“Pure Michigan Instagram Beach Challenge” Contest Official Rules. Sponsored by Michigan Economic Development Corporation (“MEDC” or “Sponsor”) in partnership with the Michigan Department of Environmental Quality and the Michigan Department of Natural Resources. The MEDC “Pure Michigan Instagram Beach Challenge” (the “Contest”) begins on Friday, June 20, 2014 at 9:00 a.m. Eastern Time (“ET”) and ends on Sunday, June 29, 2014 at 11:59 p.m. ET (the “Contest Period”).
NO PURCHASE NECESSARY TO ENTER OR WIN. NO ENTRY FEE. VOID WHERE PROHIBITED. VALID IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY. ENTRY IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.
1. CONTEST: The entry period for the Contest begins at 9 a.m. ET on Friday, June 20, 2014 and ends at 11:59 p.m. ET on Sunday, June 29, 2014 (the “Contest Entry Period”). During this period, the public is invited to participate in a 10-day Instagram challenge sharing their favorite beaches across Michigan and the types of activities that can be enjoyed. Each day of the contest will feature a specific challenge, or type of beach activity (see “How to Enter”). Participants can submit photos that represent that day’s challenge on michigan.org (defined below) or on Instagram or Twitter by tagging @PureMichigan and using the hashtags #PureMichigan and #BeachChallenge. One daily winner will be chosen for each challenge topic and will receive a Personal Sun Care Kit from the Pure Michigan store and the winning photo will be featured on Pure Michigan’s Instagram account for one day. On or around Tuesday, July 1, 2014, Sponsor will determine and announce the Grand Prize winner among all photo submissions to the Contest, and the “Ultimate Pure Michigan Beach Day” prize from the Pure Michigan store will be awarded in accordance with these Official Rules (the “Official Rules”).
2. BINDING AGREEMENT: In order to enter the Contest, you must agree to these Official Rules. Therefore, please read these Official Rules prior to entry to ensure you understand and agree. You agree that submission of a Photo in the Contest constitutes agreement to these Official Rules. You may not submit a Photo to the Contest and are not eligible to receive the prize described in these Official Rules unless you agree to these Official Rules. These Official Rules form a binding legal agreement between you and MEDC with respect to the Contest.
3. ELIGIBILITY: The Contest is open only to legal residents of any of the fifty (50) states of the United States and the District of Columbia (excluding Puerto Rico and U.S. territories) who, as of the date of entry, are 18 years of age or older and have internet access. Employees of Sponsor and its respective affiliates, subsidiaries, advertising agencies, promotion, fulfillment and other coordinating agencies, and the immediate family members and/or household members of any such persons or entities are eligible to participate in the Contest only as Daily Prize Winners. The Contest is subject to all applicable federal, state and local laws and regulations and void where prohibited or restricted by law.
4. HOW TO ENTER: On the day of the challenge during the Contest Entry Period, you may enter the Contest by uploading an original photographic image of a Michigan beach that includes the daily photo challenge activity, as noted below:
Photos may be submitted via any of the following methods: (1) Share a photo on Instagram or Twitter by tagging @PureMichigan and include the hashtags #PureMichigan and #BeachChallenge. Identify the location of the beach in your entry. (2) Visit michigan.org/beachchallenge and follow the instructions that appear to complete an entry form and upload your photo. Each entry is referred to as entry (“Entry”). Each Entry must meet the “Entry Requirements” described below. All Entries must be successfully submitted during the Contest Entry Period to be eligible for the Contest. Any use of robotic, automatic, programmed or similar entry methods will void all such entries by such methods. Entrants violating any of these Official Rules may be disqualified. All eligible Entries will be featured on michigan.org/beachchallenge, regardless of the method of Entry submission used by the entrant.
5. ENTRY REQUIREMENTS: Entrant’s Entry must be original, of entrant's own creation, and must not have been entered in any other competition or promotion, including other competitions or promotions conducted by Sponsor. Any Entry that, in Sponsor’s sole and absolute discretion (i) is obscene, profane, lewd or defamatory; (ii) includes anti-social content, a commercial solicitation or promotional materials, or address, phone number, or URL address; (iii) does not meet the requirements outlined in these Official Rules; (iv) includes branded items; (v) is not in keeping with Sponsor’s image, or (vi) is otherwise objectionable, may not be considered and may be disqualified. All Entries become the property of Sponsor upon submission and will not be acknowledged or returned. Entrant represents and warrants that entrant’s Entry (i) is original, of entrant's own creation, (ii) has not been entered in any other competition or promotion, including other competitions or promotions conducted by Sponsor, and (iii) does not violate the intellectual property or proprietary rights of other parties. Entrant hereby agrees not to instigate, support, maintain or authorize any action, claim or lawsuit against Sponsor or any other person on the grounds that any use of any Entry as provided herein, infringes any of entrant’s rights as the creator of the Entry as provided herein including, without limitation, trademark rights, copyrights and moral rights or “droit moral”. By submitting a Entry, entrant hereby grants Sponsor and its affiliates, subsidiaries, successors, assigns, licensees, sub-licensees, agents and representatives an irrevocable, worldwide, royalty-free, unrestricted, perpetual sub-licensable (through multiple tiers) and transferable right and license to use, copy, transmit, publish or otherwise distribute, modify, create derivative works based upon, incorporate into other works, publicly perform and display the Entry or any portion thereof, in or through any medium, whether now known or hereafter created (including, but not limited to, on the Pure Michigan Instagram Page, other websites owned or controlled by Sponsor, its affiliates or anyone acting on Sponsor’s authority, and in Sponsor’s e-mails, Facebook, Twitter or Instagram communications), for any and all lawful purposes without compensation, and agrees to execute documents, instruments or agreements confirming such right and license at Sponsor’s reasonable request. Nothing herein shall constitute an employment, joint venture, or partnership relationship between entrant and Sponsor.
6. WINNER SELECTION: All eligible Entries will be featured on michigan.org/beachchallenge, regardless of the method of Entry submission used by the entrant. Sponsor, in its sole discretion, reserves the right at any time not to post, or to remove, any Entry that fails to comply with these Official Rules. One (1) Daily Winner photo will be selected each day and featured the following day on Pure Michigan’s Instagram page and will receive a Personal Sun Care Kit from the Pure Michigan store. Winning photos will be selected by a panel of Sponsor’s employees, the Michigan Department of Environmental Quality and the Michigan Department of Natural Resources according to the following criteria: includes the daily photo challenge activity, showcases artistic quality, represents the Pure Michigan brand, and displays the variety of beaches and abundantly clean water available in Michigan. One Grand Prize winner will be selected among all submissions on or around Tuesday, July 1, 2014 and will receive the “Ultimate Pure Michigan Beach Day” prize package from the Pure Michigan store as described in section 8 below. Decisions of the Sponsor will be final. Potential prize winners must meet all eligibility requirements and fully comply with these Official Rules.
7. WINNER NOTIFICATION: The potential Grand Prize winner will be notified by Sponsor via e-mail, as applicable and in the Sponsor’s sole discretion. Except where prohibited by law, the Grand Prize winner may be required to sign and return an affidavit of eligibility and publicity/liability release within twenty four (24) hours of notification and provide any additional information that may be required by Sponsor. Sponsor shall have no liability for any potential prize winning notification that is lost, intercepted or not received by any potential winner for any reason. If a selected winner cannot be contacted, is ineligible, fails to claim a prize and/or where applicable an affidavit of eligibility and publicity/liability release is not timely received, is incomplete or modified, the prize may be forfeited and an alternate winner may be selected from remaining valid, eligible entries timely submitted. In the event of a dispute regarding who submitted an entry, the entry will be deemed submitted by the authorized account holder of the e-mail address connected with the Instagram or Twitter account from which the entry was sent. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Selection and notification of Grand Prize winner will be made no later than Tuesday, July 1, 2014 by 11:59 p.m. ET.
8. PRIZES AND ODDS OF WINNING: The prize to be awarded from the Contest is described below. Odds of winning depend on the number of eligible entries received: (a) Grand Prize: One (1) winner will be selected by Sponsor according to the judging criteria described above and will receive an “Ultimate Pure Michigan Beach Day” prize package from the Pure Michigan store (estimated value of $480), which includes: (2) 24 oz. Pure Michigan Water Bottles, (1) Pure Michigan Beach Towel, (1) Pure Michigan Tote Bag, (1) Pure Michigan Fire Pit, (1) Pure Michigan Three Tray Tackle Box, (1) Pure Michigan Fishing Lure, (1) Pure Michigan Ice Berg Cooler, (1) Pure Michigan Fun Bucket with Shovel, and (1) Pure Michigan Personal Sun Care Kit. If the winner is unable to use the Grand Prize, no compensation or substitution will be provided in lieu thereof. (b) Daily Winner: Ten (10) Daily Winners will each receive one (1) Pure Michigan Personal Sun Care Kit (valued at $5.00) and their photo will be featured on Pure Michigan’s Instagram page at http://www.Instagram.com/PureMichigan.
9. GENERAL RULES: The Contest is offered by Michigan Economic Development Corporation, which is not responsible for (i) late, lost, delayed, damaged, postage-due, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by e-mail or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties. By participating in the Contest, entrants further agree to waive, release, indemnify, defend and hold harmless Sponsor and its parent, affiliated companies and subsidiaries and their directors, officers, employees, sponsors and agents, including advertising and Contest agencies, and assigns, and any other organizations related to the Contest, including, but not limited to, Facebook, Twitter and Instagram (together, the “Released Parties”), from and against, any claims, injuries (including death), loss, expenses or damages and/or liabilities of any nature that in any way arise in whole or in part from the acceptance, possession, use or enjoyment of a prize or parts thereof, participation in the Contest, or in any prize-related activity, including, without limitation, any (i) condition caused by events beyond Sponsor’s control that may cause the Contest to be disrupted or corrupted, (ii) injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Contest, (iii) printing or typographical errors in any materials associated with the Contest, (iv) electronic, network or computer failures or malfunctions, or other hardware, software or technical errors of any kind, including any injury or damage to any person’s computer related to, or resulting from, participation in the Contest or for other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, or (v) infringement of any intellectual property rights or proprietary rights of other parties. IN NO EVENT WILL SPONSOR BE LIABLE TO ENTRANTS FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH ENTRANTS’ PARTICIPATION IN THE CONTEST, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
10. ADDITIONAL CONDITIONS: Except where prohibited, by winning any prize, winner consents to the use of his/her name, photo and/or likeness, biographical information, entry materials and statements attributed to winner for advertising and promotional purposes, including without limitation, inclusion in Sponsor’s Pure Michigan Travel Guide magazine, newsletters, the Pure Michigan Facebook Page and Sponsor’s homepage at www.michigan.org, without additional compensation. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Contest is compromised, without liability to the entrant. Sponsor reserves the right in its sole and absolute discretion to disqualify any individual that (i) tampers or attempts to tamper with the entry process or the operation of the Contest; (ii) violates these Official Rules; or (iii) acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Contest is subject to these Official Rules and all applicable federal, state, provincial and local laws and regulations apply. As stated above, the Contest is void where prohibited or restricted by law. By participating in the Contest, you acknowledge that you have read these Official Rules and agree to abide by them and by the decisions of Sponsor, which are final and binding on all matters pertaining to the Contest. These Official Rules are governed by the law of the State of Michigan, excluding rules governing choice of laws.
11. LAWSUITS: Any action, suit or case arising out of, or in connection with, this Contest or these Official Rules must be brought in the state or federal courts located in Michigan.
13. SPONSOR: The Sponsor of the Contest is Michigan Economic Development Corporation, 300 North Washington Square, Lansing, Michigan 48913.
14. DISCLAIMER: The Contest is in no way sponsored, endorsed or administered by, or associated with Instagram or Twitter. By participating in the Contest, you acknowledge and agree that you are providing your entry information to Sponsor, and not to Instagram or Twitter.
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