These Rules and Regulations ("Official Rules") as well as the Commandments ("Commandments") detail the requirements, rules, regulations, processes and prizes for the international digital scavenger hunt called "gishwhes" ("Scavenger Hunt") managed by gishwhes, LLC, also sometimes referred to as Conglomerated Ubiquitous Multinational, LLC ("gishwhes"). Participants in the Scavenger Hunt ("Entrants") agree to abide by all Official Rules and Commandments.
1. Preliminary Information. The Scavenger Hunt will begin Saturday, August 5th, 2017, at 7 AM PST and end on Saturday, August 12th, at 10:59 PM PST[a] ("Hunt Period"). During the Hunt Period, teams of Entrants will compete against one another to find and/or create specified items ("gishwhes Items"), record these items as images or videos, and submit links to these images and videos on the gishwhes Scavenger Hunt website, www.gishwhes.com ("Website"). Entrants should not expose themselves or others to any dangerous or harmful behavior or activity at any time during this Scavenger Hunt. Entrants agree to abide by any and all applicable local, city, state, provincial and federal laws of their respective countries. Void where prohibited or restricted by law.
The Scavenger Hunt is a skill-based competition and chance plays no part in the determination of the winning team. For the "Gish-Referrer Grand Prize”, no purchase is necessary to enter or win the drawing. A purchase will not improve the chances of winning a prize from the drawing. Entrants may enter the drawing via the alternative free method of entry listed below without making any purchase.
2. Eligibility. The Scavenger Hunt is open to global Entrants 14 years of age and older. Eligible minor Entrants must provide gishwhes with parental or legal guardian ("Guardian") consent prior to participating in the Scavenger Hunt, and the minor and Guardian must agree to be bound by these Official Rules. Entrants are eligible for the Grand Prize (defined below) under the following conditions:
a. Each Entrant must personally and actively participate in the Scavenger Hunt.
b. Ages 18 and over. If Entrant will be at least eighteen (18) years of age (or the age of majority in his or her jurisdiction of residence, if older) as of July 30th of the applicable Scavenger Hunt year, they may participate in the Grand Prize unattended by a Guardian.
c. Ages 17 and under. Any Entrant who wins the Grand Prize who is less than eighteen (18) years of age (or less than the age of majority in his or her jurisdiction of residence, if older) on August 5th of the applicable Scavenger Hunt year ("Minor Winner") may only participate in the Grand Prize accompanied by a Guardian. If the Guardian is NOT registered on the Minor Winner's team, Guardian will be responsible for paying 100% of Guardian's costs incurred in participating in the Grand Prize.
3. How to Enter the Scavenger Hunt. To register, Entrants must go to the Website on those dates that gishwhes makes registration available to the public, click on the "Register" link, and follow the instructions to register. Entrants must: (a) read and agree to these Official Rules; (b) read and agree to the terms and provisions of gishwhes "Consent, Release, Waiver of Liability and Indemnity Agreement" and electronically sign that document; (c) fill out all required (*) registration fields on the Website; and (d) pay the appropriate admission fee. During registration, Entrants may register as part of a team of fifteen (15) people ("Team") (with directions as indicated on the Website) or register as an individual (and thereafter be grouped by gishwhes into a Team).
4. How to Compete in the Scavenger Hunt. During the Hunt Period, Teams compete against one another to find and/or create gishwhes Items, record these items as original images or videos, and submit these original images and videos ("Entries") on the Website. The gishwhes Items can be found on the Website as "Item List", the posting of which will signal the commencement of the Scavenger Hunt. Entrants must submit Entries as indicated on the Website. Teams will be awarded points for legitimate Entries that they successfully photograph or video and submit on the Website. The Scavenger Hunt is completed upon that date and time that the Hunt Period ends and gishwhes removes the "Item List" from the Website. No Entries will be accepted after this point.
5. Submission Requirements. The Entries submitted to the Website may not contain references which are obscene, crude or vulgar, and/or which contain gang identification, references to commercial products unless approved and asked for by gishwhes[b], license plate numbers, phone numbers, personal addresses (physical or email), derogatory characterizations of any ethnic, racial, sexual or religious groups, references to illegal or inappropriate activity, behavior or conduct, or any other references that could be considered inappropriate, unsuitable or offensive, as determined by gishwhes, at its sole discretion. Submissions should be original works, and not copied, forged, manipulated or altered, unless Entrants are specifically asked to do so for that gishwhes Item. Teams are not permitted to crowd-source or purchase entire gishwhes Items from third-parties. Submissions of Entries which are incomplete, inaccurate, irregular in any way, or otherwise not in compliance with these Official Rules are void.
6. Scoring and Winner Selection.
a. Each gishwhes Item has a point value. Entries may be disqualified, awarded full or partial point value or bonus points may be added (up to 100% of the item value) as determined in the sole discretion of gishwhes judges. Team(s) that submit Entries that are legitimate and accurate, and that accumulate the highest number of aggregate points, as determined by the gishwhes judges, will win the Grand Prize. Five or more of the top scoring Teams ("Runner-Up Team") will win a Runner-Up Prize.
b. If an Entrant of a gishwhes team has a more than 500,000 social media followers or "likes" on any social media platform, and the gishwhes judges, in their sole discretion, deem that Entrant to be a person of broad public recognition, and that Entrant’s team wins the Grand Prize, gishwhes judges may, but is not obligated, to award the Grand Prize to two Teams.
c. Regardless of point accumulation, no Team may win the Grand Prize two years in a row. Individual Entrants that were on a winning Team may, however, win two years in a row if during the second year they are on a winning Team with no more than three (3) other former winners.
a. Runner-Up Prize. Each eligible member of a Runner-Up Team shall receive an official gishwhes medal. The approximate retail value of the Runner-Up Prize is Fifty Dollars ($50.00). The approximate retail value of the prize represents gishwhes’s good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the Runner-Up Prize turns out to be less than the stated approximate retail value, the difference will not be awarded.
b. Grand Prize. Each eligible member of the Grand Prize winning Team ("Winner") shall receive the following Grand Prize:
i. One (1) round trip airline ticket (coach/economy class) from the major airport nearest Winner's home to the Grand Prize city ("Prize City") airport (as determined at the sole discretion of gishwhes). If the Winner lives within One Hundred (100) miles of Prize City, as determined at the sole discretion of the gishwhes, gishwhes may substitute ground transportation for air transportation;
ii. Accommodations for three (3) nights (covering room and room taxes & fees only) at a location selected by gishwhes in its sole discretion in or around Prize City;
iii. Three (3) meals per day for each of the three days, or cash equivalent thereof; and
iv. Roundtrip ground transportation between Prize City airport and to all organized Grand Prize events in the Prize City or cash equivalent thereof (collectively, the "Grand Prize").
c. The Grand Prize does not include any additional expenses, including but not limited to medical emergencies, emergency travel, gifts, incidentals, telephone charges, insurance (travel and health), travel visa charges, souvenirs, upgraded, extended, or otherwise altered transportation, federal, state and local sales taxes and surcharges for expenses beyond what is detailed above.
d. The Grand Prize dates will be announced after the Scavenger Hunt is completed and are based on the availability and schedule of Misha Collins. Misha Collins’ attendance on the Grand Prize trip is contingent on his travel and work schedule. Travel and accommodation arrangements to be determined by gishwhes. Once determined, no changes, extensions or substitutions are permitted, except by gishwhes at its sole discretion. If a Winner is unable to attend the Grand Prize trip for any reason whatsoever, the Grand Prize shall not be transferable and there will be no substitutions or cash redemptions. Airline tickets are non-reroutable, non-refundable, and the validity may not be extended. gishwhes shall have no responsibility or liability for cancellations, changes and/or delays by the air carrier(s), lodging facilities, or other company or other persons providing any of the components of the Grand Prize for the Winner due to reasons beyond gishwhes control.
e. The approximate combined retail value of the Grand Prize is Four Thousand dollars ($4,000.00). This value may vary depending on various factors, including travel itinerary and costs of air transportation at time of award. The approximate retail value of the prizes represents gishwhes’s good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the Grand Prize turns out to be less than the stated approximate retail value, the difference will not be awarded.
g. All details of Grand Prize will be determined by gishwhes in its sole discretion. gishwhes reserves the right to substitute a comparable prize of like or greater value for any prize, or to pay Winner a cash equivalent (the value of which shall be determined by gishwhes at its sole discretion), for any reason. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of prizes are the sole responsibility of Winner(s).
e. All Winners will be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release. If the Winner fails to sign and return the Affidavit or otherwise rejects his/her prize or in the event of noncompliance with these rules and requirements, such prize will be forfeited. Upon prize forfeiture, no compensation will be given.
f. By accepting the prize, Winner releases and discharges gishwhes, its representatives, parent, subsidiaries, affiliates, advertising and promotion agencies, and each of their respective employees, officers, directors, representatives and agents from any liability or damage due in whole or in part to the award, acceptance, possession, use or misuse of any prize or to the participation in the Scavenger Hunt.
8. Gish-Referrer Grand Prize Drawing.
a. Void Where Prohibited. Entrants may refer additional individuals to enter the Scavenger Hunt. For each referral who registers for the Scavenger Hunt, the Entrant’s name will be placed into a drawing ("Drawing") to join in the Grand Prize, subject to these Official Rules. No purchase is necessary to enter or win the Drawing. A purchase will not improve the chances of winning a prize from the Drawing. Referral of individuals is not a requirement or consideration to enter the Drawing. Odds of winning the Drawing depend upon the total number of eligible entries received. Any Entrant may enter the Drawing via the alternative Free Mail-in Entry method listed below without making a referral or any purchase, subject to any local rules and laws which may restrict or prohibit the award of certain prizes or impose additional restrictions on participation. Void in countries on the United States list of embargoed countries.
b. How To Enter: The Eligibility Period ("Eligibility Period") will end at the earlier of July 31st or at the close of online registration for the 2017 Hunt as posted on the homepage of the Gishwhes website. The Drawing for the Gish-Referrer Grand Prize Drawing will be held on or before October 16th, 2017 ("Drawing Date"). Individuals can enter the Drawing by completing any of the following methods of entry:
i. Online Entry. Visit the Website, www.gishwhes.com, click on the "Register" link, and then follow the instructions to register and invite friends via the online invite form. The invitee must register and enter your email during registration for you to be eligible with this method of entry.
ii. Free Mail-In Entry. To receive entry into the Drawing without a referral, legibly hand-print on a postcard your complete name, street address (no P.O. Boxes), city, state/province/country, zip or postal code, daytime phone number, age, email address (if available) and the following statement: "I have read and agree to the gishwhes Rules and Regulations and wish to enter the drawing" and mail it to: "Misha Collins" 1920 Hillhurst Ave, Ste 170, Los Angeles, CA 90027, before the end of the Eligibility Period. gishwhes is not responsible for lost, late, illegible, damaged or postage due mail-in entries.
a. By entering the Scavenger Hunt, each Entrant agrees: (i) if selected as a Winner, to the usage of[c] such Entrant’s name and photo on the Website and the use by gishwhes of Entrant’s name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter developed, throughout the universe, in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (ii) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Scavenger Hunt itself, and to be bound by all decisions of gishwhes, which are binding and final. Failure to comply with these conditions may result in disqualification from the Scavenger Hunt and/or the Grand Prize at gishwhes’s sole discretion
b. Rights. Entrant must have the permission of all persons appearing in the videos and photographs to submit such material (the "Content") as Entries in the Scavenger Hunt. Entrant represents and warrants that: (i) Entrant owns the Content; and/or (ii) Entrant has the sole and exclusive authority to grant the rights provided in the License paragraph below. Entrant further represents and warrants that the consent of no other person or entity is required to enable gishwhes to use the Content as described in the License paragraph below, and that such use will not violate the rights of any third parties, including, but not limited to, copyright, trademark, privacy or publicity rights anywhere in the world. If Entrants submit Content as Entries that does not comply with the representations and warranties in this paragraph, such Content may be ineligible and disqualified.
c. License. Upon submitting Entries during the Scavenger Hunt, Entrants grant gishwhes the right to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify and otherwise exploit Entrants’ Content, and to incorporate the Content in other works, including in connection with advertisements, promotions, publicity, and merchandising, in any and all markets and media, whether now known or hereafter developed, throughout the universe in perpetuity, without obtaining Entrant’s consent, and free and clear of any and all claims for royalties, residuals, or other compensation.
10. Registration Fees. Registration fees are not considered charitable contributions to Random Acts, a division of The Art Department, Inc. ("Random Acts") or any other charity, and are not tax deductible. Officers of gishwhes, LLC sit on the Board of Directors of Random Acts. Their relationship to all organizations are disclosed annually under Random Acts Conflict of Interest policy.
11. Cancellation and Modifications.
a. gishwhes reserves the right to permanently disqualify from the Scavenger Hunt any person it believes has intentionally violated these Official Rules. Any attempt to deliberately damage the Website or operation of the Scavenger Hunt is unlawful and subject to legal action by gishwhes. If, for technical reasons or other reasons beyond the control of gishwhes (including but not limited to tampering or computer virus infection), the Scavenger Hunt is not capable of running as originally planned, gishwhes, at its sole discretion, reserves the right to cancel, modify or suspend the Scavenger Hunt or any element thereof without liability. If the Scavenger Hunt is cancelled, all Entrants' fees shall be returned to Entrants less any third-party transactional costs and the prizes will not be awarded.
b. The failure of gishwhes to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of gishwhes, or other "force majeure" event will not be considered a breach of these Official Rules. gishwhes assumes no responsibility for any injury or damage to Entrant’s or to any other person’s computer relating to or resulting from registering for or submitting materials in connection with the Scavenger Hunt. gishwhes is not responsible for: (i) telecommunications, network, electronic, technical, or computer failures of any kind; (ii) inaccurate transcription of entry information; (iii) errors in any promotional or marketing materials or in these Official Rules; (iv) any human or electronic error; or (v) Entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or simply not uploaded.
c. gishwhes may prohibit any Entrant or potential entrant from participating in the Scavenger Hunt, if such Entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, gishwhes, or gishwhes’s agents or representatives; or behaves in any other disruptive manner (as determined by gishwhes in its sole discretion). gishwhes reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Scavenger Hunt.
12. Issues of Law and Disputes. THE SCAVENGER HUNT AND ENTRANT’S ELIGIBILITY IS VOID WHERE RESTRICTED OR PROHIBITED BY LAW. Unless the laws of the Entrant’s country state otherwise, under no circumstances will Entrants be permitted to obtain awards for, and each Entrant hereby waives and and all rights to claim punitive, incidental and/or consequential damages, and/or any other damages, including attorney’s fees or other such related costs of pursuing a claim. The Scavenger Hunt is governed by, and will be construed in accordance with, the laws of the State of California, and the forum and venue for any dispute shall be Los Angeles, California. If any controversy or claim arising out of or relating to the Official Rules, or the breach of any term hereof, cannot be otherwise resolved between the parties, it shall be resolved by binding arbitration conducted in Los Angeles County, and administered by Judicial Arbitration and Mediation Services, Inc. ("JAMS") under its applicable rules.
13. How to Get More Information. To obtain the names of the Winners and/or questions regarding the Scavenger Hunt, visit support at gishwhes.com or send a self-addressed, stamped envelope to: "Misha Collins" 1920 Hillhurst Ave, Ste 170, Los Angeles CA 90027. Winner list requests will only be accepted after the Scavenger Hunt’s end date and requests for Winner lists must be received no later than thirty (30) days after such end date.