Terms and Conditions for ItaliaPass #GiveItaly Instagram Photo Contest
OFFICIAL RULES OF:
The #GiveItaly contest (the "Contest") is provided by ItaliaRail/Interrail, Inc (ItaliaPass i.e. the “Sponsor”).
The contest is open only to legal residents of the United States of America who have reached the age of majority according to the law of the state in which they reside. Excluded from eligibility are officers, directors, employees, volunteers, agents and representatives of ItaliaPass (collectively, the "Excluded Individuals"). NO PURCHASE IS NECESSARY TO ENTER THE CONTEST. 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 ItaliaPass. Inc. at its sole discretion. Winning a Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.
The Contest commences at 12:01 AM (EST) on Dec. 2nd 2015 and, subject to these rules, concludes at 11:59 PM (EST) on January 1, 2016 (the "Contest Period").Additional giveaways may be announced without notice at any time during the Contest Period.
1. To participate in the Contest, users must have an Instagram account and valid email address. At the time of writing, there are no fees associated with the creation of an Instagram account.
2. Users are encouraged to take and share Instagram photos or videos of Italy and or any subject they deem to be Italian in nature and share each image using #GiveItaly (each "Photo Submission"). Eligible photo subjects may include but are not restricted to Italian festivals, events, attractions, outdoor activities, neighborhoods, landmarks, dining & shopping, etc.
3. Only Photo Submissions which include the hashtag #GiveItaly in the description may be claimed in order to enter the Contest. Photo Submissions MUST BE ORIGINAL WORK, have not previously won any award, and 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). ItaliaPass retains the sole discretion to disqualify, mark as ‘spam’ or remove any entry 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.
4. Incomplete entries or submissions received after the expiry of the applicable Contest Period will be considered null and void and ineligible to win any prize from this Contest Period.
5. There is no limit to the number of Photo Submissions a participant may provide.
The prize(s) will be provided by ItaliaPass. (the “Partners”) The prize—a 7 day / 8 night rail tour of Italy with stops in Rome, Florence and Venice, with high-speed rail tickets, 4-star accommodations in each city, including daily breakfast, ItaliaPass membership, ItaliaPass Lounge access in Rome at Termini train station, hop-on/off sightseeing in Rome, and choice of tour or excursion in each of the three cities—will be distributed by and at the discretion of the Sponsor and announced in its social media accounts on January 15. Prizes may include but are not limited to: ItaliaPass memberships, promotional materials, tickets and/or passes to Partner businesses, overnight accommodations at Partner hotels, dining vouchers, etc.
SELECTION OF WINNERS:
The Grand prize winner will be selected by the Sponsor from the pool of eligible photos submitted during the Contest Period. In determining the Judging Criteria, the Sponsor may consider the quantity of "likes" and comments associated with a Photo Submission, but the number of "likes" or comments will not determine the winning submission. The Sponsor will attempt to notify Prize Winners via email and social media. If after exercising reasonable efforts, ItaliaPass cannot reach a participant within two weeks from the first attempt to contact them, ItaliaPass will be free of any liability and may forfeit the prize. 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:
Each 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 ItaliaPass' sole discretion. ItaliaPass reserves the right to substitute a Prize with one (1) of comparable or greater value without liability or consent. ItaliaPass does not select and is not responsible for the range, monetary value or expiration dates of prizes. ItaliaPass is not responsible for lost or misused prizes or promotional items. All costs and expenses not specifically included as part of any prize, including, without limitation, insurance, taxes, meals, beverages, gratuities, phone calls, other transportation costs, laundry and mini-bar charges and any other personal and incidental expenses and any taxes thereon, are the sole responsibility of the winner (and his/her Guests, as applicable).
ItaliaPass, 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 ItaliaPass use of the winner's name, city of residence, picture, biographical information, statements, voice and likeness in any advertising and publicity that ItaliaPass 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.
ItaliaPass reserves the right, at its sole discretion, to disqualify any participant from the Contest if ItaliaPass 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 ItaliaPass, or 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. 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 ItaliaPass 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 ItaliaPass, the decision or interpretation of ItaliaPass shall prevail.
Participants agree that upon submitting a Photo Submission, ItaliaPass shall have an unlimited, irrevocable perpetual license to publish, distribute, publicly perform or display, post electronically, create derivative works from, or otherwise reproduce in any manner the participant's Photo Submission in any media whatsoever, including, without limitation, in connection with the ItaliaPass ’s social media websites, and photostreams anywhere in the world, without further payment or notice for the purposes of ItaliaPass’ advertising, marketing, promotion, and/or journalistic, archival, historical, internal and external recognition activities. Each participant waives all moral rights in and to the Photo Submissions.
All participants must comply with applicable laws.
Any entry that is illegible, incomplete, altered, or contains false information, is invalid.
Contestants acknowledge that ItaliaPass, 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. Instagram), each of their respective parent companies, subsidiaries and affiliated companies and each of their respective shareholders, directors, officers, employees, agents, representatives, successors and assigns ) 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: (I) PARTICIPATING IN THE CONTEST; AND/OR (II) ACCEPTANCE, USE, MISUSE OR NONUSE OF ANY PRIZE OR PARTS THEREOF, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR DEATH, PERSONAL INJURY, DAMAGE OR LOSS OF ANY KIND, LOSS INCURRED DURING TRAVEL TO/FROM, AND/OR ATTENDANCE AT, ANY OF THE EVENTS FORMING PART OF THE PRIZES AND FROM LIABILITY TO ANY OTHER PERSONS RELATING TO OR RESULTING FROM ENTERING THE CONTEST.
Notwithstanding any other provision contained herein, ItaliaPass reserves the right, in its sole discretion, to modify, amend, cancel, suspend, reinstate or close the Contest, at any time in whole or in part without prior notification, and for any reason whatsoever.
The Contest and the Rules shall be governed exclusively by and construed in accordance with the laws in the Commonwealth of Massachusetts, 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 the Commonwealth of Massachusetts (or any appeals court therefrom).
The Contest is in no way sponsored, endorsed or administered by, or otherwise associated with, Instagram . Participants are providing their information to ItaliaPass and not to Instagram. For contest updates and additional information, Participants may visit https://www.facebook.com/italiarail/