Microsoft word - greenpenguin_contestrules_final.doc

Green Penguin Spotting Contest – Official Rules

1. Organizer: The Competition is organized by 21c Museum Hotels LLC, located at 710 West Main Street, 3rd,
Louisville, KY 40202 and Crystal Brides Museum of American Art, located at 600 Museum Way Bentonville, AR
72712 (“Organizer”).
2. Binding Agreement: In order to enter the Competition, each entrant (“you”) must agree to these Official Rules.
Therefore, please read these Rules carefully prior to entry to ensure that you understand and agree. You agree that
submission of an entry in the Competition constitutes agreement to these Rules. You may not submit an entry to the
Competition and you are not eligible to receive the prizes described in these Rules unless you agree to these Rules.
These Rules form a binding legal agreement between you and Organizer with respect to the Competition. You must
have access to the Internet and a valid e-mail address in order to enter the Competition.
3. Eligibility: The Competition is open to residents of the United States who are least twenty-one (21) years of age.
Employees of Organizer and its affiliates, as well as their immediate families (spouse, parent, sibling, child, and
spouse of any of the foregoing) and those living in their immediate households, whether or not related, are not eligible
to enter the Competition or to win a prize. The Competition is subject to all applicable federal, state and local laws
and regulations, and is void where prohibited by law.
4. Entry Period: The Competition entry period begins July 22nd, 2013 at noon and is expected to end on July 31st, 2013 at noon (the “Entry Period”). However, the Organizer reserves the right to end the Entry Period prior to July 31st, 2013 in its sole discretion. 5. How to Enter: No purchase is necessary to enter. During the Entry Period, the Organizer will post a daily photography at 21cBentonville.com/spotted of a Green Penguin exploring Crystal Bridges Museum of American Art. The daily photos may also be shared: -on the 21c Museum Hotel Facebook page (http://www.facebook.com/21cMuseumHotels) -on the Crystal Brides Facebook page (https://www.facebook.com/crystalbridgesmuseum) -via @21cBentonville on twitter (https://twitter.com/21cBentonville) -via @CrystalBridges on twitter (https://twitter.com/crystalbridges) -on the 21c Museum Hotel Pinterest page (http://pinterest.com/21cmuseumhotels/) -on the Crystal Bridges Pinterest page (http://pinterest.com/crystalbridges/) Identify the artwork the Green Penguin is pictured with and email the name of the artwork and artist to spotted@21cHotels.com. Each entrant may submit a maximum of one entry per day. 6. Submission Requirements: By submitting an entry in the Competition (the “Submission”), you represent, warrant, and agree to the following: • You are the sole and exclusive owner and rights holder of your Submission. • You have not entered into or become subject to any contract, agreement or understanding that conflicts with your ability to enter into this legally binding agreement and convey the rights set forth herein. • Your Submission shall not infringe any third-party proprietary, intellectual property or other rights, including, without limitation, copyright, trademark, patent, trade secret or confidentiality obligation. • The Organizer accepts no responsibility for (i) lost or delayed submissions, (ii) any technical difficulties in transmitting Submissions, or (iii) any problems encountered while using Facebook.com and/or Twitter.com and/or Pinterest.com. 7. License Grant: By submitting a Submission, you grant to Organizer, its affiliates, and their respective successors and assigns, a nonexclusive, unlimited, worldwide, perpetual, royalty-free license to publish, reproduce, display, transmit, distribute, adapt, make derivative works of, and otherwise use your Submission, in any media now known or not yet existing for any and all purposes. You hereby acknowledge that you shall not be entitled to any compensation for any use of your Submission by Organizer. 8. Winner Selection: After the completion of the Entry Period, the Organizer will select 10 daily winners and one Grand Prize winner from the Submissions through a random drawing. The Organizer’s computation of the Grand Prize Winner will be final and not subject to appeal or additional review. 9. Prizes: Grand Prize: (1) 21c Bentonville Art Exploration Package (approximate value $400) Daily Prizes: (10) Two Tickets to Crystal Bridges Art Night Out (value $50) or Four Tickets to Angels & Tomboys exhibition (value $20) There is no cash alternative and prizes must be taken as offered. Organizer reserves the right to substitute prize(s) of an equivalent value should the prizes become unavailable for any reason. If a winner chooses not to accept the prize, an alternate winner will be chosen. All federal, state, and local taxes on the value of the prizes are the sole responsibility of the winners. Each winner agrees to sign and return to Organizer any tax and release forms that Organizer may require; failure to do so within the applicable time period may result in disqualification and forfeiture of his or her prizes. Return of any prize/prize notification may result in disqualification and selection of an alternate winner. Any potential winner who cannot be contacted within twenty-four (48) hours of attempted first notification may result in disqualification and forfeiture of his or her prizes. 10. Right to Use Name, Likeness, and Other Identifying Information: By submitting a Submission, you grant to Organizer, its affiliates and their respective successors and assigns, the right, except where prohibited by law, to use your name, likeness, city and state, biographical information, email address, and Submission materials for all purposes, including, but not limited to, press and media communications, without further compensation to you. You also agree to participate in any media or promotional activity regarding the Competition. If you are a winner, you agree that Organizer may use your name and likeness to administer and promote the Competition and to conduct media interviews and promotional events, and you hereby explicitly waive your rights of privacy and publicity under applicable law. 11. Personal Data: By participating in this Competition, you agree that Organizer can collect certain personal information from you, and that if Organizer cannot collect the required data, you may not be eligible to participate in the Competition. 12. General Conditions: This Competition is governed by the laws of the State of Kentucky, United States. All federal, state and local laws and regulations apply. By participating in this Competition, you agree to be bound by the terms of these Official Rules which will be posted at 21cBentonville.com/spotted throughout the Entry Period, and by the decisions of Organizer, which are final and binding on all matters pertaining to this Competition. Organizer reserves the right, in its sole discretion, to disqualify any entrant found to be (1) tampering or attempting to tamper with the entry process or the operation of the Competition; (2) violating the Official Rules; (3) violating the terms of service, conditions of use or general rules or guidelines of any Organizer property or service; or (4) acting with the intent to annoy, abuse, threaten or harass any other person. Any false information provided within the context of the Competition by any entrant concerning identity, postal address, or ownership of rights in the Submission, and/or non-compliance with Official Rules may result in the immediate elimination of the entrant from the Competition. Organizer further reserves the right to disqualify any entry that it believes, in its sole discretion, infringes or violates the rights of any third party or otherwise does not comply with the Official Rules. This Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or Pinterest. The Organizer hereby releases Facebook, Twitter and Pinterest of any liability relating to the Competition. Organizer, its affiliates, and their respective officers, directors, trustees, employees, agents, successors and assigns (collectively, the “Released Parties”) are not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect or delay in operations or transmission. Released Parties are not responsible for theft or destruction or unauthorized access to or alterations of Competition materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind. Released Parties are not responsible for inaccurate transmissions of or failure to display Competition materials as a result of technical problems or traffic congestion on the Internet or at any website or any combination thereof. If for any reason the Internet portion of the Competition is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Competition, Released Parties reserve the right, in their sole discretion, to cancel, terminate, modify or suspend the Competition. 13. LIMITATIONS OF LIABILITY; INDEMNIFICATION: TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY LIABILITY, CLAIMS, DEMANDS, LOSSES, DAMAGES, COSTS AND EXPENSES RESULTING FROM, RELATED OR INCIDENTAL TO (1) ANY ACT, OMISSION, DEFAULT OR BREACH BY YOU OF THE RULES OR ANY WARRANTY BY YOU SET FORTH HEREIN; AND (2) YOUR PARTICIPATION IN THE COMPETITION AND/OR YOUR USE OR ACCEPTANCE OF ANY PRIZE WON. 14. Severability: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.

Source: http://www.21cmuseumhotels.com/bentonville/files/2013/07/GreenPenguin_ContestRules_Final.pdf