NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1. Eligibility: The "We Heart National Parks" Instagram Giveaway (the “Giveaway”) is open only to legal residents of any of the United States who are eighteen (18) years of age or older at time of entry (each, an “entrant”). Employees, officers, and directors of the Automobile Club of Southern California and its subsidiaries and affiliated AAA motor clubs (collectively, “Sponsor”), and members of their respective immediate families (spouse, parent, child, dependent, and sibling, regardless of where they reside) and those living in their same household, whether or not related, are not eligible to enter or win. Void outside of California and where prohibited. This Giveaway is subject to all applicable federal, state and local laws and regulations.
2. How to Enter: Do any of the following between 05:00 p.m. PDT August 24, 2020, and noon PDT August 26, 2020 (the “Giveaway Entry Period”) (each, a “Submission”):
- Like the Giveaway post on @aaasocal_westways; and
- Follow three Instagram accounts: @aaasocal_westways, @aaasocal, and @parksproject; and
- Tag three friends in a comment on Giveaway post on @aaasocal_westways.
- All entries must be received by noon PDT on August 26, 2020 (the “Deadline”). Sponsor’s computer shall serve as the official timekeeper. Entries received after the conclusion of the Giveaway Entry Period will not be eligible for the drawing. Automated entries and entry via third party services are prohibited.
- Use of any automated or computer system to participate is prohibited and will result in disqualification. Normal Internet access and usage charges imposed by an entrant’s online service may apply. If entering via mobile device, normal phone/data and usage charges imposed by an entrant’s phone service may apply. Standard data rates may apply if entering via mobile device.
- Incomplete, corrupted, or untimely entries are void and will be disqualified. Sponsor is not responsible for lost, late, incomplete, damaged, stolen or misdirected entries; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user’s computer equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic, or otherwise. Proof of submission will not be deemed to be proof of receipt by Sponsor. In the event of a dispute as to the identity of an entrant, the authorized account holder of the Social Media Account used to enter will be deemed to be the entrant, and such decision shall be final and binding. The “authorized account holder” is the natural person assigned a Social Media Account by the issuing organization responsible for assigning Social Media Accounts. Potential prize winners may be required to show proof of being the authorized account holder. Entries specifying an invalid, nonworking, or inactive Social Media Account will be disqualified and ineligible to win. Entrant’s social media profiles must be keeping with Sponsor’s image or such entrant may be disqualified.
- NOTE: Entries made in any manner inconsistent with these Official Rules, will be declared invalid and disqualified from this Giveaway.
3. PROHIBITED CONTENT: Submissions may not:
- Contain material that violates or infringes another’s rights, including, but not limited to, privacy, publicity, or intellectual property rights;
- Contain material that is violent, inappropriate, depicts nudity, or is indecent, obscene, hateful, tortious, defamatory, slanderous, or libelous;
- Contain material that promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;
- Contain material that promotes any illegal activities or any other activity that may appear unsafe or dangerous;
- Contain material that promotes any particular political agenda or message;
- Contain material that is unlawful, in violation of or contrary to the laws or regulations in California or in any state where it was created;
- Contain any materials relating to lotteries, gambling, tobacco, alcohol, drugs, firearms/weapons, or any activities that may appear unsafe or dangerous.
- Contain material that defames, libels, misrepresents, or is negative about Sponsor or its products, or other people, products, or companies;
- Contain trademarks, logos, or trade dress owned by others or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, email addresses, or street addresses;
- Contain copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies, or other media or musical “samples”) without permission;
- Contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than entrant(s), without permission, or otherwise constitute an invasion of privacy or publicity rights;
- Communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; or
- Constitute in itself, a violation of law.
4. WHEN CREATING A SUBMISSION, ENTRANTS SHOULD NOT, AND MAY NOT (A) PUT THEMSELVES OR ANY OTHER PERSONS, WHETHER APPEARING IN ENTRANT’S SUBMISSION OR NOT, IN DANGER OF ACTUAL BODILY INJURY OR DEATH, OR (B) VIOLATE LAW. ANY SUBMISSION THAT, IN THE JUDGMENT OF SPONSOR, VIOLATES EITHER PROHIBITION IN THE FOREGOING SENTENCE SHALL BE DISQUALIFIED. By providing a Submission, each entrant grants Sponsor and its agents the right to publish, use, adapt, edit, and/or modify the Submission in any way, in whole or in part, in commerce and in any and all media worldwide now known or hereinafter developed, without limitation and without further consideration or notice to the entrant. Providing any Submission further constitutes the entrant’s assignment and transfer to the Sponsor of any and all rights, title, and interest in and to the Submission, including, without limitation, all intellectual property rights. By providing a Submission, the entrant warrants and represents that it: (a) is their original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity, or other intellectual property or other rights of any person or entity; (e) that they have obtained permission from any person whose name, likeness, or voice is used in the Submission, and (f) that publication of the Submission via various media including web posting, will not infringe on any third party rights. Any such entrant, or his/her parent(s) or guardian(s) having financial responsibility for such entrant, will indemnify and hold harmless Sponsor or Instagram from any claims to the contrary. Without limiting the generality of the foregoing paragraph, during the Giveaway Entry Period, selected Submissions may be posted at Sponsor’s sole discretion, in whole or in part, on its website, www.AAA.com (the “Website”) or on Sponsor’s Instagram Page. Such postings, if they occur, may be on a rotating or occasional basis and may be discontinued at any time at Sponsor’s sole discretion. POSTING OF A SUBMISSION OR PORTION THEREOF DURING THE GIVEAWAY ENTRY PERIOD IS NOT MEANT TO INDICATE THAT THE SUBMISSION IS A POTENTIAL FINALIST OR A POTENTIAL PRIZE WINNER IN THE GIVEAWAY, OR THAT THE SUBMISSION IS OTHERWISE FAVORED IN ANY WAY. Such postings will occur, if at all, solely for illustrative purposes. SUBMISSIONS ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. By providing a Submission, each entrant agrees that his/her Submission is gratuitous and made without restriction, and will not place Sponsor under any obligation and that Sponsor is free to disclose the ideas contained in the Submission on a nonconfidential basis to anyone or otherwise use the ideas without any additional compensation to any entrant. Each entrant acknowledges that, by acceptance of his/her Submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than such entrant. Sponsor reserves the right to remove, reject, or disqualify (along with the entrants who submitted them) any Submissions which, in its opinion or the opinion of a judging panel or Sponsor, violate any of these Official Rules or are otherwise inappropriate for inclusion on Sponsor’s Instagram Page. Sponsor further reserves the right to remove and disqualify (along with the entrant who submitted it) any Submission if Sponsor determines, after the Submission has been posted, that the entrant has violated these Official Rules or the policies, terms, or conditions of Sponsor’s Instagram Page in any way.
5. Grand Prize (the “Grand Prize”): One (1) Grand Prize consisting of:
Parks Project swag and Sponsor maps. Prize has an approximate retail value of $240.74.
The Grand Prize will be delivered to the prize winner by Sponsor at the address provided by the prize winner in the Affidavit and Release. See terms and conditions below.
6. General Grand Prize Conditions:
- Grand Prize is nontransferable, nonrefundable, not redeemable for cash, and may not be sold. This offer is nonrefundable and nontransferable. Certain additional restrictions may apply. No cash or other prize substitution is allowed, except by Sponsor, in whole or in part, due to unavailability of the featured Grand Prize.
- All applicable federal, state, and local taxes, if any, and any other costs and expenses associated with prize acceptance and use not specifically stated herein as being provided are the sole responsibility of the prize winner. An individual W-9 must be submitted and Form 1099-MISC will be issued to the prize winner.
- The Grand Prize is being awarded “as is” without any warranty or guarantee either express or implied by Sponsor. All prize details are at the sole discretion of Sponsor.
- Sponsor may award a prize of equal or greater value, in its sole discretion. The Grand Prize must be claimed by 4:59 p.m. PDT August 27, 2020, or the Grand Prize will be forfeited.
7. Winner Selection and Notification: All entries from eligible entrants will be combined into a single group of entries, and one prize winner will be chosen in a random drawing by employees of Sponsor. The result of the random drawing is final and binding on all matters relating to the selection of the potential prize winner. The potential prize winner will be contacted via direct message from a representative of Sponsor through the Social Media platform through which such potential winner entered his/her comment no later than the Entry Deadline. A potential prize winner will have until 4:59 PDT August 27, 2020, to respond to the outreach by Sponsor’s representative as described in such outreach to verify the potential win. The potential prize winner will then be required to complete, sign, and return to Sponsor via email an Affidavit of Eligibility and a Liability Release, and where legal, a Publicity Release (collectively, the “Affidavit and Release”) for any photos/videos for Sponsor use of the prize winner(s) within forty-eight (48) hours of being notified by Sponsor. Failure to timely return documents or return of prize notification or prize as undeliverable will cause the Grand Prize to be forfeited, in which event, Sponsor will select another potential prize winner, subject to verification as provided herein. Sponsor shall not be required to attempt to award the Grand Prize more than three (3) times. The prize winner WILL be announced on Instagram where the Giveaway was promoted or mentioned on or around BY 3 p.m. PDT August 26, 2020.
8. Odds of Winning: Odds of winning will depend on the total number of eligible entries received by the Entry Deadline (noon PDT on August 26, 2020).
9. LIMITATION OF LIABILITY AND ADDITIONAL TERMS: By participating, each entrant agrees: a.) to abide by these Official Rules, and the decisions of the Sponsor, as applicable, which shall be final and binding in all respects to defend, indemnify, and hold harmless the Releasees from and against any third party claim arising from the breach by such entrant of any of his/her obligations, representations, or warranties under these Official Rules and d.) by acceptance and use of any part of any prize, to the use of their names, photos, and/or likenesses for advertising and publicity purposes without further compensation and, upon request, will provide written consent to such use. EXCEPT WHERE PROHIBITED BY LAW, THE PRIZE WINNER AND ANY GUESTS ASSUME ALL LIABILITY FOR ANY BODILY INJURY, DEATH, OR PROPERTY DAMAGE CAUSED, OR ALLEGEDLY CAUSED, BY PARTICIPATING IN THIS GIVEAWAY OR USE OF ANY PRIZE. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Releasees are not responsible for: incomplete entries or communications; or other errors or problems of any kind whether technical, mechanical, human, electronic, typographical, printing, or otherwise relating to or in connection with the Giveaway, including, without limitation, errors which may occur in connection with the administration of the Giveaway or the processing of entries; for lost, late, incomplete, or damaged entries; or for printing or typographical errors appearing in these Official Rules, the announcement of the prize winner and prizes, or in any other Giveaway materials. By participating, entrants agree to abide by these Official Rules and to the decisions of Sponsor, which shall be final and binding in all matters relating to this Giveaway. Entries made by any means which subvert the entry process will be disqualified. All entries become the property of Sponsor and will not be acknowledged or returned. THE RELEASEES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ANY CIRCUMSTANCES BEYOND SPONSOR’S REASONABLE CONTROL, ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.
10. Governing Law: Consent to Jurisdiction: This Giveaway shall be governed by the laws of the respective states in which they are promoted without regard for choice of laws or conflicts of laws principles. Any and all disputes or claims arising out of or connected in any way with this Giveaway will be resolved individually and exclusively by final and binding arbitration administered by the American Arbitration Association (the “AAA”) and conducted before a sole arbitrator pursuant to the Code of Procedure established by the AAA. The arbitration shall be held in Orange County, California. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules. There shall be no authority for any claims to be arbitrated on a class or representative basis; The arbitrator shall not have the power to award special, consequential, incidental, exemplary, punitive, or other similar damages against Sponsor. If any part of this arbitration provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein, except that any such invalid or illegal provision shall be enforced to the greatest extent permitted by law. Notwithstanding anything contained herein to the contrary, Sponsor may seek to obtain injunctive relief against an entrant for the breach or threatened breach of these Official Rules, without posting bond, in addition to any other remedies in law or equity, which may be available to Sponsor, in any of the federal or state courts located in Orange County, California. Each entrant consents to jurisdiction and venue in the federal or state courts located in respective territory for the purposes set forth above and/or to confirm any award obtained by Sponsor in arbitration.
11. ENTRANTS FURTHER UNDERSTAND AND AGREE THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED. SECTION 1542 READS AS FOLLOWS:
1542. CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
12. Miscellaneous: If this Giveaway is not capable of running as planned due to any cause or for any reason, including but not limited to war, strikes, and/or acts of God, virus, bugs, worms, nonauthorized human intervention, or other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Giveaway, the Sponsor reserves the right at its sole discretion, to disqualify any individual who it believes has tampered with the entry process (and void his/her entry), and/or to cancel, terminate, modify or suspend the Giveaway and in the event of cancellation or termination, at its discretion, select the Finalists from among all eligible nonsuspect entries received prior to the event requiring such cancellation or termination and to select the prize winner using the procedure outlined above. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
THIS GIVEAWAY IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM.
13. Winner List: A winner list will be available upon request once the Grand Prize is announced and the prize winner is verified. Send a self-addressed, stamped envelope to 3333 Fairview Road, A327, Costa Mesa, CA 92626, Attention: Elisabeth Abrahamson. Requests must be received by no later than ninety (90) days after August 26, 2020.
14. Sponsor and Administrator: Automobile Club of Southern California, 3333 Fairview Drive, A327, Costa Mesa, CA 92626.
Copyright © 2020 Automobile Club of Southern California. All Rights Reserved.