2019 #ThisIsUltimate Photo Contest – Official Rules
1. Description. The 2019 #ThisIsUltimate Photo Contest (the “Contest”) begins at 08:00 am ET on June 17, 2019, and ends at 11:59 pm ET on August 30, 2019 (the “Contest Period”). By participating in the Contest, participants (or, if a minor in their place of residence, the participant’s parent or legal guardian on his or her behalf) unconditionally accept and agree to comply with and abide by these Official Rules and the decisions of EF Education First International AG. (the “Sponsor”), which shall be final and binding in all respects. Receipt of a prize is contingent upon fulfilling all requirements set forth herein.
2. Eligibility. Must be eighteen (18) years of age or older at the time of entry and a legal resident of the fifty (50) United States (including the District of Columbia). Employees, officers, and directors of Sponsor, their respective parents, subsidiaries, and agents, as well as the immediate family (defined as parents, spouses, children, siblings, and grandparents) and household members of each such employee, officer, and director are not eligible. Void where prohibited by law. All federal, state and local laws, rules and regulations apply.
3. How to Enter. To enter, you must: upload a photo either (i) through Sponsor’s website; or through (ii) through Instagram using both #thisisultimate and @efultimatebreak. Incomplete entries and those containing invalid e-mail addresses will be disqualified and removed from the Contest. NO LIMIT ON NUMBER OF ENTRIES**.** Any attempt to enter using multiple/different email addresses, identities, registrations and logins, or any other methods will void all of an entrant’s entries and that entrant will be disqualified. Use of any automated system to participate is prohibited and will result in disqualification.
Entries become the exclusive property of Sponsor and/or its affiliates and will not be acknowledged or returned. By entering the Contest, you grant Sponsor a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license to reproduce, distribute, display, exhibit, transmit, broadcast, televise, digitize, and otherwise use the Photo 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 Sponsor and its goods or services, and to use your name, likeness, and photograph in connection therewith, all without further consent from or payment to you. You further acknowledge that notwithstanding the foregoing sentence, Sponsor has no obligation to use your Photo in any manner or for any purpose.
4. Representations and Warranties. By participating in the Contest, you warrant and represent that: (a) the Photo is your original work, and you are the sole and exclusive owner of all intellectual property rights in and to the Photo; (b) use of the Photo as described in these Official Rules will not infringe the intellectual property or other rights of any third party, or violate any federal, state, or local laws or ordinances; (c) the Photo is not obscene or libelous, and does not contain anything defamatory or derogatory; (d) the Photo does not
contain any virus, spyware, malware, trap door, worm, or any other device, mechanism or code that is injurious or damaging to software or hardware used in conjunction with the Contest; and (e) you have the right to grant the license in Section 3 above. Entries not satisfying these criteria in any respect will be disqualified and removed from the Contest.
5. Winner Selection. One (1) Grand Prize Winner, One (1) First Place Winner; and One (1) Second Place Prize winner will be selected by a panel of judges designated by Sponsor from among all eligible entries received during the Contest Period based on the following judging criteria: (a) photo must be during a trip with EF Ultimate Break (25%); (b) creativity and originality (50%); and (c) evoking the EF Ultimate Break brand (25%). Odds of winning a prize depend on number of eligible entries received. Prize winners will be notified by e-mail, may be required to complete and return an eligibility affidavit and liability/publicity release. If the potential winner cannot be contacted within three (3) days after selection, does not meet the eligibility criteria, does not fully comply with these Official Rules, or fails to sign and return the affidavit and/or release, then the potential winner forfeits the prize and an alternate winner will be selected.
If a prize winner is considered a minor in his or her jurisdiction of residence, the prize will be awarded in the name of, or to, the winner’s parent or legal guardian, who must accept the prize, execute any required documents, and agree to all obligations and undertakings of the winner, both on behalf of himself/herself and winner, or the prize may be forfeited and awarded to an alternate winner. Under no circumstances will a prize be awarded as the result of an entry by an individual under 13 years of age.
6. Prizes. One (1) Grand Prize: consisting of $400 towards an EF Ultimate Break trip. Approximate retail value of prize is $400. One (1) First Prize: consisting of $200 towards an EF Ultimate Break trip. Approximate retail value of prize is $200. One (1) Second Place Prize: consisting of $100 towards an EF Ultimate Break trip. Additional terms and conditions may apply to trip discount. Prizes are non-transferable and may not be substituted for cash. Sponsor, in its sole discretion, may substitute a prize (or prize component) of equal or greater value due to unavailability of prize (or prize component) for any reason.
7. Assignment. As a condition of receiving the Grand Prize, the First Price, or the Second Prize, the winners will be required to irrevocably grant, transfer, convey and assign to Sponsor the entirety of his or her rights, title, and interest of every kind and nature whatsoever, including, without limitation, all copyrights, and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all derivative rights), in and to the Photo submitted as part of his or her entry for exploitation throughout the world, and the right to secure patent, trademark, and/or copyright registrations thereto in perpetuity including, without limitation, the rights to use the Photo for any and all purposes in any and all media whether now known or hereafter developed, throughout the universe, in perpetuity and without compensation. If the Grand Prize winner fails or refuses to execute an agreement consist with this Section 7, the Sponsor may select an alternate Grand Prize winner. Notwithstanding the foregoing or anything else, Sponsor shall have no obligation to use the Photo, the Grand Prize winner’s entry, or the Grand Prize winner’s name or likeness in any manner whatsoever and, if used, shall not be obligated to pay compensation of any kind.
8. General Conditions. All taxes and other expenses are the sole responsibility of the winner. Neither Sponsor nor Instagram are responsible or liable for, and entrants (or, if a minor in their place of residence, the participant’s parent or legal guardian on his or her behalf) completely release and hold Sponsor and Instagram harmless against: (a) illegible, incomplete, damaged, misdirected, stolen, late, or lost Entry Forms; (b) network, internet, or computer malfunctions or damage related to or resulting from participating in the Contest; (c) any condition caused by events beyond the control of Sponsor which may cause the Contest to be disrupted or corrupted; or (d) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance or use of the prize, or from participation in the Contest. Any entrant attempting to defraud or in any way tamper with this Contest, including but not limited to using automated processes for entry, will be ineligible. If for any reason the Contest is not capable of running as originally planned, including but not limited to technical corruption or non-authorized human intervention, Sponsor in its sole discretion reserve the right to modify or cancel the Contest. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Release. By receipt of any prize, winner (or, if a minor in his/her place of residence, the winner’s parent or legal guardian on his or her behalf) agrees that Sponsor or Instagram, their respective parents, subsidiaries and affiliated companies, and the agents, employees, directors and officers of these companies, are not liable whatsoever for any injuries, losses or damages of any kind resulting in whole or in part, directly or indirectly, from the acceptance, possession, use or misuse of any prize or from winner’s participation in the Contest.
10. Winners List. Names of prize winners may be requested by sending a self-addressed, stamped envelope by September 30th, 2019 to Sponsor to the attention of “2019 #ThisIsUltimate Photo Contest.”
11. Sponsor/Administrator. The Sponsor and Administrator of this Contest is EF Education First International AG. (“Sponsor”).