TERMS
Photo Contest begins September 1, 2012 at 9:00:00 a.m. US Eastern Time and ends November 30, 2012, 11:59:00 p.m. US Eastern Time (?ET?) (the ?Contest?). Information on how to enter and prizes form part of these official rules (?Official Rules?). By submitting an entry, each entrant agrees to the Official Rules and warrants that his or her entry complies with all requirements set out in the Official Rules. This is a skill-based contest and chance plays no part in the determination of winners.
Contest Period
Each contest period shall begin at 12:00 A.M. Pacific Time on a designated starting date and shall continue to 11:59 P.M. Pacific Time on a designated stopping date unless extended or shortened by Sponsor in accordance with these rules ('Contest Period'). The starting date for each Contest shall be listed and identified on the Contest website at
www.mortgagecontests.com . All contestants must enter and complete the contest no later than Midnight Pacific Time, on the final day of the contest to be eligible for the designated Contest prize.
The Contest Period(s) may be shortened, at the sole discretion of the Sponsor, in the event that the minimum number of contestant entries required for the designated Contest is received before the expiration of the established Contest Period. In addition, each Contest Period may be extended for a period of up to three (3) additional months in the event that the stated number of contestant entries has not been met.
If the required number of entries for each contest is not met, the Sponsor may elect in its sole discretion to select a winner and award a prize.. (I need to determine the start and end date of the contests on the section of the contests on the website not on the official rules if possible)
JUDGING
Contest consists of two (2) rounds of evaluation. In Round One, each judge (five judges) ('Judges') will select five (5) entries in each contest from among all eligible entries based on the following criteria ('Judging Criteria'): (1) Creativity; (2) Photographic quality; (3) genuineness/authenticity of the content. The entries selected in Round One will proceed to Round Two. In Round Two, the Judges will collectively select a First Place Winner in each Contest based on the Judging Criteria this contestant will be awarded the Grand Prize.
LICENSE
By entering the Contest, all entrants grant an irrevocable, perpetual, worldwide non-exclusive license to Authorized Parties, to reproduce, distribute, display and create derivative works of the entries (along with a name credit) in connection with the Contest and promotion of the Contest, in any media now or hereafter known, including, but not limited to: Display at a potential exhibition of winners; publication of a book featuring select entries in the Contest; publication in National Geographic magazine or online highlighting entries or winners of the Contest. Entrants consent to the Sponsor doing or omitting to do any act that would otherwise infringe the entrant?s ?moral rights? in their entries. Display or publication of any entry on an Authorized Party?s website does not indicate the entrant will be selected as a winner. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use. Additionally, by entering, each entrant grants to Authorized Parties the unrestricted right to use all statements made in connection with the Contest, and pictures or likenesses of Contest entrants, or choose not to do so, at their sole discretion. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use.
LIMITATION OF LIABILITY
By entering this Contest, all entrants agree to release, discharge, and hold harmless Mortgage Contests and its partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives from any claims, losses, and damages arising out of their participation in this Contest or any Contest-related activities and the acceptance and use, misuse, or possession of any prize awarded hereunder.
Mortgage Contests assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to Contest entries or entry forms; or alteration of entries or entry forms. Mortgage Contests is not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email entry to be received on account of technical problems or traffic congestion on the Internet or at any website, human errors of any kind, or any combination thereof, including any injury or damage to entrants' or any other persons' computers related to or resulting from participation, uploading or downloading of any materials related to in this Contest.
Limitations of Liability
In no event will Sponsor, its respective officers, directors, employees, representatives or agents, immediate family, members or residents of their households, or judges of the Contest, Sponsor, its affiliates or their employees and partners, the Sponsor?s web designer or their respective officers, directors, employees, representatives or agents, immediate family members or residents of their households be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential, statutory or punitive damages. Without limiting the foregoing, with respect to the Contest and to the Prize(s), Sponsor makes no warranty of any kind, either express or implied, including but not limited to, the implied warranties or merchantability of fitness for a particular purpose. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties so some of the above limitations or exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding these limitations or exclusions.
CONDITIONS
THIS CONTEST IS VOID WHERE PROHIBITED. Entrants agree that this Contest shall be subject to and governed by the laws of the Salt Lake City Utah and the forum for any dispute shall be in the Salt Lake City Utah, United States of America. To the extent permitted by law, the right to litigate, to seek injunctive relief or to make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or on connection with this Contest are hereby excluded and any entrant expressly waives any and all such rights. Certain restrictions may apply. Entries void if the Sponsor determines the photograph to not be an original, or if the entries are illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error or obtained through fraud or theft.
Dispute Resolution
By entering the Contest, each entrant agrees that any controversy or claim arising out of or relating to the participation in the Contest shall be settled by arbitration, before a single arbitrator, administered by the American Arbitrations Association under its Residential arbitration rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The locale of the arbitration shall be in Los Angeles, Los Angeles County, California USA, and shall not be subject to transfer to another venue or locale for any reason. By entering the Contest, each contestant further agrees that the contestant will not commence or participate in any litigation or proceeding, either as a class representative or as a class member, and that contestant will never seek to obtain from Sponsor awards for, and he hereby waives all rights to claim, statutory, punitive, incidental, or consequential damages, or any other damages, including attorney?s fees, other than actual out-of-pocket expenses (i.e. costs associated with entering the Contest).
Governing Law
Sponsor from its offices located in California, in the USA controls this Site. The Site can be accessed from all 50 states, as well as from other countries around the world. As each of these jurisdictions has laws and regulations that may differ from those of USA, by accessing this Site, both you and the Sponsor agree that the statutes and laws of the USA without regard to conflicts of laws principles thereof, will apply to the Contest, these Official Rules, the entire relationship between Sponsor and Contestants, and any legal proceeding arising there from (whether grounded in tort, contract, law or equity). In the case of a dispute, subject to the provisions of the Dispute Resolution paragraph above, you and Sponsor agree any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Los Angeles, California USA. You have irrevocably and unconditionally consented to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and to any right of jurisdiction on account of the place of residence or domicile of any party thereto.
Severability of Illegal Provisions
Wherever possible, each provision of the Rules and Regulations shall be interpreted in such a manner as to be effective and valid under applicable law. Should any portion of this document be declared invalid for any reason, such declaration shall have no effect upon the remaining portions.
Rights of Third Parties
Unless expressly stated herein to the contrary, nothing in these Rules and Regulations, whether express or implied, is intended to confer any rights or remedies under or by reason of these rules on any persons other than the parties hereto and their respective legal representatives, successors and permitted assigns.
Amendment of Rules
Sponsor may amend the Official Rules in its sole discretion. Amendments will be posted on the Sponsor Website at
www.contestforchange.com . Unless otherwise specified, any amendments will become effective on the day they are posted on the Sponsor?s website.
Entire Agreement
These Rules and Regulations, including exhibits, (if any) contain all agreements between the Sponsor and contestants. There are no other representations, warranties, promises, agreements or understandings, oral, written or implied, among the Parties, except to the extent reference is made thereto in these rules. Sponsor
By entering, entrants also agree (a) to be bound by these Official Rules; (b) that the decisions of the Judges are final and binding with respect to all matters relating to the Contest; and (c) if the entrant wins that Sponsor may use the winning photographs and each winner's name, photograph, likeness, and/or voice in any publicity or advertising relating to the Contest or future promotions without compensation or approval (except where prohibited by law). All federal, state/provincial/territorial, and local taxes, fees and surcharges and taxes (whether foreign or domestic, and including income, sales, and import taxes) on prizes are the sole responsibility of the prize winners. In the event that the selected winner(s) of any prize is/are ineligible, cannot be traced or does/do not respond within ten (10) days to a winner notification as required by the 'Contest Prizes' Rules above, or refuses the prize, the prize will be forfeited and Sponsor, in its sole discretion, may choose whether to award the prize to another entrant.
The Sponsor reserves the right to verify the validity and originality of any entry and/or entrant (including an entrant's identity and address) and to disqualify any entrant who submits an entry that is not in accordance with these Official Rules or who tampers with the entry process. Failure by the Sponsor to enforce any of its rights at any stage does not constitute a waiver of those rights.
Sponsor reserves the right, exercisable upon its sole discretion, to disqualify any individual it finds has: (1) violated these Official Rules; (2) interfered with, or attempted to manipulate, the Contest or Contest results; (3) violated any law or regulation by participating in the Contest; or (4) provided false information to Sponsor.
Sponsor has endeavored to comply with all legal requirements in developing Contest and does not desire to accept entries from residents of jurisdictions where the Contest does not comply with the laws of the jurisdiction in which the individual resides. If any governmental entity determines that a contestant violates applicable laws or regulations, the Sponsor shall have the option, in its sole discretion, to disqualify the contestant in the Contest and return any associated entry fee. Sponsor makes no representation regarding accessing the materials on this Site from jurisdictions where its contents or the Contest is illegal or prohibited. Those users who choose to access this Site from other locations do so at their own risk and are responsible for compliance with all local laws and regulations.
RIGHT TO CANCEL OR SUSPEND CONTEST
If for any reason the Contest is not capable of running as planned, due to infection by computer virus, bugs, worms, trojan horses, denial of service attacks, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Mortgage Contests that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Mortgage Contests reserves the right, at its sole discretion, to disqualify any individual(s) who tamper with the entry process, and/or to cancel, terminate, modify, or suspend the Contest. If Sponsor elects to cancel or terminate the Contest, Sponsor will not retain any rights in the submitted photographs, and will return the fees submitted with each entry.
WINNERS LIST
Entrants are responsible for complying with these Official Rules. Winners' names will be available online at
www.mortgagecontest.com after Month XXXXX?
DATA PRIVACY
Entrants agree that personal data, especially name and address, may be processed, shared, and otherwise used for the purposes and within the context of the Contest and any other purposes outlined in these Official Rules. The data may also be used by the Sponsor in order to verify the participant's identity, postal address, and telephone number or to otherwise verify the participant's eligibility to participate in the Contest. Participants have the right to access, review, rectify, or cancel any personal data held by Sponsor by writing to Mortgage Contest, 1145 17th Street N.W., Washington, D.C. 20036-4688. Personal data will be used by Sponsor and its affiliates exclusively for the purposes stated herein.
Copyright Ownership and License
Contestants acknowledge and agree that their name, city, state and contact information are non-confidential for all purposes and the Sponsor may disclose this information in conjunction with announcements related to prize winners and contests.
