80 in ’18 Official Rules

1. Contest

80 in ’18 is a challenge promoting park awareness and all of the amenities that the Sioux Falls Parks and Recreation (SFPR) system offers. The goal is to encourage people to use the parks year-round, inspire residents to find their new favorite parks as well as explore outside of their neighborhood, and to get people outside and moving! This contest began on January 1, 2018, at 12 midnight CST and ends on December 31, 2018, at 11:59 p.m. CST.

2.  Sponsor

80 in ’18 (contest) is sponsored by the City of Sioux Falls Parks and Recreation. This contest is void where taxed, restricted, or prohibited and is subject to all local, state, and federal laws. By entering, each entrant accepts and agrees to be bound by these official rules and the decisions of the Sponsor, which shall be final and not subject to appeal.

3. Eligibility

No purchase necessary to enter. Entrants must be at least 18 years or age by time of entry to be eligible for the prize drawing. Current SFPR employees and their immediate family members are not eligible to participate to win. The term “immediate family members” includes spouses, grandparents, parents, siblings, children, and grandchildren. Text, data, or messaging rates may apply.

4. How to Enter

Entrants may post to Facebook or Twitter a picture of them spending time enjoying each of the featured monthly parks. Picture must include a recognizable landmark from the featured park. Post must include the hashtag “#80in18.” Interested participants without social media access may visit www.siouxfalls.org/80in18 to print a monthly tracking and entry form. Entrants must include their name, phone number, email or mailing address, and picture in order to enter. Complete monthly entries will include one picture/post per monthly featured park. Incomplete entries will not be considered for prizes. Monthly photo entries will be leveraged for grand prize drawing. To qualify for grand prize drawing, entrant must have posted all 80 pictures. Final monthly entries must be received by 11:59 p.m. CST on the last day of the month. Year-end entries must be received by 11:59 p.m. CST on December 31, 2018. One entry per person, per park, and per month will be accepted.

5. Picture Submission

Sponsor is not responsible for telephone service outages, delays, equipment malfunctions, errors or data loss of any kind; lost or unavailable connections; or late, lost, failed, illegible, incomplete, garbled, or deleted entries; or other network or technological difficulties that may prevent an individual from completing his/her online entry; or for entry form or official rules printing errors. Entry materials that have been tampered with or altered are void. Any automated or computer-generated entries, fake or duplicate identities, spam, or improper techniques (as determined by the Sponsor) will be disqualified. Any questions regarding the validity, completeness, or number of entries submitted by an individual or the identity of the authorized account holder of an email address, phone number, or social media profile shall be determined by the Sponsor in its/their sole discretion. If the Sponsor determines, in its/their sole discretion, that there is any suspected or actual tampering with the contest (electronic or otherwise), or if technical difficulties (e.g., infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor) compromise the security, fairness, integrity, or administration of the contest, the Sponsor reserves the right to void the entries at issue and/or modify, suspend, cancel, or terminate the contest and conduct a random drawing to award the prize among all eligible entries received as of the termination date. If the contest is terminated due to tampering or technical difficulties prior to its expiration date, notice will be posted online at www.siouxfalls.org/80in18. Sponsor reserves the right to disqualify any entrant that tampers with the operation of the contest or website or violates the official rules of the contest. Submissions that are deemed by the Sponsor, in their sole discretion, to contain images that are offensive, immoral, obscene, profane, defamatory, not keeping with the image of the Sponsor, or in violation of these official contest rules or any local, state or federal law will be void. Further, all submissions that contain copyrighted or other proprietary materials for which the entrant has not obtained appropriate assignment of rights, as well as any content which disparages or portrays the Sponsor in a negative light, or otherwise violates these official contest rules, will be void. Entries not conforming to these entry specifications will not be acknowledged or returned. By submitting your photos, you hereby grant to the City of Sioux Falls and SFPR a nonexclusive, perpetual, worldwide, fully paid and royalty-free, transferable, and sublicensable license to edit, telecast, rerun, reproduce, use, syndicate, license, print, distribute, and otherwise exploit in any manner the materials you submit, or any portion thereof, in or in connection with any of SFPR and any of its affiliates’ websites, programming, platforms, and/or applications, and in connection with the promotion, marketing, and advertisement of any of the foregoing (the manner, mode, and extent of which are subject to change without notice to you), in any manner and in any medium or forum, whether now known or hereafter devised, throughout the world and the universe. You represent and warrant to SFPR that you have the full legal right, power, and authority to grant to SFPR the license provided for herein, that you own or control the complete submission(s). This license shall be governed by the laws of the State of South Dakota.

You agree that your Submission(s), and the exercise of the rights granted herein, pursuant to these terms, does not and will not violate any applicable U.S. or state laws or regulations, or cause a breach of any agreement(s) with any third parties; and that none of the submissions will infringe any copyright, invade any right of privacy, right of publicity, contain any libelous or slanderous material, or infringe or violate any intellectual property right or other right (including common law rights) of any other person or entity.

By submitting your submission(s), you agree to defend, protect, indemnify, and hold harmless SFPR and its parents, subsidiaries, related entities, partners, and each of its and their current and former officers, directors, partners, employees, agents, servants, heirs, administrators, executors, licensees, predecessors, successors, affiliates, subsidiaries, parents, representatives, and assigns, jointly and severally, from and against any and all rights, claims, debts, demands, acts, agreements, liabilities, obligations, damages (including, without limitation, consequential and/or punitive damages), costs, fees (including, without limitation, those of attorneys), expenses, actions, and/or causes of action of every nature, character, and description, whether known or unknown, suspected or unsuspected, liquidated or unliquidated, in law or equity in connection therewith which arise out of and/or relate to your Submission(s) and/or SFPR or any of its affiliated entities’ use and/or loss of your submission(s).

6. Prize(s)

Winners will be selected via a lottery-style drawing from all eligible entries on the second Friday of every month beginning on February 9, 2018, and ending on January 11, 2019. Winners will be notified by phone, email, or social media. A total of 12 monthly winners (one per month) will receive a SFPR prize valued approximately $300. Entrants can win one month per year. One parks and recreation themed grand prize valued approximately $500 will be awarded at the end of the contest. All entrants who meet contest requirements of 80 photo submissions, including monthly winners, will be eligible for the grand prize. All results are unofficial until winner(s) is/are verified by the Sponsor. Prizes may not be exchanged, substituted, transferred, or redeemed for other prizes by winner. Cash will not be awarded as a substitute for prize. Prizes are awarded “as is” with no guarantees or warranties as to use, merchantability, or fitness for a specific purpose, and the Sponsor is not responsible for defective prizes. Sponsor reserves the right to substitute a prize in their sole discretion without an official communication, in which case a prize of equal or greater value will be awarded. Other terms and conditions may apply.

7. Conditions for Acceptance of the Prize(s)

Winners must claim the prize(s) in-person at the SFPR Office during regular business hours (Monday through Friday from 8 a.m. CST to 5 p.m. CST). The prize(s) must be claimed within 30 days of notice by the Sponsor or it/they will be forfeited. Winner(s) will be required to provide a valid government-issued photo identification card and to execute an affidavit of eligibility and publicity and liability release prior to receiving their prize(s). All unclaimed or rejected prizes will be forfeited. Failure by the winner(s) to respond to the Sponsor’s email messages or other notifications will lead to forfeiture of the prize(s). Failure to completely fill out and sign all waivers, releases, or forms requested by the Sponsor will result in forfeiture of the prize(s). Upon forfeiture of the prize(s), the Sponsor has the right to award that prize to another winner using the method described above. A winner who forfeits any prize is not eligible to win another prize during the contest. Winner(s) will be solely responsible for any and all accommodations and transportation costs, and all other items of an incidental nature. Prize(s) may be subject to availability. All expenses on receipt and use of prize(s) are the sole responsibility of the winner(s). The Sponsor is not responsible for any weather changes or extenuating circumstances relating to a prize received. The Sponsor is not responsible for replacing or reimbursing winners with any form of compensation for events that are delayed or canceled. All delays and cancellations are deemed beyond the control of the Sponsor. This includes, but is not limited to, event cancelations or delays, as well as all acts of nature. Sponsor will not be responsible for failure to supply the prize(s) by reason of any force majeure events, such as acts of God, war, terrorist attacks, unusually severe weather, labor strikes, or other causes beyond the control of the Sponsor. By accepting the prize, the winner or winners (or, in the case of a minor, their parent/legal guardian) agree to have their name and submitted photo(s) and entry materials used in any advertising material relating to this contest, and in any media whatsoever, including the Sioux Falls Parks and Recreation website and social media accounts, for any purpose whatsoever, in perpetuity, without any further authorization or compensation to the entrant.

8. Limitation on Liability

Sponsor disclaim(s) all liabilities to the winner(s) with respect to receipt and use of the prize(s). Winners, by acceptance of their prize(s), agree to release and hold the Sponsor and their advertising, directors, and employees harmless from any and all liability, claims, causes of actions, damages, fines, and costs of any kind whatsoever (including reasonable attorney’s fees) which may be sustained directly or indirectly to persons or property in connection with the receipt, ownership, or use of the prize or while preparing for, participating in, and/or traveling to any prize-related activity.

9. Reservation of Rights

Sponsor reserves the right to make changes to these official rules in their sole discretion, which will become effective upon announcement. Sponsor reserves the right to cancel or terminate this contest for any reason in the event that it cannot be run or administered as intended by the Sponsor. Any such changes or termination will be announced on www.siouxfalls.org/80in18. Any attempt by an entrant or any other individual to deliberately damage or undermine the legitimate operation of the contest may be a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to prosecute or seek damages from any such person to the fullest extent permitted by law. All issues and questions concerning the construction, validity, interpretation, and enforceability of these official rules or the rights and obligations of entrants or Sponsor in connection with the contest shall be governed by and construed in accordance with the internal laws of the State of South Dakota, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.

10. Contact Information

For questions or more information about this contest, please visit the SFPR office at 100 East Sixth Street, Sioux Falls, SD 57104 or call 605-367-8222 between the hours of 8 a.m. to 5 p.m. CST, Monday through Friday. For a copy of these rules, addendum, and/or list of winners, please visit www.siouxfalls.org/80in18 or send a self-addressed stamped envelope to Sioux Falls Parks and Recreation within 60 days of the end of this contest.