THE MASON NECK STATE PARK OUTDOOR CHALLENGE OFFICIAL RULES: NO PURCHASE NECESSARY TO ENTER
The Outdoor Challenge – powered by Pocket Ranger® (the “Challenge”) starts at 12:00 a.m. Pacific Daylight Time (“PDT”) on July 11, 2016 and ends at 11:59:59 p.m. PDT on September 11, 2016. The Challenge is sponsored by ParksByNature Network, LLC, 1431 Broadway, 12th Floor, New York, New York 10018 (“Sponsor”). ELIGIBILITY: The Challenge is open to legal residents of the United States who are 18 years of age or older at the time of entry. Sponsor, and Sponsor’s affiliates, advertising and promotion agencies, third party partners, and all of their respective officers, directors, employees, representatives and agents, members of the immediate families (parent, child, sibling and spouse) and persons living in the same household of each, are not eligible to enter. The Challenge is subject to all applicable federal, state and local laws and regulations. The Challenge is void where prohibited or restricted by law. OBJECTIVE: The objective of the Challenge is to visit all locations in the “Mason Neck State Park Outdoor Challenge”, or as many as possible in order to collect points. Overall points and profile ranking can be viewed on www.pocketrangerexchange.com. HOW TO ENTER: To enter the Challenge, participants must: (i) download the Official Virginia State Parks Pocket Ranger® Mobile App (the “App”) to a compatible smartphone device; (ii) register by following the on-screen instructions; (iii) in the “Home” screen or “GPS Map” section of the app, tap on the “GPS Tours” icon; (iv) press the “GPS Tours” button on the menu screen to get to the tab for the “Outdoor Challenge”; (v) register and begin the challenge by selecting “Start” on the main description page for the challenge; (vi) select any of the individual locations listed to access their descriptions and press “View Map” to begin navigating to the selected area. No purchase necessary to enter. RELEASES AND GENERAL CONDITIONS: By participating, participants agree (a) to these Official Rules and the decisions of Sponsor, which decisions shall be final; and (b) that Sponsor and Virginia State Parks and any promotional partners, their parent companies, 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 participation in the Challenge. LIABILITY LIMITATIONS: Sponsors are not responsible for: interrupted or unavailable satellite, network, server, Internet Service Provider, web site, telephone, or other connections, availability or accessibility; or for miscommunications, or failed satellite, network, computer, telephone or cable transmissions or lines; or for technical failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions; or for malfunctions, failures, or technical errors or difficulties associated with global positioning system devices, Smartphone devices, or computers, or for other errors of any kind whether human, mechanical, electronic or network; or for the incorrect or inaccurate capture of entry information or the failure to capture, or loss of, any such entry information. Sponsors are not responsible for injury or damage to participants’ or to any other person’s global positioning system devices, Smartphone devices, or computers, related to or resulting from participating in this Challenge or downloading materials from or use of the web site. Should any portion of the Challenge be, in Sponsors’ sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or other causes which, in the sole opinion of the Sponsors, corrupt or impair the administration, security, or fairness of the Challenge, Sponsors reserve the right, at their sole discretion, to cancel or terminate the Challenge; notice thereof will be posted on the web site. Releasees are not responsible for incorrect or inaccurate information however caused. In case of dispute, the authorized subscriber of the email account used to enter the Challenge at the actual time of entry will be deemed to be the participant who must comply with these Official Rules. All Challenge participants agree that he/she will be solely responsible for any loss or damage, including, but not limited to, death or physical injury, that he/she may sustain while participating in the Challenge, and that by participating in the Challenge, he/she agrees to release, discharge, indemnify and hold harmless ParksByNature Network, LLC and their parent companies, subsidiaries and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, representatives, agents, sponsors, and volunteers, of any and all liability for such loss, damage or death arising from or in connection with participation in and/or for entry in this Challenge, and any related activities. PRIVACY: Sponsors will be collecting personal information about participants through entry forms in accordance with its privacy polices. Please review the Sponsors’ Privacy Policies at www.pocketrangerexchange.com. By participating in the Challenge, participants agree to Sponsors’ collection and usage of their personal information, including but not limited to participants’ email addresses, and acknowledge that they have read and accepted Sponsors’ privacy policies. DISPUTE RESOLUTION/CHOICE OF LAW: Except where prohibited, entrants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Challenge shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Challenge, but in no event attorneys’ fees; and (c) under no circumstances will entrants be permitted to obtain awards for, and entrants hereby waive 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 entrants and/or Sponsors in connection with the Challenge, shall be governed by, and construed in accordance with the laws of the State of New York, without regard for the conflicts of law doctrine of that State or any other jurisdiction, and all proceedings shall take place in New York County, State of New York.