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Pensagram Official Rules

No Purchase Necessary

Contest Description

The Pensagram Video & Photo Contest (the “Contest”) is sponsored by Visit Pensacola, Inc., 1401 E. Gregory St., Pensacola FL, 32502 (“Sponsor”). The Contest begins at 12:00:00 a.m. (midnight) Central Daylight Time (“CDT”) on May 6, 2016 and ends at 11:59:59 p.m. CDT on August 31, 2016 (the “Contest Period”). Winners will be selected in accordance with the judging criteria below. 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.

Who May Enter

The Contest is open to anyone who is 16 years of age or older at the time of entry and has an active Facebook, Twitter, Instagram, Pinterest or YouTube account, with the exception of employees and affiliates of Visit Pensacola, Inc. and related parties: Directors, officers and employees, and their immediate family members, or those living in the same household as such directors, officers and employees, of Sponsor or their respective parent, affiliated, or subsidiary companies, agents or representatives (collectively “Promotion Entities”) are not eligible to enter or win. The Contest is void where restricted or prohibited by law. Children under the age of 18 are required to submit a Parental Consent Form.

How To Enter

To participate in the Contest, you must have an active Facebook, Twitter, Instagram, Pinterest or YouTube account that is open to the public (an account where anyone can view your posts, videos and photos). You will not be eligible to participate if your social media account posts are set to a private option. Prior to entry, shoot video or photo of Pensacola Metro Area and/or Perdido Key and share it on your social media account(s) under the hashtag #pensagram. During the Contest Period, go to www.pensagram.net, complete the entry form, and upload your video or photo (“Submission”). Sponsor is unable to judge a Submission that is uploaded outside of the Contest Period. Enter as many Submissions as you like during the Contest Period; however, each Submission may only be submitted only one time under only one Entry Category. Submissions are subject to the usage rights as outlined in USAGE RIGHTS OF SUBMISSIONS below. Entries will not be acknowledged or returned.

Submission Requirements

Each video or photo that is entered into the Contest must meet ALL of the “Submission Requirements” set forth below to be eligible (a video or photo that meets all such requirements will be referred to as a “Submission”). Failure to complete any step outlined in, or to follow any of, the Official Rules will result in disqualification of the attempted entry: (i) all captions must include the hashtag #pensagram; (ii) the entry must be a video or photo; (iii) the video or photo must be a single work of original material taken by the submitting entrant; (iv) if the video or photo contains any material or elements that are not owned by the entrant and/or which are subject to the rights of third parties, and/or if any persons appear in the video or photo, the entrant is responsible for obtaining, prior to submission of the video or photo, any and all releases and consents necessary to permit the exhibition and use of the video or photo in the manner set forth in these Official Rules without additional compensation. If any person appearing in any video or photo is under the age of majority in their state/province/territory of residence, the signature of a parent or legal guardian is required on each release. In the event a submitting entrant cannot provide all required releases, Sponsor reserves the right, in 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; (v) the video or photo must not, in the sole and unfettered discretion of the Sponsor, contain obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content (vi) the video or photo cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), (vii) the video or photo cannot promote any activities that may appear unsafe or dangerous, or any particular political agenda or message; and (viii) the video or photo cannot depict, and cannot itself, be in violation of any law. Submissions must be received before the end of the Contest Period, and the Sponsor’s database clock will be the official timekeeper for this Contest. Proof of transmission is not proof of receipt. Entrants must not transmit anything that contains viruses or anything else that is harmful to any computer. No responsibility is assumed for late or misdirected entries, or any failure or unavailability of hardware, software, electronic communications, or Internet uploading or other connections. Sponsor is not responsible for any changes or effects caused to your mobile phone, computer system or camera or other equipment as a result of submitting an entry, nor any carrier charges that may be incurred to upload the Submission.

Judging

Throughout the Contest Period, entries will be judged based on creativity, quality, originality and relevance to Visit Pensacola advertising. Visit Pensacola will notify winners via the contact information provided at the time of entry/registration. Winning entries will also appear on the website. In the event of a dispute over the identity of the entrant, entry will be deemed submitted by the authorized account holder of the primary email address used to submit the disputed entry. The authorized account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or any other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain. All entries must be received by the end of the Contest Period.

Prizes

Five hundred (500) Pensagram t-shirts will be made available to the first two hundred fifty (250) photo entries and the first two hundred fifty (250) video entries submitted to www.pensagram.net. Limit one t-shirt per person. Cash prizes will be awarded for photos or videos chosen by Visit Pensacola for use in official advertising: $250 will be awarded for videos used in paid advertising; $100 will be awarded for photos used in paid advertising.

General Prize Conditions

Prize will be awarded only if the potential Winner fully complies with these Official Rules. All costs, including federal, state and local taxes, insurance, and other expenses not specifically identified as included in the Prize, are the sole responsibility of Winner. No transfer, assignment, cash redemption or substitution of Prize (or portion of Prize) except by Sponsor due to Prize unavailability and then for a Prize (or applicable portion of Prize) of equal or greater value as determined by Sponsor. All details and other restrictions of Prize not specified in these Official Rules will be determined by Sponsor in its sole discretion. If a Prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute a Prize of equal or greater value. Arrangements for delivery of Prize will be made after Winner validation. Odds of winning depend on number of entries received and quality of entry Submission. At Sponsor’s discretion, unclaimed prizes may not be awarded.

Notification of the Winner

Winning entries will be announced on the Contest website: www.pensagram.net, after judging is complete. Each potential Winner will be notified via the email address provided at the time of entry. Winner will be required to execute and return an Affidavit of Eligibility and Liability Release, Warranty of Ownership and License, and Publicity Release (collectively, the “Affidavit”) within seven (7) calendar days following the date of attempted notification. If a selected winner cannot be contacted, is ineligible, fails to claim a prize, and/or fails to return the Affidavit, 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. In the event a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner from among all remaining eligible entries. Only three (3) alternate winners will be selected, after which the Prize will remain un-awarded. Except where prohibited, by accepting the Prize, Winner agrees that the Promotion Entities may, without any limitation or further compensation, use his or her name, Facebook, Twitter, Instagram, Pinterest or YouTube handle, voice and/or likeness, and winning video or photo and accompanying caption in any and all media for any purpose.

Usage Rights in Submissions

By entering your Submission in the Contest, you acknowledge and agree that the Promotion Entities and their licensees (“Authorized Parties”) shall have the unrestricted, royalty-free, world-wide, perpetual, non-exclusive right and license to publicly display, reproduce, distribute, display, edit, adapt, publish, perform, broadcast, modify, and otherwise use, in whole or in part, each Submission in any and all media, whether now existing or later developed, for any purpose, in perpetuity, without further compensation to the entrant or anyone else. Display or publication of any Submission on an Authorized Party’s website does not indicate the entrant will be selected as a winner.

Representations and Warranties/Indemnification

Each person who enters this Contest covenants, represents and warrants to Sponsor as follows: (i) the Submission is an original work created solely by the entrant, that the video or photo does not infringe on the copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property rights of any person or entity, and that no other party has any right, title, claim, or interest in the video or photo; (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 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.

Nature of Relationship/Waiver of Equitable Relief

Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Submission to Sponsor for purposes of the Contest does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission. Each entrant understands and acknowledges that the Promotion Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to them or being developed by their own employees. Each entrant also acknowledges that many ideas or materials may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Promotion Entity’s use of any such similar or identical material. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Promotion Entity’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief, and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

Important. Please Read-General Release and Limitations on Liability

By entering the Contest, entrants 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, and Facebook, Twitter, Instagram, Pinterest or YouTube, 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 or misuse of any prize, including all travel related thereto (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 which is occasioned by accessing the websites of Sponsor and/or their designees or participating in the Contest, or for any computer system, phone line, mobile phone, 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.

Governing Law

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 contest or in connection with any design submission or other material submitted in connection with the contest, shall be governed by and construed in accordance with the internal laws of the District of Columbia without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. 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.

Arbitration Provision

By participating in this Contest, each entrant agrees that any and all disputes or claims the entrant may have relating to, arising out of or connected in any way with the Contest, and/or the awarding or redemption of any prize, and/or) the exploitation or use of any Submission or other material submitted in connection with the Contest, will be resolved individually and exclusively by final and binding arbitration. The arbitration will be conducted in accordance with JAMS Arbitration Rules in Washington, D.C. The arbitrator shall not have the power to impose punitive damages. Each party hereby waives any and all rights and benefits, which it might otherwise have or be entitled to under federal law or the laws of the District of Columbia or any state to litigate any such dispute in court, it being the intention of the parties to arbitrate all such disputes. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules, and any other agreements the applicable entrant may have entered into with Sponsor in connection with the Contest, and shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys’ fees.

Each Party Expressly Waives Any Right to a Jury

Judgment upon the award of the arbitrator may be entered or enforced in any court of competent jurisdiction. If you do not agree to these requirements (or any other provision herein), do not participate in the Contest. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.

List of Winners

The Contest Winners will be posted on www.pensagram.net once such Winners have been selected.

Miscellaneous:

This Contest is in no way sponsored, endorsed or administered by, or otherwise associated with Facebook, Twitter, Instagram, Pinterest or YouTube.

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