2009 Butter & Egg Days Photo Contest
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN THE CONTEST
CONTEST DESCRIPTION:
The Sponsor is Petaluma360.com, 427 Mendocino Avenue, Santa Rosa, CA 95401
The 2009 Butter & Egg Days Photo Contest (“the Contest”) is a skill based competition in which participants will compete to be selected as the photographer of one or more of the top three photo galleries as selected by Public Vote. The photographer(s) with the winning entries will each be awarded US$50 cash for each of his/her winning entry.
Participants will be invited to submit photographs which will be voted on and rated by the public. The Contest begins at 6:01 AM PT on April 25, 2009 and ends at 5:01 PM PT on May 8, 2009. The Contest will be conducted in two phases. During the first phase of the Contest (Phase One) contestants will be invited to submit their photographs. The deadline for photo submissions is 5:00 p.m., May 8, 2009. The second phase of the Contest (Phase Two) all submissions will be voted on and rated by the public. The voting will begin at 5:01 PM PT on May 8, 2009 and ends at 11:59 PM PT on May 22, 2009. The 3 photo galleries with the highest number of people voting for them will be declared the winners. In the case of a tie, another round of public voting will take place in which only the tied entries will be voted on. The names of the winners will be published on or about May 25, 2009 on Petaluma360.com.
ELIGIBILITY:
This contest is open to legal residents of the fifty United States and the District of Columbia who: (a) are 18 years of age or have reached the age of majority in their jurisdiction of residence at the time of entry, whichever is greater. Employees and agents of Sponsor, its affiliates, subsidiaries, advertising and promotion agencies, any other prize sponsor, and any entity involved in the development, production, implementation, administration or fulfillment of the Contest (all of the foregoing, together with Sponsors, collectively referred to as “Promotion Entities”), and their immediate family members and/or close personal friends and/or those living in the same household of such persons, whether related or not, are not eligible to enter the Contest.
HOW TO REGISTER:
Any individual wishing to participate in the Contest or voting process must first register to participate, thereby becoming an eligible participant (participants submitting photographs are referred to as a “Contest Entrant”, participants who wish to vote are referred to as “Public Voters”, each Contest Entrant and/or Public Voter is a (“Participant”).
Registration is free and available at Petaluma360.com (the “Contest Site”).
If you are not an existing registered visitor, follow the instructions to create a free Petaluma360.com registration. As part of the registration process, Participants will be required to click where indicated to signify that they accept and agree to be bound by these Official Rules, including the decisions of the Sponsor which are final and binding in all respects.
Limit one (1) registration per person and per e-mail address. Any individual who attempts to register, or in the sole discretion of Sponsor is suspected of registering more than once, by any means, including but not limited to establishing multiple e-mail accounts or Petaluma360.com registrations will be disqualified from the Contest.
HOW TO SUBMIT A CONTEST ENTRY
Once you have completed registration, follow the online instructions to encode and upload your photo submission (a “Photograph”). You may submit up to 5 Photographs during Phase One of the Contest. Duplicate or identical or nearly identical (as determined by Sponsor in its sole
discretion) photos will not be considered. The decision about what constitutes the same or materially similar Photograph is in Sponsor’s sole discretion. You must complete the registration process and upload your Photograph(s) no later than 5:01 PM PT on May 8, 2009. Your Photograph(s) must showcase your individual talents and creativity. All Photographs (a) must be intended for family audience viewing and contain only content that, in the sole and unfettered discretion of the Sponsor, is suitable for all persons over the age of 13, (b) must not, in the sole and unfettered discretion of the Sponsor contain any sexually explicit, disparaging, libelous or other inappropriate content or any nudity; and (c) must not, in the sold discretion of Sponsor, contain any commercial content that promotes any product or service other than Petaluma360.com; (d) must not contain any copyrighted works (other than as owned by the Contest Entrant).
Any elements appearing in your Photograph must be entirely original, created by you. Use of any Elements or other materials that are not original, or in the public domain may result in disqualification of Photograph in Sponsor’s sole discretion.
CONDITIONS OF CONTEST ENTRY:
Each Contest Entrant retains ownership of any Photograph he/she enters into Phase One of the Contest. However, as conditions of entry into the Contest, each Contest Entrant:
WARRANTS AND REPRESENTS THAT THE CONTEST ENTRANT OWNS ALL RIGHTS TO THE PHOTOGRAPHS HE/SHE IS SUBMITTING (COLLECTIVELY, THE “CONTEST ENTRY MATERIALS”).
WARRANTS AND REPRESENTS THAT THE CONTEST ENTRANT IS THE INDIVIDUAL PICTURED, OR ALTERNATIVELY, THAT THE CONTEST ENTRANT HAS OBTAINED PERMISSION FROM EACH PERSON WHO APPEARS IN THE CONTEST ENTRY MATERIALS TO GRANT THE RIGHTS TO THE SPONSOR DESCRIBED IN THESE RULES, AND CAN MAKE SUCH PERMISSIONS AVAILABLE TO SPONSORS UPON REQUEST;
WARRANTS AND REPRESENTS THAT (a) HIS/HER CONTEST ENTRY MATERIALS ARE ORIGINAL AND HAVE BEEN LEGALLY OBTAINED AND CREATED, AND DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER LEGAL OR MORAL RIGHTS OF ANY THIRD PARTY.
Irrevocably grants to Promotion Entities and their affiliates, legal representatives, assigns, agents and licensees, the worldwide, royalty-free, non-exclusive, sub licensable, unconditional, perpetual and transferable right and license to copyright (only as applicable), reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the Entrant’s name, address, image, likeness, statements, biographical material and Contest Entry Materials, including, but not limited to, the Photographs contained in any of the above items, as well as any additional photographic images and other materials relating to the Entrant and arising out of his/her participation in this Contest (with or without using the entrant’s
name) (collectively, the “Additional Materials”) (in each case, as submitted or as edited/modified in any way, whether by the Promotional Entities, their Licensees, or assigns, in the Promotion Entities’ sole
discretion) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from the Entrant or any other party.
Irrevocably grants to Promotion Entities and their affiliates, legal representatives, assigns, agents and licensees, the worldwide, royalty-free, non-exclusive, sub licensable, unconditional, perpetual and transferable right and license to use the Contest Entry Materials for advertising, promotional or commercial purposes, including without limitation, the right to publicly display, reproduce and distribute the Contest Entry Materials in any media format or medium and through any media channels.
Grants to others: (1) the non-exclusive license to access the Contest Entry Materials through the Contest Site; (ii) the ability for Petaluma360.com registered users (“Petaluma360.com Users”) to rate, review, comment on and tag the Contest Entry Materials; (iii) the ability for Petaluma360.com Users to send and distribute the Contest Entry Materials via e-mail or instant messenger, (iv) the ability to access the Contest Entry Materials via Petaluma360.com web service APIs or via RSS or any similar XML or related feeds.
Forever waives any rights of privacy, intellectual property rights, and any other legal or moral rights that may preclude Promotion Entities’ use of the entrant’s Contest Entry Materials or Additional Materials, or require the Contest Entrant’s permission for Promotion Entries to use them for promotional purposes, and agrees to never sue or assert any claim against the Promotion Entities’ use of those Materials.
Acknowledges and agrees that (a) Sponsor has access to and/or may create or have created literary, visual and/or other materials, ideas and concepts which may be similar or identical to the Contest Entry Materials in theme and/or other respects: (b) the Contest Entrant will not be entitled to any compensation or other consideration because of the use by Sponsor of any such similar or identical material, ideas and/or concepts: and (c) Sponsor’s use of material containing elements similar to or identical with those contained in the Contest Entry Materials or any Photograph shall not obligate Sponsor to negotiate with nor entitle Participant to any compensation or other claim.
Agrees to indemnify and hold the Promotion Entities and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the “Promotion Indemnitees”), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against any of the Promotion Indemnities arising out of or in connection with (a) any Contest Entry Materials or Additional Materials (including, but not limited to, any and all claims of third parties, whether or not groundless, based on the submission of such other material); (b) any breach by Entrant of any warranty, agreement or representation contained in the Official Rules or terms of service or in any documentation submitted by Participant; (c) the entrant’s conduct during and in connection with this Contest, including but not limited to trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation, or (d) the acceptance of any prize.
SPONSOR’S RIGHT TO DISQUALIFY:
At any time during the Contest, Sponsor reserves the right, in its sole and unfettered discretion, to disqualify and remove any Photograph that it believes does not meet the spirit or requirements of the Official Rules.
The decisions of the Sponsor on this and all matter relating to the Contest are final and binding.
WINNER SELECTION PROCESS:
All eligible Photographs will be displayed on the Contest Site starting on May 8, 2009. Between May 8, 2009 and 11:59 PM PT on May 22, 2009, (the “Voting Period”), Participants who have registered at the Contest Site pursuant to Rule 3, will have the opportunity to view and rate Photographs (the “Public Voters”). Public Voters will be asked to rate Photo galleries on a 1 to 5 star rating scale with 1 star being the lowest score and 5 stars being the highest score, based on the Entrants ability to convey the spirit of the category in their Photographs. Three photo galleries receiving the highest number of people voting for them will be declared the winners. In the event of a tie, the tied entries will be voted on by the Public Voters in the same manner, using the same criteria described above.
Voters can only rate each Photo gallery once. Any attempt by a Voter to rate a Photograph more than once will result in disqualification of all ratings and other Voter Activity produced by that Voter.
THREE CASH PRIZES:
The Three Photo galleries with the most votes will each receive US$50 in cash.
Prize consists of only those items specifically listed as part of the prize. No substitution or transfer of prize is permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value in the event that an offered prize is unavailable. All federal, state and local taxes on prizes are the sole responsibility of the winner.
Participant acknowledges and agrees that as a condition of being awarded the US$50 cash, Winner must sign and return, within fourteen (14) days following attempted notification, a standard Release Form. Noncompliance within this time period may result in disqualification and an alternate winner may be selected.
GENERAL RULES:
The Contest is governed by and subject to the laws of the United States.
All federal, state and local laws and regulations apply. Void where prohibited by law. All Prize winners will receive an IRS 1099 for the value of their prizes. By participating in the Contest and/or accepting any prize, participants grant permission to Sponsor and its advertising and promotion agencies to use their name, likenesses, Photographs and any other material submitted in connection with the Contest for purposes of advertising, publicity and promotion purposes, without further compensation to Entrant, unless prohibited by law. Participants agree to be bound by the Official Rules and the decisions of the Sponsor, which are final and binding on all matters relating to the Contest. Sponsor is not responsible for any typographical or other errors in the printing of the offer, administration of the Contest or the announcement of the prizes, or for lost, late, misdirected, damaged, incomplete or illegal entries.
Petaluma360.com reserves the right at its sole discretion to disqualify the Contest Entry or the Vote of any individual found to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest or any Petaluma360.com website; (b) violating the Official Rules; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any Petaluma360.com property or service, or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Further, Petaluma360.com reserves the right to disqualify any entry which, in Petaluma360.com’s sole opinion, is deemed to be offensive, libelous, slanderous, inflammatory, or otherwise inappropriate in any way for this Contest. CAUTION ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, PETALUMA360.COM RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
LIMITATIONS OF LIABILITY:
The Promotion Entities assume no responsibility for any computer, online, telephone transmission or technical malfunctions that may occur during participation in the Contest (including, without limitation, the voting phase of the Contest), or theft, destruction or unauthorized access to, or alteration of, Contest Entry Materials or Votes. Promotion Entities are not responsible for any incorrect or inaccurate information, whether caused by website users, Participants or any of the equipment or programming associated with or utilized in the Contest, or for any technical or human error which may occur in the processing of submissions or votes in the Contest. Promotion Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation of transmission, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing (including but not limited to any such problems which may result in the inability to access the Contest Site or to submit Entry Materials or Votes in connection with the Contest).
Promotion Entities are not responsible for any injury or damage to participants or to any computer related to or resulting from participating or downloading materials in this Contest. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Promotion Entities which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and select winners from among that portion of the Contest that has not been compromised, if any.
DISPUTES/GOVERNING LAW:
Except where prohibited, as a condition of participating in this Contest, Participant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Contest, or any prize awarded, or the determination of winners shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will Participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-pocket expenses (e.g. costs associated with entering this Contest), and Participant further waives all rights to have damages multiplied or increased. In the event of a dispute as to the identity of a winner based on email address, the winning entry will be declared made by the Authorized Account Holder of the email address submitted at time of entry. For purposes of these Official Rules, “Authorized Account Holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g.
business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
All issues and questions rights and obligations of Participant in connection with this Contest shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof and any matters or proceedings which are not subject to arbitration as set forth in these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of California, County of Sonoma.
The parties waive rights to trial by jury in any action or proceeding instituted in connection with these Official Rules and/or this Contest.
Any controversy or claim arising out of or relating to these Official Rules and/or this Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of California, County of Sonoma, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
PRIVACY:
By entering the Contest, you agree to Petaluma360.com’s use of your personal information, as described in the Petaluma360.com’s Privacy Policy, located at www.petaluma360.com.
WINNERS’ LIST/RULES REQUESTS
For a copy of the Official Rules of the winner’s name, send a separate, stamped, self-addressed envelope to:
Petaluma360.com, ATTN: MARKETING, at 427 Mendocino Avenue, Santa Rosa, CA 95401.
Requests received after July 1, 2009 will not be honored.