A. OFFICIAL CONTEST RULES & REGULATIONS 

1. NO PURCHASE NECESSARY. Void where prohibited. By entering this Contest the entrants and participants automatically agree to accept and abide by these Official Contest Rules and Regulations (“Contest Rules”). All decisions of Pela Case with respect to any aspect of this Contest, including without limitation the eligibility of entries, are final and binding on all entrants in all matters as they relate to this Contest. 

2. HOW TO PARTICIPATE: 

1.    Follow us at @pelacase

2.    Post your picture by tagging @pelacase and using #pelainthewild

3.    Tell us why you LOVE your pela case

4.    Post has to be public

 

3. ELIGIBILITY

This contest is open globally to all residents over the age of majority in their respective country of legal residence. This contest is void wherever prohibited or restricted by law and is subject to all federal, provincial, and local laws and regulations. 

4. PRIZE

One (1) $500.00 (USD) cash prize for the first-place winner. One (1) $250.00 cash prize for the second-place winner. Five (5) Pela Cases for runners-up worth $39.00 (USD) each. Winner is solely responsible for all costs. incidentals, and expenses not specifically mentioned as being included. Prizes must be accepted as awarded and are not transferable or convertible to cash. No substitutions will be accepted. All federal, provincial, and local taxes are the sole responsibility of the winner. 

5. EXPIRATION AND JUDGING

This contest will run from July 11th, 2017 until July 20th, at 11:59pm EST. Pela Case will select and announce winners on July 21st based on contest criteria of:

1. Photo is in keeping with contest theme

2. Photo is inspiring

3. Photo is creative

Per Instagram rules, we must mention this is in no way sponsored, administered, or associated with Instagram, Inc. By entering, entrants confirm they are 13+ years of age, release Instagram of responsibility, and agree to Instagram's term of use. 

6. RULES OF PARTICIPATION

A person may submit the contest as many times as they would like. 

7. NOTIFICATION

The prize winner will be notified via email and/or Instagram direct message. If the contestant does not respond within two (2) days of notification, or does not meet all of the contest conditions, another entry will be selected from all remaining entries. 

8. CONDITIONS

Pela Case assumes no responsibility for lost, late or misdirected entries or any software, hardware, network or other failures or malfunctions that interfere with the proper conduct of the contest. In order to win, entrant must first have complied with Contest Rules, completed and correctly answered a time-limited mathematical skill-testing question. All winners consent to the use of their first name and city of residence without payment or compensation in any publicity or advertising in any medium carried out by Pela Case. By participating in the Contest, each participant agrees to release and hold Pela Case responsible for any and all losses, damages, rights, claims and actions of any kind in connection with the Contest or resulting from acceptance, possession, or use of any prize, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy. 

 

B. TERMS OF USE FOR USER-GENERATED CONTENT 

 

These Terms of Use for User-Generated Content (“UGC Terms of Use”) describe the terms and conditions under which Open Mind Developments Corp. and its affiliates and subsidiaries (collectively, “OMD”) may use that content created and publicly posted by you, as more specifically identified in OMD’s communication to you via the social media platform on which such content appears (the “User-Generated Content”).

 

1. RIGHTS

When you upload, post or otherwise make text, photographs, images, graphics, videos or messages or other materials on or to pelacase.com or any other social media website owned or operated by OMD, you hereby grant OMD a non-exclusive, irrevocable, worldwide, royalty-free right and license to exhibit and otherwise use (and to authorize third parties to exhibit and otherwise use) the User-Generated Content, in perpetuity, on OMD’s website(s), blog(s), mobile website(s), email(s) and on OMD-branded digital and social media channels. OMD may modify the User-Generated Content for formatting, navigational, integration or other purposes, but such modifications will not materially distort such User-Generated Content.

 

You acknowledge and agree that (i) the User-Generated Content was created by you or that you own or control all rights in such User-Generated Content; (ii) the exercise by OMD of its rights under these UGC Terms of Use will not violate the rights of any third party or any applicable laws, rules or regulations, including, without limitation, consumer protection, privacy and trade laws; and (iii) the User-Generated Content does not contain any worms, viruses or other harmful code. OMD reserves the right to modify these UGC Terms of Use by posting new versions thereof, as well as the right to provide additional notice of material changes, which modifications and changes will be effective immediately.

 

 

2. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OMD, ANY THIRD PARTY, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS, ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF OR RESULTING FROM THESE UGC TERMS OF USE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER THE INTREPID OR ANY THIRD PARTY CONTENT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, DAMAGES, LOSSES OR EXPENSES.

IN THE EVENT THE USER-GENERATED CONTENT CAUSES ANY TECHNICAL DISRUPTION, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. WITHOUT LIMITING THE FOREGOING, YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES) ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE USER-GENERATED CONTENT.

3. INDEMNITY & RELEASE

(a) You agree to indemnify, defend and hold OMD, its agents, suppliers, licensees, successors, or assigns, and/or its and their respective officers, directors, employees, contractors and agents (collectively, the "Indemnified Parties") harmless from and against any and all damages, liability, claims, actions, demands and costs (including, without limitation, reasonable attorneys’ fees and costs of settlement) arising out of any breach by you of these UGC Terms of Use.

(b) Without limiting anything set out above, you hereby release each of the Indemnified Parties from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these UGC Terms of Use. If you are a California resident, you expressly waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 

4. TERMINATION

These UGC Terms of Use are effective until terminated by OMD, with or without notice to you. Those terms and conditions of these UGC Terms of Use that, by their nature, are intended to survive termination (e.g., Limitation of Liability, Indemnity and Release) shall so survive.

5. ENTIRE AGREEMENT/WAIVER

These USC Terms of Use constitute the entire agreement between you and OMD with respect to the User-Generated Content. The failure of OMD to exercise or enforce any right or provision of these UGC Terms of Use shall not constitute a waiver of such right or provision. If any provision of these UGC Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these UGC Terms of Use, which shall remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these UGC Terms of Use must be filed within one (1) year after such claim or cause of action arose. These UGC Terms of Use and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these UGC Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.