Name This Fish Species
Sponsor is National Geographic Society, 1145 17th Street, N.W., Washington, D.C. 20036-4688, USA ("Sponsor" or "NGS").
The Name This Fish Species Contest (the “Contest”) begins July 31, 2013 at 12:01:00 a.m. Coordinated Universal Time (“UTC”) and ends August 26, 2013, 11:59:00 p.m. UTC. ALL ENTRIES MUST BE RECEIVED BY August 26, 2013 AT 11:59:00 P.M. UTC. Information on how to enter and prizes form part of these official rules (“Official Rules”). By submitting an entry, each entrant agrees to the Official Rules and warrants that his or her entry complies with all requirements set out in the Official Rules. This is a skill-based contest and chance plays no part in the determination of winners.
WHO MAY ENTER
Contest is open only to individuals who have reached the age of majority in their jurisdiction of residence at the time of entry, who do NOT reside in Cuba, Iran, North Korea, the Province of Quebec, Sudan, or Syria, and who are National Geographic Society members at the time of entry. To become a member of National Geographic Society, register for a free online account at NameThisFish.org or at nationalgeographic.com. Employees of National Geographic Society, and its subsidiaries and affiliates, and their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they live) or persons living in the same households of such employees, whether or not related are not eligible. CONTEST IS VOID IN CUBA, IRAN, NORTH KOREA, THE PROVINCE OF QUEBEC, SUDAN, SYRIA, AND WHERE PROHIBITED.
HOW TO ENTER
● Each Entry consists of one suggestion for a common name of the species of fish pictured and described at www.NameThisFish.org (“The Fish”), which was recently observed in the waters of the Desventuradas Islands by National Geographic Explorer-in-Residence Enric Sala. Your suggested name for the Fish is referred to herein as the “Fish Name.” To enter, visit www.NameThisFish.org and enter your suggested Fish Name in the “Comments” field of the Web page. Member sign-in is required to post a Comment. If you are not a registered member on NationalGeographic.com, you will need to register for a free National Geographic online account upon prompt.
● The Fish Name you submit should be descriptive of The Fish, for example evoking its color, shape, or character. Each entry must comply with the following requirements:
● The Fish Name must not contain or be confusingly similar to any service or product names, brand names, service marks or trademarks, including National Geographic marks.
● The Fish Name must not, in the sole and unfettered discretion of the Sponsor, contain obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate language.
● The Fish Name must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where the entry is created.
● The Fish Name must not be a personal dedication.
● The Fish Name must be an original creation developed exclusively by the entrant. By entering the Contest, entrant represents, acknowledges and warrants that the submitted Fish Name does not infringe on the copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property rights of any person or entity, and that no other party has any right, title, claim or interest in the Fish Name.
The entries will be judged in accordance with the Judging Criteria, as defined below. All entries must be submitted and received by August 26, 2013 at 11:59:00 p.m. UTC. Limit one entry per person. Proof of submission is not proof of receipt. Entries must be made by the authorized account holder of the National Geographic account through which the entry is submitted; entries will be deemed to have been submitted by the person registered to the account from which entries are received.
One (1) Prize will be awarded. The Prize consists of: a 10-day Galápagos National Geographic Expedition in a Category 2 cabin aboard the National Geographic Endeavour for the winner and one (1) guest in 2014. The Prize Expedition will include round-trip economy air transportation for two (2) between a major international gateway airport near the winner’s home (as determined by Sponsor in its sole discretion) and Galápagos, Ecuador (via Guayaquil, Ecuador); one (1) night accommodations (single room, double occupancy) at a hotel in Guayaquil, Ecuador at start of trip, seven (7) nights' accommodations in a Category 2 cabin aboard the National Geographic Endeavour; one (1) night accommodations (single room, double occupancy) at a hotel in Guayaquil, Ecuador at end of trip; ground transportation between the airport and hotel; and meals and other items as described in the catalog description of the Expedition at http://www.nationalgeographicexpeditions.com/expeditions/galapagos-cruise/detail. . All accommodations and trip details determined by Sponsor in its sole discretion. Travel must be completed by December 31, 2014 on dates determined by Sponsor in its sole discretion or prize trip will be forfeited. Trip is conducted in English only. Space is subject to availability. Blackout dates apply. Trip specifics are subject to availability. Travelers agree to accept National Geographic Expeditions terms and conditions for the trip. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation; meals; incidentals; gratuities; passenger tariffs or duties; airline fees; surcharges; airport fees; service charges or facility charges; personal charges such as alcoholic beverages, spa services, and internet usage; security fees; taxes or other expenses are the responsibility solely of winner. The winner and his/her travel companion must travel together on the same itinerary. Travel companion must execute liability/publicity release prior to issuance of travel documents. Winner and travel companion are solely responsible for obtaining valid passports and any other documents necessary for international travel. If Prize winner is unavailable to travel on the dates the Expedition departs, then the prize will be forfeited. Approximate Retail Value (“ARV”) of the Prize is US$19,830. Actual value may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value, if any.
Potential winner shall be required to sign and return within ten (10) days following an attempted notification, an Affidavit, Declaration or Certificate of Eligibility, Liability Release, and where legally permissible, a Publicity Release and Warranty of Ownership in which the entrant warrants that he/she is the original creator of the Fish Name. Failure to execute and deliver any required documents to Sponsor by the specified deadline may result in disqualification from the Contest, and selection of an alternate potential winner. NONCOMPLIANCE OR RETURN OF PRIZE NOTIFICATION AS UNDELIVERABLE MAY RESULT IN DISQUALIFICATION AND SELECTION OF AN ALTERNATIVE POTENTIAL WINNER.
No prize transfer, assignment, or substitution by winners permitted. If a prize (or part of a prize) is unavailable, the Sponsor, in its discretion, reserves the right to substitute the original prize (or that part of the prize) with an alternative prize of equal or greater monetary value and/or specification, unless to do so would be prohibited by law.
Judging consists of two (2) rounds of evaluation. In Round One, a panel of National Geographic representatives (at least one of whom will be independent of Sponsor) will select twenty (20) entries from among all eligible entries based on the following criteria (“Judging Criteria”): (1) Creativity and Beauty 50%; (2) Relevance to/descriptive or evocative of the qualities and characteristics of The Fish 50%. The entries selected in Round One will proceed to Round Two. In Round Two, National Geographic Explorer-in-Residence Enric Sala will select a Winner based on the Judging Criteria. In the event of a tie, the entry with the highest score in the creativity criteria will be declared the winner. Winners will be chosen by September 30, 2013 and will be notified by e-mail. Decisions of the judges are final and binding.
ASSIGNMENT OF RIGHTS TO FISH NAME
You agree that, by entering the Contest, you irrevocably assign and transfer to Sponsor all right, title and interest in the Fish Name throughout the world, including, without limitation, all copyright, trademark or other intellectually property rights, and you agree to execute any additional documents Sponsor may deem necessary to evidence or effectuate such assignment.
LIMITATION OF LIABILITY
By entering this Contest, all entrants agree to release, discharge, and hold harmless National Geographic Society and its partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives from any claims, losses, and damages arising out of their participation in this Contest or any Contest-related activities and the acceptance and use, misuse, or possession of any prize awarded hereunder.
National Geographic Society assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to Contest entries or entry forms; or alteration of entries or entry forms. NGS is not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any entry to be received on account of technical problems or traffic congestion on the Internet or at any website, human errors of any kind, or any combination thereof, including any injury or damage to entrants' or any other persons' computers related to or resulting from participation, uploading or downloading of any materials related to in this Contest.
In the case of entrants who are Australian or UK residents, the preceding two clauses do not operate in respect of any implied condition or warranty the exclusion of which from these Official Rules would contravene any Australian or UK statute or cause any part of these Official Rules to be void.
THIS CONTEST IS VOID WHERE PROHIBITED. Entrants agree that this Contest shall be subject to and governed by the laws of the District of Columbia and the forum for any dispute shall be in the District of Columbia, United States of America. To the extent permitted by law, the right to litigate, to seek injunctive relief or to make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded and any entrant expressly waives any and all such rights. Certain restrictions may apply. Entries void if the Sponsor determines the entry to not be an original, or if the entries are illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error or obtained through fraud or theft.
By entering, entrants also agree (a) to be bound by these Official Rules; (b) that the decisions of the Judges are final and binding with respect to all matters relating to the Contest; and (c) if the entrant wins that Sponsor may use the winner's name, photograph, likeness, and/or voice in any publicity or advertising relating to the Contest or future promotions without compensation or approval (except where prohibited by law). All federal, state/provincial/territorial, and local taxes, fees and surcharges and taxes (whether foreign or domestic, and including income, sales, and import taxes) on the prize are the sole responsibility of the prize winner. In the event that the selected winner of any prize is ineligible, cannot be traced or does not respond within ten (10) days to a winner notification as required by the "Contest Prizes" Rules above, or refuses the prize, the prize will be forfeited and Sponsor will award the prize the next potential winner in accordance with the Judging Criteria.
The Sponsor reserves the right to verify the validity and originality of any entry and/or entrant (including an entrant's identity and address) and to disqualify any entrant who submits an entry that is not in accordance with these Official Rules or who tampers with the entry process. Failure by the Sponsor to enforce any of its rights at any stage does not constitute a waiver of those rights.
RIGHT TO CANCEL OR SUSPEND CONTEST
If for any reason the Contest is not capable of running as planned, due to infection by computer virus, bugs, worms, trojan horses, denial of service attacks, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of NGS that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, NGS reserves the right, at its sole discretion, to disqualify any individual(s) who tamper with the entry process, and/or to cancel, terminate, modify, or suspend the Contest. If Sponsor elects to cancel or terminate the Contest, Sponsor will not retain any rights in the submitted Fish Names.
Entrants are responsible for complying with these Official Rules. Winner’s name will be available online at www.NameThisFish.org on or about November 30, 2013.
Entrants agree that personal data, especially name and address, may be processed, shared, and otherwise used for the purposes and within the context of the Contest and any other purposes outlined in these Official Rules. The data may also be used by the Sponsor in order to verify the participant's identity, postal address, and telephone number or to otherwise verify the participant's eligibility to participate in the Contest. Participants have the right to access, review, rectify, or cancel any personal data held by Sponsor by writing to Sponsor at 1145 17th Street N.W., Washington, D.C. 20036-4688. Personal data will be used by Sponsor and its affiliates exclusively for the purposes stated herein.
NOTICE TO INDIVIDUALS: REMOVAL FROM MAILING LIST: Any individual (or other duly authorized person) may elect to exclude the name and address of that individual from all lists used by National Geographic Society to mail skill contests or sweepstakes. To elect to have an individual's name excluded from all such lists, submit a removal request in writing to: National Geographic Society, Attention: Digital Media, 1145 17th Street N.W., Washington, D.C. 20036-4688. This notification system may be used to prohibit mailing of all skill contests or sweepstakes by National Geographic Society to such individual.
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