The #OaklandLoveIt contest (the "Contest") is provided by the Oakland Convention & Visitors Bureau (the “Sponsor”).
ELIGIBILITY: The contest is open only to legal residents of the United States and the District of Columbia (“U.S.”) who are over the age of 18. Excluded from eligibility are officers, directors, employees, volunteers, agents and representatives of the Oakland Convention & Visitors Bureau and Stackla Digital. (collectively, the "Excluded Individuals"). NO PURCHASE IS NECESSARY TO ENTER THE CONTEST. Purchase will not improve chances of winning. The Contest is void where prohibited by law.
ACCEPTANCE OF RULES: Participation in the Contest constitutes an entrant's full and unconditional agreement to these Official Contest Rules (the "Rules"), as may be amended by the Oakland Convention & Visitors Bureau at its sole discretion. Winning a Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.
CONTEST PERIOD: The Contest commences at 9:00 AM (PST) on September 24, 2016, subject to these Rules, concludes at 11:59 PM (PST) on October 9, 2016 (the "Contest Period").
One Grand Prize winner will be selected from all registered and approved entries received within the designated contest period. Sponsor’s clock shall be the official timekeeper for the campaign.
1. To participate in the Contest, you must have an Instagram or Twitter account. At the time of writing, there are no fees associated with the creation of either account.
2. Upload a photo to your Instagram or Twitter account tagged with the hashtag #OaklandLoveIt during the Contest Period ("Photo Submission"). We want users to show us what it is that they love about Oakland.
3. To identify their participation in the Contest, applicants must register their photo on the contest application and complete the entry form (including accepting these contest rules).
4. Only Photo Submissions which include the hashtag in the description may be claimed in order to enter the Contest. Photo Submissions must be original work, have not previously won any award, do not contain any material that would violate or infringe upon the rights of a third party, including copyrights, trademarks, or rights of privacy or publicity. The Oakland CVB retains the sole discretion to refuse entry or disqualify any submission that it believes contains obscene, insensitive or inappropriate content, and that does not comply with these official Rules or is not consistent with the spirit of the contest.
5. Incomplete entries or entries received after the expiry of the applicable Contest Period will be considered null and void and ineligible to win any prize.
6. There is no limit to the number of Photo Submissions a participant may submit. Applicants are only eligible to win one prize during each contest held on visitoakland.org. Winners will be eligible to win future contests.
PRIZES: At their discretion, the Oakland Convention & Visitors Bureau will award a photography contract to the Twitter or Instagram user whose photo tagged with #OaklandLoveIt is deemed the favorite. The contract will be an offer from the Sponsor to the Winner to provide feature photography for the Oakland Convention & Visitors Bureau 2017 Inspiration Guide. The subject of the photography will be mutually agreed upon by the Sponsor and the Winner, and the value of the contract will be determined based on the length of time required to capture the prizes. If the Winner is unavailable for shooting, or the Sponsor and the Winner can not agree to contract terms, there will be no replacement prize awarded.
SELECTION OF WINNERS: The winners will be selected by the Oakland Convention & Visitors Bureau from the pool of all photos submitted during the submission period. Winner will be decided based equally on the following criteria: 1. originality; 2. creativity; 3. the photos aesthetic and graphic value; and 4. overall quality of photos on the user’s account. The Oakland Convention & Visitors Bureau will contact the Prize Winner via email to inform them that they are a prizewinner. If after exercising reasonable efforts, the Oakland CVB cannot reach a participant within two days of the first attempt to contact them, the Oakland Convention & Visitors Bureau will be free of any liability and may forfeit the prize or award it to an alternate candidate. If there is a dispute as to the identity of an online participant, the prize will be awarded to the authorized account holder of the email address submitted when the photo was claimed.
TERMS OF ACCEPTANCE: Prize must be accepted as awarded. No prize substitution, assignment or transfer of prizes is permitted, except: (i) as otherwise explicitly provided herein; or (ii) at Oakland Convention & Visitors Bureau‘s sole discretion. All costs and expenses not specifically included above as part of any prize, including, without limitation, insurance, taxes, meals, beverages, gratuities, phone calls, other transportation costs, and any other personal and incidental expenses and any taxes thereon, are the sole responsibility of the winner (and his/her Guests, as applicable). PRIVACY: The Oakland Convention & Visitors Bureau, its authorized agents and/or representatives may collect, use, and disclose the personal information provided by each entrant at the time they enter the Contest for the purposes of administering the Contest and Prize fulfillment. By entering this Contest, each entrant expressly consents to the use of their personal information for such purposes. By accepting a Prize, a winner hereby consents to Oakland Convention & Visitors Bureau’s use of the winner's name, city of residence, picture, biographical information, statements, and photo entry in any advertising and publicity that Oakland Convention & Visitors Bureau may conduct in any media or format, whether now known or hereafter developed, including but not limited to the Internet, at any time in perpetuity, without further compensation or notice to the winner. ADDITIONAL TERMS: Oakland Convention & Visitors Bureau reserves the right, at its sole discretion, to disqualify any participant from the Contest if Oakland Convention & Visitors Bureau finds or reasonably believes such individual to be tampering with the entry process or the operation of the Contest or where applicable, the Contest Page; and/or to be acting: (i) in violation of these Rules; (ii) in an unsportsmanlike or disruptive manner; or (iii) with the intent to annoy, abuse, threaten or harass Oakland Convention & Visitors Bureau, Stackla, any of their respective employees, any other participants, or any other person. Any attempt by a participant or other individual to automate the entry process, or otherwise, undermine the legitimate administration, security or operation of the Contest, is a violation of criminal and civil laws. Oakland Convention & Visitors Bureau reserves the right to seek remedies and damages from any such person to the fullest extent permitted by law. Participants engaging in any of the foregoing activities may be disqualified and will forfeit any Prizes won. The decisions of Oakland Convention & Visitors Bureau in regards to all matters of the Contest are final and binding upon participants. In the event of any dispute regarding the interpretation of the rules of the Contest or any decision rendered by Oakland Convention & Visitors Bureau, the decision or interpretation of Oakland Convention & Visitors Bureau shall prevail. Participants agree that upon registering a Photo Submission, Oakland Convention and Visitors Bureau ("OCVB") of Oakland shall be granted the absolute right and unrestricted permission to use Photo Submission for the purposes of advertising and promotion of Oakland as a visitor and convention destination including but not limited to the foregoing, the right to copy, reproduce or broadcast for the purpose of advertising promotion or any other lawful purpose whatsoever without further payment or notice. All participants must comply with applicable laws. Any entry that is illegible, incomplete, altered, or contains false information, is invalid. Contestants acknowledge that Oakland Convention & Visitors Bureau, and all involved advertising and promotional agencies, other suppliers providing Prizes or other materials or services in connection with this Contest, anyone else involved in the development or execution of this Contest (e.g. Stackla, Instagram, Twitter, etc.), each of their respective parent companies, subsidiaries and affiliated companies and each of their respective shareholders, directors, officers, employees, agents, representatives, successors and assigns (collectively, the "Releasees") have not made, -nor are in any manner responsible, for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to, its quality, merchantability and fitness for a particular purpose. Further, no responsibilities are accepted by any of the Releasees for any additional expenses, omissions, delays, re-routing, or acts of any government or authority.
BY PARTICIPATING IN THE CONTEST, EACH PARTICIPANT HEREBY RELEASES AND HOLDS HARMLESS ALL OF THE RELEASEES FROM ANY AND ALL LIABILITY, INJURIES, LOSS, CLAIMS OR DAMAGE OF ANY KIND WHATSOEVER (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) ARISING FROM OR IN CONNECTION WITH:
The Contest and the Rules shall be governed exclusively by and construed in accordance with the laws in the state of California, without regard to conflicts of laws principles. Any dispute not otherwise determined in accordance with the rules of the Contest shall be adjudicated in the courts sitting in Oakland, California (or any appeals court therefrom). The Contest is in no way sponsored, endorsed or administered by, or otherwise associated with, Instagram or Twitter. Participants are providing their information to Oakland Convention & Visitors Bureau.