PHOTO CONTEST RULES
Important: Please read these rules before entering this contest (the "Contest"). By participating in this Contest, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.
PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS CONTEST. PURCHASE WILL NOT INCREASE ODDS OF WINNING
1. Eligibility. OFFER VOID IN RHODE ISLAND, PUERTO RICO, AND WHERE PROHIBITED BY LAW. THE 4 PITS SAKE RESCUE PHOTO CONTEST IS OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST 18 YEARS OF AGE (OR THE AGE OF MAJORITY UNDER APPLICABLE LAW). IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN AN HONOR, AND 4 PITS SAKE RESCUE (“CONTEST SPONSOR”) RESERVES THE RIGHT NOT TO AWARD HONORS TO YOU. To be eligible to win an honor, entries must be completed and received by the Contest Sponsor in the manner and format designated below. Directors, officers and employees of the Contest Sponsor and any of its respective affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies, and immediate families of each are not eligible to win. All applicable federal, state, and local laws and regulations apply.
2. Disclaimer. The Contest Sponsor, Facebook, Inc., Instagram, LLC, and any other social media platforms utilized in the Contest, any participating sponsors, prize partners or charities, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies (collectively, the "Released Parties") will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Contest disruptions, injuries, losses or damages caused by events beyond the control of the Contest Sponsor or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Contest.
3. Contest Period. The Contest is held for Click here to enter text.; provided that the Contest Sponsor may discontinue the Contest at any time in its sole discretion with or without notice. In order to enter into the Contest for a particular calendar year, submissions be made between 12:00:00 AM Central Time (“CT”) on Click here to enter text. and 11:59:59 PM CT on Click here to enter text. (the "Contest Period"). Any entry submitted after the deadline will not be accepted. All entries must be received during the Contest Period to be eligible to enter the Contest. The Contest Sponsor’s computer is the official time-keeping device for the Contest.
4. How to Enter. PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS CONTEST. PURCHASE WILL NOT INCREASE ODDS OF WINNING. During the Contest Period (1) visit Click here to enter text. (the “Contest Website”); (2) click the button labelled “Enter Contest”; (3) click the button labelled “Upload Image”; (4) enter all information on the screen and select your image file to upload; (6) click Submit to upload your information; (7) upon message “File Uploaded”, close the window to proceed with payment (8) click the button labelled “Enter Contest” and complete payment. You must provide the information requested in conjunction with your photograph along with the Submission of your photograph to be eligible. The Contest Sponsor may display all Submissions on the Contest Website, Facebook page, Instagram page, and any such other media platforms as the Contest Sponsor chooses. By uploading your Submission, you agree that your Submission conforms to these Official Rules and to the Submission Guidelines and Content Restrictions listed below (collectively, the “Guidelines and Restrictions”) and that the Contest Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Contest with or without notice if it believes, in its sole discretion, that your Submission fails to conform with these Official Rules and/or the Guidelines and Restrictions. Submissions will only be accepted via the Contest Website.
5. Guidelines and Restrictions
· The Submission must be a digital photo of less than 20 MB, be in TIFF, JPEG, PNG, GIF, or JPG format, the file must be width: 5.25 inches or height: 5.25 inches, the digital image must be 300 DPI;
· The Submission must be entrant’s original creation and/or owned one hundred percent (100%) by the entrant;
· The Submission should capture a particular mood or evoke a particular holiday (the “Contest Themes”); and
· The Submission must be free of all watermarks and marks of authorship or ownership that are visible on the Submission.
· The Submission must not contain material that (i) is owned by third parties, (ii) violates, misappropriates, or infringes upon any law, rule or regulation, or (iii) violates the rights of any third party, including any copyright, trademark, or any rights of publicity or privacy, or any other intellectual property or proprietary rights;
· The Submission must not disparage any person or entity;
· The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortious, and/or defamatory;
· The Submission must not contain material that is harmful or could be perceived to be harmful to animals;
· The Submission may not contain any recognizable brands, logos, trademarks or similar materials;
· The Submission 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; and
· The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the Submission is created.
6. For All Submissions: You may submit as many photographs as you like for consideration in the Contest during the Contest Period, provided, that payment is received for each photograph and submitting more than one (1) entry will not increase your chances of winning since each Submission will be judged according to the criteria provided below. Entrant must have signed permission from all individuals (parents/legal guardians of children and animals, if not your own) appearing permitting the use of each name and image in the Submission and to grant the rights set forth herein. If requested by the Contest Sponsor, entrant must provide all appropriate clearances, permissions and releases for the Submission. If an entrant cannot provide all required releases, Contest Sponsor reserves the right, in Contest Sponsor’s sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Contest Sponsor’s benefit. Any entrant who, without permission, incorporates any intellectual property owned by a third party into his or her Submission does so at his or her own risk and may be disqualified from the Contest.
By uploading your Submission, you grant to the Contest Sponsor (and the Contest Sponsor’s licensees and assigns) a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works of, and display your Submission(s) in whole or in part, and otherwise exploit your Submission(s) in all media now known or hereafter devised, throughout the universe, in any way the Contest Sponsor sees fit including, but not limited to, the right to display your Submission (a) in any Contest Sponsor calendar and in the advertising and promotion thereof, (b) on the Contest Sponsor’s website, Facebook page and Instagram page; (c) for entertainment, instruction/education, promotional, advertising and/or marketing purposes; and (d) for such other purposes and on such other media platforms as the Contest Sponsor elects. If necessary, entrant will sign any necessary documentation that may be required for the Contest Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Proof of submission will not be deemed proof of receipt by the Contest Sponsor.
By uploading your Submission, you (a) hereby waive any so-called moral (e.g., creative) rights in your Submission; (b) represent and warrant that you have the right to grant the rights granted herein; and (c) represent and warrant that your Submission(s) and its/their use as contemplated in these Official Rules does not and will not violate, misappropriate, or infringe upon any law or regulation or the rights of any third party, including any copyright, trademark, right of publicity or privacy, or any other intellectual property, contractual or proprietary rights.
All entry information becomes the property of the Contest Sponsor and will not be acknowledged or returned. Except as otherwise disclosed in these Official Rules, and to the extent entrants may otherwise elect at the time of entry, any information collected through the Contest shall be used only in a manner consistent with the rights granted herein. Any communication or information transmitted to the Contest Sponsor by electronic mail or otherwise is and will be treated as non-confidential and non-proprietary. At the time of entry via the Contest Website, entrants automatically grant Contest Sponsor permission to send and shall be entitled to receive further communications from the Contest Sponsor regarding the Contest. In addition, entrants hereby grant the Contest Sponsor permission to send information regarding services, incentives, offers, promotions, or other messaging related to the Contest Sponsor’s and its affiliates’ and sponsor’s services. Entrants shall have the opportunity to opt out of receiving such future information by electing to do so on within the email. Chances of winning are not increased or decreased by electing to opt out. Notwithstanding the foregoing, submitting a photograph or photographs will not transfer ownership of any intellectual property rights in or to such photographs to the Contest Sponsor.
Submissions will be available on the Contest Website, Facebook page, Instagram page and other social media controlled by Contest Sponsor for viewing by the general public. Notwithstanding the foregoing, access to such social media networks, including without limitation Facebook, Twitter, Instagram and other coordinated social media pages (“Social Media Network(s)”) is not in the control of the Contest Sponsor and such Social Media Network site operators are not sponsors, endorsers, and/or administrators of contests, and are not affiliated with the Contest Sponsor or its contests in any way. The Contest Sponsor cannot control certain factors relating to such Social Media Networks, including, without limitation, errors, cancellation of user accounts, and/or any technical malfunctions that may affect any entrant’s ability to enter, win, view, be advised of, be eligible for or be properly considered in a particular Contest. Any posting on a Social Media Network will be deemed made at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. Entries that do not comply with these Official Rules, as determined in Contest Sponsor’s sole discretion, will be disqualified and may not appear on the Contest Website. Decisions of the Contest Sponsor are final and binding. Further, by entering, all entrants agree to give Contest Sponsor permission to use his/her name and likeness in accordance with Section 14 below.
If Contest Sponsor becomes aware that any element of an entrant’s Submission(s) infringes upon the rights of another person and/or receives a legally valid request to remove the affected Submission(s) from the Contest Website because of such infringement, such Submission(s) shall be disqualified from the Contest in Contest Sponsor’s sole discretion. Further, no entrant will be eligible to receive an honor unless Contest Sponsor determines, in its sole and absolute discretion that such entrant’s Submission(s) has/have met all Guidelines and Restrictions as set forth herein.
7. Voting and Judging. A panel of judges, selected by the Contest Sponsor in its sole discretion, (the “Judging Panel”) will select the Potential Winners as described herein. The judging will take place starting on the day immediately following the last day of the Contest Period for the particular year. Selection of potentially winning Submissions (each, a “Potential Winner”) will be based on the following criteria: (a) how adorable it is; (b) how well it fits the Contest Themes; (c) how humorous it is; and (d) the photographic composition and artistic quality of the Submission.
The winners shall be determined by the Judging Panel and its decisions shall be final; each entrant agrees to be bound by the final decisions of Contest Sponsor. In the event a winning entry is deemed invalid for any reason whatsoever or the entrant fails to comply with these Official Rules prior to delivery of an honor, the Potential Winner may be disqualified, and the honor forfeited. In such event, the honor may be awarded to an alternate Potential Winner at the sole discretion of the Contest Sponsor.
8. Identity of Entrant. If a dispute arises about the identity of the entrant, entries made online will be declared made by the authorized account holder of the email address submitted at time of entry. An authorized account holder is defined as the natural person who is assigned to an email address or Social Media Network handle by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address, or Social Media Network handle associated with the applicable Social Media Network. The winner may be required to provide the Contest Sponsor with proof that such winner is the authorized account holder of the email address or Social Media Network handle associated with the winning entry. It is the sole responsibility of the entrant to notify the Contest Sponsor in writing if the entrant changes his/her email or postal address. Proof of submission of entry does not constitute proof of delivery of entry. Each Submission must be manually key stroked and manually entered by the individual entrant; automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot, or contest service) will be disqualified and transmissions from these or related email or IP addresses may be blocked. Contest Sponsor shall have no liability for any Submission that is lost, intercepted or not received by Contest Sponsor.
9. Honors. The honor bestowed under this Contest is having your Submission photograph printed on one (1) page corresponding to a calendar month of the Contest Sponsor’s calendar (such printed pages, the “Honors”). The Contest Sponsor shall have the absolute discretion to choose which month of the year on which winning photographs will be printed. The value of each Honor is zero dollars ($0.00).
10. Honor Winners. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY HONORS, IF ANY, ARE THE SOLE RESPONSIBILITY OF THE WINNER(S). All Honors will be awarded. The particular calendar month on which a winning Submission will be printed shall be in the sole discretion of the Contest Sponsor. Without limiting the foregoing, you acknowledge and agree that your Submission, if it wins an Honor, may be printed in a calendar. Potential Winners will be notified on or about Click here to enter text by email sent to the email address provided in the Submission. The Potential Winner must then contact Contest Sponsor using the contact information provided with the notification within ten (10) days of notification. If an Honor or a Potential Winner notification is returned as undeliverable or otherwise not claimed within ten (10) days after delivery, the Contest Sponsor will have the right to publish the Submission. Potential Winners are subject to verification of eligibility and compliance with these Official Rules, which verification shall be in the Contest Sponsor’s sole discretion. To claim an Honor, the Potential Winner(s) must follow the instructions contained in his or her notification and, if requested in writing by the Contest Sponsor, submit any further Submission license or assignment, affidavit of eligibility, liability release, and (where imposing such condition is legal) a publicity release (collectively, "Honor Claim Documents") within ten (10) days of such request in order to receive an Honor. Potential Winners only become “Actual Winners” entitled to an Honor if they are deemed by the Contest Sponsor to have fully complied with these Official Rules and upon submitting fully completed and executed Honor Claim Documents, each in the Contest Sponsor’s sole discretion.
11. No substitutions or exchanges (including for cash) of any Honor will be permitted. HONORS ARE AWARDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE). The Honors will be fulfilled upon publication of the applicable calendar, and in any event after verification of such entrant as an Actual Winner as provided above. Winners are not entitled to a free calendar.
12. No Third-Party Endorsement. This Contest is in no way sponsored, endorsed or administered by, or associated with any Social Media Network utilized in connection with the Contest or any of their holding companies, affiliates or subsidiaries or any party other than the Contest Sponsor. Any information you provide in connection with the Contest is to the Contest Sponsor and/or its administrators and not to any other party. You understand that by using and interacting with any Social Media Network utilized in connection with the Contest, you are subject to the terms, conditions, and policies that govern the use of those websites and services. You should therefore review the applicable terms and policies for those websites and services, including privacy and data gathering practices, before using or interacting with those websites and before making a Submission.
13. General Release. By entering the Contest, you hereby release the Contest Sponsor and all Released Parties from any and all liability whatsoever and waive any and all causes of action for any claims, costs, injuries, losses, and/or damages of any kind arising out of or in connection with the Contest or the Honors (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or any other theory.
14. Use of Winner’s Name, Likeness, etc. By entering into the Contest, you hereby grant to the Contest Sponsor a royalty-free, non-exclusive license to use your name, Facebook, Instagram and other social media names, likeness, persona, hometown, Submission and/or Honor information in all media now known or later devised throughout the universe in perpetuity for all purposes the Contest Sponsor deems appropriate – including, without limitation, in the Contest Sponsor calendar and in the advertising and promotion thereof, for promotional and publicity purposes by the Contest Sponsor – without further permission or compensation. Except where prohibited by law, winners may (in the Contest Sponsor’s sole discretion) be required as a pre-condition of becoming an Actual Winner, to execute a further written consent, confirming the Contest Sponsor’s right to use such winner’s name, social media names, likeness, persona, hometown, Submission and/or Honor information, without further permission or compensation.
15. Winner List; Rules Request. For the list of winners, send an email with subject line: “Photo Contest Winner List Request” to email@example.com indicating the particular year of interest, provided that the Contest Sponsor will only maintain each such list for two years. To obtain a copy of these Official Rules, send an email with subject line: “Photo Contest Official Rules Request” to firstname.lastname@example.org.
16. Intellectual Property Notice. The Contest Sponsor, the Contest and all accompanying materials are protected by the copyright and trademark laws of the United States and all rights thereunder are owned solely by the Contest Sponsor. All rights are reserved.
17. Miscellaneous. The Contest and these Official Rules will be governed, construed, and interpreted under the laws of the state of Minnesota, U.S.A. Entrants agree to be bound by these Official Rules and by the decisions of the Contest Sponsor, which are final and binding in all respects. The Contest Sponsor reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Contest or any entrant’s participation in the Contest should viruses, bugs, unauthorized human intervention, or other causes beyond the Contest Sponsor’s control affect the administration, security or proper play of the Contest, or the Contest Sponsor otherwise becomes (as determined in its sole discretion) incapable of running the Contest as planned, in which event all Honors will be awarded via the judging process outlined in these Official Rules from among all eligible entries received prior to cancellation. Notwithstanding the foregoing, the Contest Sponsor reserves the right to amend, modify, or cancel the Contest at any time without notice. Entrants who violate these Official Rules; violate any law, rule, or regulation in connection with participation in the Contest; tamper with the operation of the Contest or engage in any conduct that is detrimental or unfair to the Contest Sponsor, the Contest, or any other entrant (in each case as determined in the Contest Sponsor’s sole discretion) are subject to disqualification from entry into the Contest. The Contest Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Contest. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. If you have any questions about these Official Rules or the Contest, please email them to email@example.com. Entrants hereby waive the right to seek injunctive relief against Content Sponsor and all Released Parties with respect to any breach or alleged breach of any term of these Official Rules and/or with respect to any aspect of this Contest and/or the development, production, distribution and/or other exploitation of the Film. Contest Sponsor reserves the right to amend these Official Rules.