The Nami ML Inc. Photo Contest
Updated June 21, 2020 11:30am PT to include a Sponsor Hashtag #VintageSwagNamiML.
The object of the Nami ML Inc. Photo Contest (the “Contest”) is to submit a photograph of Vintage Computer Swag to the Sponsor Hashtag during the Entry Period (each, an “Entry” and, collectively, the “Entries”). For purposes of the Contest, “Vintage Computer Swag” means computer equipment, devices, electronics or gear, or clothing or promotional items, relating to a prior generation of computing. You must post your Entry via a public Tweet on Twitter using your public Twitter account, tagging the hashtag #VintageSwagNamiML (“Sponsor Hashtag”), follow the Twitter account @HelloNamiML (the “Sponsor Account”) and in the Entry caption using a hashtag then being used to promote the 2020 Apple Worldwide Developer’s Conference (“WWDC Hashtag”), in accordance with these Official Rules to be eligible. Winners (as defined below) will be determined in accordance with these Official Rules and based upon criteria set forth in the Judging section below.
ENTRY PERIOD: The Contest entry period begins on June 22, 2020 at 9:00 a.m. Mountain Time (“MT”), and ends at 4:59 p.m. MT on June 26, 2020 (the “Entry Period"). Each calendar day during the Entry Period will constitute an independent contest, with Entries requiring submission between 9:00 a.m. MT and 4:59 p.m. MT (each, a “Daily Contest” and, collectively, the “Daily Contests”). There will also be a contest for Entries submitted at any point during the Entry Period, and based on the entire length of the Entry Period (the “Conference Contest”). Both the Daily Contests and the Conference Contest are subject to these Official Rules.
JUDGING: For each of the June 22, 2020, June 24, 2020 and June 26, 2020 Daily Contests, judging will be determined as follows: Employees of the Sponsor will judge all eligible Entries to determine the most compelling Entry based on the following criteria: Originality (50%) and Photo Quality (50%). During the evening of each of the June 22, 2020, June 24, 2020 and June 26, 2020 Daily Contests, the most compelling Entry, as determined according to the above criteria at the sole discretion of the employees of the Sponsor, will be deemed a Winning Entry. For each of the June 23, 2020 and June 25, 2020 Daily Contests and for the Conference Contest, judging will be determined as follows: Employees of the Sponsor will aggregate the number of (i) Likes, (ii) Retweets and (iii) Reply Tweets for each Entry ((i) through (iii), collectively, “Reception”). The Entry with the largest Reception for each of the June 23, 2020 and June 25, 2020 Daily Contests, as calculated in Sponsor’s sole discretion, will be deemed a Winning Entry. The Entry with the largest Reception during the Entry Period will be deemed the winning Entry for the Conference Contest (each Daily Contest winning Entry and the Conference Contest winning Entry, individually, a “Winning Entry” and, collectively, the “Winning Entries”). Winning Entries will be subject to verification of eligibility and compliance with the terms of these Official Rules. Each verified Winning Entry is referred to herein as a “Winner” and, collectively, the “Winners”. In the event of a tie for any potential Winning Entry, the Sponsor will serve as tiebreaker and select its preferred Entry as that Winning Entry.
PRIZE: Six (6) Prizes To Be Awarded. Each Daily Contest Winner will receive a $100 Apple Gift Card (approximate retail value: $100) (each, a “Daily Contest Prize” and, collectively, the “Daily Contest Prizes”). The Conference Contest Winner will receive Apple AirPods Pro (approximate retail value: $249) (the “Conference Contest Prize” and, together with the Daily Contest Prizes, the “Prizes”).
PRIZE NOTIFICATION RESPONSE TIME: Forty-eight (48) hours from the time of issuance of Prize Notification (defined below) (the “Required Response Time”).
WINNER’S LIST: For the Winners’ names, mail a request and a self-addressed, stamped envelope, which must be received by Sponsor no later than ninety (90) days after the termination of the Entry Period to: The Nami ML Inc. Photo Contest Winners’ List c/o Nami ML Inc., 1630 Welton Street, Suite 708, Denver, CO 80202.
SPONSOR: Nami ML Inc., 1630 Welton Street, Suite 708, Denver, CO 80202 (“Sponsor”).
No purchase or payment of any kind is necessary to enter or win this Contest. A Purchase will not increase your chances of winning. Entries will be void where prohibited by law. AlL disputes will be resolved solely by binding arbitration, and participants waive the ability to bring claims in a class action format.
ELIGIBILITY: The Contest is open only to legal residents of the United States including its commonwealths, territories and possessions (collectively referred to herein as “states”) who are eighteen (18) years of age or older (except in the case of legal residents of certain states where the legal age of majority is greater than eighteen (18) years of age, such legal age of majority) with a valid Twitter account and a valid email address at the time of entry. Employees, officers and directors (including immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and members of the same household, whether or not related) of Sponsor and its respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising and promotion agencies, and any and all other companies associated with the Contest are not eligible to participate or win the Prizes. The Contest is subject to all applicable federal, state and local laws, rules and regulations. Void where prohibited or restricted by law, rule or regulation.
PRIZE CONDITIONS: All Prize details shall be determined in the sole and absolute discretion of Sponsor. Prizes are non-transferable and non-assignable, with no cash redemptions. Sponsor reserves the right to substitute each Prize (or any portion thereof) with a prize of comparable or greater value at its sole and absolute discretion. Each Winner is fully responsible for any and all applicable federal, state and local taxes (including income and withholding taxes). All costs and expenses associated with Prize acceptance and use not specified herein are the sole responsibility of the Winners.
CONTEST ADMINISTRATION: Sponsor will be responsible for resolving any disputes and rules violations that arise in connection with the Contest. Sponsor’s computer will be the official clock of the Contest. All decisions by Sponsor regarding the Contest shall be final and binding in all respects.
PUBLICATION, LICENSE AND RELEASE: By entering the Contest and submitting an Entry, each participant (a) agrees that his/her Entry is an original work of authorship and that he/she owns all right, title and interest in the Entry as of the date of submission or has all necessary rights and authorizations to submit it and the express permission of all individuals, content and materials embodied in the Entry to submit it for possible use as provided herein; (b) agrees that his/her Entry does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (c) grants to Sponsor and its designees the perpetual and unlimited right and license to use, license, edit, modify, duplicate and/or create derivative works from his/her Entry throughout the world and in perpetuity, including, but not limited to, the right for Sponsor to publish, display, broadcast, distribute, reproduce, perform, create derivative works from and otherwise use and exploit the Entry via the Internet or any other interactive media, on television, in print and/or any other media currently existing and hereafter developed and without limitation and without payment of any compensation to the participant or his/her heirs and successors, (i) on its own or as part of any audiovisual or other production; (ii) to advertise any products, programming or services of the Sponsor or for any other advertising, marketing, publicizing and promotional purposes and in any materials related thereto; and/or (iii) for any other purpose whatsoever; and (d) release in perpetuity the Released Parties from any claims, demands, losses and liabilities of any nature arising out of or in any way connected with the Entry, and the use thereof as permitted hereunder, including, but not limited to, claims of copyright or trademark infringement, false endorsement, libel, slander, defamation or infringement of rights of publicity or privacy. Nothing herein will obligate the Sponsor to make any use of any of the rights set forth herein.
CONTENT RESTRICTIONS: Participants must not include any of the following content (the “Content Restrictions”) in any Entry: (a) pornography, adult-oriented content or any other sexually-explicit material; (b) materials relating to lotteries or gambling; (c) explicit language or content, images of violence, or promotion of illegal activities; (d) content in violation of intellectual property rights or laws; (e) libelous, defamatory, disparaging, tortious or slanderous materials; (f) content that denigrates, disparages or reflects negatively on the Sponsor, its owners and employees; (g) tobacco, e-cigarettes, alcohol or drugs; (h) dangerous stunts; (i) real weapons of any kind including, but not limited to, guns, knives or projectiles; (j) material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any other basis protected by federal, state, territory, provincial or local law, ordinance, or regulation; (k) individuals under legal age of majority without providing a signed release from parent or legal guardian; (l) audio and/or visual content owned by any third party (e.g., recorded music; pre-produced video, etc.); and (m) material that is unlawful, or otherwise in violation of or contrary to the federal, state or local laws or regulations applicable to where the Entry is created. Any Entry that does not comply with the foregoing, in the sole discretion of Sponsor, will be disqualified and eliminated from consideration.
NOTIFICATION: Each potential winner will be notified via Twitter and/or email by Sponsor (the “Prize Notification”) and will be required to privately (through Twitter direct message, email, or other secure, private means) provide his/her name, address, age and other personal information necessary to receive the Prize. In the event that any potential winner does not respond to such Prize Notification within the Required Response Time or fails to provide Sponsor all information necessary to receive the Prize or declines the Prize for any reason, a disqualification will result, the Prize will be forfeited and, at Sponsor’s sole discretion and time permitting, an alternate potential winner may be chosen based on the judging criteria from among all remaining eligible Entries. The potential winner may be required to submit his/her valid social security number and/or other identification to Sponsor and may be required to execute, have notarized and return an Affidavit of Eligibility and Release of Liability, and, unless prohibited by law, Publicity, within the Required Response Time. A disqualification and Prize forfeiture will result and, at Sponsor’s sole discretion and time permitting, an alternate potential winner will be chosen based on the judging criteria from among all remaining eligible Entries if all required documents are not properly executed and returned within the specified period of time. Refusal or return of such documents as non-deliverable or any potential winner’s noncompliance with these Official Rules may result in disqualification, Prize forfeiture and, at Sponsor’s sole discretion and time permitting, may cause an alternate potential winner to be chosen based on the judging criteria from among all remaining eligible Entries.
GENERAL CONDITIONS: By participating in the Contest, each participant (a) accepts and agrees to be bound by these Official Rules, including all eligibility requirements; and (b) gives his/her express permission to be contacted by Sponsor and/or its representatives for Contest administration purposes.
All applicable federal, state and local laws and regulations apply. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
The Sponsor, Facebook, Inc. (“Facebook”), Apple, Inc. (“Apple”), Instagram, Inc. (“Instagram”), Twitter, Inc. (“Twitter”) and each of their respective parent companies, trustees, subsidiaries, franchisees, assignees, affiliates, licensees, agents, independent contractors, telecasters, sponsors, licensees and advertising and promotional agencies, and each of their respective general and limited partners, members, shareholders, officers, directors, agents, employees, representatives and contractors (collectively, the “Released Parties”) shall not be responsible for lost, late, stolen, garbled, delayed, undelivered, or misdirected Entries, for incorrect, inaccurate or incomplete Entry information whether caused by a participant, equipment, or technical malfunction or for any human error, technical error or malfunctions.
Released Parties are not responsible for any technical, computer, network, typographical, printing, human or other errors relating to or in connection with this Contest, including, without limitation, errors or problems which may occur in connection with the offer or administration of this Contest, the processing of Entries, the tabulation of scores, or any errors appearing in any Contest related-materials including, but not limited, to errors in advertising, the Official Rules, the selection and announcement of the Winners or the distribution of the Prizes. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest.
Released Parties make no warranties, express or implied, relative to the use or enjoyment of the Prizes (or any portion thereof) including, without limitation, quality, merchantability or fitness for a particular purpose. By entering the Contest, each participant agrees to indemnify, hold harmless and fully release the Released Parties from any and all claims, demands, losses, promises, causes of action and/or liabilities for any injuries, losses, death, or damages of any kind caused, directly or indirectly, in whole or in part, by participation in, or preparation for, the Contest, Contest-related activity, participant’s Entry, or resulting from the acceptance, possession, quality, use or misuse of the Prizes (or any portion thereof).
If the Contest is not capable of running as planned for any reason including, without limitation, as a result of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, cancellation or postponement of the 2020 Apple Worldwide Developer’s Conference, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right at its sole and absolute discretion, to cancel, terminate, modify or suspend the Contest, to disqualify any individual who tampers with the entry process and, if terminated, to determine the Winners, if any, from among all eligible, non-suspect Entries submitted up to the point of termination.
Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. The Released Parties are not responsible for any problems or technical malfunction of any telephone network, cable, satellite, wireless, Internet Service Provider (ISP) or lines, computer systems, servers, or providers, computer equipment, software, malfunctions of wireless devices, wireless service problems, cellular tower equipment, failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet or at any website or wireless service congestion, or any combination thereof, including any injury or damage to participant’s or any other person’s computer or mobile device related to or resulting from participation or downloading any materials in this Contest.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY PARTICIPANT RESPONSIBLE FOR THE ATTEMPT, AND SPONSOR AND ITS RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event of dispute as to the identity or eligibility of any potential winner based on a Twitter account, the winning entry will be declared made by the Authorized Account Holder of the Twitter account that submitted the Entry at the time of entry provided he/she is eligible according to these Official Rules. The “Authorized Account Holder” of a Twitter account is defined as the natural person assigned to a Twitter account by Twitter.com.
In the event that the Contest is challenged by any legal or regulatory authority, Sponsor reserves the right to discontinue or modify the Contest, or to disqualify participants residing in the affected geographic areas. In such event, the Released Parties shall have no liability to any participant who is disqualified due to such an action.
As a condition of entering this Contest, each participant agrees that (i) any and all disputes, claims, controversies or causes of action arising out of or relating to this Contest, or any prizes awarded (each, a “Claim”), shall be (1) arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party, and (2) settled by binding arbitration in Denver County, Colorado before a single arbitrator appointed by the American Arbitration Association in accordance with its then governing rules and procedures, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof; and (ii) under no circumstance will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses. These Official Rules shall be governed by and construed and interpreted in accordance with the laws of the State of Colorado, U.S.A., applicable to contracts entered into and performed exclusively in that State.
All entry data provided online is provided to Sponsor and not to Apple, Facebook, Twitter or Instagram. This Contest is in no way sponsored, endorsed or administered by, or associated with, Apple, Instagram, Twitter or Facebook. TWITTER, TWEET, RETWEET and the Twitter logo are trademarks of Twitter, Inc. or its affiliates.
The Contest is designed to increase consumer awareness of and interest in the Sponsor. This Contest may not be used for, or in connection with, any form of gambling.