Theme of the Contest

Tell us why you think it is important to protect the orangutans and the biodiversity of the Bornean Rainforest. Why is conservation important to you? 

Contest Summary   

Orangutan Foundation International’s Paint it Forward 2020 (the contest) begins July 18, 2020 at 12:00 AM Pacific Daylight Time (PDT) and ends on July 31, 2020 at 11:59 PM. This is the submission period. During the submission period, those who wish to enter the contest will have the opportunity to upload their artwork that they feel best demonstrates and or embodies the contest theme. Immediately following the conclusion of the submission period, Orangutan Foundation International and its assignees will evaluate and select a winner and finalist. The winner and finalists will be notified and announced on or before August 7, 2020.   

By entering and or otherwise participating in the contest, entrants agree to comply with the terms and conditions set forth below. Note that decisions made by Orangutan Foundation International and or its assignees are binding and final.   

Eligibility   

The contest is open to entrants with an active, public Instagram account at the time of entry. However, entrants residing in the following countries are ineligible:  

• Cuba   
• Iran  
• North Korea  
• Sudan  
• Syria  

How to Enter  

Entrance Requirements   

Participation requires an active and public Instagram Account. Participants enter the contest by uploading artwork that feel demonstrates the theme of the contest.   

Uploads must include the hashtag #OFIPaintItForward2020  for consideration. Those entries that do not include the before mentioned hashtag, will not be considered.   

Only one entry is permitted per Instagram account.   

Winner Selection & Notification   

Winner Selection   

A panel of judges representing Orangutan Foundation International will select the finalists from all eligible submissions received, in accordance with the eligibility rules outlined above. Submissions will be evaluated on the following criteria:   

• Execution of the theme  
• Creativity  
• Messaging  

Each submission that reaches the finalist stage shall be featured on the Orangutan Foundation International Instagram Account. The winner of the contest will be announced publicly on August 8, 2020.  

Winner Notification   

All finalists and winner shall be notified via their social media accounts by a representative of Orangutan Foundation International. If the finalist and or contest winner does not respond within 30 days, or if the notification is returned as either unclaimed or undeliverable, Orangutan Foundation International will consider the finalist or winner as forfeiting their award(s).   

Should a forfeiture occur after the prescribed period, Orangutan Foundation International shall reserve its right to re-assign the awarding of prizes at its sole discretion.   

Awards  

Grand Prize   

One (1) Grand Prize  

• An Autographed 1975 National Geographic Magazine featuring Dr. Biruté Mary Galdikas  
• An Orangutan Plush Toy   

Four (4) Finalist Prize  

• A curated selection of palm-oil free personal care products  

No cash nor cash alternative nor other prize substitutions permitted. Orangutan Foundation International reserves the right to substitute prize(s) of comparable value if the listed prize becomes unavailable. Prizes are only awarded if the potential prize winner is in full compliance with the terms and conditions outlined within.   

Orangutan Foundation International makes no warranties and hereby disclaims any and all warranties, either express or implied, concerning any prize furnished in connection with the contest. Without limiting the generality of the foregoing, such prizes are provided as “as is” without warranty of any kind, either express or implied, and Orangutan Foundation International hereby disclaims all such warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and or non-infringement.   

Indemnification  

Each person entering the contest represents and warrants as follows:   

1. The submission is the entrant’s own original, previously unpublished and previously unpublished work   

2. The submission is uncorrupted, containing no transferrable computer virus (as applicable), wholly original with entry and as of the date of the submission, is not the subject of any actual or threatened litigation or claim.   

3. The submission does not and will not violate or infringe upon the intellectual property rights or other rights of any third party  

4. The submission does not and will not violate any applicable laws, and is not or will not be defamatory or libelous   

5. Each entrant hereby agrees to indemnify and hold Orangutan Foundation International harmless from any and all third party claims and or actions and or proceedings of any kind and from any and all damages and or liabilities and or costs and or expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations, or agreements of the entrant hereunder.   

Grant of Rights   

For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each entrant into the contest hereby irrevocably grants to Orangutan Foundation International, its successors and assigns, a non-exclusive, limited license, but not the obligation, to reproduce, exploit, and otherwise use the Submission (entry) solely in connection with the contest and the marketing promotion thereof, through the universe, in perpetuity, in any and all media, without further notice to, consent by, or payment to the entrant. Without in any way limiting the foregoing, Orangutan Foundation International shall have the right to freely assign its rights hereunder, in whole or in part, to any person or entity. Orangutan Foundation International shall retain the rights granted in each submission even if the submission is disqualified or fails to meet submission requirements. By entering the contest, each entrant acknowledges and agrees that their submission may be featured on Orangutan Foundation International social media platform, editorial websites and other means of conveyance through mass media.  

Publicity Release   

By participating in the contest, in addition to any other grants that may be granted in any other agreement entered into between Orangutan Foundation and any entrant in, or winner of, the Contest, each entrant irrevocably grants Orangutan Foundation International and their respective successors, assigns and licensees, the right to use the entrant’s name, likeness, biographical information and Submission, and any individual(s) participating therein, in any and all media in connection with the website and or the contest or the marketing and promotion thereof and hereby release Orangutan Foundation International from any liability with respect thereto.   

General Liability Release/Force Majeure  

Entrants agree that the promotion entities (Orangutan Foundation International) and Instagram   

1. Shall not be responsible nor liable for and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury due in whole or in part, directly or indirectly, to the participation in the contest or any contest related activity from an entrant’s perspective, receipt, possession, and or use or misuse of any prize and   

2. Have not made any representation nor guarantee, express or implied in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Orangutan Foundation International assumes no responsibility for any damage to an entrant’s or other person’s computer system which is occasioned by accessing the website or otherwise participating in the contest, or for any computer system, phone line, hardware, software or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Orangutan Foundation International is not responsible for incomplete, illegible, misdirected, misprinted, late, los, damaged, stolen or postage-due prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, internet service providers, websites or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer or telephone or cable transmissions; or for any technical malfunctions, failures, difficulties, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Orangutan Foundation International reserves the right in its sole discretion to discretion to disqualify any individual who is found to tamper with the entry process or the operation of the contest or the website, acting in violation of the official rules, or acts in an unsportsmanlike or disruptive manner, or with intent to undermine the legitimate operation of the contest or to annoy, abuse, threaten or harass any other person. Orangutan Foundation International reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Orangutan Foundation International reserves the right to modify, extend, suspend or terminate the contest if it determines, in its sole discretion, that the contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond the control of Orangutan Foundation International’s have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and or feasibility of the contest as contemplated herein. In the event an insufficient number of eligible entries are received and or Orangutan Foundation International is prevented from awarding prizes or continuing with the contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute, or strike, act of go 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 in the control of Orangutan Foundation International (each a force majeure occurrence), then subject to any governmental approval which may be required, Orangutan Foundation International shall have the right to modify, suspend, extend, or terminate the contest. If the contest is terminated for Force Majeure before the designated end date, Orangutan Foundation International will, if possible, will select the finalists and grand prize winter from all eligible, non-suspect submissions received as of the date of the event giving rise to the termination. Only the type and quantity of prizes described in these Official Rules will be awarded These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Orangutan Foundation International. The invalidity or unenforceability of any provision of these 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 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.   

Nature of Relationship/Waiver of Equitable Relief  

Each entrant hereby acknowledges and agrees that the relationship between the entrant and Orangutan Foundation International is not a confidential, fiduciary, or other special relationship and that the entrant’s decision to provide the entrants submission to Orangutan Foundation International for the purposes of the contest does not place Orangutan Foundation International in a position that is any different from the position from the position held by members of the general public with regard to the elements of the entrant’s submission. Each entrant understands and acknowledges that Orangutan Foundation International have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any of Orangutan Foundation International’s use of any such similar or identical material. Each acknowledges and agrees that Orangutan Foundation International do 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 entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Orangutan Foundation International’s actual or alleged exploitation or us of any submission or other material submitted in connection with the contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief and entrants rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.   

No Obligation to Use   

Orangutan Foundation International shall have no obligation, express or implied, to use any submission or any materials or content created by the Grand Prize Winner or to otherwise exploit any submission or materials or if commenced to continue the distribution or exploitation thereof, and Orangutan Foundation International may at any time abandon the use of the submission or materials for any reason, with or without legal justification or excuse, and contestants shall not be entitled to damages or other relief by reason thereof.  

Governing Law/Jurisdiction  

All issues and questions concerning the validity, interpretation, and enforceability of these official rules or the rights and obligations of entrants or Orangutan Foundation International in connection with the contest shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice of law of conflict of law rules or provisions that would cause the application of any other state’s laws.   

Arbitration Provision   

By participating in this contest, each entrant agrees:  

1. That any and all disputes the entrant may have with, or claims entrant may have against Orangutan Foundation International relating to, arising out of or connected in any way with the   

1. Contest   

2. The awarding or redemption of any prize  

3. The determination of the scope or applicability of the agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS;  

2. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act: 9 U.S.C. §§ 1-16;  

3. The arbitration shall be held in Los Angeles, California   

4. The arbitrator’s decision shall be controlled by the terms and conditions of these official rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the contest   

5. The arbitrator shall apply California Law consistent with the FAA and applicable statues of limitations, and shall honor claims of privilege recognized at law   

6. There shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only the entrants/Orangutan Foundation International’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated  

7. The arbitrator shall not have the power to award punitive damages against the entrant or Orangutan Foundation International  

8. In the event that the administrative fees and deposits must be paid to initiate arbitration against Orangutan Foundation International exceed $125, and the entrant is unable or not required under the rules of JAMS to pay fees and deposit that exceeds this amount, Orangutan Foundation International agrees to pay them and or forward them on the entrant’s behalf, subject to ultimate allocation by the arbitrator   

9. If the entrant is unable to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Orangutan Foundation International will pay as much of the entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive   

10. With the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rues of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall by null and void, and neither entrant nor Orangutan Foundation International shall be entitled to arbitrate their dispute. For more information on JAMS and or the rules of JAMS, visit their website at www.jamsadr.com.   

Winner’s List & Official Rules   

To obtain a copy of any legally required winners’ list or a copy of these terms and conditions, please send a self-addressed, stamped envelope to:  

Orangutan Foundation International  

824 Wellesley Avenue  

Los Angeles, CA 90049  

All such request must be received no later than six (6) weeks after the termination of the contest.   

Miscellaneous   

This contest is in no way sponsored, endorsed, and or administered by or otherwise associated with Instagram, Inc. You understand and acknowledge that you are providing your information to Orangutan Foundation International and not to Instagram, Inc.