The InterExchange American Adventure Quest official rules
THIS IS A CLOSED PROMOTION OPEN ONLY TO THOSE (A) WHO ARE AT LEAST THE AGE OF MAJORITY IN THEIR JURISDICTION OF RESIDENCE; (B) WHO ARE PARTICIPANTS OF AN INTEREXCHANGE (“SPONSOR”) PROGRAM IN GOOD STANDING DURING THE CONTEST PERIOD (DEFINED BELOW); (C) AND WHO ARE A REGISTERED USER OF INSTAGRAM.
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS CONTEST. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM, INC. (“INSTAGRAM”). INTERNET ACCESS REQUIRED FOR ENTRY.
WINNERS MAY BE REQUIRED TO EXECUTE PRIZE ACCEPTANCE DOCUMENTS AND RETURN THEM WITHIN SEVEN (7) DAYS FROM DATE OF ISSUANCE OF NOTIFICATION OR PRIZE MAY BE FORFEITED (IN SPONSOR’S SOLE DISCRETION), AS MORE FULLY DETAILED BELOW.
BY ENTERING THIS CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. THIS CONTRACT ALSO REQUIRES YOU TO RESOLVE ANY DISPUTE THROUGH BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Overview
The InterExchange American Adventure Quest Contest (“Contest”), sponsored by InterExchange, Inc., (“Sponsor”), begins at 12:00:00 a.m. Eastern Daylight Time (“EDT”) on or around May 15, 2023, and ends on or around 11:59:59 p.m. EDT on August 15, 2023 (“Contest Period”). An eligible individual may enter the Contest by sharing a qualifying photo or video (“Entry Submission”) on Instagram during the Contest Period. Eligible entrants may submit as many Entry Submissions as they wish during the Contest Period. At the end of the Contest Period, winning entries will be chosen, at the sole discretion of the Sponsor, corresponding to predefined categories.
Eligibility
This Contest is open only to those who (i) are at least the age of majority under applicable law in their jurisdiction of primary residence; (ii) are, during the Contest Period of May 15, 2023 through August 15, 2023, a participant in good standing of a J-1 Visa Exchange Visitor program for which Sponsor is the entrant’s visa sponsor (the “Program”); (iii) and who are a registered user of Instagram. This Contest is unrelated to your participation in the Program. You are not required to participate in this Contest and your decision to enter or not to enter this Contest has no bearing on your standing in the Program. By participating in this Contest, you acknowledge that you understand and will maintain compliance with all program rules and regulations (including regular reporting in the SEVIS system where applicable). This Contest is void where prohibited by law. Corporate entities are not eligible and have no right to claim any prize won by their employees.
Employees, officers, directors, members, managers, agents, and representatives and family members of such individuals (or people living in the same household, whether related or not) of Sponsor, or of its corporate partners, parent companies, divisions, subsidiaries, affiliates, successors in interest, and advertising, promotion and public relations agencies or any other entities participating in the design, promotion, marketing, administration, or fulfillment of this Contest (collectively, with Instagram, the “Released Parties”) may participate in this Contest, but are not eligible to win prizes as defined in PRIZES & RETAIL VALUE below. For purposes of this Contest, “family members” is defined as spouse, partner, parent, legal guardian, in-laws, grandparent, sibling, child and grandchild. Participation in this Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor.
To enter
During the Contest Period, eligible individuals may enter the Contest by posting an Entry Submission) to their publicly-accessible Instagram account that depicts entrant attending or participating in an activity during the Contest Period that is representative of the entrant’s international cultural exchange and cultural learning experience (“Cultural Activity”), along with a brief description of the Cultural Activity depicted (collectively, the “Entry Submission”). Each qualifying post must reference the @InterExchange Instagram account and include the hashtag #Ameriventure2023. The context of the Photo or Video must make it clear that entrant attended, observed, or participated in the Cultural Activity depicted.
Your Entry Submission must remain visible to Sponsor for the duration of the Contest Period and through the selection of winners and award of the prizes. If, prior to the award of the prizes, your Entry Submission is removed (by you or Instagram or otherwise) or is otherwise not actually visible to Sponsor for any reason, your Entry Submission will be deemed ineligible in the Contest. Entries received during the Contest Period and in full accordance with these Official Rules will be judged at the sole discretion of Sponsor. Sponsor, in its sole discretion, may accept or disqualify Entry Submission that omits any required content or includes any content superfluous to the required content. Incomplete attempts at entry, those identified or received outside the Contest Period, and/or any Entry Submission that contains obscene or offensive content or any content or language communicating messages inconsistent with the positive images with which Sponsor wishes to associate (all as determined by Sponsor in its sole discretion) will be void and not eligible for entry.
You may submit as many Entry Submissions as you wish during the Contest Period.
You may not submit multiple Entry Submissions that are identical to Entry Submissions previously submitted by you. Normal Internet access and usage charges imposed by your Internet Service Provider may apply. Entries must be posted during the Contest Period in strict accordance with the instructions and restrictions in these Official Rules and Instagram Terms of Use. Sponsor’s clock will be the official timekeeper for this Contest. For purposes of this Contest, only Entry Submissions that are actually posted and that are actually visible to Sponsor throughout the Contest Period, the selection of winners, and the awarding of the prizes will be considered. Proof of posting (such as, without limitation, a printed, saved or copied screenshot showing a purported Entry Submission) does not constitute proof of eligible entry for purposes of this Contest. Those who do not provide all required entry information, successfully post an Entry Submission, or abide by these Official Rules and other instructions of Sponsor and its representatives may, in Sponsor’s sole discretion, be disqualified and all associated entries void. Attempts made by an individual to submit entries in excess of any limit or otherwise in violation of these Official Rules, by using multiple or false contact information or otherwise, may be disqualified. Purported entries that are forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate, incomprehensible, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void. Entries or participation made on your behalf by any other individual, made by any entity or group, or originating at any website or online service other than Instagram, including, without limitation, through commercial promotion subscription notification or entering services, will be declared invalid and disqualified for this Contest. Each winner may be required to show proof of being a current InterExchange participant in good standing. As a condition of entering the Contest, without limiting any other provision in these Official Rules, each entrant gives consent for Sponsor and its agents to obtain and deliver his or her name, address, and other information and content to third parties for the purpose of administering this Contest and complying with applicable laws, regulations, and rules. ANY ENTRY OR ENTRY POST THAT DOES NOT CONFORM TO THE REQUIREMENTS IN THESE OFFICIAL RULES MAY, IN SPONSOR’S SOLE DISCRETION, BE DEEMED INELIGIBLE.
Submission Requirements
Your Entry Submission must meet all of the following requirements, as determined by Sponsor in its sole discretion, or the associated entry may be disqualified: The description of the Cultural Activity included in your Entry Submission must be written in English or, if written in another language, accompanied by an English translation.
Photos and Videos must abide by all size, format, resolution, and other technical requirements imposed by Instagram.
All aspects of the Entry Submission must be originally created by and solely owned by you, unless you appear in content included in your Entry Submission (e.g., a Photo or Video) and you have the explicit written consent of the content owner to use such content in your Entry Submission. Upon request from Sponsor, you may be required to provide Sponsor with adequate proof (as determined by Sponsor) that you have the consent of such content owner as a condition of winning any prize in this Contest.
- Entry Submission. Upon request from Sponsor, you may be required to provide Sponsor with adequate proof (as determined by Sponsor) that you have the consent of such content owner as a condition of winning any prize in this Contest.
- Entry Submission must NOT depict, identify, or include any person other than the entrant, unless the person depicted is the age of majority in his or her jurisdiction of residence and entrant has such person’s explicit written consent to include him/her in the Entry Submission, adequate proof of which (as determined by Sponsor) will be provided by entrant to Sponsor upon request as a condition of winning any prize in this Contest.
- Entry Submission must NOT contain any commercial or corporate advertising other than InterExchange logo or brand identifier.
- Entry Submission must not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright (including moral rights), trademark, trade secret, or right of privacy or publicity.
- Entry Submission must be unpublished and not have been submitted in any other contest, promotion, or competition.
- Entry Submission must not include information or content that is false, fraudulent, deceptive, misleading, defamatory, threatening, slanderous, libelous, trade libelous, disparaging, unlawfully harassing, profane, obscene, pornographic, hateful, indecent, inappropriate or injurious to any individual, any Released Party, or any third party.
- Entry Submission must not contain or describe any harmful, unsafe, or illegal activity (including, without limitation, any destruction of property or harm to animals) or content or in any way violate any federal, state, or local law, rule, or regulation.
- Entry Submission must be suitable for presentation in a public forum.
- Entry Submission must not contain any reference to or depiction of gambling, tobacco, alcohol, illegal drugs, or firearms.
- Entry Submission must not promote any political agenda or message.
- Any Photo or Video submitted as part of your Entry Submission must not be significantly retouched. No element of the Photo (e.g., people, animals, scenery, objects, etc.) may be altered, removed, augmented, or rearranged. For Photos, cropping is permitted, as is modest darkening or lightening of parts of the image.
- Entry Submission must not violate any requirements set forth by Sponsor or the U.S. Department of State applicable to the Program or to J-1 Exchange Visitor Visa programs generally.
- Entrant agrees that his/her participation in the Contest and agreement to these Official Rules and any Released Party’s display and use of his/her Entry Submission will not violate any agreement to which entrant is a signatory or party.
- Entrant agrees to indemnify the Released Parties against any and all claims from any third party for any use or reuse by any Released Party of the Entry Submission in accordance with the rights granted the Released Parties in these Official Rules.
Sponsor reserves the right in its sole discretion to disqualify from the Contest and/or cease or refrain from displaying or publishing any Entry Submission that, in its sole discretion, refers, depicts, or in any way reflects negatively upon a Released Party, the Contest, or any other person or entity or does not comply with these Submission Requirements or any other requirement of these Official Rules.
Winner Selection/Notification
Eligible Entry Submissions will be judged by a panel of judges chosen in Sponsor’s sole discretion (“the Judges”). After the end of the Contest Period, winning entries will be selected by the Judges. Winning entrants will receive one (1) Apple iPad™ as described in the “Prizes & Retail Value” section. Second and third place winners will receive a gift pack of InterExchange-branded merchandise, the contents of which will be determined by Sponsor.
In the event of a tie in the selection of a winning entry post, the tie will be broken by naming as the winner the Entry Submission with the highest Instagram Engagement at the time of judgment.
Sponsor reserves the right to contact participants for verification purposes and administration of the Contest. All Judges’ decisions are final and binding in all matters relating to this Contest. Each entrant acknowledges that other entrants may have participated in Cultural Activities similar to those participated in by entrant and/or created ideas and concepts contained in their Entry Submission that may have familiarities or similarities to his/her Entry Submission. Each entrant acknowledges that he/she will not be entitled to any compensation or right to negotiate with the Released Parties because of these familiarities or similarities.
Sponsor or its designee will attempt to notify the potential winners in this Contest within approximately five (5) business days after the end of the Contest Period by email or Instagram message (as determined by Sponsor in its sole discretion). Each potential winner may, in Sponsor’s sole discretion, be required to complete, sign, have notarized (if applicable), and return an Affidavit of Eligibility and Liability/Publicity Release (unless prohibited by law) and tax documents, if applicable (collectively, “Prize Winner Documents”), any or all of which may require the potential winner to provide his or her Social Security Number or taxpayer ID number, and a copy of a government-issued identification or number therefrom, within the time frame specified and in the form provided by Sponsor (without revision), or prize may be forfeited. The Prize Winner Documents, if applicable, must be received by Sponsor within seven (7) days of Sponsor sending the documents to the potential winner or other time frame as stated in the Prize Winner Documents, or prize may be forfeited. If any prize, prize notification, or other Contest-related communication is returned as undeliverable, or if a selected winner cannot be reached or does not respond as instructed after Sponsor has attempted to notify that potential winner, that selected winner may be disqualified. The prize claim and Prize Winner Documents are subject to verification by Sponsor. The prizes, if legitimately claimed, will be awarded. Due to the way that prizes are awarded in this Contest, Sponsor will not pursue alternate winners for any such prize should a potential winner of that prize be disqualified. Decisions of the Sponsor are final on all matters relating to the Contest, including interpretation of these Official Rules, determining the winners, and awarding of the prizes.
Prizes & Retail Value
Prizes: Subject to verification, one (1) Grand Prize winner will earn an Apple iPad™ with a value of approximately $449 USD. Second place winner will receive InterExchange-branded merchandise including one (1) t-shirt, (1) pair of sunglasses, and other items as determined at the sole discretion of the Sponsor, with a value not exceeding $75 USD. Third place winner will receive InterExchange-branded merchandise including one (1) t-shirt, (1) pair of sunglasses, and other items as determined at the sole discretion of the Sponsor, with a value not exceeding $50 USD.
The following applies to all prizes available in this Contest: All prize details not specifically stated in these Official Rules will be determined by Sponsor in its sole discretion. Any gift cards may be subject to additional terms and conditions by their respective issuers as specified on the card or item or in any accompanying materials. For gift cards, such terms may include geographic restrictions that require the card to be used within the United States. All taxes (national/federal, state/provincial/territorial, and local), as well as any expenses not specified in these Official Rules as being provided as part of the prize, are the sole responsibility of winner. Sponsor is not responsible for and will not replace any lost, mutilated, or stolen prize, or any prize that is undeliverable or does not reach a winner because of incorrect or changed contact information. If winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. Sponsor is not responsible for any inability of any winner to accept or use any prize (or portion thereof) for any reason. No transfers, prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability. No more than the stated prizes will be awarded. Participants waive the right to assert as a cost of winning any prize, any and all costs of verification and redemption or travel to claim the prize and any liability and publicity which might arise from claiming or seeking to claim said prize.
License
By entering, except where prohibited by law, each entrant grants to the Released Parties, and their agents, successors, and assigns, the irrevocable, sublicensable, absolute and perpetual right and permission to use, edit, modify, cut, rearrange, add to, delete from, reproduce, translate, separate, dub, adapt, publish, combine with other material, and exploit the content of and elements embodied in the Entry Submission, in any and all media, whether now existing or hereafter devised (including online and in digital media), in any language, throughout the world, and in any manner, including for trade, advertising, promotional, commercial, or any other purposes, without further notice, review, approval, consideration, or compensation to or by entrant. Each entrant agrees that the licensed entities may, but are not required to, attribute the Entry Submission (or any part thereof) to entrant. Each entrant waives and releases the Released Parties from any and all claims that entrant may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to the Released Parties’ exploitation of Entry Submissions without further notification or compensation to entrant of any kind, and agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties, each of their licensees, or any other person in connection with this Contest, on the grounds that any use of any Entry Submission or element thereof or derivative works therefrom, infringes or violates any of entrant’s rights (including MORAL RIGHTS) therein.
Each entrant acknowledges and agrees that nothing in these Official Rules will require a Released Party to use the Entry Submission in part or in whole or to include the Entry Submission in any Released Party-related property. Each entrant hereby acknowledges and agrees that the relationship between the entrant and each of the Released Parties is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to submit his/her Entry Submission for purposes of the Contest does not place any of the Released Parties in a position that is any different from the position held by members of the general public with regard to elements of the Entry Submission, other than as set forth in these Official Rules. Each entrant understands and acknowledges that Sponsor has wide access to ideas, essays, images, videos and other creative materials. Each entrant also acknowledges that many ideas, stories, photographs, or videos may be competitive with, similar to, or identical to his/her Entry Submission and/or each other in idea, components, format, or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material that has or may come to Sponsor from other sources. Each entrant acknowledges and agrees that Sponsor does not now and will not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the entrant’s copyright in and to his/her Entry Submission or its constituent elements. Each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Released Party’s actual or alleged exploitation or use of any Entry Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any Released Party property or product, and entrant’s rights and remedies in any such event are strictly limited to the right to recover damages, if any, in an action at law.
Limitation of Liability
NOTHING IN THESE OFFICIAL RULES LIMITS, EXCLUDES, OR MODIFIES OR PURPORTS TO LIMIT, EXCLUDE, OR MODIFY ANY STATUTORY CONSUMER GUARANTEES OR ANY IMPLIED CONDITION OR WARRANTY, THE EXCLUSION OF WHICH FROM THESE TERMS AND CONDITIONS WOULD CONTRAVENE ANY STATUTE OR CAUSE ANY PART OF THESE OFFICIAL RULES TO BE VOID (“NON-EXCLUDABLE GUARANTEES”). SUBJECT TO THE LIMITATIONS IN THE PRECEDING SENTENCE, SPONSOR EXCLUDES FROM THESE OFFICIAL RULES ALL CONDITIONS, WARRANTIES, AND TERMS IMPLIED BY STATUTE, GENERAL LAW, OR CUSTOM, EXCEPT FOR LIABILITY IN RELATION TO A NON-EXCLUDABLE GUARANTEE. SUBJECT TO ANY NON-EXCLUDABLE GUARANTEES, EACH ENTRANT AGREES TO RELEASE, HOLD HARMLESS, AND INDEMNIFY THE RELEASED PARTIES FROM ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE, OR AWARDING OF A PRIZE, WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY CONTEST- OR PRIZE-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. (HOWEVER (BUT ONLY IF REQUIRED BY LAW IN YOUR JURISDICTION), THIS RELEASE, HOLD HARMLESS, AND INDEMNIFICATION COMMITMENT DOES NOT APPLY TO CASES OF BODILY INJURY OR LOSS OF LIFE OR TO THE EXTENT THAT ANY DEATH OR PERSONAL INJURY IS CAUSED BY THE NEGLIGENCE OF SPONSOR OR OTHER THIRD PARTY, WHERE LIABILITY TO THE INJURED PARTY CANNOT BE EXCLUDED BY LAW). EACH WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, BEYOND ANY NON-EXCLUDABLE GUARANTEES. FURTHER, THE RELEASED PARTIES ARE NOT RESPONSIBLE IN ANY WAY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.
Additional Disclaimers
To the extent permitted by the mandatory provisions of the applicable law, Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the entrant, or by human error (however (but only if required by law in your jurisdiction), except to the extent that any of the following occur for reasons within Sponsor’s reasonable control, where liability to the injured party cannot be excluded by law): entries made by illegitimate means (such as, without limitation, by an automated computer program) or entries in excess of any stated limits; any lost, late, incomplete, illegible, incomprehensible, mutilated, or misdirected email, mail, Instagram message, or Contest-related correspondence or materials; any error, omission, interruption, defect, or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Official Rules, in any Contest-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications. Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind (including, without limitation, Instagram messages from Sponsor that are segregated into the “Message Requests” folder of entrant’s Instagram message inbox), or insufficient space in a person’s e-mail or voicemail inbox to receive messages. Released Parties are not responsible, and may disqualify an entrant, if his or her email address (or other contact information) does not work or is changed without giving prior written notice to Sponsor. Released Parties are not responsible for any changes or unavailability of any web site or online service, including Instagram, that may interfere with the Contest or ability of a person to timely participate, receive notices, or communicate with Sponsor, in which case Sponsor, in its sole discretion, may terminate or modify the Contest. Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any entrant or any person claiming through such entrant for failure to supply the prize or any part thereof in the event that any of the Contest activities or the Released Parties’ operations or activities are affected, as determined by Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any national, federal, state, provincial, territorial, or local government authority, or any other cause, whether or not specifically mentioned above.
General Rules
By entering this Contest (except where prohibited by law), each entrant grants the Released Parties the irrevocable, sublicensable, free-of-charge, absolute right and permission to use, publish, post or display his or her name, photograph, likeness, voice, entry information, biographical information, any quotes attributable to him or her, and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Released Parties’ sole discretion) for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to him or her, anywhere worldwide, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet) without any limitation of time and without notice, review, or approval to or by entrant, and each entrant releases all Released Parties from any and all liability related to such authorized uses. Nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted herein and each entrant waives any right to inspect or approve any such use.
Sponsor’s decisions will be final in all matters relating to this Contest, including interpretation of these Official Rules, selection of the winners, and awarding of the prizes. All entrants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from the Contest. Participants further agree to not damage or cause interruption of the Contest and/or prevent others from participating in the Contest. Sponsor reserves the right to restrict or void participation from any IP address or device if any suspicious entry and/or participation are detected. Sponsor reserves the right, in its sole discretion, to void entries or other participation by any person who Sponsor believes has attempted to tamper with or impair the administration, security, fairness or proper play of this Contest. Sponsor’s failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials and these Official Rules (including any alleged discrepancy or inconsistency within these Official Rules), it will be resolved by Sponsor in its sole discretion. Participants waive any right to claim ambiguity in the Contest or these Official Rules. If Sponsor determines (at any time and in its sole discretion) that any winner or potential winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems inappropriate, threatening, illegal or that is intended to annoy, abuse, or harass any other person, Sponsor reserves the right to disqualify such winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. The Released Parties are not responsible and will have no liability for any content or other participation that is removed from Instagram for any reason at any time, including prior to being recorded by Sponsor as an entry into this Contest, and including removal by Instagram of content that would otherwise qualify as Entry Submission in response to such content being “flagged” or reported as inappropriate. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The Released Parties are not responsible for any changes or unavailability of the Instagram platform that may interfere with the Contest (including any limitations, restrictions, or conditions placed upon Sponsor’s ability to use the Instagram platform for the Contest that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor, in which case Sponsor, in its sole discretion, may terminate or modify the Contest. If the Contest is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest and award the prizes based on eligible entries received prior to cancellation, modification, or suspension, if any, or as otherwise deemed fair and appropriate by Sponsor. If any person supplies false information, participates or obtains entries or points by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain a prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. Any questions, comments, or complaints regarding the Contest should be directed to Sponsor, and not to Instagram. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE CONTEST VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
Disputes/Arbitration/Governing Law
Except where prohibited, as a condition of participating in this Contest, each entrant agrees that any and all disputes that cannot be resolved between the entrant and any Released Party, claims and causes of action arising out of or connected with this Contest, or the prize awarded, or the determination of a winner must be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an entrant be permitted or entitled to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-of-pocket expenses (if any), not to exceed ten dollars ($10), and entrant further waives all rights to have damages multiplied or increased.
This Contest and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the internal laws of the State of New York, U.S., without giving effect to its conflicts of law or choice of law principles or rules that would cause the application of any other state’s/province’s/federal laws. Except for disputes where Sponsor or another Released Party is seeking a preliminary injunction, any and all disputes and claims relating to this Contest must be resolved by submission to individual arbitration under the Commercial Arbitration Rules of the American Arbitration Association and, by entering the Contest, all entrants expressly waive the right to trial by jury or to participate in any class action or class-wide arbitration. The arbitration must be conducted in New York, New York, in the English language, and before three arbitrators appointed in accordance with the Commercial Arbitration Rules. Each party agrees to and will pay one-half of the costs of the arbitration, and entrants will be responsible for their own attorney’s fees. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Any provision of applicable law notwithstanding, the arbitrators will not have authority to award punitive or exemplary damages. Any dispute, claims, and arbitration proceedings must at all times be kept confidential, except to the extent necessary to enforce or collect the arbitration award or except as the parties agree in writing. Each entrant agrees that any action at law or in equity relating to the arbitration provision of these Official Rules must be filed only in the state or federal courts located in New York County, New York, and hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action.
Winner’s List/Official Rules
To find out who won, send a self-addressed stamped envelope to the following address within three (3) months of the end of the Contest Period: InterExchange American Adventure Quest Contest – Winner’s List, c/o: InterExchange, Inc., Marketing Department, 100 Wall Street, Suite 301, New York, NY 10005. For a copy of these Official Rules during the Contest Period, visit www.InterExchange.org/contests/american-adventure-quest/ or send a self-addressed stamped envelope to the following address for receipt during the Contest Period: InterExchange American Adventure Quest – Rules, c/o: InterExchange, Inc., Marketing Department, 100 Wall Street, Suite 301, New York, NY 10005. Only one (1) request of either type per outer envelope will be fulfilled. VT residents may omit return postage for rules requests.
THE SPONSOR OF THIS CONTEST IS: InterExchange, Inc., 100 Wall Street, Suite 301, New York, NY 10005.
Reference to third parties in connection with prizes and/or third-party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship, or affiliation with Sponsor or the Contest. This Contest is in no way sponsored, endorsed, administered by, or associated with Instagram.
Overview
The InterExchange American Adventure Quest Contest (“Contest”), sponsored by InterExchange, Inc., (“Sponsor”), begins at 12:00:00 a.m. Eastern Daylight Time (“EDT”) on or around May 15, 2023, and ends on or around 11:59:59 p.m. EDT on August 15, 2023 (“Contest Period”). An eligible individual may enter the Contest by sharing a qualifying photo or video (“Entry Submission”) on Instagram during the Contest Period. Eligible entrants may submit as many Entry Submissions as they wish during the Contest Period. At the end of the Contest Period, winning entries will be chosen, at the sole discretion of the Sponsor, corresponding to predefined categories.
Eligibility
This Contest is open only to those who (i) are at least the age of majority under applicable law in their jurisdiction of primary residence; (ii) are, during the Contest Period of May 15, 2023 through August 15, 2023, a participant in good standing of a J-1 Visa Exchange Visitor program for which Sponsor is the entrant’s visa sponsor (the “Program”); (iii) and who are a registered user of Instagram. This Contest is unrelated to your participation in the Program. You are not required to participate in this Contest and your decision to enter or not to enter this Contest has no bearing on your standing in the Program. By participating in this Contest, you acknowledge that you understand and will maintain compliance with all program rules and regulations (including regular reporting in the SEVIS system where applicable). This Contest is void where prohibited by law. Corporate entities are not eligible and have no right to claim any prize won by their employees.
Employees, officers, directors, members, managers, agents, and representatives and family members of such individuals (or people living in the same household, whether related or not) of Sponsor, or of its corporate partners, parent companies, divisions, subsidiaries, affiliates, successors in interest, and advertising, promotion and public relations agencies or any other entities participating in the design, promotion, marketing, administration, or fulfillment of this Contest (collectively, with Instagram, the “Released Parties”) may participate in this Contest, but are not eligible to win prizes as defined in PRIZES & RETAIL VALUE below. For purposes of this Contest, “family members” is defined as spouse, partner, parent, legal guardian, in-laws, grandparent, sibling, child and grandchild. Participation in this Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor.
To enter
During the Contest Period, eligible individuals may enter the Contest by posting an Entry Submission) to their publicly-accessible Instagram account that depicts entrant attending or participating in an activity during the Contest Period that is representative of the entrant’s international cultural exchange and cultural learning experience (“Cultural Activity”), along with a brief description of the Cultural Activity depicted (collectively, the “Entry Submission”). Each qualifying post must reference the @InterExchange Instagram account and include the hashtag #Ameriventure2023. The context of the Photo or Video must make it clear that entrant attended, observed, or participated in the Cultural Activity depicted.
Your Entry Submission must remain visible to Sponsor for the duration of the Contest Period and through the selection of winners and award of the prizes. If, prior to the award of the prizes, your Entry Submission is removed (by you or Instagram or otherwise) or is otherwise not actually visible to Sponsor for any reason, your Entry Submission will be deemed ineligible in the Contest. Entries received during the Contest Period and in full accordance with these Official Rules will be judged at the sole discretion of Sponsor. Sponsor, in its sole discretion, may accept or disqualify Entry Submission that omits any required content or includes any content superfluous to the required content. Incomplete attempts at entry, those identified or received outside the Contest Period, and/or any Entry Submission that contains obscene or offensive content or any content or language communicating messages inconsistent with the positive images with which Sponsor wishes to associate (all as determined by Sponsor in its sole discretion) will be void and not eligible for entry.
You may submit as many Entry Submissions as you wish during the Contest Period.
You may not submit multiple Entry Submissions that are identical to Entry Submissions previously submitted by you. Normal Internet access and usage charges imposed by your Internet Service Provider may apply. Entries must be posted during the Contest Period in strict accordance with the instructions and restrictions in these Official Rules and Instagram Terms of Use. Sponsor’s clock will be the official timekeeper for this Contest. For purposes of this Contest, only Entry Submissions that are actually posted and that are actually visible to Sponsor throughout the Contest Period, the selection of winners, and the awarding of the prizes will be considered. Proof of posting (such as, without limitation, a printed, saved or copied screenshot showing a purported Entry Submission) does not constitute proof of eligible entry for purposes of this Contest. Those who do not provide all required entry information, successfully post an Entry Submission, or abide by these Official Rules and other instructions of Sponsor and its representatives may, in Sponsor’s sole discretion, be disqualified and all associated entries void. Attempts made by an individual to submit entries in excess of any limit or otherwise in violation of these Official Rules, by using multiple or false contact information or otherwise, may be disqualified. Purported entries that are forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate, incomprehensible, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void. Entries or participation made on your behalf by any other individual, made by any entity or group, or originating at any website or online service other than Instagram, including, without limitation, through commercial promotion subscription notification or entering services, will be declared invalid and disqualified for this Contest. Each winner may be required to show proof of being a current InterExchange participant in good standing. As a condition of entering the Contest, without limiting any other provision in these Official Rules, each entrant gives consent for Sponsor and its agents to obtain and deliver his or her name, address, and other information and content to third parties for the purpose of administering this Contest and complying with applicable laws, regulations, and rules. ANY ENTRY OR ENTRY POST THAT DOES NOT CONFORM TO THE REQUIREMENTS IN THESE OFFICIAL RULES MAY, IN SPONSOR’S SOLE DISCRETION, BE DEEMED INELIGIBLE.
Submission Requirements
Your Entry Submission must meet all of the following requirements, as determined by Sponsor in its sole discretion, or the associated entry may be disqualified: The description of the Cultural Activity included in your Entry Submission must be written in English or, if written in another language, accompanied by an English translation.
Photos and Videos must abide by all size, format, resolution, and other technical requirements imposed by Instagram.
All aspects of the Entry Submission must be originally created by and solely owned by you, unless you appear in content included in your Entry Submission (e.g., a Photo or Video) and you have the explicit written consent of the content owner to use such content in your Entry Submission. Upon request from Sponsor, you may be required to provide Sponsor with adequate proof (as determined by Sponsor) that you have the consent of such content owner as a condition of winning any prize in this Contest.
- Entry Submission. Upon request from Sponsor, you may be required to provide Sponsor with adequate proof (as determined by Sponsor) that you have the consent of such content owner as a condition of winning any prize in this Contest.
- Entry Submission must NOT depict, identify, or include any person other than the entrant, unless the person depicted is the age of majority in his or her jurisdiction of residence and entrant has such person’s explicit written consent to include him/her in the Entry Submission, adequate proof of which (as determined by Sponsor) will be provided by entrant to Sponsor upon request as a condition of winning any prize in this Contest.
- Entry Submission must NOT contain any commercial or corporate advertising other than InterExchange logo or brand identifier.
- Entry Submission must not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright (including moral rights), trademark, trade secret, or right of privacy or publicity.
- Entry Submission must be unpublished and not have been submitted in any other contest, promotion, or competition.
- Entry Submission must not include information or content that is false, fraudulent, deceptive, misleading, defamatory, threatening, slanderous, libelous, trade libelous, disparaging, unlawfully harassing, profane, obscene, pornographic, hateful, indecent, inappropriate or injurious to any individual, any Released Party, or any third party.
- Entry Submission must not contain or describe any harmful, unsafe, or illegal activity (including, without limitation, any destruction of property or harm to animals) or content or in any way violate any federal, state, or local law, rule, or regulation.
- Entry Submission must be suitable for presentation in a public forum.
- Entry Submission must not contain any reference to or depiction of gambling, tobacco, alcohol, illegal drugs, or firearms.
- Entry Submission must not promote any political agenda or message.
- Any Photo or Video submitted as part of your Entry Submission must not be significantly retouched. No element of the Photo (e.g., people, animals, scenery, objects, etc.) may be altered, removed, augmented, or rearranged. For Photos, cropping is permitted, as is modest darkening or lightening of parts of the image.
- Entry Submission must not violate any requirements set forth by Sponsor or the U.S. Department of State applicable to the Program or to J-1 Exchange Visitor Visa programs generally.
- Entrant agrees that his/her participation in the Contest and agreement to these Official Rules and any Released Party’s display and use of his/her Entry Submission will not violate any agreement to which entrant is a signatory or party.
- Entrant agrees to indemnify the Released Parties against any and all claims from any third party for any use or reuse by any Released Party of the Entry Submission in accordance with the rights granted the Released Parties in these Official Rules.
Sponsor reserves the right in its sole discretion to disqualify from the Contest and/or cease or refrain from displaying or publishing any Entry Submission that, in its sole discretion, refers, depicts, or in any way reflects negatively upon a Released Party, the Contest, or any other person or entity or does not comply with these Submission Requirements or any other requirement of these Official Rules.
Winner Selection/Notification
Eligible Entry Submissions will be judged by a panel of judges chosen in Sponsor’s sole discretion (“the Judges”). After the end of the Contest Period, winning entries will be selected by the Judges. Winning entrants will receive one (1) Apple iPad™ as described in the “Prizes & Retail Value” section. Second and third place winners will receive a gift pack of InterExchange-branded merchandise, the contents of which will be determined by Sponsor.
In the event of a tie in the selection of a winning entry post, the tie will be broken by naming as the winner the Entry Submission with the highest Instagram Engagement at the time of judgment.
Sponsor reserves the right to contact participants for verification purposes and administration of the Contest. All Judges’ decisions are final and binding in all matters relating to this Contest. Each entrant acknowledges that other entrants may have participated in Cultural Activities similar to those participated in by entrant and/or created ideas and concepts contained in their Entry Submission that may have familiarities or similarities to his/her Entry Submission. Each entrant acknowledges that he/she will not be entitled to any compensation or right to negotiate with the Released Parties because of these familiarities or similarities.
Sponsor or its designee will attempt to notify the potential winners in this Contest within approximately five (5) business days after the end of the Contest Period by email or Instagram message (as determined by Sponsor in its sole discretion). Each potential winner may, in Sponsor’s sole discretion, be required to complete, sign, have notarized (if applicable), and return an Affidavit of Eligibility and Liability/Publicity Release (unless prohibited by law) and tax documents, if applicable (collectively, “Prize Winner Documents”), any or all of which may require the potential winner to provide his or her Social Security Number or taxpayer ID number, and a copy of a government-issued identification or number therefrom, within the time frame specified and in the form provided by Sponsor (without revision), or prize may be forfeited. The Prize Winner Documents, if applicable, must be received by Sponsor within seven (7) days of Sponsor sending the documents to the potential winner or other time frame as stated in the Prize Winner Documents, or prize may be forfeited. If any prize, prize notification, or other Contest-related communication is returned as undeliverable, or if a selected winner cannot be reached or does not respond as instructed after Sponsor has attempted to notify that potential winner, that selected winner may be disqualified. The prize claim and Prize Winner Documents are subject to verification by Sponsor. The prizes, if legitimately claimed, will be awarded. Due to the way that prizes are awarded in this Contest, Sponsor will not pursue alternate winners for any such prize should a potential winner of that prize be disqualified. Decisions of the Sponsor are final on all matters relating to the Contest, including interpretation of these Official Rules, determining the winners, and awarding of the prizes.
Prizes & Retail Value
Prizes: Subject to verification, one (1) Grand Prize winner will earn an Apple iPad™ with a value of approximately $449 USD. Second place winner will receive InterExchange-branded merchandise including one (1) t-shirt, (1) pair of sunglasses, and other items as determined at the sole discretion of the Sponsor, with a value not exceeding $75 USD. Third place winner will receive InterExchange-branded merchandise including one (1) t-shirt, (1) pair of sunglasses, and other items as determined at the sole discretion of the Sponsor, with a value not exceeding $50 USD.
The following applies to all prizes available in this Contest: All prize details not specifically stated in these Official Rules will be determined by Sponsor in its sole discretion. Any gift cards may be subject to additional terms and conditions by their respective issuers as specified on the card or item or in any accompanying materials. For gift cards, such terms may include geographic restrictions that require the card to be used within the United States. All taxes (national/federal, state/provincial/territorial, and local), as well as any expenses not specified in these Official Rules as being provided as part of the prize, are the sole responsibility of winner. Sponsor is not responsible for and will not replace any lost, mutilated, or stolen prize, or any prize that is undeliverable or does not reach a winner because of incorrect or changed contact information. If winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. Sponsor is not responsible for any inability of any winner to accept or use any prize (or portion thereof) for any reason. No transfers, prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability. No more than the stated prizes will be awarded. Participants waive the right to assert as a cost of winning any prize, any and all costs of verification and redemption or travel to claim the prize and any liability and publicity which might arise from claiming or seeking to claim said prize.
License
By entering, except where prohibited by law, each entrant grants to the Released Parties, and their agents, successors, and assigns, the irrevocable, sublicensable, absolute and perpetual right and permission to use, edit, modify, cut, rearrange, add to, delete from, reproduce, translate, separate, dub, adapt, publish, combine with other material, and exploit the content of and elements embodied in the Entry Submission, in any and all media, whether now existing or hereafter devised (including online and in digital media), in any language, throughout the world, and in any manner, including for trade, advertising, promotional, commercial, or any other purposes, without further notice, review, approval, consideration, or compensation to or by entrant. Each entrant agrees that the licensed entities may, but are not required to, attribute the Entry Submission (or any part thereof) to entrant. Each entrant waives and releases the Released Parties from any and all claims that entrant may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to the Released Parties’ exploitation of Entry Submissions without further notification or compensation to entrant of any kind, and agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties, each of their licensees, or any other person in connection with this Contest, on the grounds that any use of any Entry Submission or element thereof or derivative works therefrom, infringes or violates any of entrant’s rights (including MORAL RIGHTS) therein.
Each entrant acknowledges and agrees that nothing in these Official Rules will require a Released Party to use the Entry Submission in part or in whole or to include the Entry Submission in any Released Party-related property. Each entrant hereby acknowledges and agrees that the relationship between the entrant and each of the Released Parties is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to submit his/her Entry Submission for purposes of the Contest does not place any of the Released Parties in a position that is any different from the position held by members of the general public with regard to elements of the Entry Submission, other than as set forth in these Official Rules. Each entrant understands and acknowledges that Sponsor has wide access to ideas, essays, images, videos and other creative materials. Each entrant also acknowledges that many ideas, stories, photographs, or videos may be competitive with, similar to, or identical to his/her Entry Submission and/or each other in idea, components, format, or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material that has or may come to Sponsor from other sources. Each entrant acknowledges and agrees that Sponsor does not now and will not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the entrant’s copyright in and to his/her Entry Submission or its constituent elements. Each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Released Party’s actual or alleged exploitation or use of any Entry Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any Released Party property or product, and entrant’s rights and remedies in any such event are strictly limited to the right to recover damages, if any, in an action at law.
Limitation of Liability
NOTHING IN THESE OFFICIAL RULES LIMITS, EXCLUDES, OR MODIFIES OR PURPORTS TO LIMIT, EXCLUDE, OR MODIFY ANY STATUTORY CONSUMER GUARANTEES OR ANY IMPLIED CONDITION OR WARRANTY, THE EXCLUSION OF WHICH FROM THESE TERMS AND CONDITIONS WOULD CONTRAVENE ANY STATUTE OR CAUSE ANY PART OF THESE OFFICIAL RULES TO BE VOID (“NON-EXCLUDABLE GUARANTEES”). SUBJECT TO THE LIMITATIONS IN THE PRECEDING SENTENCE, SPONSOR EXCLUDES FROM THESE OFFICIAL RULES ALL CONDITIONS, WARRANTIES, AND TERMS IMPLIED BY STATUTE, GENERAL LAW, OR CUSTOM, EXCEPT FOR LIABILITY IN RELATION TO A NON-EXCLUDABLE GUARANTEE. SUBJECT TO ANY NON-EXCLUDABLE GUARANTEES, EACH ENTRANT AGREES TO RELEASE, HOLD HARMLESS, AND INDEMNIFY THE RELEASED PARTIES FROM ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE, OR AWARDING OF A PRIZE, WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY CONTEST- OR PRIZE-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. (HOWEVER (BUT ONLY IF REQUIRED BY LAW IN YOUR JURISDICTION), THIS RELEASE, HOLD HARMLESS, AND INDEMNIFICATION COMMITMENT DOES NOT APPLY TO CASES OF BODILY INJURY OR LOSS OF LIFE OR TO THE EXTENT THAT ANY DEATH OR PERSONAL INJURY IS CAUSED BY THE NEGLIGENCE OF SPONSOR OR OTHER THIRD PARTY, WHERE LIABILITY TO THE INJURED PARTY CANNOT BE EXCLUDED BY LAW). EACH WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, BEYOND ANY NON-EXCLUDABLE GUARANTEES. FURTHER, THE RELEASED PARTIES ARE NOT RESPONSIBLE IN ANY WAY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.
Additional Disclaimers
To the extent permitted by the mandatory provisions of the applicable law, Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the entrant, or by human error (however (but only if required by law in your jurisdiction), except to the extent that any of the following occur for reasons within Sponsor’s reasonable control, where liability to the injured party cannot be excluded by law): entries made by illegitimate means (such as, without limitation, by an automated computer program) or entries in excess of any stated limits; any lost, late, incomplete, illegible, incomprehensible, mutilated, or misdirected email, mail, Instagram message, or Contest-related correspondence or materials; any error, omission, interruption, defect, or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Official Rules, in any Contest-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications. Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind (including, without limitation, Instagram messages from Sponsor that are segregated into the “Message Requests” folder of entrant’s Instagram message inbox), or insufficient space in a person’s e-mail or voicemail inbox to receive messages. Released Parties are not responsible, and may disqualify an entrant, if his or her email address (or other contact information) does not work or is changed without giving prior written notice to Sponsor. Released Parties are not responsible for any changes or unavailability of any web site or online service, including Instagram, that may interfere with the Contest or ability of a person to timely participate, receive notices, or communicate with Sponsor, in which case Sponsor, in its sole discretion, may terminate or modify the Contest. Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any entrant or any person claiming through such entrant for failure to supply the prize or any part thereof in the event that any of the Contest activities or the Released Parties’ operations or activities are affected, as determined by Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any national, federal, state, provincial, territorial, or local government authority, or any other cause, whether or not specifically mentioned above.
General Rules
By entering this Contest (except where prohibited by law), each entrant grants the Released Parties the irrevocable, sublicensable, free-of-charge, absolute right and permission to use, publish, post or display his or her name, photograph, likeness, voice, entry information, biographical information, any quotes attributable to him or her, and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Released Parties’ sole discretion) for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to him or her, anywhere worldwide, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet) without any limitation of time and without notice, review, or approval to or by entrant, and each entrant releases all Released Parties from any and all liability related to such authorized uses. Nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted herein and each entrant waives any right to inspect or approve any such use.
Sponsor’s decisions will be final in all matters relating to this Contest, including interpretation of these Official Rules, selection of the winners, and awarding of the prizes. All entrants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from the Contest. Participants further agree to not damage or cause interruption of the Contest and/or prevent others from participating in the Contest. Sponsor reserves the right to restrict or void participation from any IP address or device if any suspicious entry and/or participation are detected. Sponsor reserves the right, in its sole discretion, to void entries or other participation by any person who Sponsor believes has attempted to tamper with or impair the administration, security, fairness or proper play of this Contest. Sponsor’s failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials and these Official Rules (including any alleged discrepancy or inconsistency within these Official Rules), it will be resolved by Sponsor in its sole discretion. Participants waive any right to claim ambiguity in the Contest or these Official Rules. If Sponsor determines (at any time and in its sole discretion) that any winner or potential winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems inappropriate, threatening, illegal or that is intended to annoy, abuse, or harass any other person, Sponsor reserves the right to disqualify such winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. The Released Parties are not responsible and will have no liability for any content or other participation that is removed from Instagram for any reason at any time, including prior to being recorded by Sponsor as an entry into this Contest, and including removal by Instagram of content that would otherwise qualify as Entry Submission in response to such content being “flagged” or reported as inappropriate. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The Released Parties are not responsible for any changes or unavailability of the Instagram platform that may interfere with the Contest (including any limitations, restrictions, or conditions placed upon Sponsor’s ability to use the Instagram platform for the Contest that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor, in which case Sponsor, in its sole discretion, may terminate or modify the Contest. If the Contest is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest and award the prizes based on eligible entries received prior to cancellation, modification, or suspension, if any, or as otherwise deemed fair and appropriate by Sponsor. If any person supplies false information, participates or obtains entries or points by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain a prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. Any questions, comments, or complaints regarding the Contest should be directed to Sponsor, and not to Instagram. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE CONTEST VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
Disputes/Arbitration/Governing Law
Except where prohibited, as a condition of participating in this Contest, each entrant agrees that any and all disputes that cannot be resolved between the entrant and any Released Party, claims and causes of action arising out of or connected with this Contest, or the prize awarded, or the determination of a winner must be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an entrant be permitted or entitled to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-of-pocket expenses (if any), not to exceed ten dollars ($10), and entrant further waives all rights to have damages multiplied or increased.
This Contest and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the internal laws of the State of New York, U.S., without giving effect to its conflicts of law or choice of law principles or rules that would cause the application of any other state’s/province’s/federal laws. Except for disputes where Sponsor or another Released Party is seeking a preliminary injunction, any and all disputes and claims relating to this Contest must be resolved by submission to individual arbitration under the Commercial Arbitration Rules of the American Arbitration Association and, by entering the Contest, all entrants expressly waive the right to trial by jury or to participate in any class action or class-wide arbitration. The arbitration must be conducted in New York, New York, in the English language, and before three arbitrators appointed in accordance with the Commercial Arbitration Rules. Each party agrees to and will pay one-half of the costs of the arbitration, and entrants will be responsible for their own attorney’s fees. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Any provision of applicable law notwithstanding, the arbitrators will not have authority to award punitive or exemplary damages. Any dispute, claims, and arbitration proceedings must at all times be kept confidential, except to the extent necessary to enforce or collect the arbitration award or except as the parties agree in writing. Each entrant agrees that any action at law or in equity relating to the arbitration provision of these Official Rules must be filed only in the state or federal courts located in New York County, New York, and hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action.
Winner’s List/Official Rules
To find out who won, send a self-addressed stamped envelope to the following address within three (3) months of the end of the Contest Period: InterExchange American Adventure Quest Contest – Winner’s List, c/o: InterExchange, Inc., Marketing Department, 100 Wall Street, Suite 301, New York, NY 10005. For a copy of these Official Rules during the Contest Period, visit www.InterExchange.org/contests/american-adventure-quest/ or send a self-addressed stamped envelope to the following address for receipt during the Contest Period: InterExchange American Adventure Quest – Rules, c/o: InterExchange, Inc., Marketing Department, 100 Wall Street, Suite 301, New York, NY 10005. Only one (1) request of either type per outer envelope will be fulfilled. VT residents may omit return postage for rules requests.
THE SPONSOR OF THIS CONTEST IS: InterExchange, Inc., 100 Wall Street, Suite 301, New York, NY 10005.
Reference to third parties in connection with prizes and/or third-party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship, or affiliation with Sponsor or the Contest. This Contest is in no way sponsored, endorsed, administered by, or associated with Instagram.
