KEEN UNEEK Perspectives Contest
Official Rules - United States
Important: Please read these rules before entering this online Promotion. By participating in this Promotion, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.
1. Description: The “KEEN UNEEK Perspectives” Contest (the "Promotion") begins at 8:00 a.m. Pacific Time (“PT”) on July 1, 2016 and ends at 11:59 p.m. PT on July 31, 2016 (the “Entry Period”). Entries submitted outside the Entry Period are void. The sponsor of this Promotion is KEEN, Inc. (“KEEN”). KEEN’s computer is the official time keeping device for the Promotion
NO PURCHASE OR PAYMENT IS REQUIRED TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING. OFFER VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ENTRY VIA INSTAGRAM ONLY AND A INSTAGRAM ACCOUNT AND INTERNET CONNECTION ARE REQUIRED. "PROTECTED" INSTAGRAM ACCOUNTS MAY NOT BE ABLE TO SEND ENTRIES. THE PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY INSTAGRAM, INC. ("INSTAGRAM").
2. Eligibility: The Promotion is open to legal residents of any one (1) the fifty (50) United States or the District of Columbia who are at least 18 years of age and at least the age of majority in their state of residence on the date of entry. To be eligible to win a prize, entries must be completed and received by KEEN in the manner and format designated below. Directors, officers and employees of KEEN and any of its parent companies, affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies, and immediate family members of each are not eligible to win any prizes.
3. Disclaimer: KEEN, Instagram, other providers of any prize, and each of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies (collectively, the "Released Parties") will not be responsible for any of the following where caused by factors beyond their reasonable control: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Promotion disruptions, injuries, losses or damages caused by events beyond the control of KEEN or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Promotion.
4. Identity of Entrant: In the event of a dispute about the identity of the entrant, entries made online will be declared made by the authorized account holder of the Instagram account used for entry. Potential prize winners may be required to provide KEEN with proof that they are the authorized account holder of the Instagram account associated with the relevant winning entry. KEEN reserves the right to disqualify, in its sole discretion, any entries that appear to be generated by a macro, script or other automated means.
5. Entry: To participate and enter this Promotion, individuals will need an Instagram account. If you don’t already have an Instagram account, visit www.instagram.com to create an account; creating an Instagram account is free. By submitting your information and creating an Instagram account, you will be required to agree to the Instagram terms of service and privacy notice. If you do not agree to Instagram’s terms of service and privacy notice, you cannot create an Instagram account. Once an Instagram Account is set up it must be set to "public".
To enter the Promotion, eligible individuals ("Entrants" or "you") must use Instagram and create a post that includes a photo and a caption that describes what self-expression means to you, and you must also include the hashtag #UNEEKperspectives AND #contest in the post caption and tag @keenuneek (an "Entry"). In addition, you must follow @keenuneek on Instagram. You can unfollow @keenuneek once the promotion and prize notification period has ended. Sponsor, in its sole discretion, may accept a technically incorrect hashtag.
6. Prizes: There are four (4) prizes to be won. Each prize consists of a trip for two (prize winner and guest) to Portland, OR and activities as set forth below. Guests must be over the age of 18 and physically fit enough to participate in the prize trip. Return economy class transportation via airplane will be provided from the major airport closest to the prize winner's place of residence to Portland, OR. The prizes include three (3) nights' accommodation in a hotel (winner and guest will share a room) in Portland, OR. Transportation from the prize winner's accommodation to the activities will be provided.
KEEN UNEEK Perspectives Prize Trip
Day 1 - Winners and guests arrive in Portland, OR. Dinner will be provided.
Day 2 - Tour of KEEN headquarters in the morning. Model in KEEN UNEEK photo shoot in the afternoon. Breakfast and lunch will be provided.
Day 3 - Activities with KEEN employeees to be determined by KEEN. May include activities such as attending a concert or going on a hike. Lunch and dinner will be provided.
Day 4 - Winners and guests depart Portland, OR.
KEEN reserves the right to modify the schedule and activities set forth above. KEEN will make transportation and accommodation reservations following consultation with prize winners. Once agreed, travel dates cannot be changed. Travel arrangements must be agreed upon and the trip must be complete by October 31, 2016 otherwise the prize will be forfeited.
Estimated retail value of each prize trip is $1,500 (prize winner and guest), but the actual value will depend on where the winner and guest live. The prizes do not include travel insurance, the cost of transfers to and from airports, food and drink, spending money, tax or personal expenses unless otherwise stated in the prize description. Any other costs incurred in addition to those set out in these Official Rules and that are incidental to the fulfilment of the prize are the responsibility of the prize winners and their guests. Prize winners will be responsible for ensuring that they and their guests are available to travel and if necessary hold valid travel documents for the trip. Prizes cannot be exchanged for cash. All prizes are awarded "as is" and without warranty of any kind. No prize transfer, assignment or substitutions is permitted. KEEN reserves the right to substitute a prize of equal or greater value.
7. Odds of Winning; Taxes: Odds of winning a prize depend on the number and quality of eligible entries received. Prize winners are solely responsible for all taxes, registration, title, fees, license duties, insurance and all expenses in claiming, registering and using their prize. This may include sales taxes and property taxes. KEEN has no liability with regard to taxes and fees for the prizes.
8. Winner Selection and Notification: All Entries will be judged by a panel of judges ("Judges") selected by Sponsor in its sole discretion. Entries shall be judged by the Judges based on the following criteria according to the percentage weights indicated: (a) creativity of image: 33 1/3%, (b) originality of caption: 33 1/3%, and (c) overall presentation: 33 1/3%. In the event of a tie, the tiebreaker will be based upon the highest score in the first judging criteria, continuing thereafter to each judging criteria in order to break the tie. All Judges’ decisions are final and binding in all matters relating to this Promotion.
Potential prize winners will be selected and notified on or around August 1, 2016. Potential prize winners will receive an Instagram message, email or other notification from KEEN. To claim a prize, potential prize winners should follow the instructions contained in their notification and reply to KEEN within three (3) days of attempted notification.
Potential prize winners and their guests agree to complete, within three (3) days of receipt of documents from KEEN, a certificate of eligibility and release of liability, and any other legal, regulatory, or tax-related documents required by KEEN in its sole discretion. Potential prize winners and their guests also agree to complete, within three (3) days of receipt from KEEN, a release granting to KEEN the perpetual, worldwide right to use the images and footage created during the activities forming part of the Prize, including the KEEN UNEEK photo shoot, that include the likeness of such winner or guest without further payment or consideration. Failure of a prize winner to respond or execute and deliver such documents within the specified time may result in forfeiture of the prize and the selection of an alternate winner of that prize from the remaining eligible entries. Up to three (3) alternate winners may be chosen otherwise the prize in question will remain un-awarded.
9. Publicity Release: Except where prohibited by law, entry into the Promotion constitutes permission for KEEN to use a prize winner's name, hometown, likeness, voice, and prize information for promotional activities connected to the Promotion without further payment or consideration. Except where prohibited by law, as a condition of being awarded any prize, the prize winner may be required to execute a consent for KEEN to use their name, hometown, likeness, voice, and prize information for promotional activities connected to the Promotion, including but not limited to announcing them as a prize winner and other reasonable post-Promotion publicity, without further payment or consideration.
10. License to Entries: By entering the Promotion and submitting your Entry, you hereby grant to Sponsor a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license to publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and sublicense your Entry, or any portion thereof, for any commercial or non-commercial purposes, including advertising, marketing, social media, public relations and promotional purposes, and to incorporate your Entry, in whole or in part, into other works in any manner, form, media or technology now known or later developed. Sponsor will have no obligation to publish or use or retain any Entry or to return any Entry to you. You agree that it is your sole responsibility to obtain all permissions and releases necessary for the grant of the rights contained in this paragraph. You agree to take, at Sponsor's expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Sponsor to effect, perfect or confirm Sponsor's rights as set forth above in this paragraph. You will not be entitled to compensation for any use by Sponsor, or its agents, licensees or assignees, of your Entry.
11. Original Work of Authorship: You hereby warrant and represent that (a) you own all rights in and to any Entry submitted by you (including, without limitation, all copyright and other intellectual property rights); and (b) such Entry is an original work of authorship on your part and has not been copied, in whole or in part, from any other work and do not violate, misappropriate or infringe any copyright, trademark or other proprietary right of any other person or entity.
12. General Release: By entering the Promotion, each entrant agrees to the extent permitted by applicable law, to release KEEN and all Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Promotion or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
13. Disputes: This Promotion is governed by the laws the State of Oregon, without giving effect to conflict of law principles. As a condition of entering this Promotion, each entrant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Promotion, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Multnomah County, Oregon having jurisdiction. Further, in any such dispute, each entrant hereby waives all damages other than actual out-of-pocket expenses (e.g., costs associated with entering the Promotion), including without limitation, all punitive, incidental or consequential damages, attorneys' fees, and fee multiplication awards.
15. Binding Effect: By participating in this Promotion you agree to be bound by these Official Rules. All applicable federal, state and local laws and regulations apply.
16. Copy of Listing of Winners; Rules Request: For a list of prize winners and their location, send an email with the subject line “KEEN UNEEK Perspectives Promotion Winners List" email@example.com after August 31, 2016 and not later than December 31, 2016. To obtain a copy of these Official Rules, send an email with the subject line "KEEN UNEEK Perspectives Contest" to firstname.lastname@example.org
17. Copyright and Trademark Notice: KEEN, KEEN UNEEK and UNEEK are trademarks of KEEN, Inc. The Promotion and all accompanying materials are copyright ©2016 by KEEN, Inc. All rights reserved.
18. Miscellaneous: Entrants agree to be bound by these Official Rules and by the decisions of KEEN, which are final and binding in all respects. KEEN reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Promotion or any entrant's participation in the Promotion should viruses, bugs, unauthorized human intervention or other causes beyond KEEN's control affect the administration, security or proper play of the Promotion, or KEEN otherwise becomes (as determined in its sole discretion) incapable of running the Promotion as planned. Entrants who violate these Official Rules, violate any law, rule or regulation in connection with participation in the Promotion, tamper with the operation of the Promotion or engage in any conduct that is detrimental or unfair to KEEN, the Promotion or any other entrant (in each case as determined in KEEN's sole discretion) are subject to disqualification from entry into the Promotion. KEEN reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Promotion. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. If you have any questions about these Official Rules or the Promotion, please e-mail them to email@example.com.
19. Sponsor: KEEN, Inc., 515 NW 13th Ave., Portland, OR 97209.