Mountain magazine’s #mountainmoment Photo Contest 2015
Important: Please read these Official Rules before entering this online contest promotion (the “Promotion”). By clicking on the “Submit” button below, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.
PURCHASE OR PAYMENT IS NOT NECESSARY TO ENTER OR WIN THIS PROMOTION. UNLIMITED PHOTO ENTRIES PER PERSON.
1. Eligibility. PROMOTION VOID WHERE PROHIBITED. PROMOTION OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES (EXCLUDING FLORIDA AND RHODE ISLAND) AND THE DISTRICT OF COLUMBIA OR CANADA (EXCLUDING QUEBEC), AGE 18 OR OLDER. IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE, AND MOUNTAIN MEDIA, (“SPONSOR”) RESERVES THE RIGHT NOT TO AWARD PRIZES TO YOU. To be eligible to win a prize, entries must be completed and received by Sponsor in the format designated below. Directors, officers and employees of Sponsor and any of their respective parent companies, affiliate companies, subsidiaries, agents, professional advisors, advertising/marketing and promotional agencies, and immediate families of each are not eligible to win any prizes. All applicable federal, state and local laws and regulations apply. Unlimited photo entries per person. If any entrant is found to have used multiple or different email or Facebook accounts, or other applicable accounts to submit more than one total entry per person, such entrant will be disqualified.
2. Disclaimer. Sponsor, Facebook, Inc., Instagram, Twitter and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees, agents, and advertising/marketing and promotion agencies (collectively, the “Released Parties”) will not be responsible for: (a) any late, lost, misrouted, incomplete, illegible, garbled, distorted, or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Promotion disruptions, injuries, losses, or damages caused by events beyond the control of Sponsor or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Promotion.
3. Promotion Period. The Promotion starts at 12:01 a.m. (all times Mountain Time) on JANUARY 13, 2015 and ends at 11:59 p.m. on FEBRUARY 21, 2015 (the “Promotion Period”). All entries must be received during the Promotion Period to be eligible to win a prize.
4. Prizes. Prizes will be awarded as follows:
a. Grand Prize: As selected by a panel of Judges, contest-winning photo featured in the Gallery 2015 digital edition, one (1) GoPro Hero4 camera, and a Mountain-branded swag bag.
b. Top 10 Photos: As selected by a panel of Judges, one (1) photo per entrant featured in a slideshow feature in the Gallery 2015 digital edition and Mountain-branded swag.
5. Odds; Taxes; Etc. Odds of winning a prize depend on number of eligible entries received. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER. All prizes will be awarded.
Prizes returned as undeliverable or otherwise not claimed within two (2) days after delivery of notification will be forfeited and awarded to an alternate winner. Prizes are not transferable. No substitutions or exchanges (including for cash) of any prizes will be permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value for any prize. Limit one (1) prize per household or address. All prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
6. Identity of Entrant. In the event of a dispute about the identity of the entrant, entries made online will be declared made by the authorized account holder of the e-mail address and social media handle submitted at time of entry. An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The potential winner may be required to provide Sponsor with proof that the potential winner is the authorized account holder of the e-mail address and social media handle associated with winning entries.
Contest consists of two (2) rounds of evaluation. In Round One, each judge in a panel of photographic experts (at least one of whom will be independent of Sponsor) (“Judges”) will select eleven (11) entries from among all eligible entries based on the following criteria (“Judging Criteria”): (1) Creativity; (2) Photographic quality; (3) Genuineness/Authenticity of the content. In Round 2, Judges will evaluate selected photos from Round One and choose a Grand Prize Winner based on the Judging Criteria. Decisions of the judges are final and binding.
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 Mountain 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.
9. How to Enter. To enter, follow the steps detailed below to enter through the following method during the Promotion Period:
a. Online Method
· Go to the official #mountainmoment Photo Contest 2015 page.
· Complete and submit online entry form with all required information, including accepting official Terms & Policies (see this document).
· Tag photo on Facebook, Twitter, or Instagram with #mountainmoment.
*Unlimited photo submissions. If multiple emails or Facebook accounts are found to be used, entry will be disqualified.
*All requested contact information must be provided for your entry to be valid, including social media handle so that photo entry may be identified. Entries will not be returned. All entrants and entries are subject to verification. By entering the Promotion, you consent to being placed on a mailing list for newsletter, promotional and other purposes.
*Entrant is advised to keep a high resolution (300 dpi) image file of submitted photos in the event submission has won.
10. Promotion Rules. Prizewinners will be chosen by a panel of Mountain magazine editors (“Judges”). Prizewinners will be notified via email within 14 days of Promotion Period end. To claim the prize, potential winners should follow the instructions contained in their notification.
11. No Facebook, Instagram, or Twitter Endorsement. This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Inc., Twitter, or Instagram. You understand that by participating, you are providing your information to Sponsor, not to Facebook, Instagram, or Twitter. You understand that by using and interacting with any of these social media sites, you are subject to the terms, conditions, and policies that govern their use. You should therefore review the applicable terms and policies for, including privacy and data gathering practices, before using or interacting.
12. General Release. By entering the Promotion, you release the Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Promotion or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (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 other theory.
13. LIMITATION OF LIABILITY. IN NO EVENT WILL SPONSOR, SPONSOR PARTNERS, OR ANY RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM ENTRANT’S PARTICIPATION IN THIS PROMOTION, INSTALLATION OF ANY PRIZE, OR USE OF OR INABILITY TO USE ANY PRIZE, EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING PROVIDED FOR THE PROMOTION, INCLUDING, WITHOUT LIMITATION, ALL PRIZES, INCLUDING THE TRIP, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
14. Use of Winner Name, Likeness, Winner Photo, etc. Except where prohibited by law, entry into the Promotion constitutes permission for Sponsor, and their advertising, marketing or promotional agencies, to use each winner’s name, Facebook name, likeness, city/state of residence, biographical information, and/or prize information, without limitation, for advertising and promotional purposes without further permission or compensation. As a condition of being awarded any prize, except where prohibited by law, winners may be required to execute a consent to the use of their name, social media name/handle, likeness, city/state of residence, biographical information, and/or prize information, without limitation, for advertising and promotional purposes without further permission or compensation.
15. Affidavit & Release. As a condition of being awarded any prize, winners will be required to execute and deliver to Sponsor a signed affidavit of eligibility and acceptance of these Official Rules and release of liability, and any other legal, regulatory, or tax-related documents required by Sponsor in its sole discretion.
16. Winner List; Rules Request. For a copy of the winner list, send a stamped, self-addressed, business-size envelope after January 1, 2015 and before April 1, 2015 to Sponsor at the address listed below.
Attn: Mountain magazine’s #mountainmoment Photo Contest 2015
5400 Mt Meeker Rd
Boulder, CO 80301
To obtain a copy of these Official Rules, send a stamped, self-addressed business-size envelope to Sponsor at the address listed below,
Attn: Mountain magazine’s #mountainmoment Photo Contest 2015
5400 Mt Meeker Rd
Boulder, CO 80301
17. Intellectual Property Notice. Promotion materials are copyright © 2015 by Mountain Media. All rights reserved.
18. Arbitration; Governing Law. PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES INDIVIDUALLY AND PREVENTS YOU FROM SUING IN COURT OR HAVING A JURY TRIAL. Any dispute, claim, or controversy arising out of or related to the Promotion or these Official Rules and the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the determination of the scope or applicability of this agreement to arbitrate, will be determined by arbitration. Notwithstanding the preceding sentence, neither you nor Sponsor is required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. The state or federal courts in BOULDER COUNTY, CO will have exclusive jurisdiction over any suit not subject to arbitration. You and Sponsor will (a) notify each other of any dispute within 30 days of when it arises and (b) attempt informal resolution prior to any demand for arbitration. Arbitration will be administered by JAMS (or its successor) pursuant to its Streamlined Arbitration Rules and Procedures, and conducted by a single arbitrator in BOULDER COUNTY, CO, unless the arbitrator determines differently. Except as expressly provided herein, the arbitrator has the authority to grant any remedy that would otherwise be available in court. The parties will implement the JAMS Optional Arbitration Appeal Procedure with respect to any any final award. The Promotion and these Official Rules, including any disputes hereunder, will be governed, construed and interpreted under the laws of the State of COLORADO, U.S.A, without giving effect to any conflict of laws principles. Whether the dispute is heard in arbitration or in court, you and Sponsor will not commence against the other a class action, class arbitration, or other representative action or proceeding.
19. Miscellaneous. Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Promotion or any entrant’s participation in the Promotion should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor’s control affect the administration, security, fairness or proper play of the Promotion, or Sponsor otherwise becomes (as determined in its sole discretion) incapable of running the Promotion as planned. In the event that Sponsor suspends or cancels the Promotion for any of these reasons, Sponsor may award prizes in a random drawing from all eligible entries received up to the date of cancellation or suspension. Entrants who violate these Official Rules, violate any law, rule or regulation in connection with participation in the Promotion, tamper with the operation of the Promotion or engage in any conduct that is detrimental or unfair to Sponsor, the Promotion, or any other entrant (in each case as determined in Sponsor’s sole discretion) are subject to disqualification from the Promotion. 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 Promotion. If you have any questions about these Official Rules or the Promotion, please send written questions to the address listed below, Attn: Winning with winter Facebook sweepstakes Questions.
20. Sponsor: Mountain magazine, 5400 Mt. Meeker Rd. Boulder, CO, 80301