Flagship Cruises & Events
San Diego Big Bay Photo Contest
Official Rules
August 5, 2015
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. PARTICIPANTS MUST BE 18 YEARS OF AGE OR OLDER AND RESIDE IN THE FIFTY (50) UNITED STATES OF AMERICA, THE DISTRICT OF COLUMBIA AND CANADA.
1. Sponsor: This contest is sponsored by Flagship Cruises & Events (the “Sponsor”) located at 990 North Harbor Drive, San Diego, CA 92101 which is solely responsible for its content. The contest is not sponsored, endorsed or administered by Facebook, Instagram or Twitter.
2. Eligibility: The San Diego Big Bay Photo contest (“the Contest”) is open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age or older as of August 5, 2015. Employees of sponsor, affiliated companies, advertising or communications agencies and the immediate family of each employee are not eligible. Void where prohibited by law. Subject to all applicable federal, state, municipal and local laws.
3. Contest Period: The entire Contest begins on August 5, 2015 at 2:00 P.M. Pacific Time (“PST”) and ends on December 31, 2018 at 11:59 P.M. PST (the “Entry Period”). Winners will be chosen on a monthly basis based on entries received during the previous month.
4. To Enter: During the Entry Period, (i) share an original photo you’ve taken while aboard a Flagship Cruises & Events’ cruise on Instagram, Twitter or Facebook including the hashtag #FlagshipSD. Alternatively, you may enter by supplying your email address and uploading a photo via the Photo Contest tab on Flagship Cruises & Events’ Facebook Page (https://www.facebook.com/FlagshipSD).
Photo(s) must be shared publicly and in accordance with Instagram, Twitter and Facebook’s Terms of Use (http://instagram.com/about/legal/terms/, https://twitter.com/tos, https://www.facebook.com/legal/terms). There is no limit on the number of photos entrants may enter to be considered during the Entry Period, as long as no photo is a duplicate of a previous entry.
All entries must be submitted by December 31, 2018 at 11:59 P.M. PST. All entrants must be the sole owner of the submitted photo(s) and no entry can infringe on any other person or entity’s rights.
All entries are subject to verification by the Sponsor. Entries that do not meet the requirements for the specified below or otherwise do not comply with the Official Rules herein may be disqualified. Any attempted form of entry other than as described herein is void. Sponsor will determine in its sole discretion, what constitutes a valid entry. All materials submitted become the property of the Sponsor and will not be returned or acknowledged.
Sponsor reserves the right to cancel or modify the Contest if fraud or technical failures destroy the integrity of the Contest as determined by the Sponsor, in their sole discretion, and to award the prize based on eligible entries received prior to the cancellation.
5. Winner Selection and announcement: Entries will be judged by representatives of the Sponsor based on creativity (25%), uniqueness (25%), relevancy to theme (25%), and aesthetic appeal (25%). Selections will be made on a monthly basis during the contest period, within five business days of the 1st day of each month during the Entry Period. The selected participants will be notified via a comment on Instagram, a reply on Twitter, private message on Facebook or via email if an email address was supplied at the time of entry. The selected participants will also be announced on Flagship Cruises & Event’s Facebook Page and other owned channels at sponsor’s discretion.
Selected participants will be required to respond via email to the Sponsor within forty eight (48) hours of being notified. Selected participants must provide a valid mailing address where the selected prize can be shipped to. If a selected participant is unreachable during the designated time period the prize will be forfeited and an alternate winner may be selected. The list of prize winners may be obtained by sending a self-addressed stamped envelope to: Flagship Cruises & Events, Attention: San Diego Big Bay Photo Contest, 990 North Harbor Drive, San Diego, CA 92101.
6. Prizes. Selected participants will have the choice between one of two available prizes: Two (2) adult tickets for a nightly dinner cruise, Monday through Thursday, cash/no host bar, (ARV: $179.84) OR six (6) adult tickets for a Patriot Jet Boat Thrill Ride (ARV: $162.00). Fees & taxes, service charge and landing fee included. All prizes are non-transferrable and there will be no substitutions or cash alternatives. All decisions by Sponsor are final. All prizes will be awarded “AS IS” and “WITHOUT WARRANTY OF ANY KIND,” express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Any taxes, fees and expenses relating to the acceptance and use of the Prize not specified are the responsibility of the prize recipient.
7. Odds of Winning. Odds of winning a prize depend on the number of eligible entries received during the Entry Period.
8. Publicity. Except where prohibited, participation in the Sweepstakes constitutes each entrant’s consent to Sponsor’s use of entrant’s name for promotional purposes in any media (or future marketing purpose), worldwide, without further payment or consideration.
9. Release. Sponsor assumes no responsibility for: (1) technical delays or failures of any kind, (2) unauthorized human intervention during any part of the Contest, (3) technical or human error during the administration or processing of the Contest, or (4) any loss, injury, or damage caused, whether directly or indirectly, in whole or in part, from downloading data or otherwise participating in the Contest. By entering into this Contest, entrants agree to release and hold harmless the Sponsor and its’ subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each of their respective parent companies and each company’s officers, directors, employees and agents from and against any claim or cause of action, including, but not limited to, damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
10. Additional Terms. The Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond the Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest or, as determined by the Sponsor in its sole discretion. The Sponsor reserves the right in their sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision.
11. Applicable Laws and Jurisdiction. This Contest is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of California, without regard to any principles of conflict of laws. All disputes arising out of or connected with this Contest will be resolved individually, and without resort to class action, exclusively by a state or federal court located in San Diego, California. Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys' fees) associated with participation in this Contest and shall not include any indirect, punitive, incidental and/or consequential damages.