Official Contest Rules
The National Geographic Student Expeditions Contest
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
PROMOTION DESCRIPTION: The National Geographic Student Expeditions Contest (the “Contest”) begins on or about December 9, 2016 at 12:01 a.m. Eastern Time (“ET”) and ends on January 31, 2017 at 11:59 p.m. ET (the “Promotion Period”). The Contest gives entrants (each, an “Entrant”), the chance to write and submit a short testimonial (each, a “Submission”) nominating another individual (each, a “Nominee”) to receive the prize set forth below. Prizes will be awarded to the Nominee, not the Entrant. At the end of the Promotion Period, one (1) Grand Prize winner, one (1) Second Prize winner and one (1) Third prize winner will be selected as more fully set forth 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 National Geographic Partners, 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 thirteen (13) years of age or older and in seventh (7th) through twelfth (12th) grade at the time of entry and meet the “Admissions Criteria” (as defined below) may be nominated to win a prize. Entrants must be thirteen (13) years or older at the time of entering a Submission in Contest. Officers, directors and employees of Sponsor, 21st Century Fox, Putney Student Travel and each of their respective 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 Contest or win a prize. This Contest is void where prohibited.
No substitutions or new versions of a Submission will be accepted under any circumstances once the original Submission is submitted for consideration. Any Submission that is considered by Sponsor in its sole and absolute discretion to be obscene, libelous, hate speech or otherwise objectionable, in whole or in part, will be disqualified and will not be eligible for entry. All information requested at the time of entry must be completed in order to enter and be eligible to win. Submissions will not be returned or acknowledged. Sponsor shall have no liability for any Submission that is lost, intercepted or not received by the Sponsor for any reason. In the event there is a dispute about the identity of a Nominee, and such dispute cannot be resolved to Sponsor’s satisfaction, the affected Submission and Nominee will be deemed ineligible.
IMPORTANT NOTE: Any entrant who incorporates any intellectual property owned by a third party into his or her Submission does so at his or her own risk. If Sponsor is duly notified that any element of an entrant’s Submission infringes upon the rights of another person, such Submission may be disqualified from the Contest, as Sponsor may determine in its sole discretion. Further, no Nominee will be eligible to receive the prize unless Sponsor determines, in its sole and absolute discretion, that such entrant’s Submission has been or can be sufficiently cleared for legal purposes.
WINNER SELECTION AND NOTIFICATION:
Finalist Selection. After the Promotion Period, a panel of judges selected by Sponsor (the “Judging Panel”) will review the eligible Submissions and select up to twenty (20) finalist Nominees (each a “Finalist”) based on the following criteria : extent to which the Nominee has made a positive impact on the community/planet (60%); extent of the Nominee’s passion for and commitment to their community service contributions (20%); extent to which the Entrant makes case for why the Nominee is a deserving, passionate candidate based on their contributions (20%) (the “Judging Criteria”). The decisions of Sponsor and the Judging Panel with respect to all phases of the Contest are final and binding in all respects and are not subject to challenge or appeal. All Finalists will be contacted by email, using the email provided in the Submission and asked to submit a release form provided by Sponsor signed by a parent or legal guardian (the “Parental Release”) agreeing to the terms described in these Official Rules. If Sponsor does not receive the signed Parental Release within three (3) business days of Sponsor’s email request, the Finalist may be disqualified, and an alternate Finalist may be selected. Finalists will then be asked to submit the following information and an essay (the “Finalist Submissions”): (1) the names, email addresses, and phone numbers of two references familiar with the Finalists’ community service work, and (2) an essay, no longer than one page long, describing the community service work they have been involved in, why they think giving back to their community is important, and why they are passionate about the community service projects to which they contribute. Finalists will have two weeks to complete and submit their essay.
Grand Prize Winner Selection. The Judging Panel will review the Finalist Submissions and select one (1) Grand Prize Winner based on the Judging Criteria described above. For clarification and the removal of doubt, the Grand Prize will be awarded to the Nominee described in the Submission and the Nominee will be deemed the Grand Prize Winner (the “Grand Prize Winner”) subject to the terms and conditions of these Official Rules. The potential Grand Prize Winner must then complete the NG Student Expeditions application process, located at https://app.ngstudentexpeditions.com/ and demonstrate that the Grand Prize Winner meets the admissions criteria for participation in an NG Student Expedition, as determined by Sponsor through its NG Student Expeditions application process (the “Admissions Criteria”). The Grand Prize Winner must maintain high standards of personal behavior. Because the Grand Prize Winner will be encouraged, within the context of the Grand Prize trip, 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. If Sponsor determines, in its sole discretion, that the potential Grand Prize Winner meets the Admissions Criteria for an NG Student Expedition and has complied with these Official Rules, the Nominee will be declared the Grand Prize Winner. If Sponsor determines that the potential Grand Prize Winner does not meet the Admissions Criteria, then the Nominee will be disqualified and Sponsor will select an alternate Grand Prize Winner. Once the Grand Prize Winner is confirmed, the Judging Panel will select a Second and Third Place winner based on the Judging Criteria.
The prize winners will be notified using the contact information provided at the time of entry. Sponsor is not responsible for communication problems of any kind. Sponsor shall have no liability for any Prize Winner notification that is lost, intercepted or not received by a potential Prize Winner for any reason. If a potential prize winner does not respond within ten (10) days 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.
Grand Prize: One (1) Grand Prize is available. The Grand Prize includes participation in one (1) 2017 National Geographic Student Expedition Community Service trip, roundtrip coach air transportation between a major airport near Grand Prize winner’s home and the Selected Trip, accommodations, meals and activities as described in the catalog description of the Selected Trip at http://ngstudentexpeditions.com/find-a-trip/, and a $500 scholarship towards college savings. Students in 9th through 12th grade can choose from Costa Rica, Fiji, Hawaii, Madagascar, Nepal, Tanzania, or Thailand; and students in 7th and 8th grade can choose from Costa Rica or Belize (collectively, the “Selected Trip”.) The Grand Prize winner must coordinate with Sponsors to select a mutually agreed upon departure date in 2017. If the Grand Prize winner is unable to travel on the dates for this trip, the Grand Prize will be forfeited and Sponsors will select an alternate winner. The approximate retail value (“ARV”) of the Grand Prize is between $5,600.00 and $10,000.00 depending on the Selected Trip.
In the event the Winner is under the age of majority in his or her state of residence (a “minor”) such minor Winner must travel with the written permission of his or her parent or legal guardian in form and substance acceptable to Sponsor in its sole discretion. The Winner must possess all required travel documents, including visas and valid passports. All aspects of the travel portions of the Grand Prize must be conducted on such dates as determined by Sponsor in its sole discretion. The dates of departure and return are subject to change at Sponsor’s sole discretion. Airfare may not include government taxes, Passenger Facility Charge or September 11th Security Fee. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to the vagaries of flight variation, work stoppages, and schedule or route changes. The ARV for travel prizes may vary depending upon points of departure and destination and fare fluctuations. Sponsor reserves the right to structure travel routes and select hotels in its sole discretion. The ARV for travel prizes is an estimate made before the Contest begins. The Grand Prize winner will not receive cash or any other form of compensation if actual travel costs are less than the estimate made in these Official Rules. The round trip air transportation element for any travel prize begins and ends at the point of departure. No interest will be awarded on cash prizes. The prize restrictions/conditions stated herein are not all-inclusive and the Grand Prize described above may be subject to additional restrictions/conditions, which may be stated in the “Prize Claim Documents” (as defined below) and/or other travel documents. In the event the Winner engages in behavior that, as determined by Sponsor in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early, in whole or in part, and send the Grand Prize Winner home with no further compensation.
Second Prize. One (1) Second Prize is available. The Second Prize consists of one (1) National Geographic branded pullover and a $500 scholarship towards college savings. The ARV of the Second Prize is $555.00.
Third Prize. One (1) Third Prize is available. The Third Prize consists of one (1) National Geographic branded pullover and a $500 scholarship towards college savings. The ARV of the Third Prize is $555.00.
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 Contest 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. Each 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 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 any potential winner (or, in the case of a minor, such minor winner’s parent or legal guardian) 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 Contest. 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 Contest, 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 Contest, 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 and the Nominee’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 Website, the Contest 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 Contest (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 Contest (and his or her parent or legal guardian, if the entrant is a minor) represents and warrants as follows: (i) the entrant has the Nominee’s permission to enter the Contest; (ii) the Submission is the entrant’s own original, previously unpublished, and previously unproduced work; (iii) 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; (iv) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (v) 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 and any prize winning Nominee (and any minor winner’s parent or legal guardian) agree that the Promotion Entities (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.
DATES & DEADLINES/ANTICIPATED NUMBER OF CONTESTANTS: Because of 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 entrants who will participate in the Contest.
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 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.
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 Promotion Entities 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.
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: National Geographic Student Expeditions Contest, c/o O’Shannon Burns at 1145 17th St., NW Washington, DC 20036. All such requests must be received within six (6) weeks after the end of the Promotion Period. These Official Rules will be posted on the Website during the Promotion Period.
© 2016 National Geographic Partners. 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. Promotion begins on or about December 9, 2016 at 12:01 a.m. ET and ends on January 31, 2017 at 11:59 p.m. ET. See Official Rules at ngstudentexpeditions.com/2017-student-contest for complete information, including entry periods, eligibility restrictions, prize descriptions/restrictions/ARVs and complete details. Void where prohibited. Sponsored by National Geographic Partners, 1145 17th Street NW, Washington, DC, 20036.