National Parks Conservation

Request for Submissions

Terms and Conditions

National Parks Conservation Association (“NPCA”) and Limestone Branch Distillery (“Limestone” and together with NPCA, “Sponsor”) are co-sponsoring this Request for Submissions. Users (“Submitters”) are invited to submit their most interesting and creative recipe ideas for NPCA’s Centennial Celebration Cocktail (individually, a “Submission”, together, “Submissions”) through the website for npca.org/recipe. Submitters whose Submissions are chosen will receive a grant as set forth in the Submission terms and conditions below.

1. Dates.

Submissions will be accepted effective immediately and must be received by 12:00:00 AM (midnight) Pacific Standard Time on May 31, 2019.

2. Sponsor.

The Request for Submissions is co-sponsored by National Parks Conservation Association, 777 6th St., NW, Suite 700, Washington, DC 20001 and Limestone Branch Distillery, 1280 Veterans Memorial Hwy, Lebanon, KY 40033 (each, a “Sponsor,” and together, the “Sponsors.”)

3. Eligibility.

Any legal United States resident who is at least 21 years old may submit their Submission for consideration except for employees, officers, directors, agents, consultants, attorneys, vendors, suppliers of either Sponsor, or their parents, subsidiaries, affiliates, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers, web masters, (collectively, the “Sponsor Entities”) and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household. Sponsors reserve the right to verify eligibility. The Request for Submissions is void where prohibited by law and outside the United States.

4. How to submit.

Submitters can go to npca.org/recipe and follow the instructions provided there to submit their Submission. Submissions not following the required format or exceeding size limits or Submissions sent to any other address or location will be disqualified and will not be considered. You must provide all information required on the provided Submission form to be considered, including without limitation first and last name and email address. Participants may submit more than one Submission, however, each Submission must be separate. Submissions will not be returned. No purchase is necessary to participate.

Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Incomplete, illegible, corrupted, or untimely Submissions are void and will be not be considered. Multiple submitters are not permitted to share the same email address. In the event of a dispute as to the identity of a submitter, the authorized account holder of the email address used to enter will be deemed to be the submitter or participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. You may be required to show proof of being the authorized account holder. Submissions specifying an invalid, non-working, or inactive email address will be disqualified.

5. Content requirements.

Any Submission must not contain any obscene, explicit sexual material, nudity, profanity, commercial solicitations or commercial promotion. Submissions also must not contain content or images that could be considered abusive, inflammatory, denigrating, and disrespectful to groups, individuals or institutions. Submitter warrants and represents that his/her Submission is his/her original work, that it has not been previously published in any manner, that it has not been offered to any third party, that it does not infringe upon the copyrights, trademarks, rights of publicity or privacy, or any other intellectual rights of any person or entity, and that Submitter is not relying on the “fair use” doctrine in lieu of consents.

Any Submissions submitted that exceed the size limits, or are not in one of the accepted formats, as applicable, will be disqualified.

6. Indemnity.

Submitter agrees to indemnify Sponsor from any and all damages, costs and expenses (including reasonable attorney’s fees) incurred as a result of and of any third party claim that the Submission violates the rights of a third party.

7. Option Period.

For a period of seven months from the submission date Sponsor will have the exclusive right to the Submission (the “Option Period”). During this Option Period, Submitter agrees not to publish, release, license, sell, publicly display, circulate the Submission or in any other way exploit the Submission nor transmit it or share it with any third party.

8. Ownership.

Submitter shall retain the copyright in this Submission, subject to the rights granted to Sponsor during the Option Period. If the Submission is accepted for use by Sponsor, Submitter hereby irrevocably, in perpetuity assigns any and all rights to the Submission to Sponsor including all copyrights. At the time Submitter is notified that their Submission has been accepted they shall execute such documents as requested of them by Sponsor to effect/confirm the assignment.

9. Criteria.

All Submissions will be reviewed by Sponsor to make certain the content falls within the parameters under the Submission Requirements. If a Submission meets the requirements, it will be reviewed by a panel of 4 judges (two associated with National Parks Conservation Association and two associated with Luxco, the parent company of Limestone Branch Distillery), who will select a group of up to 10 finalists by scoring all eligible Submissions on a 100 point scale based on the following criterion: creativity (30 points); originality (30 points); taste and use of ingredients (40 points). The up to 10 submissions with the highest point scores will be selected as finalists, and Steve Beam, founder of Limestone Branch Distillery, shall taste test the finalists’ submissions on behalf of Sponsor, and determine which Submission(s) to accept. Sponsor may choose more than one submission for use. All decisions are in Sponsor’s sole and absolute discretion. Only those Submitters whose Submissions are chosen will be contacted within the Option Period by Sponsor. If a Submitter does not hear from Sponsor within seven months after he/she has submitted a Submission, he/she can assume that the Submission was not chosen and all rights in the Submission revert back to Submitter.

10. Credit.

Selected Submitters shall receive appropriate (as determined by Sponsor) credit for their contribution. The credit shall read,”[First Name Last Initial] from [City/State] submitted the [recipe name]." Selected Submitters grant to Sponsor the right to use their name and likeness in relation to the Submission, the promotion of Submission and/or NPCA’s Centennial events or Sponsor and/or its affiliate companies. No additional consideration shall be paid for credit or promotional uses of the Selected Submitters’ name or likeness. The manner in which the Selected Submitters' name and likeness will be used shall be in the sole discretion and determination by Sponsor. Sponsor is not obligated to use the Selected Submitters’ name or likeness in any promotional activities. Submitter will execute such written documents as requested by Sponsor to confirm the use of Selected Submitters’ name and likeness and cooperate in obtaining appropriate photographs of Selected Submitters. Failure to execute such document shall disqualify Submitters from having their Submission selected and used.

11. Consideration.

In the event that Submitters’ Submission[s] is/are selected and their recipe[s] is/are commercially exploited by Sponsor, then in that event Sponsor shall provide the Submitter a one-year membership to NPCA (value of $25). Said grant shall be the total consideration paid to submitter for the assignment of the copyright in the Submission and any and all uses of the Submission and the use of Selected Submitters’ name or likeness in any manner by Sponsor. Selected Submitters shall be responsible for the payment of any and all federal, state and local taxes in regard to the award of the grant.

12. Number of Submissions selected/no selection.

While there is no limit to the number of Submissions that Sponsor may select for future use, Sponsor may determine at its option that no Submissions satisfy its criteria and standards. This is not a contest and there are no prizes to be awarded; Sponsor is requesting Submissions of the best ideas that its users have and may decide to include one (or more) of those ideas as part of NPCA’s Centennial celebrations.

13. GENERAL CONDITIONS; LIMITATIONS OF LIABILITY AND RELEASES:

WARNING: ANY ATTEMPT BY A SUBMITTER OR ANY OTHER INDIVIDUAL TO DELIBERATELY TAMPER WITH OR DAMAGE ANY WEBSITE ASSOCIATED WITH THIS REQUEST FOR SUBMISSIONS OR UNDERMINE ITS LEGITIMATE OPERATION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the submission process and/or the website, and/or their legitimate operation; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. Sponsor and its agents are not responsible for (1) any incorrect or inaccurate information, whether caused by submitters, errors or by any of the equipment or programming associated with or utilized in the Request for Submissions; (2) lost, late, incomplete, damaged, stolen, misdirected, or illegible Submissions; (3) lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user's computer equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise; (3) unauthorized human intervention in any part of the submission process; (4) technical or human error which may occur in the administration of the Request for Submissions or the processing of Submissions; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Submitter's participation in the Request for Submissions. If, for any reason, the Request for Submissions is not capable of running as planned, Sponsor may, in its sole discretion, (a) modify the Request for Submissions or suspend the Request for Submissions to address the impairment and then resume in a manner that best conforms to the spirit of these Terms and Conditions; and/or (b) terminate the Request for Submissions. Sponsor’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.

BY MAKING A SUBMISSION, SUBMITTER AGREES THAT SPONSOR AND ITS AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY SUBMITTERS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM PARTICIPATION IN THE REQUEST FOR SUBMISSIONS OR IN ANY RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THE REQUEST FOR SUBMISSIONS IS TERMINATED OR THE TERMS AND CONDITIONS CANNOT BE FULFILLED DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THIS PROMOTION, SUBMITTER AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.

14. Nature of relationship/waiver of equitable relief.

Each Submitter understands and acknowledges that Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Submitter also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each Submitter acknowledges and agrees that such Submitter will not be entitled to any compensation as a result of Sponsor's use of any such similar or identical material. Each Submitter acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each Submitter acknowledges that, with respect to any claim by Submitter relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Request for Submissions, the damage, if any, thereby caused to the applicable Submitter will not be irreparable or otherwise sufficient to entitle such Submitter to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any material based on or allegedly based on the Submission, and the Submitter's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

15. Choice of Law and forum.

Except where prohibited, this Agreement is governed by the laws of the District of Columbia and Submitter agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Request for Submissions shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Columbia or the appropriate State Court located in the District of Columbia; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with submission, but in no event attorneys’ fees; and (3) under no circumstances will submitter be permitted to obtain awards for, and submitter hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of this agreement between Sponsor and Submitter, or the rights and obligations of the submitter and Sponsor in connection with the Request for Submissions, shall be governed by, and construed in accordance with, the laws of the District of Columbia, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the District of Columbia.

16. Agreement.

In order to submit your recipe you must first agree to these terms and conditions and you must confirm your agreement to these terms and conditions by clicking the appropriate box on the submission form and completing the form with your name.