Seattle Art and Seek Waymarking Challenge

Official Rules

1. ELIGIBILITY: The Seattle Art and Seek Waymarking Challenge ("Contest" or "Promotion") is offered in and open only to legal residents of the 48 contiguous United States and District of Columbia ("U.S") age 18 and older. Employees, officers, and directors of Groundspeak Inc. ("Sponsor"), The Seattle Mayor’s office of Arts and Cultural Affairs, and each of their respective parents, affiliates and subsidiaries, advertising, promotion and fulfillment agencies, web masters and web suppliers, and the immediate family members (spouse, parents, siblings and children and their spouses and in-laws) and persons living in the same household of such individuals are not eligible. Void where prohibited.

2. OVERVIEW OF CONTEST: The Seattle Art and Seek Waymarking Challenge is a competition in which participants search for works of art within the City of Seattle, as designated by the Sponsor. Each week during the contest period, Sponsor will release clues, including an official name and general location of various works of art located within the City of Seattle. Participants will be required to locate any of the works of art, obtain the latitude and longitude of each found work of art using a global positioning system receiver, and submit the coordinates, a photograph of a GPS unit at the location, and a detailed description of the work of art as a waymark listing in the Seattle Art and Seek waymark category on waymarking.com. At the end of each week during the contest period, the waymark listings submitted during the prior week will be reviewed by Sponsor. The best waymark listing for each of the designated works of art will be chosen by sponsor, in its sole discretion, and published as an official waymark listing on waymarking.com. The participant who submitted the chosen waymark listing will win one of 300 Groundspeak Trackable Waymarking Bounty Geocoins (limit 10 per participant throughout the Contest period).

3. CONTEST PERIOD: Contest begins on July 14, 2008 at 12:00:01 a.m. Pacific Time (PT) and ends on August 24, 2007 at 11:59:59 p.m. (PT). The Contest Data Base is the official time keeping device for the Contest. The first group of art location clues will be published on www.waymarking.com/categories/seattle_art_and_seek on July 14, 2008 at 12:00:01 a.m. (PT) and they will be removed as of July 20, 2008 at 12:00:00 a.m. (PT). The second group of art location clues will be published on www.waymarking.com/categories/seattle_art_and_seek on July 21, 2008 at 12:00:01 a.m. (PT) and they will be removed as of July 28, 2008 at 12:00:00 a.m. (PT). The third group of art location clues will be published on www.waymarking.com/categories/seattle_art_and_seek on July 28, 2008 at 12:00:01 a.m. (PT) and they will be removed as of August 4, 2008 at 12:00:00 a.m. (PT). The fourth group of art location clues will be published on www.waymarking.com/categories/seattle_art_and_seek on August 4, 2008 at 12:00:01 a.m. (PT) and they will be removed as of August 11, 2008 at 12:00:00 a.m. (PT).The fifth group of art location clues will be published on www.waymarking.com/categories/seattle_art_and_seek on August 11, 2008 at 12:00:01 a.m. (PT) and they will be removed as of August 18, 2008 at 12:00:00 a.m. (PT).The sixth group of art location clues will be published on www.waymarking.com/categories/seattle_art_and_seek on August 18, 2008 at 12:00:01 a.m. (PT) and they will be removed as of August 24, 2007 at 11:59:59 p.m. (PT).

4. TO PARTICIPATE AND SUBMIT ENTRIES: First Register: To participate, you must have or create an account on waymarking.com. If you do not have an account, follow the directions on the waymarking.com web site to create one. This account may only be used by the account creator.

To Enter the Contest:
1. You must properly identify the location of one or more of the designated works of art by following the instructions on waymarking.com.
2. You must physically visit the location of the designated work(s) of art.
3. You must use a GPS receiver to determine, as accurately as possible, the latitude and longitude for the work(s) of art.
4. You must take and submit a photograph of a GPS unit at the location of the designated work of art to verify your physical presence there.
5. You must visit waymarking.com and submit a waymark listing, the official name, coordinates and description for each work of art in the Seattle Art and Seek waymark category.
6. Once waymark listings(s) are submitted, received and recorded by the Contest Data Base they will be reviewed by Sponsor in accordance with these contest rules and, if selected as the best waymark listing for that particular work of art, the waymark listing will be published on waymarking.com and the person submitting each published waymark listing will be declared a prize winner.

About Entries: When your entry is received and recorded by the Contest Data Base you will receive one entry into the Contest. No other form of participation is valid; no mail-in entries will be accepted. Limit one entry per waymark per person/email address/log-on/user name/password/waymarking.com account. All entries become the exclusive property of Sponsor, and will not be acknowledged or returned. Any entry which Sponsor, in its sole opinion, deems to be inappropriate for publication will not be considered. Entries may not contain the trademark, trade name, logo, or copyrighted material, of any person or entity.

Use of Photos: By submitting photos to waymarking.com, entrant (and entrant’s parent/legal guardian, if participant is a minor) grants a license to post his/her entry photo (or any part thereof) and/or use his/her name on the web site, waymarking.com or any other web site related to the Contest, at any time or times, as is consistent with the Official Rules, and entrants shall have no right of notice, review or approval of any such use of the entry photo and/or entrant’s name, and acknowledges and agrees that the entry photo (or any part thereof) and/or his/her name may be used in whole or in part, alone or in combination with other works, and that the entry photo may be changed, altered, edited or modified, used in distorted, illusory or composite form, or in any other manner, as solely determined by Sponsor. Further, entrant (and participant’s parent/legal guardian, if participant is a minor) warrants and represents that entrant has received all rights, releases and permissions which may be necessary from any person depicted, described or identified in the entry photo, and/or the photographer of the entry photograph to grant this license for the use stated.
By entering, each entrant warrants that entrant’s entry:
(i) is the sole, exclusive, and original creation of the entrant and has not been copied in whole or in part from any other work; and,
(ii) does not violate or infringe any copyright, trademark/trade name, logo, or intellectual property right, other proprietary right of any person (including but not limited to rights of privacy or publicity or portrayal in a false light), or entity; and,
(iii) is the sole and exclusive property of the entrant; and,
(iv) has not been published, or submitted in any other competition; and,
(v) is truthful in all respects, and accurately depicts and describes the facts.

Posting: By submitting an entry, entrant gives permission to Sponsor to post his/her entry on the Internet in accordance with the requirements of this Contest. Selected photos for each particular waymark will be included in the waymark listing posted at waymarking.com.

5. INITIAL JUDGING PERIOD JUDGING: During the contest period, Sponsor will review all eligible entries once per week following the removal of the art location clues for those particular entries. All eligible entries for each Initial Judging Period will be judged by a panel of judges composed of five judges from Sponsor (or its designee) Groundspeak, Inc. Judging criteria will include coordinate accuracy, information quality, information clarity, and informative value of the submitted waymark information.

6. PRIZES: 300 First Prizes (1 per published waymark listing): a Groundspeak Trackable Waymarking Bounty Geocoin. Estimated Value $10. For All Prizes: All taxes on a prize and expenses not stated related to acceptance and use of a prize are solely the responsibility of the winner. If winner cannot accept prize as stated prize will be forfeited in its entirety and awarded to an alternate winner. Any difference between the stated and actual value of prize will not be awarded. No substitution, cash redemption or transfer of prize, but Sponsor reserves right to substitute prize with prize of equal or greater value if advertised prize becomes unavailable. Limit ten (10) First Prizes per participant for the entire Contest.

7. GENERAL CONDITIONS: By participating, Participants agree (a) to these Official Rules and the decisions of Sponsor and judges, which decisions shall be final; (b) that Groundspeak Inc., the Seattle Mayor’s office of Arts and Cultural Affairs, their respective parents, subsidiaries and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents (individually and collectively "Releasees") are released, will have no liability whatsoever for, and shall be held harmless by participants against any liability for any injuries, losses or damages of any kind to person(s), including death, or property, or intellectual property, or rights of publicity or privacy, defamation, or portrayal in a false light, resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the prize or participation in this Contest and (c) winners, by acceptance of prize, except where legally prohibited, grant permission for Sponsor (and agree to confirm such permission in writing) and those acting pursuant to Sponsor’s authority to use, in perpetuity, his/her name, picture, voice and/or likeness, biographical information and statements and prize information, and entry photo(s) (and notwithstanding anything to the contrary in these Official Rules license the use of the entry to Sponsor, which may be altered, changed, modified, edited, used alone, together or with other works, and/or used in distorted, illusory or composite form, as solely determined by Sponsor) for advertising, trade and promotional purposes without further compensation, at any times or time, in all media now known or hereafter discovered world wide, and on the Internet, without notice or review or approval. Participants acknowledge that no representation or warranty, written or oral, express or implied, in law or in fact is made for any prize except only that which may be made for that prize in the limited written warranty, if any, provided with that prize by the manufacturer of that prize. Each winning entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then each winner (and each winner’s parent/legal guardian, if winner is a minor) irrevocably sells, assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her entry, including but not limited to all copyright and trademark rights, in the United States and worldwide, therein, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Winners hereby waive in favor of Sponsor, all rights of "Droit Moral" or "Moral Rights" or any similar rights or principles of law that winners may now or later have in the entry. Upon request of Sponsor, winner (and each winner’s parent/legal guardian if winner is a minor) shall execute and deliver such additional instrument of sale, transfer and assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the entry and of the copyrights transferred hereunder, and the waiver of all rights of "Droit Moral" or "Moral Rights" or any similar rights or principles of law; and to record and perfect same. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the transfer and/or assignment.

8. LIABILITY LIMITATIONS: Releasees are not responsible for lost, late, misdirected, incomplete, or non-delivered entries or email; or for interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), web site, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of entry or other information or the failure to capture, or loss of, any such information. Persons who tamper with or abuse any aspect of this Contest, as solely determined by the Sponsor, will be disqualified. Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods, and disqualify any entrant using such methods. Releasees are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Contest or downloading materials from or use of the web site. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to cancel or terminate the Contest, and select the winners from entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor; and notice thereof will be posted on the web site. Releasees are not responsible for any incorrect or inaccurate information however caused. In case of dispute, the authorized subscriber of the email account used to enter the Contest at the actual time of entry will be deemed to be the participant who must comply with these Official Rules.

IN NO EVENT WILL RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEB SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID WEB SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

9. PRIVACY: The entry information provided is subject to the Privacy Policy on http://www.waymarking.com. To read that Policy, access the web site and then access the Privacy Policy.

10. DISPUTE RESOLUTION/ARBITRATION/CHOICE OF LAW: Except where prohibited, entrants (and each entrant’s parent/legal guardian if entrant is a minor) agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this promotion, or any prize awarded, or the determination of the winners, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective, and (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this promotion but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim 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 these Official Rules, or the rights and obligations of entrant and/or Sponsor in connection with the promotion, shall be governed by, and construed in accordance with the laws of the State of Washington, without regard for the conflicts of law doctrine of that State or any other jurisdiction, and all proceedings shall take place in King County, State of Washington.

11. WINNERS LIST: For the names of the winners, mail a self-addressed first class stamped envelope to: Seattle Art and Seek Waymarking Challenge -Winners, c/o Groundspeak Inc., 2127 5th Avenue, Seattle, WA 98121.

SPONSOR: Groundspeak Inc. 2127 5th Ave, Seattle WA 98121. Waymarking is a trademark of Groundspeak Inc.