Official Rules

Pond5 Referral Program Sweepstakes (October 19 – November 12, 2021)

No Purchase Necessary. A Purchase Will Not Increase Your Chances Of Winning.

1.     Eligibility:  The Pond5 Referral Program Sweepstakes (the “Sweepstakes”) is open only to legal residents of the 50 United States and District of Columbia who are at least eighteen (18) years old. Employees of Pond5, Inc. (“Sponsor”), their immediate families (spouse, parents, siblings, and children), and the household members of Sponsor employees and their families, are not eligible to enter. If the Sweepstakes is prohibited by any local regulations, you are prohibited from participating in the Sweepstakes, and the Sponsor, in its sole discretion, may take steps to limit or ban your participation. By participating, Entrants (as defined below) agree to be bound by these official Sweepstakes rules (“Official Rules”) and the decisions of the Sponsor, which are binding and final on matters relating to the Sweepstakes.

2.     Entry Period: The Sweepstakes begins at 6:00 am ET on October 19, 2021 and ends at 11:59 pm ET on November 12, 2021 (the “Entry Period”). Entries submitted before or after the Entry Period will not be eligible. Sponsor’s computer is the official time-keeping device for the Sweepstakes.

3.     How to Enter: Visit https://www.pond5.com/referral to learn about the Pond5 Referral Program. Create a Pond5 username, navigate to the “My Referrals” tab in your dashboard, then copy and share your unique referral link (“Referral Link”) with your friends and colleagues. If you are recognized by Sponsor as the Referring User for making five (5) Referrals to New Users during the Entry Period, you will automatically receive one entry into the Sweepstakes. Only Referrals recorded during the Entry Period will be counted towards the minimum number needed to enter the Sweepstakes. Limit one (1) entry per Entrant and Pond5 account. “Referral”, “Referring User”, and “New User” have the meanings set forth in the “Referral Program Terms” terms located at https://st.pond5.com/sitedoc/Pond5_Referral_Program_Terms_06-17-2021.pdf (“Referral Program Terms”). You must comply with the Referral Program Terms to be eligible to participate in the Sweepstakes. The use of an agency or any automated system to enter is strictly prohibited, and Sponsor reserves the right to disqualify any entries received as determined by Sponsor, in its sole discretion.

• Alternate Method of Entry by mail: Entrants may also enter by mailing a handwritten 3 x 5 card with Entrant’s full name, postal address, the email address that corresponds with Entrant’s Pond5 account, and telephone number to Pond5 Sweepstakes, 251 Park Avenue South, 7th Floor, New York, NY 10010. All contact information provided must be valid, truthful and current. Mail-In Entrants will receive one (1) entry per stamped envelope. Mail-in entries must be postmarked by November 12, 2021 and must be received no later than November 20, 2021. Envelopes containing multiple entries will be disqualified. Released Parties (as defined below) are not responsible for lost, late, damaged, delayed, destroyed, misdirected, incomplete, illegible, mutilated, or postage due mail. Such entries are void and will not be accepted. Incomplete, unreadable, or unintelligible entries, in the sole discretion of Sponsor, will be disqualified.

4.     Drawing: On or about November 22, Sponsor will select one (1) winner in a random drawing of all entries received during the Entry Period. The odds of being selected depend on the number of entries received. Sponsor will attempt to notify the potential winner within ten (10) business days of the drawing.

5.     Notifying the Potential Winner:  The potential winner will be notified by email and must reply and provide his/her/their mailing information within seven (7) days of the date notice or attempted notice is sent in order to claim the applicable prize. Sponsor is not responsible if the potential winner fails to receive the notice for any reason. In the event that the potential winner cannot be contacted, fails to provide any requested information in the required time frame, elects to forfeit the prize, or is disqualified for any reason, Sponsor will select an alternative potential winner in a random drawing from among all remaining eligible entries for the applicable prize. Only one (1) alternative potential winner may be contacted.

6.     Prize: The winner will receive a DJI Air 2S Fly More Combo Drone with Smart Controller. Any prize details not specified above will be determined by Sponsor, in its sole discretion. A prize may not be transferred and must be accepted as awarded. A winner may not request cash or a substitute prize. The approximate retail value of the prize is $1,749, and all applicable taxes are the sole responsibility of the winner.

7.     General Conditions:  All of the Referral Program Terms apply to your participation in the Referral Program and participation in the Sweepstakes. Any violation of the Referral Program Terms is grounds for your disqualification from the Sweepstakes and termination of your participation in the Referral Program. In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, a change to any applicable terms of service, unauthorized human intervention, or other technical problem, or in the event the Sweepstakes is unable to run as planned for any reason, as determined by Sponsor in their sole discretion, the Sponsor may, in their sole discretion, either (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Sweepstakes and, in the event of termination, award the prize at random from among the eligible entries received up to the time of the impairment. The Sponsor reserves the right in their sole discretion to disqualify any individual they find to be spamming or tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorney’s fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision or any rights or remedies available to the Sponsor, whether set forth in these Official Rules or elsewhere.

8.     Release and Limitations of Liability:  By participating in the Sweepstakes, you (the “Entrant”) agree to release and hold harmless, collectively and individually, the Sponsor, and its respective parent companies, subsidiaries, affiliates, officers, directors, employees, shareholders, representatives, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize (including any travel or activity related thereto), including, but not limited to: (i) any technical errors associated with the Sweepstakes, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (ii) unauthorized human intervention in the Sweepstakes; (iii) mechanical, network, electronic, computer, human, printing or typographical errors; (iv) any other errors or problems in connection with the Sweepstakes, including, without limitation, changes to any applicable terms of service, errors that may occur in the administration of the Sweepstakes or the processing of entries, the announcement of the winner, or errors relating to any Referral Link; (v) any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes; or (vi) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrants’ participation in the Sweepstakes or acceptance, receipt, use or misuse of the prize. Entrant waives the right to claim any damages whatsoever against the Released Parties, including, but not limited to, punitive, consequential, direct, or indirect damages. Without limiting the foregoing, Entrant agrees that in any permitted cause of action, the Released Parties’ liability will be limited to no more than $10 USD, and in no event shall the Entrant been titled to receive attorney’s fees or court costs.

9.     Privacy and Publicity:  Any information you provide when you enter the Sweepstakes will be used in accordance with Sponsor’s Privacy Policy. Except where prohibited, participation in the Sweepstakes constitutes your consent to Sponsor’s use of your name, likeness, voice, opinions, biographical information, and state of residence (“Entrant Information”) for promotional purposes in any media without further payment or consideration.

10.   Disputes: You agree that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules, guidelines, or provisions that would cause the application of any other state’s laws.

11.   Sponsor: The Sweepstakes is sponsored by Pond5.

12.   Results: For the names of the winners of any prize over $25, please send a self-addressed stamped envelope to Pond5 Sweepstakes, 251 Park Avenue South, 7th Floor, New York, NY 10010. Requests must be received by December 22, 2021.