Sponsor is National Geographic Partners, LLC, 1145 17th Street, N.W., Washington, D.C. 20036-4688 (“Sponsor”).
The 2016 National Geographic Student Expeditions Photo Contest (“Contest”) begins December 17, 2015 at 12:01am US Eastern Standard Time (EST) and ends January 31, 2016 at 11:59pm EST. All entries must be received by January 31, 2016 at 11:59pm EST. Information on how to enter and prizes form part of these official rules (“Official Rules”). By submitting an entry, each entrant agrees to the Official Rules and warrants that his or her entry complies with all requirements set out in the Official Rules. This is a skill-based contest and chance plays no part in the determination of winners.
WHO MAY ENTER
Eligibility: Contest is open only to legal residents of the United States who are in 9th through 12th grades at the time of entry, and who meet the Admissions Criteria for a National Geographic Student Expedition as described below in “Judging Criteria and Conditions.” You must have permission from a parent or legal guardian to enter the Contest. If selected as a Finalist, you will be required to provide your parent or legal guardian’s written consent to your participation, and if you fail to provide such written consent within three business days of the request then you may be disqualified. Officers, directors and employees of Sponsor, National Geographic Partners, LLC, 21 Century Fox, Putney Student Travel and each of their respective parents, subsidiaries, affiliates, members, distributors, retailers, sales representatives, advertising and promotion agencies, and each of their immediate family members and/or people living in the same household are NOT eligible to enter the Contest or win a prize. This Contest is void where prohibited.
HOW TO ENTER
All entries must be submitted in digital format through our online entry form. To enter, visit http://ngstudentexpeditions.com/2016-photo-contest (“Website”) and complete the entry form by
following the step-by-step directions on that page. Submit an original photograph, taken by you, that conveys what exploration or adventure means to you (“Photograph”). Include a title for the Photograph, a written description (100 words or less) of the “moment” captured and how it reflects a sense of exploration or adventure (“Description”), the location where you took the Photograph, and the names of any persons in the Photograph (if known). Your entry must also comply with the following requirements (the “Entry Requirements”):
- All photograph submissions must be 20 megabytes or smaller, must be in
- JPEG or JPG format, and must be at least 1,600 pixels wide (if a horizontal image) or 1,600 pixels tall (if a vertical image).
- Minor burning, dodging and/or color correction is acceptable. Hand tinting is acceptable, as is cropping. Fish-eye lenses are acceptable. High dynamic range images (HDR) and stitched panoramas are acceptable only if the combined parts are all made around the same time. Any changes to the original Photograph not itemized here are unacceptable and will render the Photograph ineligible for a prize.
- Photographs that include sculptures, statues, paintings, and other works of art will be accepted as long as they do not constitute copyright infringement or fraud. When photographing the work of others, it must be as an object in its environment and not a full-frame close up of another person’s art.
- The Photograph and the Description, each in its entirety, must be a single work of original material taken and written (respectively) by the contest entrant. By entering the Contest, entrant represents, acknowledges and warrants that the submitted Photograph and Description are original works created solely by the entrant and that no other party has any right, title, claim or interest in the Photograph or the Description.
- Though entrants retain copyright in each image submitted, the digital image file(s) submitted will not be returned or acknowledged.
- Obscene, provocative, or otherwise objectionable content will not be considered, and such determination is solely at the discretion of Sponsor.
- Each entrant may submit up to five Photographs and accompanying Descriptions.
The entries will be judged in accordance with the Judging Criteria, as defined below. All entries must be submitted and received by January 31, 2016 at 11:59 pm EST. Proof of submission is not proof of receipt.
If the Photograph contains any material or elements that are not owned by the entrant and/or which are subject to the rights of third parties, the entrant is responsible for obtaining any and all releases and consents necessary to permit the exhibition and use of the Photograph in the manner set forth in these Official Rules without additional compensation. Where feasible, entrants should obtain a personal release from all persons who appear in the Photograph submitted, authorizing use of the Photograph in Sponsor’s promotional materials to feature the winning entry, without compensation, permission or notification, unless prohibited by law. Failure to provide such releases upon request may result in disqualification and selection of an alternate winner.
Each entrant retains the copyright to his/her Photograph(s) and Description(s), but explicitly grants Sponsor, Putney Student Travel, their licensees, affiliates and their designees (collectively, the “Authorized Parties”) an irrevocable, nonexclusive, worldwide license for the duration of copyright to use each Photograph and Description for advertising, marketing, and promotional purposes, in any and all media now known or hereafter created, including but not limited to publication in catalogs, brochures, blogs, and websites, at Authorized Parties’ discretion, without additional consideration, notification, permission to entrant or any third party.
THE WINNER IS REQUIRED TO SIGN AN AFFIDAVIT OF ELIGIBILITY AND LIABILITY RELEASE; WARRANTY OF OWNERSHIP AND LICENSE; AND PUBLICITY RELEASE (COLLECTIVELY, THE “AFFIDAVIT”), UNLESS PROHIBITED BY LAW, WITHIN 15 DAYS FROM THE DATE OF NOTICE IN ORDER FOR SPONSOR TO AWARD THE PRIZE. NONCOMPLIANCE OR RETURN OF PRIZE NOTIFICATION AS UNDELIVERABLE MAY RESULT IN DISQUALIFICATION AND SELECTION OF AN ALTERNATE WINNER.
- One (1) Grand Prize Winner, one (1) Second Place Winner, and one (1) Third Place Winner will be selected.
- The Grand Prize is the winner’s choice of one National Geographic Student Expedition Photography Workshops from the three choices identified below, and includes roundtrip coach air transportation between a major airport near the winner’s home and the workshop destination as well as the accommodations, meals, and activities as described in the description of the Photography Workshops at http://ngstudentexpeditions.com/find-a-trip. The Grand Prize winner may select the Photography Workshop of his or her choice from the following options: Barcelona, Prague, or Yellowstone. The Grand Prize winner must meet the Admissions Criteria described below in “Judging Criteria and Conditions.”
- Approximate Retail Value (“ARV”) of Grand Prize is US$8,000. Winner must coordinate with Sponsor to select a mutually agreed upon departure date in 2016. If winner is unable to travel on the available dates, the prize will be forfeited and Sponsor will select an alternate winner. Travel documents, taxes, personal expenses, and all other items not stated herein are the sole responsibility of the winner. No prize transfer or assignment by winner permitted. No cash equivalent will be provided. Sponsor reserves the right to substitute prize in the event of unavailability, in which case an alternative 2016 National Geographic Student Expedition will be awarded. Retail value of Grand Prize may vary depending on fare fluctuations and other variables. Any difference between actual retail value of prize and the ARV will not be awarded.
- Second Place Prize is a LowePro PhotoSport 300 AW II and National Geographic’s Fundamentals of Photography DVD. The ARV of the Second Place Prize is $300.
- Third Place Prize is a LowePro Passport Sling III and National Geographic’s Fundamentals of Photography DVD. The ARV of the Third Place Prize is $150.
- Odds of winning depend on the number of eligible entries received and skill of the entrant.
JUDGING CRITERIA AND CONDITIONS
The contest consists of two (2) rounds of evaluation. The judges will use the same Judging Criteria in each round. The top candidates in Round One will proceed to Round Two. In Round One, a team of National Geographic staff with expertise in both photography and in the field of travel and adventure will evaluate the entries based on the following criteria, and will select the top entries by applying those criteria (“Judging Criteria”):
- Photographic Quality (50%)
- Extent to which the Photograph conveys a sense of exploration or adventure (25%)
- The quality of the Description and its relationship to the Photograph and the theme of exploration and adventure (25%)
Up to 30 top entries in Round One will be selected as Finalists and will proceed to Round Two. All Finalists will be contacted by Email and asked to submit a release form signed by a parent or legal guardian agreeing to the terms described herein. If Sponsor does not receive the signed parental release within three business days of Sponsor’s email request, the finalist may be
disqualified, and may not proceed to Round Two.
In Round Two, a panel of National Geographic photographers, photo editors and travel professionals (“Judges”) will evaluate the top entries from Round One and select a potential Grand Prize winner based on the Judging Criteria. The potential Grand Prize winner must then complete the NG Student Expeditions application process (https://app.ngstudentexpeditions.com/) and demonstrate that s/he meets the Admissions Criteria for participation in an NG Student Expedition, as determined by Sponsor through its NG Student Expeditions application process (https://app.ngstudentexpeditions.com/). Participants must maintain high standards of personal behavior. Because they are encouraged, within the context of our trips, to take leadership roles and to make some of their own discoveries, students whose parents require them to be under constant surveillance or who are likely to act irresponsibly; use drugs, alcohol, or tobacco; or behave in a disruptive manner are not eligible. Collectively, these standards are referred to herein as “Admissions Criteria.”
If Sponsor determines, based on the application, that the entrant meets the Admissions Criteria for an NG Student Expedition, the entrant will be declared the Grand Prize winner. If Sponsor
determines that the entrant does not meet the Admissions Criteria, then the entrant will be disqualified and Sponsor will select an alternate Grand Prize winner. Once the Grand Prize winner is confirmed, the Judges will select a Second and Third Place winner based on the Judging Criteria. Decisions of the Judges are final.
GENERAL LIABILITY RELEASE/FORCE MAJEURE:
Entrants (and any minor entrant’s parent or legal guardian) agree that Sponsor (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 Contest or any Contest-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 Contest, 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 Contest 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 Contest, 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 Contest if it determines, in its sole discretion, that the Contest 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 Contest 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 Contest 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 Contest. If the Contest 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.
GOVERNING LAW AND 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 CONTEST 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.THIS CONTEST IS VOID WHERE PROHIBITED.
ARBITRATION PROVISION: By participating in this Contest, 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 Sponsor relating to, arising out of or connected in any way with (a) the Contest, (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 Contest; (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.
Entries are void if the Sponsor determines the photograph to not be an original, or if the entries are illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error, obtained through fraud or theft or do not meet the eligibility criteria outlined above.
Participants also agree (a) to be bound by these Official Rules; and (b) that the decisions of the Judges are final on all matters relating to the Contest. All federal, state and local taxes, fees and surcharges on prizes are the sole responsibility of the prize winner. In the event that the selected winner(s) of any prize are/is ineligible or refuses the prize, the prize will be forfeited and Sponsor, in its sole discretion, may choose whether to award the prize to another winner.
The trip may not be combined with any other offer. Regulations and conditions may apply. Grand Prize winner will be responsible for all necessary immunizations and other preventative measures, travel authorizations and for any travel insurance. By accepting the Grand Prize, Grand Prize winner represents that s/he understands and accepts the Responsibility statement, and the applicable Terms and Conditions, and the standards of conduct for a National Geographic Student Expedition (described under Expectations at: http://ngstudentexpeditions.com/about/) associated with the Grand Prize.
RIGHT TO CANCEL OR SUSPEND CONTEST
If for any reason the Contest is not capable of running as planned, due to infection by computer virus, bugs, worms, trojan horses, denial of service attacks, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right, at its sole discretion, to disqualify any individual(s) who tamper with the entry process, and/or to cancel, terminate, modify, or suspend the Contest. If Sponsor elects to cancel or terminate the Contest, Sponsor will not retain any rights to the submitted photographs.
For names of the winners and select Finalists, visit http://ngstudentexpeditions.com/2016-photo-contest after February 15, 2016.
Entrants agree that personal data, especially name and address, may be processed, shared and otherwise used for the purposes and within the context of the Contest and any other purposes
outlined in these Official Rules. The data may also be used by the Sponsor in order to verify the participant’s identity, postal address and telephone number or to otherwise verify the participant’s eligibility to participate in the Contest. Participants have the right to access, review, rectify or cancel any personal data held by Sponsor by writing to Sponsor at 1145 17th St., N.W., Washington, D.C. 20036. Personal data will be used by Sponsor and its affiliates exclusively for the purposes stated herein.
NOTICE TO INDIVIDUALS: REMOVAL FROM MAILING LIST: Any individual (or other duly authorized person) may elect to exclude the name and address of that individual from all lists used by National Geographic Partners, LLC to mail skill contests or Contest. To elect to have an individual’s name excluded from all such lists, submit a removal request in writing to: National Geographic Partners, LLC, Attention: NG Expeditions, 1145 17th Street, NW, Washington, DC 20036-4688. This notification system may be used to prohibit mailing of all skill contests or Contest by National Geographic Partners, LLC to such individual.