NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE OF THE PROMOTION AREA AND WHERE PROHIBITED OR RESTRICTED BY LAW.
ELIGIBILITY: The HUE Mural Fest Contest (the “Contest”) is open to individuals who, as of the entry date, (i) are legal residents of the United States, excluding Alaska, Hawaii, and all U.S. territories and possessions (the “Promotion Area”); (ii) are at least eighteen (18) years of age; (iii) have a valid, non-private Instagram account; and (iv) have a valid email address. Entrants are eligible to win one prize only from Sponsor during any six-month period. Employees, officers and directors of Houston First Corporation and Greater Houston Convention & Visitor’s Bureau; (collectively, the “Contest Parties”) and their immediate family members (i.e., their spouse, parents, stepparents, children, stepchildren, siblings, and grandparents, regardless of where they reside), or individuals living in the same household as such individuals, regardless of relation, are not eligible to enter or win this Contest.
SPONSOR: Houston First Corporation, 701 Avenida de las Americas, Houston, Texas 77010. This Contest is in no way sponsored, endorsed, administered by, or associated with Instagram, Facebook, or Twitter.
PROMOTION PERIOD: This Contest begins on October 15, 2016 at approximately 8:00 a.m. CST and will end on October 24, 2016 at approximately 11:59 p.m. CST (the “Promotion Period”). Sponsor’s computer shall be the official timekeeper for purposes of this Contest.
CONTENT REQUIREMENTS: By entering this Contest, each entrant represents and warrants to the Contest Parties that their Video (i) is an original work, created solely by the entrant, over which entrant has all necessary rights, title and interest, including copyright; (ii) does not infringe upon the intellectual property rights, or defame or invade the publicity or privacy rights, of any third parties; (iii) does not use, and is not confusingly or deceptively similar to, brands, trade names, trademarks or logos of any third parties; (iv) does not contain illicit or unlawful activity/imagery and is reasonably appropriate for family audiences; and (v) has not been published previously or submitted in any other contest, sweepstakes or competition.
GRANT OF LICENSE: By entering this Contest, entrant grants to each of the Contest Parties an irrevocable, royalty-free, non-exclusive license to broadcast, publish, display, reproduce, modify, edit, or otherwise use their Video, in whole or in part, in any form, media or medium, in perpetuity throughout the universe, for any purpose arising out of or related to the advertisement or promotion of this Contest or marketing of the My Houston brand in any manner. Entrant waives any moral rights in and to their Video in favor of the Contest Parties.
JUDGING: On or about October 25, 2016, Videos entered by eligible entrants in the manner set forth above will be evaluated by a Sponsor-appointed panel based on the following criteria, in equal measure: Creativity; originality; event-brand consistency; and overall aesthetic appeal. All decisions are final and binding.
PRIZE: Subject to the terms and conditions of these Official Rules, the top-scoring entrant of this Contest will be a $300 American Express gift card. Sponsor is not responsible for any costs or fees incurred by prize winner due to acceptance or use of their prize. Prize winner shall be solely responsible for reporting and payment of any federal, state and/or local income taxes incurred in association with acceptance of their prize. Prize is non-transferrable and must be accepted as awarded on as “AS IS” basis, with no warranty, representation or guarantee, express or implied, made by Sponsor or for which Sponsor shall be liable. SPONSOR DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No cash or other substitution shall be made, except by Sponsor, who reserves the right to substitute a prize with another prize (or component thereof, including cash) of equal or greater value if a prize is not available for any reason, as determined by Sponsor in its sole discretion. Prize winner, by acceptance of their prize, grants to the Contest Parties the right to publicize such winner’s name, city and state of residence, statements and/or likeness and prize information for advertising, promotional, trade, and/or any other purpose in any media or format now known or hereafter devised, in perpetuity throughout the universe, without limitation and without further compensation, consideration, permission, or notification to such prize winner.
NOTIFICATION: Prize winner will be notified via the email address submitted at the time of entry (the “Notification”) with instructions to contact a Sponsor representative within forty-eight (48) hours from the time of the Notification. Receipt of prize is contingent upon compliance with these Official Rules and completion and return of an Eligibility Certification and Release of Liability by the prize winner. If a prize winner does not timely respond to the Notification, fails to complete and return any required document hereunder, fails to comply with these Official Rules, or declines the prize for any reason, then a disqualification shall result, such prize shall be forfeited and, at the sole option of Sponsor, the next highest-ranked entrant may be awarded a prize. By entering this Contest, each entrant gives permission to be contacted by the Sponsor for purposes related to this Contest.
LIMITATION OF LIABILITY: Sponsor is not responsible for entries that are late, incomplete, illegible, corrupted, stolen, lost, or misdirected due to human or computer error. Sponsor is not responsible for printing or typographical errors in any Contest materials. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend this Contest if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any aspect of this Contest, or if viruses, malicious code, unauthorized intervention, fraud, technical difficulties, or failures or any other kind or type beyond the reasonable control of Sponsor corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest. BY ENTERING THIS CONTEST, EACH ENTRANT AGREES TO AND SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CONTEST PARTIES, INCLUDING THEIR RESPECTIVE PARENTS, SUBSIDIARIES AND AFFILIATES, FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS, AND EXPENSES RELATED TO ANY ACTUAL OR ALLEGED INJURY, DEATH, DAMAGE, OR OTHER LOSS TO PERSONS OR PROPERTY ARISING OUT OF OR SUSTAINED, DIRECTLY OR INDIRECTLY, DUE IN WHOLE OR IN PART TO PARTICIPATION IN THIS CONTEST AND/OR THE ACCEPTANCE, RECEIPT, USE, OR MISUSE OF ANY PRIZE. FURTHER, ENTRANTS AGREE TO AND SHALL RELEASE AND FOREVER DISCHARGE FACEBOOK INC.; TWITTER, INC.; AND INSTAGRAM, INC., INCLUDING THEIR RESPECTIVE PARENTS, SUBSIDIARIES AND AFFILIATES, FROM ANY ACTUAL OR ALLEGED LIABILITY ARISING OUT OF THIS CONTEST. Entrants acknowledge and agree that the foregoing release and indemnification obligations shall survive the expiration of the Promotion Period.
DISPUTES: Entrant agrees that any and all disputes, claims, demands, and causes of action arising out of or sustained in connection with this Contest, or any prize awarded thereunder, shall be resolved individually, without resort to any form of class action; any and all judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event include attorneys’ fees; and under no circumstances will entrant be permitted to obtain (and entrant hereby waives all rights to assert or claim) awards for punitive, incidental or consequential damages. All issues and questions concerning the validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with this Contest shall be governed by, and construed in accordance with, the laws of the State of Texas, without regard to any conflict of law provisions. Litigation in connection with this Agreement shall be in a court of competent jurisdiction in Harris County, Texas.
CONSTRUCTION: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If a provision is determined to be invalid, illegal or otherwise unenforceable, then these Official Rules shall be construed in accordance with their terms as if such provision were not contained herein. In the event of any discrepancy or inconsistency between disclosures or statements contained in any broadcast or publication (in any form, media or medium) related to this Contest, these Official Rules shall control, govern and prevail. These Official Rules cannot be modified or amended in any way except in a written document issued by Sponsor in accordance with applicable law.
ACCEPTANCE OF OFFICIAL RULES: By entering, each entrant fully, irrevocably and unconditionally accepts and agrees to be bound by these Official Rules and the decisions of Sponsor (including, by way of example and not limitation, decisions regarding eligibility of entries and entrants, the selection of the winner, and the awarding of the prize), which shall be final and binding in all respects.
WINNER’S LIST/OFFICIAL RULES: To obtain the names of the prize winner for this Contest (available after October 25, 2016) or a copy of these Official Rules, send a self-addressed, stamped envelope (postmarked no later than November 30, 2016) to: Houston First Corporation, 701 Avenida de las Americas, Houston, Texas 77010. Please specify “Winner’s List” or “Official Rules” on the outer envelope. Do not send entries by mail to this address.
NATURE OF SPONSOR’S BUSINESS: Promotion of conventions, meetings, tourism, and special events in Houston, Texas and surrounding region.
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