Terms and Conditions - Aether's "The Great Alaska Escape" Contest


Moment Inc, “The Great Alaska Escape”

OFFICIAL RULES

NO MOMENT PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

The Moment Inc Instagram Photo Contest (the “Contest”)

The Moment Inc “The Great Alaska Escape” Instagram Contest (the “Contest”) is in no way sponsored, endorsed or administered by, or associated with Instagram (“Instagram”). You understand that you are providing your information to the Sponsor (defined below) and not to Instagram. The information you provide will be used only for the administration of this Contest. Instagram is hereby completely released of all liability by each entrant in this Contest. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not to Instagram. You may use only one (1) Instagram account (“Instagram Account”) to participate in this Contest.

Eligibility: The Contest is open to anyone who has an Instagram account, is in compliance with Instagram eligibility requirements, and is 18 years of age or older. Employees of Moment Inc, their subsidiaries, affiliates, and members of their immediate families (spouse, parents, siblings, and children) and household members of those employees are not eligible to enter or win. Employees of Prize Donors are also not eligible to enter or win.

Sponsor: The Contest is sponsored and administrated by Moment Inc (“Sponsor”), 55 S Atlantic St, Suite 204, Seattle, WA 98134.

Prize Donors: The contest prizes will be provided by Moment and will include a $150 gift card to shopmoment.com for the three semifinalists and one $200 gift card at shopmoment.com plus a free ticket to attend the Moment photo trip to Alaska will be provided to the grand prize winner. You understand that the you are providing your information to the Sponsor (defined below) and not to any of the Prize Donors. The information you provide will be used only for the administration of this Contest. The Prize Donors are hereby completely released of all liability by each entrant in this Contest. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not to the Prize Donors.

Agreement to Official Rules: By entering, you indicate your full and unconditional agreement to (a) these Official Rules and (b) Sponsor’s decisions, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.

Contest Period: The overall Contest begins at 7:00am Pacific Time (“PT”) on Thursday, July 27, 2017, and ends on August 1st, 2017 at 11:59pm (PT). Sponsor’s computer is the official time-keeping device for the Contest.

How to Enter: The task is simple: follow @moment and @aetherapparel, shoot your photo or video on mobile, upload it between now and Tuesday, 8/1, at 11:59pm PST, and tag @moment, @aetherapparel, and #momenttravel in the caption.

You can enter unlimited photos as long as each entry is unique both in photo and caption. Entries must be posted or reposted from a public account during the entry period. You cannot simply “tag” an older photo/video. Those posted from private accounts and/or posted outside of the entry period will not be considered eligible. Please see the Submission Requirements for the photos below for additional details. Multiple entrants are not permitted to share the same Instagram account. Your photo must be published to your own Instagram account during the duration of the campaign. Entries will not be acknowledged.

Submission Requirements: BY SUBMITTING AN ENTRY, YOU AGREE THAT THE POST (AND EACH INDIVIDUAL COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE PHOTO) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING THE USE OF YOUR ENTRY OR ANY COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE PHOTO. THE RELEASED PARTIES SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THESE RULES AND/OR THE INSTAGRAM RULES.

By participating in the Contest, each entrant hereby warrants and represents that any Post he/she submits:

is original to him/her;

photo was taken using the camera on a mobile phone device.

does not violate any law, statute, ordinance or regulation;

the account will need to be made public to see the specific hashtag;

will not give rise to any claims whatsoever, including, without limitation, claims of infringement of any intellectual property rights, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party; and

is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor); conduct or other activities in violation of these Rules; and/or any other comment that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.

The Sponsor reserves the right, in its sole and absolute discretion, at any time and for any reason to screen any Post(s). Any Post that the Sponsor deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Rules is subject to disqualification. The Sponsor reserves the right, in its sole and absolute discretion at any time and for any reason, to request an entrant to modify, edit and/or re-submit his or her Post in order to ensure that the Post complies with these Rules, or for any other reason. If such an action is necessary at any point during or after the Contest, then the Sponsor reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Post (and therefore the corresponding Entry and/or the associated entrant).

Sponsor’s Rights to Photos: By participating, you: (a) irrevocably grant Sponsor, its agents, licensees, and assigns the unconditional and perpetual (non-exclusive) right and permission to publish, post, and display, your photo as-is or as-edited (with your name included to indicate photography credit) on its social media feeds and blog without approval from you or any other party; (b) forever waive any rights of copyrights, trademark rights, privacy rights, and any other legal or moral rights that may preclude Sponsor’s use of your photo as outlined above, or require any further permission for Sponsor to use the photo; and (c) agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor on the grounds that any use of the photo, or any derivative works, infringes any of your rights as creator of the photo, including, without limitation, copyrights, trademark rights, and moral rights.

Selection of Semifinalists: On or about July 31, 2017 a panel of judges selected by Sponsor in its sole discretion will review all eligible entries submitted through Instagram during the entire challenge period, and select three (3) semifinalist winners based on the following criteria: the overall quality, creativity, and story of the photo. The decision of the judges is final. The odds of being selected depend on the number of entries received. If Sponsor, in its sole discretion, deems that a photo does not comply with these Official Rules or is otherwise inappropriate to post, Sponsor may reject that entry and select another.

Selection of Grand Prize Winner: One (1) grand prize winner will be selected by the judges. If Sponsor, in its sole discretion, deems that a photo does not comply with these Official Rules or is otherwise inappropriate to post, Sponsor may reject that entry and select another.

Entries will be judged based on the overall quality, composition of the portrait, and creativity of the photo, as well as the intrigue of the story you describe in your caption.

Prizes:

(3) semifinalist prize winners will receive a $200 giftcard to shopmoment.com.

(1) grand prize winner will receive a $200 giftcard to shopmoment.com and a free ticket to attend the Moment Photo Trip to Juneau Alaska, August 25-30th, 207. By entering, you agree to be eligible to attend the photo trip and you agree the travel fare is not included in the prize.

Prize is awarded “as is” without any warranty or guarantee, either express or implied by Sponsor.

General Conditions: In the event that the operation, security, or administration of the Contest is impaired in any way, including, but not limited to fraud, virus, or other technical problem, Sponsor may, in its sole discretion, either: (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual who tampers with the operation of the Contest, violates these Official Rules, or acts in an unsportsmanlike or disruptive manner. Sponsor reserves the right to seek damages from any person who seeks to undermine the legitimate operation of the Contest. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor by mail shall not be deemed proof of receipt of that communication by Sponsor. In the event of a dispute as to the owner of an entry, the authorized account holder of the twitter account used to enter will be deemed to be the entrant. The Contest is subject to federal, state, and local laws and regulations and is void where prohibited.

Release and Limitations of Liability: By participating in the Contest, you agree to release and hold harmless Sponsor, its parent, subsidiaries, affiliates, and each of their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) any errors on the Twitter platform or Instagram platform that may prevent an entrant from entering or receiving direct messages; (d) printing errors; (e) lost, late, postage-due, misdirected, or undeliverable mail; (f) errors in the administration of the Contest or the processing of entries; or (g) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use of any prize. You further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

Disputes: You agree that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal court located in King County, Washington. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Washington, without giving effect to any choice of law or conflict of law rules (whether of the State of Washington or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Washington.

Results: To request a winners’ list, email Moment Inc at hello@shopmoment.com Requests must be received within four (4) weeks after the end of the Contest Period.