential damages and/or any other damages, other than actual out-of-pocket expenses and/or any and all rights to have damages multiplied or otherwise increased. Each entrant acknowledges and agrees that the Promotion Entities, Twitter, Instagram, Inc., Facebook, Inc., are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, lost, late, misdirected or illegible entries or for failure to receive entries due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with Sponsor, or otherwise, that may limit an entrant’s ability to participate in the contest; (ii) any injury or damage resulting from participation in the Contest and/or the use of any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses or damages related to or based on the entrant’s rights of publicity or privacy, or the entrant’s claim that he or she has somehow been defamed or portrayed in a false light. Promotion Entities assume no responsibility for any damage to an entrant’s 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, or for the incorrect or inaccurate capture of information, or the failure to capture any information.
14) LIST OF WINNERS. The names of the winners of this Contest will be posted on the Sponsor’s website, Facebook page, Twitter Account and Instagram Feed once such winners have been selected.
15) MISCELLANEOUS. This Contest is in no way sponsored, endorsed or administered by, or otherwise associated with Facebook, Twitter Inc., Instagram, Inc. You understand that you are providing your information to Sponsor and not to Facebook, Twitter or Instagram.