Graduate Cap Contest Terms & Conditions
Participation in the NATIONAL UNIVERSITY GRADUATE CAP CONTEST (the “Contest”) constitutes your agreement to be bound by these Official Rules (“Official Rules”).
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR TO WIN THE CONTEST. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR LIKELIHOOD OF WINNING.
ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. PARTICIPATION IN THE CONTEST IS VOID WHERE PROHIBITED.
- Sponsor & Administrator: National University is the sponsor (“Sponsor”) of the Contest. National University’s address is 9388 Lightwave Avenue, San Diego CA 92123. National University may sometimes be referred to herein as the “Contest Entity.” This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram or its parents or affiliates.
- SPONSOR’S USE OF ENTRY: SUBMITTING AN “ENTRY” (AS DEFINED IN SECTION 5 BELOW) CONSTITUTES ENTRANT’S CONSENT TO GIVE CONTEST ENTITIES A ROYALTY-FREE, IRREVOCABLE, PERPETUAL, NON-EXCLUSIVE LICENSE TO USE, REPRODUCE, ALTER, COMPOSITE, MORPH, SCAN, MODIFY, PUBLISH, PUBLICLY PERFORM, STREAM, EXPLOIT, CREATE DERIVATIVE WORKS, FROM, AND DISPLAY OR OTHERWISE USE SUCH SUBMISSIONS IN WHOLE OR IN PART, IN PERPETUITY, ON A WORLDWIDE BASIS, AND TO INCORPORATE IT INTO OTHER WORKS, IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED, INCLUDING FOR PROMOTIONAL OR MARKETING PURPOSES OR TO AUTHORIZE ITS AGENCIES AND OTHER PARTNERS TO DO ANY OF THE FOREGOING ON ITS BEHALF WITHOUT FURTHER NOTICE TO, CONSENT BY, OR PAYMENT TO ENTRANT. EACH ENTRANT IRREVOCABLY WAIVES ANY AND ALL SO-CALLED MORAL RIGHTS THEY MAY HAVE THEREIN. SPONSOR SHALL HAVE THE RIGHT TO FREELY ASSIGN ITS RIGHTS HEREUNDER, IN WHOLE OR IN PART, TO ANY PERSON OR ENTITY. SPONSOR SHALL RETAIN THE RIGHTS GRANTED IN EACH ENTRY EVEN IF THE ENTRY IS DISQUALIFIED OR FAILS TO MEET THE SUBMISSION REQUIREMENTS. IF REQUESTED, ENTRANT WILL SIGN ANY DOCUMENTATION THAT MAY BE REQUIRED FOR SPONSOR OR ITS DESIGNEES TO MAKE USE OF THE NON-EXCLUSIVE RIGHTS ENTRANT IS GRANTING TO USE THE SUBMISSION
- Eligibility: The Contest is open to legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older at the time of entry. Employees, officers and trustees of Sponsor or any of its affiliates, and each of the foregoing’s immediate family members and household members are not eligible to participate in the Contest. No individual who has won a promotion sponsored by the Contest Entity in the past sixty (60) days is eligible. Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and to the Contest Entities’ decisions, which are final and binding in all matters related to the Contest. The Contest Entities reserve the right to verify the eligibility of any person during and after the Contest Period.
- Contest Period: The Contest begins at 9a.m. PDT Pacific Time on May 5, 2022, and ends at 9 a.m. PDT Pacific Time on May 15, 2022 (the “Contest Period”).
- How to Enter: To qualify for entry, you must have a Instagram account and valid email account. To enter the Contest, you must complete all of the following actions during the Contest Period: (1) Post a photo of your decorated grad cap, (2) Tag @nationaluniversity in the post (3) Use #NUGradCap2022 in the post.
By submitting your Entry, you agree that it conforms to the guidelines, permissions, and content restrictions below and that NU, in its sole discretion may disqualify you if it believes that it fails to conform. Important: If you are participating in this Contest via a mobile device, message and data rates may apply. You should consult your wireless service provider regarding its pricing plans. Participation may not be available on all mobile devices, as not all mobile devices or cellular telephone providers have the capabilities or carry the service necessary to participate in this method of entry.
- Entry Guidelines and Permissions: You must have permission from any recognizable individuals who appear in the Entry to use their names and likenesses in the Entry and to grant the rights set forth herein. An Entry may not include images/videos of or reference to any person under the age of 18. If requested, entrant must be able to provide such permissions or proof in a form acceptable to the Contest Entities.
Entry Content Restrictions:
- Your Entry must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- Your Entry must not contain images or video of children (unless you obtain a signed parental consent);
- Your Entry must not contain advertisements, personal or commercial solicitations, highly sensitive religious or political agendas of whatever kind or nature;
- Your Entry must not contain profanity;
- Your Entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;
- Your Entry may not depict unethical, destructive, illegal or harmful (including self-harm) activities or behavior, cruelty (including but not limited to animals), violence, sex, drug, tobacco, firearms/weapons (or the use of any of the foregoing), gambling, or any unsafe, dangerous or age-inappropriate behavior or activities;
- Your Entry must not contain material that is dangerous, inappropriate, offensive, indecent, obscene, tortious, defamatory, slanderous or libelous;
- Your Entry must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any state where the Entry is created;
- Your Entry may not contain unsubstantiated claims, or that disparages or portrays in a false light Sponsor or Administrator or any of their respective employees, directors, affiliates products and/or brands, or those of any other person or entity;
- Your Entry may not contain any malware, viruses, trojans, worms, spyware or any other harmful software or code (“malware”) or other malicious devices, nor will otherwise link to or expose Sponsor or other Contest Entities to any such malware or devices.
- Limitations on Entry: Limit one (1) entry per person during the Contest Period. Any Entry received from any person in excess of the stated limit will be void. An Entry generated by script, macro or other automated means are void. Multiple entrants are not permitted to share the same e-mail account. Any attempt by any entrant to obtain more than one (1) entry by using multiple/different e-mail accounts, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. In the event of a dispute as to any registration, the authorized account holder of the e-mail account used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization. Each potential winner may be required to show proof of being an authorized account holder. Released Parties (as defined in Section 12 below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed, or misdirected Submissions or failure to receive Submissions due to limitations of third-party platforms; all of which will be void.
- Prizes: After the close of the Contest Period,  Contest Prize Winners will be selected to receive: $50 NU Store Voucher Code (approximate retail value: $50.00).
No substitution, cash equivalent, or transfer of prize permitted except at the sole discretion of the Sponsor, who reserves the right to substitute the prize (or portion thereof) with one of equal or greater value, except as otherwise set forth herein. All prizes awarded are subject to the restrictions and limitations noted in these Official Rules, on the prizes and/or included with the prizes and the winner must abide by all such limitations and restrictions. Winners agree to accept their prize “as is.” The Contest Entities have the right to resolve any concerns, questions, or complaints related to the prizes in its sole discretion. Each winner is solely responsible for any and all federal, state and/or local taxes, fees, and any other costs in connection with receipt of a prize. THE CONTEST ENTITIES WILL NOT BE HELD LIABLE FOR ANY WARRANTY, COSTS, DAMAGE, INJURY, OR ANY OTHER CLAIMS INCURRED AS A RESULT OF USE OF A PRIZE ONCE POSSESSION HAS BEEN TAKEN OF THE PRIZE BY THE WINNER.
- Selection of Winners; Odds of Winning: 1 Contest Prize Winners will be selected from all eligible entries received at the conclusion of the Contest Period. Odds of winning the prize depend on the number of eligible entries received. Contest Prize Winner will be selected by a judging panel comprised of representatives of the Contest Entity, whose decisions are final and binding in all matters relating to this Contest. Winning Entries will be selected based on the following judging criteria (“Judging Criteria”):
- Diversity of the Entry: evaluation will ensure Contest Prize Winners represent diverse viewpoints and backgrounds; and
- Creativity of the Entry: including but not limited to the overall creativity of the photo submission.
Except where prohibited, acceptance of prize constitutes consent of the entrant to use of their name, likeness and biographical data for advertising and promotional purposes without compensation. The Contest Entities’ decisions are final and binding on all matters related to the Contest. Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the promotion without notice or further obligation.
PLEASE NOTE THAT EVEN IF YOUR ENTRY QUALIFIES YOU AS A POTENTIAL WINNER AT THE CLOSE OF THE CONTEST, YOU HAVE NOT YET WON A PRIZE. POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY THE CONTEST ENTITIES, AND MUST MEET ALL ELIGIBILITY REQUIREMENTS BEFORE AN ENTRANT WILL BE CONFIRMED AS A WINNER AND A PRIZE WILL BE AWARDED.
- Notification: The winner will be notified via Instagram direct message and/or e-mail no later than May 17, 2022. If, despite the Contest Entities’ reasonable efforts, the winner does not respond within five (5) days of the first notification attempt, or if a notification is returned as unclaimed or undeliverable to any winner, such winner will forfeit his or her prize and an alternate winner may be selected. The winner must comply with all instructions in the prize notification letter within five (5) days of the date on the prize notification letter; otherwise prize will be forfeited and an alternate winner will be selected.
Winners may be required to complete, sign and return within three (3) business days of date of transmission an Affidavit of Eligibility, Liability Release and Indemnification, a Publicity Release where allowed by law, as well as other documents that Sponsor may require. If applicable, an IRS Form 1099 reporting the value of prizes as earned income will be issued to winner(s). Prizes won by winners who are minors will be awarded to the parent or legal guardian, who must sign all required affidavits and releases. If required documents are not returned on a timely basis, or if any notification or prize is returned as non-deliverable, or if winner is found to be ineligible or not in compliance with these Official Rules, the prize may be forfeited and an alternate winner may be selected.
- Releases: By entering the Contest, each entrant agrees to release, discharge, defend and hold harmless the Contest Entities, and each of their respective subsidiaries, affiliates, successors and assigns, and each of their respective directors, trustees, officers, employees, agents, and representatives (the “Released Parties”), from and against any and all claims, demands, expenses, losses or liabilities including but not limited to reasonable attorney’s fees and punitive damages that may be asserted against or incurred by any of the Released Parties at any time in connection with entrant’s participation in the Contest, any Contest-related activity and/or entrant’s acceptance, use or misuse of any prize, including any element thereof. By entering the Contest, entrant grants the Contest Entities a perpetual, worldwide, royalty-free license to use entrant’s name, picture, character, likeness, and voice for trade, advertising, promotional, or any other purpose in any media now or hereafter known, and entrants waive any and all claims and/or rights to receive any royalties or other compensation for Sponsor or Administrator’s use thereof, unless prohibited by law.
- Limitation of Liability: By participating in the Contest, entrants agree that the Released Parties shall have no liability for any liability, loss, injury or damage, including, without limitation, personal injury, death or damage to personal or real property, to entrant or any other person or entity due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of prize or participation in this Contest. BY ENTERING THE CONTEST EACH ENTRANT AGREES TO RELEASE, HOLD HARMLESS AND INDEMNIFY THE RELEASED PARTIES, AND THEIR RESPECTIVE PARENTS, DIVISIONS, SUBSIDIARIES, AFFILIATES, ADVERTISING, PROMOTION, AND PUBLIC RELATIONS AGENCIES, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH FOR ANY LIABILITY WHATSOEVER FOR INJURIES, LOSSES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE ACCEPTANCE, POSSESSION, USE OR MISUSE OR AWARDING OF THE PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY PRIZE- OR PROMOTION-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY.
- General Conditions: The Contest Entities are not responsible for and are not liable for: (i) misdirected or delayed mail or e-mail; (ii) telephone, telecommunications, internet, hardware or third party software malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the Sponsor’s control that may cause the Contest to be disrupted, corrupted or terminated; (iv) any injuries, losses, or damages of any kind arising in connection with or as a result of participating in the Contest or use of the prize; or (iv) any printing or typographical errors in any materials associated with the Contest. The Contest Entities reserve the right to disqualify, in their sole discretion, any person tampering with the entry process, the operation of the systems required to conduct the Contest or operate the Contest Entities’ web sites, or who is otherwise in violation of these Official Rules. All decisions of the Contest Entities are final. This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram or any other third parties.
- Nature of Relationship/Waiver of Equitable Relief: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Contest Entity is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Entry to Sponsor for purposes of the Contest does not place the Contest Entity in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Entry. Each entrant understands and acknowledges that the Contest Entity has wide access to ideas, stories, photographs, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas or other materials may be competitive with, similar or identical to the Entry and/or each other in theme, idea, format, or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Contest Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Contest Entity 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 Entry.
- No Obligation to Use: Sponsor shall have no obligation (express or implied) to use any Entry or any materials or content created by the entrant (the “Materials” ), or to otherwise exploit any Entry or Materials or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Entry or Materials for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
- Force Majeure: In the event an insufficient number of eligible entries are received or Sponsor is prevented from awarding prize(s) or continuing with the Contest as contemplated herein by any event beyond its control, including, without limitation, fire, flood, natural or man-made epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated for Force Majeure before the end of the promotion period, Sponsor will (if possible) select winners from all eligible, non-suspect entries received as of the date of the event giving rise to the termination.
- Disputes: Any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the courts located in San Diego County in the State of California, and subject to the laws of the State of California. Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California.
- Severability: The invalidity or unenforceability of any provision of these Contest Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Contest Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
- Arbitration: By participating in this Contest, entrant agrees that any and all disputes entrant may have with, or claims entrant may have against the Promotion Entities relating to, arising out of or connected in any way with (a) the Contest, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate (a “Claim”), will be resolved exclusively by final and binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision shall be controlled by the terms and conditions of these Contest Rules. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it will not be disclosed beyond the arbitration proceedings, except as may be required by applicable law.
If entrant demonstrates that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude entrant from seeking action by federal, state, or local government agencies. Entrant and Sponsor also have the right to bring qualifying claims in small claims court. In addition, entrant and Sponsor retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Contest Rules, nor a waiver of the right to have disputes submitted to arbitration as provided in these Contest Rules.
Neither entrant nor Sponsor may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only entrant and/or Sponsor’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT ENTRANT OR SPONSOR WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section will continue in full force and effect. This Section of these Contest Rules will survive the termination of your relationship with Sponsor.
- Winners List: To obtain a written identification of the winners, please send your request and a self-addressed stamped envelope to: NATIONAL UNIVERSITY GRADUATE CAP CONTEST, National University, c/o The Agency, 9388 Lightwave Ave, San Diego CA, 92123. Requests must be received by May 31, 2022.