ASSIGNMENT: EXPLORER (“Contest”)
OFFICIAL RULES (“RULES”)
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THE CONTEST. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
INTERNET ACCESS IS REQUIRED TO ENTER.
WINNER WILL BE REQUIRED TO RESPOND TO WINNER NOTIFICATION AND OTHER COMMUNICATIONS FROM SPONSOR (DEFINED BELOW) ACCORDING TO THE NOTICE(S) FROM SPONSOR OR PRIZE MAY BE FORFEITED (IN SPONSOR’S SOLE DISCRETION).
BY ENTERING THIS CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
CONTEST IS OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST TWENTY-ONE (21) YEARS OF AGE, WHO SPEAK FLUENT ENGLISH AND WHOSE ENTRIES (AS DEFINED BELOW) MEET THE ADDITIONAL ELIGIBILITY REQUIREMENTS SET FORTH BELOW.
Contest Overview: The Contest promoting the National Geographic Channel (the “Channel”) is sponsored by National Geographic Partners, LLC (the “Sponsor”) and consists of a skilled-based competition divided into two (2) distinct phases. In the first phase of the Contest (“Phase One”), Entrants (as defined below) meeting the age and residency requirements set forth above who are interested in participating in the Contest, must create and submit a video (“Video”) exploring one (1) only of these three (3) specific topics:
If you could explore outer space or the depths of the Earth’s oceans, which would you choose – and why?
Who or what is interesting in your town? How has this helped shape your point of view?
What’s next in culture, business, or science that could forever alter our lives?
Each eligible individual submitting an eligible Video (see below), and the required personal information (all as detailed below) shall be herein referred to as an “Entrant” and the submitted Video and personal information, collectively, the “Entry”. At the end of Phase One, a judging panel (as detailed below) will judge the Videos based on the Judging Criteria (as defined below) and select the three (3) highest scoring Videos. The three (3) Entrants submitting such highest-scoring videos will become the “Finalists”. In the second phase of the Contest (“Phase Two”), the Finalists will be invited to New York City (“NYC”) to participate in the final round ASSIGNMENT NEW YORK/THE CHALLENGE competition (“Final Round”) where they will create and submit a final Video (“Final Video”) based on the topics and criteria revealed in NYC at the kick-off of the Final Round.
The Contest begins at 12:01 a.m. Pacific Time (“PT”) on November 1, 2016 and ends at 11:59:59 p.m. PT on January 31, 2017 (the “Contest Period”). Entry period and judging periods’ specific dates and times are detailed below. All relevant dates and times during the Contest will be set in accordance with the Sponsor’s server, the official timekeeping device.
PARTICIPATION IN THE CONTEST BY ENTRANTS IS SUBJECT AT ALL TIMES TO COMPLIANCE WITH THESE RULES AND WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS (COLLECTIVELY, THE “APPLICABLE LAWS”).
PERSONALLY IDENTIFIABLE INFORMATION COLLECTED FROM ENTRANTS IN THIS CONTEST WILL ONLY BE USED IN CONNECTION WITH THE ADMINISTRATION OF THE CONTEST (INCLUDING, WITHOUT LIMITATION, TO DETERMINE ELIGIBILITY, FOR POTENTIAL FINALIST/WINNER NOTIFICATION PURPOSES, AND IN CONNECTION WITH PRIZE FULFILLMENT), UNLESS THE ENTRANT HAS AFFIRMATIVELY OPTED IN TO RECEIVING EMAIL UPDATES FROM SPONSOR AND ITS AFFILIATES AS PROVIDED FOR ON THE CONTEST’S ENTRY PAGE.
Eligibility: This Contest is open only to legal residents of any of the fifty (50) United States or the District of Columbia (“Eligibility Area”) who are at least twenty-one (21) years old as of the date of entry in this Contest and who speak fluent English. Employees, officers, and directors of Sponsor, BPG Advertising, West Coast Marketing, a division of The Susquehanna Hat Co. (“West Coast Marketing”), their respective advertising and promotion agencies and each of the foregoing entities’ affiliates (collectively, the “Contest Entities”), as well as Family Members (whether or not related), are not eligible to participate in the Contest. For purposes of this Contest, ”Family Members” are defined as spouse, domestic partner, mother, father, legal guardian, legal ward, in-laws, grandmother, grandfather, brother, sister, children and grandchildren. Participation in this Contest constitutes Entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor. SEE BELOW FOR ADDITIONAL ENTRY ELIGIBILITY REQUIREMENTS.
CONTEST IS VOID OUTSIDE THE ELIGIBILITY AREA AND WHERE PROHIBITED OR RESTRICTED BY LAW.
ONLY AN ENTRANT MAY PARTICIPATE IN THE CONTEST, BE DECLARED A FINALIST OR GRAND PRIZE WINNER AND/OR WIN A PRIZE. SPONSOR EXPRESSLY RESERVES FOR ITSELF THE RIGHT TO DETERMINE THE ISSUE OF ELIGIBILITY AND/OR THE RIGHT OF ANY ENTRANT TO REDEEM OR OTHERWISE BENEFIT FROM ANY PRIZE AT ANY TIME (INCLUDING, WITHOUT LIMITATION, AFTER AN ENTRANT WAS EARLIER DEEMED ELIGIBLE). NOTWITHSTANDING ANY OTHER PROVISION OF THESE RULES, IF SPONSOR DETERMINES THAT NOT ENOUGH, OR NO QUALIFIED ENTRANTS EXIST FROM WHICH TO SELECT FINALISTS, THEN SPONSOR MAY IN ITS SOLE AND EXCLUSIVE DISCRETION DETERMINE THAT NOT ENOUGH, OR NO QUALIFIED FINALISTS EXIST AND THEN MAY EITHER SUSPEND THE CONTEST OR MODIFY IT (OR ANY PARTS THEREOF) IN ANY EQUITABLE MANNER THAT SPONSOR DEEMS APPROPRIATE IN ITS SOLE AND EXCLUSIVE DISCRETION, INCLUDING, WITHOUT LIMITATION, BY NOT AWARDING THE PRIZES SET FORTH IN THESE RULES OR IMPLEMENTING A NEW STAGE OF THE CONTEST WHERE SPONSOR MAY SEEK NEW ENTRANTS AND FROM WHOSE POOL SPONSOR MAY DETERMINE NEW POTENTIAL WINNER(S).
How To Enter: Beginning at 12:01 a.m. PT on November 1, 2016 and continuing until 11:59 p.m. PT on December 20, 2016 (the “Entry Period”), eligible individuals meeting the age and residency requirements set forth above may enter the Contest by first creating their Video, in compliance with the following restrictions:
Three (3) minutes maximum;
30MB file maximum;
Accepted formats: .MOV, .AVI, .MP4, .M4V, .MKV, .MPG, .WMV, .FLV, .OGV.
After creating their Video, eligible individuals must visit the website at www.assignmentexplorer.com (the “Web Site”) and follow the on-screen links and instructions to complete and submit the entry form for the Contest, including uploading the Video and providing first and last name, city, state, zip code, email address, daytime telephone number, date of birth and optionally social media handle(s) (collectively, “Entrant Content”). All Entrant Content (including, without limitation, the Video) must comply with the “Entry Requirements and Entry Content Restrictions” detailed in that section below and otherwise comply with these Official Rules. Videos received during the Entry Period will be judged as more fully detailed below from among all other eligible Videos received during the Entry Period.
ENTRY INTO THE CONTEST REQUIRES THAT THE ENTRANT SUBMIT A VIDEO, AND THE REQUIRED PERSONAL INFORMATION. ANY ATTEMPT TO ENTER THE CONTEST BY FILLING OUT THE ENTRY FORM WITHOUT ALSO PROVIDING AN UPLOADED VIDEO WILL NOT RESULT IN A PROPER ENTRY INTO THE CONTEST.
THERE IS NO LIMIT TO THE NUMBER OF ENTRIES THAT ANY ONE (1) INDIVIDUAL MAY SUBMIT BUT EACH ENTRY MUST BE SUBMITTED SEPARATELY.
Entries must be submitted and received by Sponsor during the Entry Period through the Web Site and in strict accordance with the instructions and restrictions on the Web Site and these Official Rules. Only entries that are actually received and recorded through the Web Site on the Web Site’s servers will be considered. Sponsor’s database clock will be the official timekeeper for this Contest. Proof of submitting or attempting to submit an entry (such as, without limitation, a printed, saved or copied automated receipt confirming entry, a “thanks for entering” screen or message) does not constitute proof of actual receipt of the entry for purposes of this Contest. Those who do not abide by these Official Rules, the instructions of Sponsor and the Web Site and provide all required information will be disqualified in Sponsor’s sole discretion. Entry or participation that is forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void. Entries or participation made by any other individual or any entity or group, or originating at any web site other than as set forth specifically above, including, without limitation, through commercial promotion subscription notification or entering services, will be declared invalid and disqualified for this Contest. As a condition of entering the Contest, without limiting any other provision in these Official Rules, each Entrant gives consent for Sponsor and its agents to obtain and deliver their Personally Identifiable Information (i.e., his or her name, email address) and other information and content to third parties for the purpose of administering this Contest and complying with applicable laws, regulations, and rules. ENTRIES WILL NOT BE ACKNOWLEDGED. KEEP A COPY OR THE ORIGINAL OF EACH ELEMENT OF YOUR ENTRANT CONTENT. ANY ENTRY OR ENTRANT CONTENT THAT DOES NOT CONFORM TO THE REQUIREMENTS IN THESE OFFICIAL RULES WILL BE DEEMED INELIGIBLE IN SPONSOR’S SOLE DISCRETION.
Additional Entry Eligibility Requirements & Restrictions: In addition to any other eligibility requirements and restrictions set forth in other parts of these Rules, the following eligibility requirements and restrictions apply to each Entrant and/or to his or her submitted Contest materials (i.e., the Video):
I. Entry Requirements:
Entrants agree to and understand that Entries will be made available to the public, including without limitation, posting on the Internet. Whether or not Entries are published on the Internet, Sponsor does not covenant or guarantee any confidentiality with respect to any Entries.
Each Entry must be an original creation of the submitting Entrant which is under no restriction, contractual or otherwise, that will prevent Sponsor’s use of the Entry and each Entry must be free of any and all liens, encumbrances and claims of third parties. Entrant acknowledges, agrees and warrants that nothing in the Entry infringes on any copyrights, confidential information, trade secrets or trademarks belonging to any person or entity other than the Entrant absent a suitable license, clearance or permission agreement (proof of which is required upon submission), or violates any person's rights of privacy or publicity and that all necessary releases and permissions have been secured. Entrant agrees to indemnify and hold harmless each of Contest Entities, and each of their owners, officers, directors, employees, and affiliated organizations, and their respective officers, directors, shareholders and employees, from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by Entrant of these Rules or the warranties and representations made by Entrant in this paragraph. Modifying, enhancing or altering a third party’s preexisting work does not qualify as Entrant’s original creation.
The Video only contains the likeness and voice of the Entrant (i.e., no other person and no other person’s voice appears in the Video).
The Video was either taken/shot by the Entrant himself or herself or the Entrant has obtained from the individual or individuals who shot/took the Video the express right and consent to use such Video in connection with this Contest subject to Entrant’s broad grant of rights set forth below.
By submitting the Entrant Content, the Entrant agrees, for zero compensation, to grant to Sponsor all intellectual property rights in the Entry and each of its constituent parts, which rights include, without limitation, the Sponsor’s right to publish, license, and make available to the public and/or reproduce the Entry through any media available at any time during or after the Contest Period on any websites, in any promotional materials, whether related or unrelated to the Contest, and at any other location, whether physical or online, that Sponsor, in its sole discretion, deems appropriate and necessary for the operation and promotion of this Contest. In addition, Entrant warrants that any so called “moral rights” in the Entry have been waived and Entrant acknowledges and agrees that Sponsor may use any ideas from any Entry or other submitted materials, whether or not Entrant has been awarded a prize in connection with any such Entry or other materials. Entrant agrees to release, defend, indemnify and hold harmless each of the Contest Entities, and each of their respective owners, employees, directors, officers, shareholders, members, agents, subcontractors and licensees from all claims, demands and causes of action of any nature whatsoever which Entrant or Entrant’s heirs, representatives, executors, administrators, or any other persons acting on Entrant’s behalf or on behalf of Entrant’s estate, have or may have by reason of: (i) Sponsor’s exercise of any rights granted by Entrant in this paragraph; (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Sponsor’s use of the Entry and any portion thereof, or the likeness of any natural person therein.
Entrants are responsible for securing necessary permissions, technician/talent and location releases, and licenses for any visual and audio material contained in the Entries.
Sponsor is not responsible for any expenses incurred in the production and delivery of the Entries.
II. Entry Content Restrictions: Entries must not contain material that:
Includes any visual or audio references to alcoholic beverages, tobacco, drug paraphernalia, firearms, or any depiction or representation thereof;
Violates or infringes another’s rights, including without limitation, privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
Promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, gender identity, sexual orientation or age;
Includes any unacceptable clothing or adornments, or displays any commercial/corporate advertising other than that of Sponsor (including but not limited to corporate logos, brand names, trademarks, slogans, political, personal and religious statements);
Includes indecent or unsafe behavior or situations, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise inappropriate, indecent, profane, obscene, hateful, tortuous, slanderous or libelous;
References persons or organizations without their written permission;
Disparages any persons or organizations;
Includes threats to any person, place, business or group;
Is unlawful, in violation of or contrary to any applicable federal, state, or local laws and regulations;
Includes any unsolicited or unauthorized advertising, “commercial pitch”, promotional materials, junk mail, spam, pyramid schemes, or any other form of solicitation; and
Contains or transmits any materials that contain software viruses or other computer code, files or programs designed to impair, limit, interfere with or cause harm to any communications network operated by any of the Contest Entities or the computers of any individual or entity participating in or otherwise associated with this Contest.
Entry in this Contest in no way authorizes Entrants to use Sponsor’s Intellectual Property (“Sponsor IP”). Sponsor IP includes without limitation patents, copyrights, trade secrets, designs, trademarks (including service marks), trade dress and other similar intellectual property which may exist anywhere in the world, whether registered or unregistered, and all applications and registrations with respect to any of the foregoing. Entrants are prohibited from using any Sponsor IP in urls, on websites, or for any other use. All rights reserved.
Sponsor reserves the right in its sole discretion to disqualify from the Contest and/or remove from displaying or publishing any entry or Entrant Content that, in its sole discretion, refers, depicts, or in any way reflects negatively upon a Contest Entity, the Contest, or any other person or entity or does not comply with these requirements or these Official Rules.
Finalist Video Determination: At the end of the Entry Period, a judging panel (as detailed below) will judge the submitted Videos, based on the Judging Criteria (as defined below) and select the up to three (3) highest scoring Videos as the (potential) Finalists for advancement to Phase Two (as detailed below). For the resolution of Phase One ties, see the Resolution of Ties section below. If a (potential) Finalist is deemed ineligible or subject to disqualification for any other reason in accordance with these Rules, such Entrant will be disqualified and the eligible Entrant Video if any, that garnered the next highest total score (in the opinion of the judges) will be declared the new (potential) Finalist. The new Entrant selectee, if any, will need to meet all eligibility requirements and otherwise be in compliance with these Rules in order for such Entrant to be declared a (potential) Finalist. Sponsor’s decisions in all matters relating to this Contest will be final and binding.
In Phase Two, the up to three (3) Finalists will be invited to NYC (on dates to be determined by Sponsor but as of this writing to be expected to include the dates of 1/23/17-1/27/17) to participate in the 3-day Final Round. This Final Round will involve the Finalists planning, writing, shooting, and editing a two-minute segment Final Video based on the assignment provided. During the Final Round, each Finalist will be provided with identical camera/audio/editing equipment, a budget allocation for miscellaneous resources as provided by Sponsor and a camera operator. Finalists will be provided with the Final Round assignment, instructions and deadlines at the start of the Final Round.
At the end of Phase Two, a judging panel (as detailed below) will judge the Final Round Final Videos, based on the Judging Criteria. The eligible Entrant whose Final Video received the highest total score (in the opinion of the judges) will be declared the Contest’s (potential) Grand Prize Winner.
For the resolution of Phase Two ties, see the Resolution of Ties section below. If the (potential) Grand Prize Winner is deemed ineligible or subject to disqualification for any other reason in accordance with these Rules, such Entrant will be disqualified and the eligible Final Video if any, that garnered the next highest total score (in the opinions of the judges) in the Final Round will be declared the new (potential) Grand Prize Winner. The new Entrant selectee, if any, will need to meet all eligibility requirements and otherwise be in compliance with these Rules in order for such Entrant to be declared the (potential) Grand Prize Winner. Sponsor’s decisions in all matters relating to this Contest will be final and binding.
Judging Criteria: Each eligible Video or Final Video (as applicable) will be judged (by, as applicable, the judging panel in Phase One, and if named a Finalist, by the judges in Phase Two) in accordance with the following judging criteria (the “Judging Criteria”):
#1 On-Camera Performance
#2 Storytelling Capabilities
#3 Production Quality
IN PHASE ONE, JUDGES’ SCORING WILL BE AVERAGED AMONG PARTICIPATING JUDGES. NO ENTRANT RECEIVING A TOTAL AVERAGE SCORE OF LESS THAN 75 POINTS IN PHASE ONE WILL BE ELIGIBLE TO CONTINUE TO PHASE TWO OF THE CONTEST.
Resolution of Ties: In the event of a Phase One Tie, the tied Video that received the higher total score from all judges in the “On-Camera Performance” category will be declared the (potential) Finalist Video and the Entrant who submitted the Video that scored the highest in the “On-Camera Performance” category as the (potential) Finalist. In the event of a remaining tie, the tied Video that received the higher total score from all judges in the “Storytelling Capabilities” category will be declared the (potential) Finalist Video and the Entrant who submitted the Video that scored the highest in the “Storytelling Capabilities” category as the (potential) Finalist. In the event of a remaining tie, the tied Video that received the higher total score from all judges in the “Production Quality” category will be declared the (potential) Finalist Video and the Entrant who submitted the Video that scored the highest in the “Production Quality” category as the (potential) Finalist. In the event of a remaining tie, the tied Video that received the higher total score from all judges in the “Uniqueness” category will be declared the (potential) Finalist Video and the Entrant who submitted the Video that scored the highest in the “Uniqueness” category as the (potential) Finalist. If needed, the judges will re-score the tied Videos in all four (4) categories until the relevant tie is broken.
In the event of a Phase Two Tie, the tied Final Video that received the higher total score from all judges in the “On-Camera Performance” category will be declared the (potential) Grand Prize winning Final Video and the Entrant who submitted the Final Video that scored the highest in the “On-Camera Performance” category as the (potential) Grand Prize Winner. In the event of a remaining tie, the tied Final Video that received the higher total score from all judges in the “Storytelling Capabilities” category will be declared the (potential) Grand Prize winning Final Video and the Entrant who submitted the Final Video that scored the highest in the “Storytelling Capabilities” category as the (potential) Grand Prize Winner. In the event of a remaining tie, the tied Final Video that received the higher total score from all judges in the “Production Quality” category will be declared the (potential) Grand Prize winning Final Video and the Entrant who submitted the Final Video that scored the highest in the “Production Quality” category as the (potential) Grand Prize Winner. In the event of a remaining tie, the tied Final Video that received the higher total score from all judges in the “Uniqueness” category will be declared the (potential) Grand Prize winning Final Video and the Entrant who submitted the Final Video that scored the highest in the “Uniqueness” category as the (potential) Grand Prize Winner. If needed, the judges will re-score the tied Final Videos in all four (4) categories until the relevant tie is broken.
Notification of (Potential) Finalists & Grand Prize Winner: At the conclusion of Phase One judging, the (potential) Finalists will be notified by telephone and/or email and will be required to respond to such notification within two (2) days, verifying eligibility in the Contest and ability to participate in the Final Round.
The (potential) Finalists will also each be sent a congratulatory package that includes an Affidavit of Eligibility/Release of Liability and (except where prohibited) Publicity Release form (the “Affidavit”) and IRS #W-9 form (“W9”). In order for the (potential) Finalist to be declared a Finalist and to be able to participate in the Final Round, the (potential) Finalist will be required to execute the Affidavit and return it and a completed W9 to the Contest Administrator within five (5) business days of issuance. Failure to return the Affidavit correctly completed and executed and completed W9, within the required time period or comply in any way with these Rules will result in forfeiture of the Finalist position.
A prepaid overnight delivery air bill will be included in the congratulatory package to facilitate the return of the executed Affidavit and Release documents, and any other requisite documentation requested by Sponsor (“Documentation”). If at the time of attempted notification, the (potential) Finalist cannot be reached within a reasonable period (as determined by Sponsor) and after a few reasonable attempts, and/or if the (potential) Finalist is found not to meet the eligibility requirements or is otherwise found not to be in compliance with these Rules or be able to participate in the Final Round, or if any notification is returned as undeliverable for any reason, the (potential) Finalist may at Sponsor’s sole discretion be disqualified and, time permitting, as determined by Sponsor in its sole and exclusive discretion, the Entrant associated with the Video that received the next highest total score (as described above) will be deemed the (potential) Finalist. If the new potential alternate is found not to meet all the eligibility requirements set forth in these Rules, Sponsor may, in its sole and exclusive discretion, determine that there are no or fewer than three (3) Finalists in this Contest or, time permitted, as determined by Sponsor in its sole and exclusive discretion, continue this process and seek to select a new alternate from the remaining Videos. Any new selectee, if any, will have to meet all eligibility requirements and otherwise be in compliance with these Rules in order to be declared a Finalist.
At the conclusion of Phase Two judging, the (potential) Grand Prize Winner will be announced via social media and via channel.nationalgeographic.com and/or www.assignmentexplorer.com. The Grand Prize Winner will be notified via telephone and/or email and will be required to execute and return any and all contractual documentation (collectively referred to as the “Contract”) as required by Sponsor or its designee.
If the (potential) Grand Prize Winner is found not to meet the eligibility requirements or is otherwise found not to be in compliance with these Rules, or if any notification is returned as undeliverable for any reason, the (potential) Grand Prize Winner may at Sponsor’s sole discretion be disqualified and, time permitting, as determined by Sponsor in its sole and exclusive discretion, the Entrant associated with the Final Video that received the next highest total score (as described above) will be deemed the (potential) Grand Prize Winner. If the new potential alternate is found not to meet all the eligibility requirements set forth in these Rules, Sponsor may, in its sole and exclusive discretion, determine that there is no Grand Prize Winner in this Contest or, time permitted, as determined by Sponsor in its sole and exclusive discretion, continue this process and seek to select a new alternate from the remaining Finalist Videos or if necessary submitted Videos. Any new selectee, if any, will have to meet all eligibility requirements and otherwise be in compliance with these Rules in order to be declared the Grand Prize Winner.
Prizes: Grand Prize (1 available): The Grand Prize consists of a ten (10) month service contract (dates between February 2017 and December 2017 which may be referred to hereafter as the "Term" for the Grand Prize winner to act as the National Geographic Explorer's Digital Correspondent ("DC"). The ARV of the Grand Prize is $90,000 and shall be paid in equal monthly installments during the Term subject to the Grand Prize winner fulfilling all required monthly DC assignments as specified in the Contract.
The DC must be available by phone and email correspondence with the producer for planning and creative reviews several times per week from February 2017-December 2017.
The DC must be available for travel and filming at a TBD location in the US on the following dates in 2017: January 9-11, February 15-17, March 28-31, April 19-20, May 31-June 2, Two other three-day segments TBD to be in July and August (DATES ARE TBD DEPENDING ON LOCATION AVAILABILITY).
The DC must be available for travel and filming at a TBD location in the US on the following dates in 2017: January 9-11, February 15-17, March 28-31, April 19-20, May 31-June 2 (DATES ARE TBD DEPENDING ON LOCATION AVAILABILITY).
Ifat any time during the Term, Grand Prize Winner is unable or unwilling to fulfill the duties of DC, the Grand Prize service contract will be considered null and void and Sponsor may choose to determine (in any way at its sole discretion) an alternate Grand Prize Winner and award any remainder of the Grand Prize to that person.
Finalist Prizes (Up to 3 available): Each Finalist Prize consists of a trip (subject to Travel Prize Conditions specified below) for the eligible Finalist to NYC to participate in the Final Round. The trip includes the following: (i) roundtrip (“R/T”) economy (coach) class airfare for Finalist from a major U.S. gateway airport near the Finalist’s hometown (as determined by Sponsor) and within the Eligibility Area to NYC; (ii) four (4) consecutive nights’ hotel (“Hotel”) accommodations (single standard room; room and room tax only) in the NYC area; (iii) R/T ground transfers between NYC airport and Hotel; and (iv) participation in Final Round. Specific dates of travel, air carrier(s), Hotel, and all other elements of the Finalist Prize are at the sole discretion of Sponsor or its designee(s). If the Final Round is canceled or delayed, the remaining elements of the Finalist Prize (as detailed above) shall constitute the complete and total Grand Prize to be awarded. The approximate retail value (“ARV”) of the Finalist Prize is $5,000 each. Finalist must be able to travel on dates necessary to participate in the Final Round or the Finalist Prize will be forfeited in its entirety and no additional prize element substituted and an alternate Finalist may be determined at sole discretion of Sponsor. If Finalist lives within 150 miles of NYC (as determined by Sponsor), airfare will not be provided and no ground transportation or additional compensation will be provided in lieu thereof. The actual value of the travel portion may vary depending on city of departure, dates and times of travel, airfare fluctuations and Hotel charges at the time of travel bookings. Therefore, the actual value of the Finalist Prize awarded may be lower or higher at the time it is fulfilled. Any difference between actual value and stated ARV will not be awarded. Travel is subject to the restrictions and conditions set forth below. Any costs associated with Finalist Prize receipt and/or use that are not expressly stated above are not included in the Finalist Prize and are the responsibility solely of the Finalist. Such costs may include, without limitation, any ground transportation (other than as expressly provided above), any unspecified state or local taxes or government surcharges or fees, trip and travel insurance and premiums, excursions, meals, drinks, incidentals, gratuities, telephone calls, charges for changing dates or other personal costs and expenses not specified herein and are the sole responsibility of the Finalist. All travel arrangements are to be administered by Sponsor or its designee. Finalist will be required to provide valid Federal or state government issued photo ID at time of travel. Air transportation and Hotel accommodations must be taken together and cannot be taken separately. No changes will be made to travel details once any element(s) of the travel arrangements have been booked except at Sponsor’s sole discretion. All airline tickets issued in conjunction with the Finalist Prize are not eligible for frequent flyer miles or any other promotional benefit. Sponsor or its designee will not replace any lost or stolen tickets, travel vouchers or certificates or similar items once they are in the Finalist Prize winner’s possession. Finalist Prize travel is subject to capacity controls, availability and certain other restrictions, which may include a Saturday night stay, all of which are subject to change. Holiday and other blackout dates may apply. No stopovers are permitted on tickets issued as the Finalist Prize; if a stopover occurs, the Finalist Prize will terminate and full fare will be charged from the stopover point for the remaining trip segment(s), including the return. Once Hotel and flight arrangements have been confirmed, no changes will be allowed except by Sponsor. Any unclaimed and/or unused Finalist Prize travel package will remain the property of Sponsor.
Awarding of each prize is subject to the prize winner’s acceptance of all requisite conditions within these Rules and prize winner’s ability and agreement to grant the rights set forth in these Rules and the Affidavit or Employment Contract (as applicable).
The total ARV of all prizes available in the Contest is $105,000. The prizes will be awarded as detailed above but any prize awarded may subsequently be rescinded by Sponsor at any time if Sponsor determines that any of the prize winners who were awarded their prize did not meet the eligibility requirements set forth in these Rules or were otherwise not in compliance with these Rules. Sponsor reserves the right to disqualify any potential prize winner and/or not award a prize to a winner if it is discovered that such winner has been charged with (and currently pending final resolution) or convicted of any criminal offense (felony or misdemeanor) or is found to have committed any act which might tend to bring prize winner, Contest Entities, the Channel or its promotional campaign, or any other individual or entity into public disrepute, contempt, scandal, or ridicule, or which might tend to reflect unfavorably on Contest Entities, the Channel or its promotional campaign, as determined by Sponsor in its sole and exclusive discretion. No transfer or substitution for any prizes (or prize components) allowed, except at Sponsor’s sole discretion, due to prize unavailability for any reason, and only then for a prize (or prize component) of comparable value. No cash equivalent for any prize allowed other than as determined in the sole discretion of the Sponsor. All federal, state, and/or other taxes, if any are the sole responsibility of the winners.
General Contest Conditions; Sponsor’s Right to Modify or Suspend Contest or Any Parts Thereof: By participating, each Entrant agrees to be bound by these (i) Rules and (ii) all Applicable Laws. The submitted materials (including but not limited to the Videos) shall remain the property of Sponsor and shall not be acknowledged or returned. All materials generated in connection with the administration or judging of the Contest (including, without limitation, score sheets and other judging materials) shall be deemed Sponsor’s sole and exclusive proprietary and confidential information. Videos, as included on the Web Site or other Sponsor websites, may differ from the materials actually submitted by an Entrant due to technical errors, compatibility problems, or editing/modification by Sponsor, and Sponsor shall have no liability related thereto. Sponsor reserves the right to, at any time, cause the removal of any of the Videos submitted by the Entrants who submitted the Videos, from any site (including without limitation, the Web Site), or other media associated with the Contest or its promotion, and/or deem disqualified from further participation into the Contest, any Entrant submitting such removed Video, in the event of an error (by any one or more of the Contest Entities) or determination by Sponsor that the Video at issue or the Entrant who submitted it or them are ineligible or otherwise non-compliant with these Rules, and/or for any other reason that Sponsor deems fair and equitable and in accordance with these Rules. Any Entrant that Sponsor finds to be: (i) tampering with the operation of the Contest through any means; (ii) acting in violation of the Rules or any of the Applicable Laws; or (iii) acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, harass, harm, mislead, or defraud any other individual or entity; will be ineligible to win or benefit from a prize and Sponsor will seek all remedies available to it, including, if appropriate, filing appropriate complaints with legal authorities. IF, FOR ANY REASON, THE CONTEST, ANY OF ITS PHASES, OR ANY OTHER COMPONENT PARTS THEREOF ARE NOT CAPABLE OF RUNNING AS ORIGINALLY PLANNED, SPONSOR, IN ITS SOLE AND EXCLUSIVE DISCRETION, RESERVES THE RIGHT TO CANCEL, SUSPEND OR MODIFY THE CONTEST (INCLUDING, WITHOUT LIMITATION, ANY OF ITS PHASES AND/OR ANY OTHER COMPONENT PARTS THEREOF, OR THESE RULES (IN WHOLE OR IN PART), AND/OR ANY OF THE PRIZING TO BE AWARDED HEREUNDER) IN A MANNER THAT IS FAIR AND EQUITABLE AS DETERMINED BY SPONSOR IN ITS SOLE AND EXCLUSIVE DISCRETION.
FORCE MAJEURE: Contest Entities shall not be liable to a prize winner or any other person for failure to supply a prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, network or computer problems, internet problems, hacking, computer viruses, unauthorized computer access, tampering, or any other cause beyond Sponsor’s sole control. Contest Entities shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air carrier(s), Hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. Releasees’ legal responsibility for loss or damage to baggage shall be strictly governed by the Warsaw Convention and the other applicable conditions of carriage set forth on the passengers’ tickets.
Grant of Rights: By participating in the Contest, each Entrant hereby grants and agrees to grant to Sponsor and its affiliates, and to their respective successors, licensees, assignees and other authorized designees, a perpetual, fully-paid, royalty-free, transferable, fully sublicenseable, worldwide, irrevocable, non-exclusive right and license to reproduce, transcode, edit, modify, combine with others, create derivative works from, transmit, disseminate, distribute, make available, exhibit, perform, publish and otherwise exploit the Entrant’s Video or Final Video (as applicable) and the Entrant’s likeness, image, voice and statements as such may appear in the Video in any media, manner, technology or content delivery mechanism now known or hereinafter devised for the following purposes: (A) in connection with the Contest, its administration, judging, promotion, advertising or publicity, and/or (B) otherwise in connection with the promotion, advertising, publicity or other exploitation of the Release (including, without limitation its home entertainment release), and/or any subsidiary and ancillary rights of any nature relating to the Release, and/or (C) as otherwise desired by Sponsor in its sole discretion not in connection with the Contest or the Release, each of the foregoing without the necessity of obtaining further consent or making any payments.
DISCLAIMERS AND LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES: BY PARTICIPATING IN THE CONTEST, EACH ENTRANT AGREES: (I) TO BE BOUND BY THESE RULES AND ALL APPLICABLE LAWS; (II) TO WAIVE ANY RIGHTS TO CLAIM AMBIGUITY WITH RESPECT TO THESE RULES AND ANY PROMOTIONAL MATERIALS RELATED TO THE CONTEST; (III) WAIVE ALL OF HIS/HER RIGHTS TO BRING ANY CLAIM, ACTION, OR PROCEEDING AGAINST ANY OF THE CONTEST ENTITIES; AND (IV) TO RELEASE EACH OF THE CONTEST ENTITIES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES OR OTHER AUTHORIZED DESIGNEES FROM ANY LIABILITY (INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR ANY PROPERTY LOSS, DAMAGE, PERSONAL INJURY, BODILY INJURY, DEATH, LOSS, EXPENSE, ACCIDENT, DELAY, INCONVENIENCE OR IRREGULARITY) THAT MAY ARISE IN CONNECTION WITH, AS APPLICABLE: (A) ENTRANT’S PARTICIPATION OR INABILITY TO PARTICIPATE IN THE CONTEST; (B) AMBIGUOUS JUDGING CRITERIA; (C) TYPOGRAPHICAL ERRORS IN THE RULES OR ANY OFFLINE, ONLINE, OR WIRELESS CONTEST-RELATED PROMOTIONAL MATERIAL; (D) ACCEPTANCE OR POSSESSION, DEFECTS IN, USE, MISUSE OR INABILITY TO USE ANY PRIZE (OR ANY COMPONENT THEREOF); (E) ANY CHANGE IN PRIZING AS PERMITTED HEREUNDER OR OTHERWISE DUE TO REASONS BEYOND ANY OF THE CONTEST ENTITIES’ CONTROL; (F) HUMAN ERROR; (G) INCORRECT OR INACCURATE TRANSCRIPTION, RECEIPT, TRANSMISSION, CODING, TRANSCODING, OR COMPUTING OF ANY ENTRY OR ANY OTHER MATERIALS; (H) ANY TECHNICAL MALFUNCTIONS OR UNAVAILABILITY OF ANY WEB SITE, APPLICATION, TELEPHONE NETWORK, COMPUTER ONLINE SYSTEM, COMPUTER DATING MECHANISM, COMPUTER EQUIPMENT, SOFTWARE, INTERNET OR WIRELESS SERVICE PROVIDER, U.S. MAIL SERVICE, PRIVATE MAIL SERVICE OR COURIER UTILIZED BY ANY OF THE CONTEST ENTITIES OR BY AN ENTRANT; (I) INTERRUPTION OR INABILITY TO ACCESS THE WEB SITE OR ANY OTHER PARTICIPATING WEB SITES, ANY CONTEST-RELATED WEB PAGES, OR ANY ONLINE SERVICE VIA THE INTERNET, OR WIRELESS SERVICE DUE TO HARDWARE OR SOFTWARE COMPATIBILITY OR OTHER PROBLEMS; (J) ANY LOST/DELAYED DATA TRANSMISSIONS, OMISSIONS, INTERRUPTIONS, DEFECTS, AND/OR ANY OTHER ERRORS OR MALFUNCTIONS; (K) ANY WRONGFUL, NEGLIGENT, OR UNAUTHORIZED ACT OR OMISSION ON THE PART OF ANY OTHER ENTRANT OR INDIVIDUAL PURPORTING TO ACT ON BEHALF OF ANY SUCH ENTRANT, AND/OR ANY OF THE CONTEST ENTITIES AND/OR ANY OF THEIR AGENTS, EMPLOYEES OR AUTHORIZED DESIGNEES; (L) ANY WRONGFUL, NEGLIGENT, OR UNAUTHORIZED ACT OR OMISSION ON THE PART OF ANY OTHER PERSON OR ENTITY NOT AN EMPLOYEE OF ANY OF THE CONTEST ENTITIES; OR (M) ANY OTHER CAUSE, CONDITION OR EVENT WHATSOEVER BEYOND THE CONTROL OF ANY ONE OR MORE OF THE CONTEST ENTITIES. EACH WINNER OF A PRIZE HEREBY ACKNOWLEDGES THAT THE CONTEST ENTITIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO ANY PRIZE OR COMPONENT THEREOF.
ARBITRATION: BY PARTICIPATING IN THIS CONTEST, EACH ENTRANT AGREES THAT ANY CONTROVERSY, DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTEST OR THESE RULES, OR THE INTERPRETATION OR ENFORCEMENT OF THESE RULES, OR THE ARBITRABILITY OF ANY SUCH CONTROVERSY, DISPUTE OR CLAIM, MUST BE SUBMITTED TO, AND DETERMINED EXCLUSIVELY BY, FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF JAMS (JUDICIAL ARBITRATION AND MEDIATION SERVICES). THE ARBITRATION SHALL BE HELD IN LOS ANGELES, CALIFORNIA. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES, OR IF THE PARTIES CANNOT AGREE, THE ARBITRATOR SHALL BE APPOINTED BY THE ARBITRATION SERVICE. THE FEES OF THE ARBITRATOR SHALL BE BORNE EQUALLY BY THE PARTIES, PROVIDED THAT THE ARBITRATOR MAY REQUIRE THAT SUCH FEES BE BORNE IN SUCH OTHER MANNER AS THE ARBITRATOR DETERMINES IS REQUIRED IN ORDER FOR THIS ARBITRATION CLAUSE TO BE ENFORCEABLE UNDER APPLICABLE LAW. THERE SHALL BE A RECORD OF THE PROCEEDINGS AT THE ARBITRATION HEARING AND THE ARBITRATOR SHALL ISSUE A STATEMENT OF DECISION SETTING FORTH THE FACTUAL AND LEGAL BASIS FOR THE ARBITRATOR'S DECISION. THE ARBITRATOR SHALL HAVE THE POWER TO ENTER TEMPORARY RESTRAINING ORDERS, PRELIMINARY AND PERMANENT INJUNCTIONS. PRIOR TO THE APPOINTMENT OF THE ARBITRATOR OR FOR REMEDIES BEYOND THE JURISDICTION OF AN ARBITRATOR, AT ANY TIME, SPONSOR MAY SEEK PENDENTE LITE RELIEF IN A COURT OF COMPETENT JURISDICTION IN LOS ANGELES, CALIFORNIA WITHOUT THEREBY WAIVING ITS RIGHT TO ARBITRATION OF THE DISPUTE OR CONTROVERSY UNDER THIS PARAGRAPH. ALL ARBITRATION PROCEEDINGS SHALL BE CLOSED TO THE PUBLIC AND CONFIDENTIAL AND ALL RECORDS RELATING THERETO SHALL BE PERMANENTLY SEALED, EXCEPT AS NECESSARY TO OBTAIN COURT CONFIRMATION OF THE ARBITRATION AWARD.
Indemnification: Each Entrant shall indemnify, defend and hold harmless each of the Contest Entities and their respective employees, agents, shareholders, officers, and directors (collectively, the “Indemnified Parties”) from and against any and all third party claims, demands, causes of action, proceedings, expenses, and/or liabilities resulting or arising from or in connection with : (i) Sponsor’s and/or any of its affiliates’ or their respective licensees’ and/or authorized designees’ exercise of any of their rights granted hereunder, and/or their use, as permitted hereunder, of the Entrant’s Video or Final Video (as applicable); (ii) the Entrant’s participation in the Contest ; (iii) the Entrant’s failure to comply with any one or more of the Rules or any Applicable Laws; and/or (iv) Entrant’s submission of a Video shot/taken by someone other than the Entrant without the Entrant’s having obtained from the person(s) who shot/took the Video permission to use such Video in connection with the Contest as set forth herein and to grant Sponsor, its affiliates and their licensees and authorized designees the right to use such Video as set forth in the Grant of Rights section of the Rules.
Governing Law: The internal substantive laws (as distinguished from the choice of law rules) of the State of California and the United States of America applicable to contracts made and performed entirely in California shall govern the validity and interpretation of these Rules and all other causes of action (whether sounding in contract or in tort) arising out of or relating to the Contest or these Rules.
No Injunctive Relief: EACH ENTRANT UNDERSTANDS AND AGREES THAT HE/SHE SHALL HAVE NO RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, ADVERTISING, PROMOTION, DISTRIBUTION OR EXPLOITATION OF THE CONTEST OR THE CHANNEL, OR ANY OTHER PROJECT OF SPONSOR OR ANY OF ITS AFFILIATES.
Rules/Winners List: For a copy of these Rules or the Winners List, send a self-addressed, stamped envelope to: Assignment: Explorer - Rules/Winners List (specify which), c/o West Coast Marketing, 22287 Mulholland Highway, #396, Calabasas, CA 91302. All requests must be received by April 15, 2017. Vermont residents may omit return postage if requesting the Rules. The Rules will be made available on the Web Site during the Contest Period.
Contest Administrator: West Coast Marketing, a division of The Susquehanna Hat Company, 22287 Mulholland Highway, #396, Calabasas, CA 91302. Contest Administrator is not the supplier or guarantor of any prize.
Sponsor: National Geographic Partners, LLC, 1145 17th Street, NW, Washington, DC 20036-4688.
© 2016 National Geographic Partners, LLC. All rights reserved.