The following terms and conditions apply with respect to all photographs, text and video submitted in connection with the National Park Foundation’s “Find Your Park Story” program (each a “Submission”). By submitting a Submission, you acknowledge your agreement to the following terms and conditions (the “Terms and Conditions”) (and each agreement, grant, release, waiver and other obligation or commitment by you in these Terms and Conditions is deemed prefaced by the words “By submitting a Submission,”). Do not submit a Submission unless you agree to these terms and conditions.
2. ACCEPTANCE OF TERMS: By Tweeting or posting a Submission containing the hashtag #findyourpark or submitting a Submission via the Website, you acknowledge your agreement to these Terms and Conditions. Do not submit a Submission unless you agree to these terms and conditions. If you are a minor in your jurisdiction of residence (a "Minor"), do not submit a Submission unless your parent or legal guardian also agrees to these Terms and Conditions.
3. SUBMISSION GUIDELINES: Text, dialogue and vocals contained in a Submission must be in either English or Spanish. Each Submission must be original. Do not include any music, photographs, text or other material owned or controlled by anyone else unless you have a license from the owner or controller of the material that would permit the NPF Entities (as defined in Section 4) to use the Submission incorporating the material as provided in Section 4 without any further permission from or payment to any third party. In addition, all Submissions must comply with the following guidelines: (a) the Submission must not exhibit the Participant engaging in or otherwise promoting any illegal, sexually explicit, violent or dangerous behavior; (b) the Submission must not include any brand name, trademark or logo of any entity (other than brand names, trademarks or logos associated with the National Park Service or National Park Foundation); (c) the Participant must own the copyright in the Submission; (d) the Submission must not previously have been published for commercial purposes or won any award; (e) the Submission must not contain any material that is defamatory, threatening, indecent, violent, obscene, offensive, derogatory of any ethnic, racial, gender, religion, nationality, sexual orientation, professional or age group, or that promotes a political agenda; (f) the Submission must not contain any material that violates or infringes upon the rights of any third party, including without limitation copyrights, trademarks or rights of privacy or publicity, or that is unlawful, in violation of or contrary to any applicable laws or regulations, or whose use by the NPF Entities (as defined in Section 4) requires a license or permission from or payment to any third party; (g) if the Submission identifies, depicts or contains the voice of any person other than the Participant, the Participant must, prior to submission, have obtained written consent from such person (or his or her parent or legal guardian, if the person identified or depicted or whose voice is included is a Minor) to the use by the NPF Entities of the Submission including such person’s name, image, voice and/or other identifying information, as applicable, as permitted hereunder; and (h) the Submission must not contain any material that Sponsor, in its sole discretion, deems inappropriate for public viewing and/or for posting on the Website and/or social media channels. Each Submission (other than text) must be no larger than 50MB in size and must be in one of the following formats: .jpeg, .jpg, .gif, .png, .mp4, .mov, .mpg or .mpeg. The Submission must comply with all file format, file size and other technical requirements applicable to use of the Website and any applicable social media platform. Submissions that consist of videos must, if submitted via a social media platform, comply with any time limitations imposed by the platform, and in any event must be no longer than 3 minutes in duration. By submitting a Submission, the Participant (and his or her parent or legal guardian if Participant is a Minor) represents and warrants that he or she has complied with all of the foregoing requirements and has obtained all permissions, licenses and consents that are necessary for the submission of the Submission and the use of the Submission as permitted pursuant to Section 4 of these Terms and Conditions and to verify compliance with the foregoing requirements. Each Participant agrees to provide to Sponsor at Sponsor’s request copies of all such permissions, licenses and consents. Sponsor reserves the right in its sole discretion to disqualify and/or not to post on the Website any Submission that Sponsor determines does not comply with these guidelines and/or to require or permit a Participant to make such changes to any Submission as are necessary to make it compliant.
4. GRANT OF RIGHTS: Each Participant (and his or her parent or legal guardian if Participant is a Minor) irrevocably grant(s) permission to the National Park Foundation (“Sponsor”), the National Park Service and each of their parent companies, affiliates, subsidiaries and successors, and each of their agents, contractors, promotional partners and licensees (all of the foregoing, the “NPF Entities”) to use the Participant’s name, voice, biographical information and likeness for purposes of advertising, trade and promotion and for any other purpose, worldwide, in all media and formats whether now or later known or developed, without further notice or compensation, unless prohibited by law. In addition, each Participant (and his or her parent or legal guardian if Participant is a minor) irrevocably grant(s) to the NPF Entities, in perpetuity, a royalty-free, perpetual, irrevocable, nonexclusive license to use, reproduce, modify, publish, edit, transfer, distribute, perform, display, create derivative works based on and otherwise use the Participant’s Submission, in whole or in part, for advertising and promotional purposes and for any other purpose (including, without limitation, posting the Submission on the Website and/or other websites operated by or for Sponsor and on social media channels), worldwide, in all media and formats whether now or later known or developed, without further notice or compensation. NPS EMPLOYEES: Section 4 does not apply with respect to National Park Service employees who prepare a Submission as part of their official duties.
6. GENERAL RULES; DISPUTES: CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE WEBSITE IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.
The Participant (and his or her parent or legal guardian if Participant is a Minor) agree(s) that, to the maximum extent permitted by applicable law: (a) any and all disputes, claims, and causes of action arising out of or connected with the Program shall be resolved individually, without resort to any form of class action (Note: Some jurisdictions do not allow restricting access to class actions. This provision will not apply to you if you live in such a jurisdiction.); (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Program, but in no event attorneys' fees, AND UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE ENTITLED TO ANY AWARD FOR, AND PARTICIPANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES; (c) all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the Participants and Sponsor in connection with the Program, shall be governed by, and construed in accordance with the laws of the District of Columbia without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the District of Columbia; (d) any legal proceedings arising out of this Program or relating to these Terms and Conditions shall be instituted only in a court located in the District of Columbia, waiving any right to trial by jury, and each Participant consents to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Terms and Conditions or the Program; (e) ANY RIGHT PARTICIPANT (OR HIS OR HER PARENT OR LEGAL GUARDIAN IF THE PARTICIPANT IS A MINOR) MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LEGAL PROCEEDINGS OR DISPUTES OF WHATEVER NATURE ARISING UNDER OR RELATING TO THESE TERMS AND CONDITIONS OR THE PROGRAM IS WAIVED; and (f) in the event of any conflict between these Terms and Conditions and any Program information provided elsewhere (including but not limited in advertising or marketing materials), these Terms and Conditions shall prevail.
8. SEPARATE CONTEST ENTRY REQUIRED: Separately from the “Find Your Park Story” program that is the subject of these Terms and Conditions, Sponsor is operating a contest in which eligible entrants will be permitted to enter photographs, text and video and may be eligible to win a prize (the “Contest”). The “Find Your Park Story” program described in these Terms and Conditions is separate from the Contest, and Tweeting or posting a Submission will not result in a Contest entry and will not entitle a Participant to any prize, award, personal recognition or other compensation. Contest entries will be accepted only via the Website. For complete details and to enter the Contest, please review the Official Rules for the Contest, available at the Website, and follow the instructions provided on the Website. The entry period for the Contest ends at 8:00 p.m. ET on September 7, 2015.