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Parkland Underground Contest Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

Parkland ‘Parkland Underground’ Contest (the “Contest”) entry period starts on April 8, 2016, at 5:00 p.m. Pacific Time (“PT”) and ends on May 13, 2016, at 11:59 p.m. PT (the “Entry Period”).

ELIGIBILITY: The Contest is open to residents of the 50 United States, District of Columbia and Canada (excluding Quebec) who have reached the age of majority in their state, province or territory of residence as of the start of the Entry Period. Entrants must have a valid Instagram account in order to enter. Employees, directors, officers, agents and other representatives of Parkland (the “Sponsor”) or Instagram, are not eligible to enter or win. The Contest is subject to all applicable federal, state, provincial, and local laws and regulations. VOID IN QUEBEC AND WHERE PROHIBITED BY LAW.

HOW TO ENTER: During the Entry Period, entrants must capture an original photo showing an aspect of any given city’s underground (architecture, tunnels, transit, etc.) or how they explore and experience the city’s underground (the “Photo”). Entrant must then upload the Photo to their Instagram account (available for download to IOS, Android and Windows smart phones), which must be public (photos posted on private Instagram accounts are not eligible), follow the Parkland Design and Manufacturing Inc. Instagram account (user name @ParklandMfg) and tag their photo by the use of #ParklandUnderground and @ParklandMfg in the caption of their uploaded photo.

Entrants may enter the contest more than one time, but each entry must be a different Photo. An entrant may only enter Photos that he/she took. All Photos must meet the Photo Requirements described below. Submitting a Photo is not an indication that the entrant has won a prize or is otherwise eligible for a prize.

Any Photo that the Sponsor deems, in its sole discretion, to not comply with the Photo Requirements or to otherwise violate the terms and conditions set forth in these Official Rules will be removed from the Contest. (See the official contest rules for more details) www.parklandmfg.com/pages/contest-rules

Entries generated by script, macro or other automated means are void. The Sponsor is not responsible for late, lost, misdirected, delayed, incomplete or incompatible entries or Photos. Sponsor reserves the right in its sole discretion to disqualify any entrant it finds to be attempting to tamper with or undermine the entry process or the legitimate operation of the Contest or to be acting in violation of these Official Rules.

LICENSE/USE OF ENTRIES: By submitting a Photo, each entrant: (a) gives the Sponsor a non-exclusive, perpetual, transferrable, irrevocable, royalty-free, fully paid-up license to (i) use, modify, publish, create derivative works from, and display his/her Photo (including any caption posted with his/her Photo), in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes; (ii) to use his/her name, Instagram username and any statements made by him/her in connection with his/her entry; (b) waives all rights and moral rights in and to his/her Photo, captions or statements in favor of the Sponsor, and their successors and assigns; and (c) agrees to release and hold harmless the Sponsor, their advertising and promotion agencies, and each of their respective agents, employees, directors, successors and assigns (the “Released Parties”) from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action.  For greater certainty, the Sponsor reserves the right, in its sole discretion, to modify, edit or remove any Photo, or to request an entrant to modify or edit any Photo, if a complaint is received with respect to the Photo, or for any other reason.

PHOTO REQUIREMENTS: Photos must meet the following “Photo Requirements”:

Must meet all the of the requirements set out in these Official Rules, including the Instagram specific requirements set out above.

Must be the original work of the entrant, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity.

Must not contain, as determined by the Sponsor in its sole discretion, any content that: is sexually explicit; violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane, vulgar, offensive; contains nudity; promotes alcohol, drugs, tobacco, firearms/weapons; promotes any activities that may be or appear to be unsafe or dangerous or illegal; promotes any particular political agenda or message; defames, misrepresents or contains disparaging or defamatory remarks about other people or companies; contains any personal information, contains copyrighted materials owned by others; and/or violates any law or regulation; contains commercial messages, comparisons or solicitations for products or services; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole discretion.

Must never have been previously exhibited publicly outside of this Contest or selected as a winner in any other contest.

By submitting a Photo, entrant warrants and represents that he/she and any persons appearing or who are identifiable in the Photo consent to the submission and use of the Photo in the Contest, and the license to use the Photo in accordance with these Official Rules. By submitting a Photo, entrant hereby grants permission for the Photo to be posted in any format associated with the Sponsor including on social media and on the web properties owned by the Sponsor.

PRIZE:

There is one (1) Grand Prize (the “Prize”) and four (4) secondary prizes available to be won consisting of the following two components:

The Gift Card component of the Grand Prize will consist of  one (1) $500 Visa Gift Card. The currency will be dictated by the winner’s country of residence as outlined in Eligibility, within Canada or the United States.

The Secondary Prizes consist of one prize pack and will be awarded to 4 runner-up winners each:

One (1) Parkland Prize Pack which includes a Meadow backpack, a View Duffle and a Valley Travel Kit. 

The approximate value of the Grand Prize is $618. The Prize is not transferable and cannot be substituted or converted to cash except that the Sponsor reserves the right in its sole and absolute discretion to substitute all or part of the Prize for a prize or prizes of equivalent value, for any reason. All federal, state, provincial and local taxes associated with acceptance or use of the Prize are the sole responsibility of the winner.

WINNER SELECTION: All eligible Photos received during the Entry Period will be judged by a judging panel consisting of representatives of the Sponsor. The potential winner will be determined on May 20, 2016, at approximately 1:00 p.m. PT (“Selection Date”) at Parkland Design and Manufacturing Inc., 611 Alexander St., Vancouver, BC.

JUDGING CRITERIA:  Judging of eligible entries will be based on criteria (the “Judging Criteria”) such as photo composition, originality, how well the submission captures an aspect of any given city’s underground (architecture, tunnels, transit, etc) or exploring and experiencing the city’s underground landscape, and other criteria as the judging panel determines to be relevant.  Decisions of the judging panel are final.

WINNER NOTIFICATION: The Sponsor or its designated representative will make a minimum of 3 attempts to contact the potential winner within 5 business days of the Selection Date. The Grand Prize winner and runner-up winners will be contacted by a direct message on Instagram with an email address they must contact within seven (7) days to redeem their prize. Prior to being confirmed as the winner, the potential winner must first complete, sign and return a declaration of compliance and release form, which also requires that the potential winner consent, except where prohibited, as a condition of receiving the Prize, to the use of his/her name, address, comments, photograph and/or likeness in any advertising or other publicity by Sponsor and/or its affiliates or agencies, without any payment or other compensation and otherwise be in compliance with these Official Rules. If the potential winner cannot be contacted within five business days of the Selection Date or there is a return of any notification as undeliverable, fails to complete, sign and return the declaration of compliance and release form within five business days of receiving it, or is otherwise not in compliance with these Official Rules, then the potential winner may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Prize), in which case the entrant whose Photo was given the next highest score by the judging panel based on the Judging Criteria will be declared the potential winner (in which case the foregoing provisions of this section shall apply to such potential winner). In order to be eligible to participate in the Prize, the winner’s guest must be of the age of majority or older in his/her state, province or territory of residence and must complete, sign and return a declaration and release form within the time specified.

ODDS: The odds of winning depend on the number of eligible entries received during the Entry Period and the evaluation of the eligible Photos by the judging panel.

GENERAL CONDITIONS: By participating, each entrant agrees to abide by these Official Rules and decisions of the Sponsor, which shall be final and binding in all respects relating to this Contest. The Contest will be run in accordance with the Official Rules, subject to amendment by Sponsor. Each entrant must comply with the Official Rules and will be deemed to have received and understood the Official Rules by participating in the Contest. The terms of the Contest, as set out in the Official Rules, are not subject to amendment or counteroffer, except as set out herein. If any provisions of the Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.

Without limitation, the Released Parties will not be liable: for any technical malfunction or other problems relating to the network or lines, computer on-line systems, servers, access providers, computer equipment or software; for the failure of any entry or Photo to be received by the Sponsor for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any website; for printing or other errors appearing in these Official Rules or other Contest materials, misprints or errors in other Contest-related information, technical or mechanical malfunctions, or other problems or errors, whether caused by equipment, programming used in this Contest, processing errors, human errors or otherwise; or any combination of the above. Further, the Released Parties will not be liable for any injury or damage to an entrant’s or any other person’s computer or data contained therein, related to or resulting from participating or downloading any material in the Contest.

The Sponsor reserves the right to withdraw, suspend or amend this Contest or these Official Rules for any reason, including in the event that an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor interferes with the proper conduct of the Contest as contemplated by these Official Rules. In the event of termination, Sponsor will award the Prize as deemed fair and equitable, by the Sponsor.

In the event of a dispute, entries will be deemed to have been submitted by the authorized account holder of the Instagram account submitted at the time of Entry. “Authorized account holder” is defined as the person who owns the email address assigned by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted Instagram account.

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Province British Columbia, Canada.

RELEASE AND INDEMNIFICATION: BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE TO RELEASE, DISCHARGE AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL ACTIONS, CAUSES OF ACTION, CLAIMS, COSTS AND PAYMENTS FOR DAMAGES, LOSS, INJURY, OR DEATH, HOWEVER OCCURRING, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, AS A RESULT OF PARTICIPATING IN THE CONTEST OR ANY CONTEST-RELATED ACTIVITY OR RESULTING FROM ACCEPTANCE, USE, OR MISUSE OF, OR PARTICIPATION IN, THE PRIZE.

PRIVACY: Information submitted in connection with the Contest will be treated in accordance with these Official Rules and Sponsor’s Privacy Policy (as amended from time to time), currently available athttp://www.parklandmfg.com/privacy-policy.  The Sponsor will use personal information collected from entrants to administer the Contest and to carry out the promotional activities allowed by the licence granted in these Official Rules.

WINNER LIST: To request the winner list (available for 180 days from the date of verification of the winner), send a self-addressed, stamped (except U.S. residents) envelope to: Parkland Design and Manufacturing Inc., Attn: Parkland Underground Contest Winner, 400-611 Alexander St., Vancouver, BC V6A 1E1.

INSTAGRAM DISCLAIMER: This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram. By entering the Contest, entrant agrees to release and hold harmless Instagram from any and all liability associated with this promotion.

FACEBOOK DISCLAIMER: This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook. By entering the Contest, entrant agrees to release and hold harmless Facebook from any and all liability associated with this promotion.

SPONSOR: Parkland Design and Manufacturing Inc., 611 Alexander St., Vancouver, BC V6A 1E1 | 844-401-2648