THE “LIVE YOUR ADVENTURE” CONTEST OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN IN THE “LIVE YOUR ADVENTURE” CONTEST (“CONTEST”). 

CONTEST IS SOLELY INTENDED FOR VIEWING AND ENTERING WITHIN THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW.  DO NOT ENTER THIS CONTEST IF YOU ARE NOT LOCATED WITHIN THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA. VOID WHERE PROHIBITED BY LAW.  RESIDENTS OF GUAM, PUERTO RICO AND ALL OTHER U.S. TERRITORIES AND POSSESSIONS ARE NOT ELIGIBLE TO ENTER THIS CONTEST.

Entry into this Contest constitutes your acceptance of these Official Rules. 

CONTEST ENTRY DATES:  Contest begins at 12:01 PM Eastern Time (“ET”) on October 1, 2013 and ends at 11:59 PM ET on October 31, 2013 (the “Contest Entry Period”).

WHO MAY ENTER:  Contest is open to members of Afar.com who at time of entry are legal residents of the 50 United States or the District of Columbia age 18 and older (if the age of majority in a jurisdiction is different than 18, you must be of the age of majority within your jurisdiction to be eligible to enter); referred herein as “contestant”.  Employees and their immediate families (spouse, parent, child, sibling and their respective spouses, regardless of where they reside or those living in the same household, whether or not related) of Afar Media LLC (“Sponsor”), Eddie Bauer LLC and their parent companies, affiliates, subsidiaries, distributors and advertising and promotion agencies (collectively, “Contest Parties”) are not eligible to enter or win.    

CONTEST ENTRY/OBJECTIVE: The object of the Contest is for each contestant to upload a photograph and to write a description of highlight(s) experienced while pursuing an adventurous experience on Afar.com and the AFAR mobile app.

HOW TO ENTER:  During the Contest Entry Period, visit www.Afar.com(“Website”) or the free AFAR mobile app (“App”) to access the Contest. To qualify upload a “captivating” photograph and write a description, in 1,500 characters or less, of highlight(s) experienced while pursuing an adventurous experience.

All descriptions must be in English. The photograph, description and entry form are collectively referred to herein as an “Entry”. Photograph must be uploaded in compliance with the Contest requirements, in JPEG format. Entries that contain photographs that do not comply with the requirements stated herein may be disqualified at Sponsor’s sole discretion. To be eligible, your Entry must be received during the Contest Entry Period. Limit: You can enter as many Entries as you wish during the Contest Entry Period, however, each Entry must be submitted separately and must detail a different experience. For purposes of these Official Rules, “receipt” of an Entry occurs when Sponsor or its designated third party records the Entry information resulting from contestant clicking the “Post Highlight” button. Use of automated processes and devices to submit electronic entries are not permitted. Contest Entities are not responsible for any changes or effects caused to contestant’s computer system as a result of submitting Entries. Only Entries submitted via Afar.com or the free AFAR mobile app will be accepted.  Entries submitted via facsimile or other express delivery services will NOT be accepted. All Entries become Sponsor’s property and will not be returned or acknowledged. In the event of a dispute over the identity of an online contestant, or ownership of or rights to the Entry the disputed Entry will be disqualified in the sole discretion of the Sponsor.

Entries must comply with the following content guidelines to be eligible. Entries cannot:

  • be sexually explicit or suggestive, or derogatory of any ethnic, racial, gender, religious, professional or age group or the disabled, be profane or pornographic, or contain nudity;
  • promote illegal drugs, firearms/weapons (or the use of any of the foregoing), or any particular political agenda or message;
  • defame, misrepresent or contain disparaging remarks about other people or companies;
  • contain any prominent use of trademarks, logos or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others as determined by Sponsor, or advertise or promote any brand or product of any kind, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
  • contain prominent copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in Websites, television, movies or other media) as determined by Sponsor;
  • contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
  • communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;
  • depict and cannot itself be in violation of any law or otherwise; and
  • depict or otherwise identify a minor unless a parent or legal guardian is the contestant.

 

ENTRY: By entering you represent and warrant and agree that:

The photograph is a picture taken by you and/or you have the rights from the appropriate individual/entity to use such photograph in conjunction with this Contest.  If the photograph contains an image of person(s) other than yourself, you warrant you have received permission from the person(s) depicted in the photograph (“Third Party Participant”) and that all elements of your Entry submitted by you are original, if applicable, and are not copied from any other work(s) and do not infringe upon the rights of any third party and to the extent any elements were created by a third party (“Third Party Participant”), you own all rights, title and interest to said photograph or have the right from the appropriate individual/party to use photograph which is part of your Entry to enable you to grant the rights required herein. By entering, you, on behalf of yourself and any Third Party Participants, grant Contest Entities and any organizations affiliated with the sponsorship, fulfillment, administration, prize support, advertisement or promotion of the Contest, the perpetual, fully-paid, irrevocable, non-exclusive license to publish, reproduce, prepare derivative works of, distribute, display, exhibit, transmit, broadcast, televise, digitize, otherwise use, and permit others to use and perform throughout the world the Entry, including the photograph, in any manner, form, or format now or hereinafter created, including on the Internet, and for any purpose, including, but not limited to, advertising or promotion of Contest Entities and Contest all without further consent from or payment to you, including Entries which were not selected to win. By submitting your Entry, you agree that Sponsor has no obligation to post or publish your Entry, that all such postings or publication, if any, will be in Sponsor’s sole discretion and that the posting or publication of an Entry does not guarantee the Entry will be selected as a winner. There is no prize awarded or compensation for the possible publication or posting of a contestant’s name, photograph and/or Entry.

By submitting an Entry, each contestant understands and grants to Sponsor permission for his/her Entry to be posted on Afar.com in perpetuity throughout the world for viewing by visitors to the Website. Contest Entities are not responsible for any unauthorized third party use of any Entry or part of an Entry. Entries will not be acknowledged and will not be received or held “in confidence” and a submission does not create a confidential relationship or obligation of secrecy between you and the Sponsor or any of its affiliates.

Each Entry, including its corresponding photograph, may not have been previously published by a magazine and/or newspaper, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Entry contains any material or elements that are not owned by the contestant and/or which are subject to the rights of third parties, the contestant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry (including photograph) by Sponsor in the manner set forth in these Official Rules. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any contestant at any time.  By submitting an Entry, contestant warrants and represents that he/she consents to the submission and use of the Entry in the Contest, and to its posting on Afar.com.

Sponsor reserves the right to disqualify any Entry for any reason, in its sole and absolute discretion. Sponsor is under no obligation to disclose why an Entry has been disqualified other than the Entry was ineligible under these Official Rules. Furthermore, the Sponsor reserves the right to not award prize if, in its sole and absolute discretion, it does not receive a sufficient number of eligible and qualified Entries. 

Judging Criteria: All entries will be judged by panel of judges consisting of personnel from the Sponsor on the following criterion, assuming that the entry is relevant to adventurous experiences; (a) most creative interpretation of a travel experience (35%), (b) most suitable to AFAR spirit of travel (25%), (c) most likely to inspire other travelers (20%), and (d) best artistic composition of photo (20%). The decisions of the judges are final and binding on all matters relating to determination of any Finalist and/or Winners (subject to verification).

TIES: In the event of a tie in any Round, the Entry from among the tied entries with the highest score received for most suitable to AFAR spirit of travel will advance or win. In the event of a further tie in any Round, the Entry from among the tied entries with the highest score for most creative interpretation of a given featured destination will advance or win.  In the event of further ties, the judging panel will make the final determination as to which Entry will advance or win.

PRIZES & THEIR CORRESPONDING APPROXIMATE RETAIL VALUES (“ARV”): 

Grand Prize: One Grand Prize winner will receive a $1,500.00 Eddie Bauer gift card and a $500.00 Alaska Airlines gift card. ARV of the Grand Prize is $2,000.00. Other restrictions may apply.

3 First Prizes: Three First Prize winners will receive a $500.00 Eddie Bauer gift card. ARV of the First Prize is $500.00. Other restrictions may apply.  

NOTIFICATION OF WINNERS: Grand Prize winners will be notified via email and/or U.S. mail on or about November 8, 2013, and each will be required to sign and return to Sponsor or Sponsor’s representative an Affidavit of Eligibility/Grant of Rights and Liability/Publicity Release (“Affidavit/Release”) within seven (7) days of the date of notification. If an Affidavit/Release is returned as undeliverable, or if the potential Grand and/or First Prize winner does not return the executed Affidavit/Release within seven (7) days, or if said e-mail is returned as undeliverable, or if a winner is otherwise found to be ineligible, or if the winner cannot accept or receive the prize for any reason, such potential winner will forfeit the prize and the Finalist who received the next highest score may be determined the alternate winner. Prizes are not redeemable for cash. Prizes are non-assignable or transferable. No substitutions are permitted except Sponsor reserves the right to substitute any prize or any portion of prize with one of equal or greater value in case of unavailability. The Sponsor reserves the right to modify the winner notification procedures in connection with the selection of an alternate winner, if any. Prizes will be awarded within 30 days after receipt and verification of completed prize notification. Entry and acceptance of prize constitute permission (except where prohibited by law) for Sponsor to use each winner’s name, Entry submission, prize won, hometown and likeness for promotional purposes without further compensation, notification or approval.  

GENERAL: By submitting your Entry, you agree to accept these Official Rules and agree to be bound by the decisions of the judging panel, Contest Parties and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns (“Released Parties”), release, defend and hold harmless Released Parties from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, extent, executions, claims and demands whatsoever, in law, admiralty or equity, whether known or unknown, foreseen or unforeseen, against Released Parties which any one or more of the Releasing Parties ever had, now have or hereafter can, shall or may have which in any way arise out of or result from contestant’s participation, acceptance and use or misuse of any prize. The Sponsor is not responsible for any technical failure, including App malfunction, typographical or other error in the printing of the offer, administration of the Contest or in the announcement of any prize. In the event Sponsor is prevented from continuing with the Contest as contemplated herein by any event beyond its control, or otherwise, including but not limited to fire, flood, 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, or order of any court, or other cause, Sponsor shall have the right to suspend or terminate the Contest. Contestants assume all liability for any injury, including death or damage caused or claimed to be caused, by participation in this Contest or use or redemption of any prize.

This Contest shall be governed by and interpreted under the laws of the State of California, U.S.A. without regard to its conflicts of laws provisions. Contestants hereby agree that any and all disputes, claims, causes of action, or controversies (“Claims”) arising out of or in connection with this Contest shall be resolved, upon the election by contestant or Sponsor, by arbitration pursuant to this provision and the code of procedures of either the National Arbitration Forum (“NAF”) or the American Arbitration Association (“AAA”), as selected by the contestant. If arbitration is chosen by any party with respect to a claim, neither party will have the right to litigate that claim in court or have a jury trial on that claim. Further, neither Sponsor nor contestant will have the right to participate in a representative capacity on behalf of the general public or other persons similarly situated, or as a member of any class of claimants pertaining to any claim subject to arbitration. Except as set forth below, the arbitrator’s decision will be final and binding. Note that other rights that contestant would have if contestant went to court also may not be available in arbitration. Any claims, judgments and/or awards shall be limited to actual out-of-pocket costs associated with entering this Contest. Contestant hereby waives any rights or claims to attorney’s fees, indirect, special, punitive, incidental or consequential damages of contestant, whether foreseeable or not and whether based on negligence or otherwise. The arbitrator’s authority to resolve Claims is limited to Claims between Sponsor and contestant alone, and the arbitrator’s authority to make awards is limited to awards to Sponsor and contestant alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in this Agreement and without waiving either party’s right to appeal such decision, should any portion of this provision be deemed invalid or unenforceable, then the entire provision (other than this sentence) shall not apply.

Entry materials/data that have been tampered with or altered, or mass Entries or Entries generated by a script, macro or use of automated devices are void. The Sponsor is not responsible for: (i) lost, late, misdirected, damaged, or illegible Entries; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of Entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive Entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof; (iii) any injury or damage to contestant’s or any other person’s computer related to or resulting from participating in the Contest, or (iv) the failure of any third party to comply with the instructions and proper administration of this Contest. Failure to comply with these Official Rules may result in disqualification from the Contest. Sponsor reserves the right to: permanently disqualify from any contest it sponsors any person it believes has intentionally violated these Official Rules; and terminate the Contest if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Contest), or to determine Finalists and/or winners from among all eligible Entries received prior to termination. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A CONTESTANT, TO DELIBERATELY INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL & CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

WINNERS LIST: For a list of winners (available after November 29, 2013) send a stamped, self-addressed envelope (postage not required for Vermont residents) for receipt by December 13, 2013 to: Live Your Adventure, c/o Afar Media LLC, 130 Battery St., 6th Floor, San Francisco, CA 94111.

 

PRIVACY: By entering, the information contestants provide may be sent to promotional partners identified in this promotion. Contestants may be contacted by the Sponsor and/or any promotional partners with future promotional offers. Information provided by contestants to participate in this Contest is subject to Sponsor’s privacy policy located at www.Afar.com.

 

SPONSOR: Afar Media LLC, 130 Battery St., 6th Floor, San Francisco, CA 94111.