PHILADELPHIA CONVENTION & VISITORS BUREAU
NATIONAL TRAVEL AND TOURISM WEEK – TRAVEL POSTER ART CONTEST OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THE PHILADELPHIA CONVENTION & VISITORS BUREAU TRAVEL POSTER ART CONTEST. THE CONTEST IS A COMPETITION OF CREATIVITY AND SKILL AS DETERMINED BY THE CONTEST JUDGES. ONLY ELIGIBLE PARTICIPANTS MAY ENTER. THESE OFFICIAL RULES (THE “OFFICIAL RULES”) ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND PHILADELPHIA CONVENTION & VISITORS BUREAU (“SPONSOR”) AND GOVERN YOUR PARTICIPATION IN THE CONTEST. PARTICIPATION IN THE CONTEST CONSTITUTES YOUR FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THE OFFICIAL RULES. DO NOT ENTER IF YOU RESIDE OUTSIDE THE GEOGRAPHICAL AREA, ARE UNDER THE AGE OF 18 OR THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE, OR DO NOT OR CANNOT AGREE TO OR FULLY COMPLY WITH ALL TERMS AND CONDITIONS OF THE OFFICIAL RULES. THE CONTEST IS GOVERNED BY THE OFFICIAL RULES, AND SUBJECT TO ALL APPLICABLE U.S. FEDERAL, STATE AND LOCAL LAWS, AND PROVINCIAL OR TERRITORIAL LAWS, AND IS VOID WHEREVER PROHIBITED BY LAW.
- CONTEST DESCRIPTION: Philadelphia Convention & Visitors Bureau’s Travel Poster Art Contest for National Travel And Tourism Week (the “Contest”) invites Eligible Participants (defined in Section 3) to submit an Entry (defined in Section 4.1) for a new travel poster promoting Philadelphia tourism (as further described below, the “Poster”), during the Entry Period (defined below). The entry period will run from March 13, 2020 until 11:59 p.m. Eastern Time on April 17, 2020 (the “Entry Period”), during which time an Eligible Participant may submit one Entry through the submission procedure enabled through SurveyMonkey or other website or electronic or digital media submission procedure designated by Sponsor and accessible from Sponsor’s website (the “Entry Submission Website”). Each Eligible Participant who submits an Entry is referred to as an “Entrant.” The winner(s) of the Contest will be announced at a press conference on or about May 4, 2020, or on such other date or means of notification as determined by Sponsor within its sole discretion. The winning Entry will be displayed at Carpenters’ Hall at 320 Chestnut St, Philadelphia, PA 19106 through May 29, 2020.
- CONTEST PERIOD: The various phases of the Contest include the Entry Period, judging of submissions by Sponsor, and public announcement and display of the winning Poster, as further described below. The Contest starts on March 13, 2020 and ends at 11:59 p.m. ET on or around May 31, 2020 or as otherwise communicated by Sponsor (the “Contest Period”). Eastern Time shall control for all purposes of this Contest.
- ELIGIBILITY: To be eligible to enter or in any way participate in the Contest (as an “Eligible Participant”) you must: (i) be a legal resident of the 49 United States and District of Columbia, EXCLUDING residents of Arizona, Guam, Puerto Rico and all other U.S. territories and possessions, and all other countries including Canada; (ii) be eighteen (18) years of age or older and the age of majority in your state, province, or territory of residence at the time of entry; (iii) be the creator of the Entry and have the right and authority to submit the Entry to Sponsor; (iv) not be an employee of Sponsor or Sponsor’s partners directly involved with the Contest, including The Carpenters’ Company of the City and County of Philadelphia, and/or have, within one year prior to the start of the Contest, performed services for such parties, or its and their affiliates, subsidiaries, and/or successor entities or any organizations responsible for fulfilling, administering, advertising or promoting the Contest, and the immediate family and household members of such individual; and (v) agree to and fully comply with these Official Rules and all other rules and guidelines established by Sponsor and to fill out, sign and agree to all of the terms and conditions of Sponsor’s required forms and agreements. By entering you agree to be bound by the decisions of Sponsor, which shall be binding and final in all respects. By submitting an Entry featuring, containing, or referencing any identifiable person, place, or likeness, you represent and warrant that you have all necessary permissions, releases, and consents to do so and shall, upon Sponsor’s request, provide satisfactory proof of such permissions, releases, and consents.
ALL FORMS AND AGREEMENTS AND ANY OTHER DOCUMENTS REQUIRED IN THIS CONTEST MUST BE FILLED OUT COMPLETELY AND TRUTHFULLY. IF YOU FAIL TO COMPLETE ANY FORM OR AGREEMENT, GIVE ANY FALSE INFORMATION, OR FAIL TO REVEAL ANY PERTINENT INFORMATION, YOU MAY BE DISQUALIFIED FROM THE CONTEST.
- HOW TO ENTER AND ENTRY REQUIREMENTS:
- How to Enter. To enter the Contest, Eligible Participants must visit the Entry Submission Website during the Entry Period and upload a Poster depicting the theme of the promotion of Philadelphia tourism which meets the criteria herein and any other instructions provided by Sponsor on the Entry Submission Website. Your Poster may be any size and medium, but it must be submitted as a digital file having a reasonably practical resolution, file size, and printed poster size. We recommend that each submission have a resolution of no fewer than 300 dots per inch (or “DPI”), with a file size less than 16 MB, and be suitable for printing in horizontal orientation as a 19 inch x 25 inch framed poster. Entrants must also complete all requirements by following the instructions provided, which may include an entry form with your first and last name, complete home mailing address (no P.O. boxes), a telephone number (including area code), date of birth, email address, title and description of the Poster, and any other information requested by Sponsor. The Poster and other materials and information submitted by Entrant are collectively referred to herein as the “Entry.” By submitting an Entry, you represent and warrant that: (i) you are an Eligible Participant and your Entry complies with the Official Rules; (ii) you are the sole creator of the Entry; (iii) the Poster was not previously published or the winner of an award of any kind; (iv) the Entry does not infringe or violate the rights of any third-party, including but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights; (v) if your Entry includes images of any person, you have full right, authority, permission and consent from said person/people who appear in the Poster; (vi) the use, exhibition, or exploitation of the Poster by Sponsor will not require them to pay or incur any sums to any person or entity; (vii) you are not a member of ACTRA, SAG-AFTRA or any other performer’s guild or union; and (viii) you obtained all permissions necessary in connection with the Entry and, upon request, will provide those permissions to Sponsor in a form acceptable to Sponsor. In the event any Entry does not comply with the foregoing or is not authorized by any individual being represented or otherwise implicated or involved with the Entry, Sponsor reserves the right to disqualify any such Entry and remove the Entry from the Contest, including the Entry’s public display if selected.
- General Requirements for Entries. Entries that are forged, altered, or mechanically generated or reproduced by entry devices, macros, bots, and/or other programs and/or software and/or any automated means will not be accepted and will be void. Use of multiple email addresses or social media accounts to submit multiple Entries or otherwise violate these Official Rules or the use of any automated system to participate is prohibited and will result in disqualification and all such Entries will be deemed void. Entries will not be acknowledged or returned. Limit one (1) Entry per person throughout the Entry Period. Entries submitted to the Entry Submission Website will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an internet access provider, online service provider or organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Your Entry must be consistent with the image and reputation of Sponsor. Entries cannot, as determined by Sponsor in its sole discretion: (i) be offensive or inappropriate; (ii) be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, or pornographic, contain nudity or any materially-dangerous activity; (iii) include any trademarks, service marks, logos, or copyrights or other materials not owned by you, the Entrant, or used without the owner’s express written permission; (iv) use the name, image, likeness, or other identifiable feature of any person, live or dead, without such person’s express written permission, in a form acceptable to Sponsor; (v) include any celebrities, mascots, or public figures; (vi) contain profanity, sexual content, content promoting alcohol, illegal drugs, tobacco, firearms, or weapons, hateful content of any kind (including racism, sexism, etc.), or that promotes or suggests violence or harm to any person or animal, or any other offensive, obscene, or inappropriate content; (vii) defame, misrepresent, or contain disparaging remarks about other people or entities, including, but not limited to Sponsor or any of its partners, affiliates, or advertisers; (viii) make threats of any kind, harass, bully or intimidate another; or (ix) violate any applicable federal, state or local laws.
ALL ENTRIES MUST BE RECEIVED BY 11:59 p.m. ET ON APRIL 17, 2020.
- JUDGING CRITERIA AND REQUIREMENTS:
- Judging. Entries will be judged by a group of people chosen by Sponsor, and a winning Poster will be selected which best depicts and describes the theme of promoting Philadelphia tourism, which may include criteria such as interpretation and the clarity of the theme to the Entrant, creativity and originality of the Poster, and quality of the artistic composition and overall design.
- Additional Requirements/Expectations for Entrants. By entering the Contest, all Entrants agree to participate in interview(s) with Sponsor and provide any additional information requested by Sponsor, in its sole discretion. If any Entrant should, prior to or during or after the Contest Period, fail, refuse or neglect to govern Entrant’s conduct with due regard to social conventions and public morals and decency, or commit or be accused of committing any act which brings Entrant into public disrepute, scandal, contempt or ridicule or which shocks, insults or offends a substantial portion or group of the community or reflects unfavorably on Sponsor, then Sponsor, at its sole discretion, may, in addition to and without prejudice to any other remedy of any kind or nature set forth herein, disqualify Entrant from the Contest. If an Entrant makes a statement publicly, including on or through social media, regarding the Contest, Sponsor, and/or any of its or their partners, affiliates, or advertisers, Entrant must: (i) only make statements that reflect their honest beliefs, opinions, or experiences; (ii) not make any deceptive or misleading claims about products or services of any party; (iii) not make any claims about the products or services of any party that are not substantiated (i.e., adequate proof exists to back-up the claim); (iv) not engage in any communication that is defamatory or infringes upon the intellectual property or privacy and publicity rights of others; (v) not make offensive comments that have the purpose or effect of creating an intimidating or hostile environment, including disparaging Sponsor and/or its affiliates, advertisers, officers, directors, shareholders or competitors; (vi) not use ethnic slurs, personal insults, obscenity or other offensive language; and (vii) not make any comments or post any content that in any way defames or offends any third-party or that may promote unsafe or illegal activities. Entrants must comply with all applicable Federal Trade Commission rules and regulations, including without limitation, the FTC Endorsement and Testimonial Guidelines. Entrants must disclose the material connection between Entrant and Sponsor, in all statements made concerning Sponsor.
- Ownership Applicable to All Entrants. By submitting an Entry, each Entrant agrees that the Entry, including the Poster, whether or not protected by copyright, shall become the property of Sponsor upon its creation, and, in the case of copyrightable works, upon its fixation in a tangible medium of expression, and shall not be returned or acknowledged. Each Entrant agrees that they shall not have or claim to have any right, title or interest in or to any material or content embodied in the Entry. By submitting an Entry, including the Poster, you agree that the Entry, including the Poster (or in connection with any ancillary, subsidiary, supplemental, promotional or derivative work relating to any version of the Entry, including the Poster), and all other materials of every kind whatsoever created relating to any version of the Entry, including the Poster shall be a “work made for hire” within the meaning of the Copyright Law for the sole benefit of Sponsor, prepared as a work specially ordered or commissioned for use as a part of an audio-visual work, of which Sponsor is to be deemed the “author” within the meaning of Copyright Law. All rights in and to the Entry and copyrightable works, as well as all copies of such works in whatever medium fixed or embodied, shall be owned exclusively by Sponsor upon their creation, including the exclusive right to reproduce, to distribute, to create adaptations or derivative works, to perform and display the Entry, and license or sublicense the Entry to third parties, and each Entrant shall have no interest in any of the Entry. Without limiting the foregoing, if any of the Entry, or any part or element of the Entry, is not deemed to be a “work made for hire” for Sponsor, each Entrant irrevocably and exclusively grants and assigns to Sponsor (or, if any applicable law prohibits such assignment, Entrant hereby grants to Sponsor an irrevocable, worldwide, royalty-free perpetual license of) all right, title and interest in and to such Entry, throughout the universe, in perpetuity, in any and all media, whether now or hereafter known or devised including print, TV, radio, mobile, electronic, digital, internet, social media, Sponsor or its partners’ websites, social media platforms and accounts, and any third-party websites as selected by Sponsor. Each Entrant hereby appoints Sponsor as their attorney-in-fact to sign any documents necessary to transfer and assign Entrant’s copyright to Sponsor, to exercise Sponsor’s rights hereunder, and further agrees to sign any other documents reasonably necessary to transfer and assign said copyright to Sponsor or to exercise Sponsor’s rights hereunder. An Entrant who does respond to Sponsor in a timely fashion or complete and sign requested documents may be disqualified, in Sponsor’s sole discretion. All rights granted by these Official Rules are applicable to all localizations, modifications, and derivations of the Poster, and to the creation and use of promotional or other materials to promote or complement the Contest.
- WAIVER OF RIGHT OF APPROVAL: Entrant hereby waives any right of inspection or approval of the Entry, including the Poster and Likenesses as used and distributed by the Sponsor Parties, including without limitation any approval of proposed uses of Entrant’s Likeness.
- CANCELLATION OF CONTEST: If for any reason the Contest does not occur as planned or one or more Entries are not received by Sponsor, due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right, at its sole discretion, to disqualify any individual and/or to cancel, terminate, modify, or suspend the Contest, in whole or in part. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. Sponsor is not responsible for any problems or technical malfunctions of any online systems, servers, or providers, computer equipment, software, failure of any Entry, email, or other communication to be received by Sponsor due to technical problems, human error or traffic congestion on the Internet or at any Entry Submission Website, or any combination thereof, including any injury or damage to Entrant’s or any other party’s computer or network relating to or resulting from participating in this Contest or downloading any materials in this Contest.
- RIGHT TO CANCEL, MODIFY: Sponsor reserves the right to modify, extend, suspend, or terminate the Contest, including modifying the Contest Period, in Sponsor’s sole discretion, for fraud, technical failures or difficulties, human error or any reason that may affect the integrity or functioning of the Contest, and notice of any modification, extension, suspension or termination will be posted on Sponsor’s website and/or the Entry Submission Website.
- RELEASE OF LIABILITY, DISCLAIMER OF WARRANTY, AND INDEMNIFICATION: By participating in the Contest, Entrants agree to release and hold harmless Sponsor Parties, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including intellectual property infringement, property damage, personal injury, defamation, and/or violation of privacy or publicity rights which may occur in connection with preparation for, or participation in, the Contest, or participation in any Contest-related activity. Sponsor Parties assume no responsibility for any injury or damage to Entrants, or to any other person’s computer, regardless of how caused, relating to or resulting from entering, submitting, uploading, or downloading materials or software in connection with this Contest. In the event that you breach any of your representations, warranties or undertakings contained herein, Sponsor Parties shall be entitled to and may seek indemnification from you for recovery of all legal fees, damages, claims and other expenses that may be incurred by Sponsor Parties as a result of your breach. Entrants agree to indemnify Sponsor Parties from any third-party claims, damages, losses or injuries, including reasonable attorneys’ fees and costs, arising from or relating to Entrant’s participation in the Contest and the Entry. Entrants acknowledge that Sponsor Parties have neither made nor are in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any prize or outcome of the Contest. Each Entrant hereby acknowledges and agrees that the relationship between Entrant and Sponsor is not a confidential, fiduciary, or other special relationship, and that Entrant’s decision to provide submit an Entry to Sponsor for purposes of the Contest does not place Sponsor in a position that is any different from the position held by members of the general public with regard to elements of Entrant’s Entry. Each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Entry Materials, 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 and Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law. By submitting the Entry, each Entrant agrees they shall not be entitled to any compensation for use of the Entry, or Entrant’s name, Likeness, photograph, voice, biographical information, or any other information submitted by you.
- CHOICE OF LAW: Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrant or Sponsor in connection with the Contest shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania without giving effect to any choice of law or conflict of law rules. In addition, any dispute relating to the Contest shall be brought in the appropriate state or federal court having jurisdiction over the subject matter located in the County of Philadelphia, Pennsylvania. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction they may have.
- LIMITATIONS OF LIABILITY: Sponsor Parties are not responsible for, nor are they obligated including to authenticate or corroborate Entries or Entrant information, in connection with: (i) any Entries that contain inaccurate information or do not comply with or violate the Official Rules; (ii) Entries that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with the Sponsor Parties that may limit an Entrant’s ability to participate in the Contest; (iii) unauthorized human intervention in any part of the entry process or Contest; (iv) persons who have committed fraud or deception in submitting an Entry; (v) telephone, electronic, hardware, software, network, internet or computer malfunctions, failures or difficulties; (vi) technical or human error which may occur in the administration of the Contest or the processing of Entries; (vii) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Contest or use of any information or material submitted for the Contest in the manner described in these Official Rules; or (viii) an Entrant’s claim that they have somehow been defamed or portrayed in a false light. UNDER NO CIRCUMSTANCE WILL ANY ENTRANT OR ELIGIBLE PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT OR ELIGIBLE PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES, AND/OR ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. ADMINISTRATOR/SPONSOR: The administrator and sponsor of the Contest is the Philadelphia Convention & Visitors Bureau, located at 1601 Market St. #200, Philadelphia, Pennsylvania 19103 (referred to herein as “Sponsor”). THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY OR ASSOCIATED WITH FACEBOOK, TWITTER, INSTAGRAM, OR ANY OTHER SITE OR SOCIAL MEDIA OUTLET. YOU UNDERSTAND THAT YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR. POSTED OR LAST MODIFIED ON MARCH 13, 2020