Photo Contest
Photo Contest Rules & Eligibility
TERMS AND CONDITIONS
I CONSENT to the use of my name, likeness for the purpose of promotion, advertising or trade by the New York State Department of Environmental Conservation (Department), the New York State Office of Parks, Recreation or Historic Preservation (State Parks) or anyone authorized by the Department or State Parks to act on its behalf. “My likeness” includes a photograph, videotape recording, film or artistic rendering of me, a recording of my voice, and/or reproductions of any of these. I agree that the actual material involved, such as a photograph, negative, plate, videotape recording, film, or audio recording is and shall continue to be the property of the New York State Department of Environmental Conservation and the New York State Office of Parks, Recreation and Historic Preservation.
I understand and agree that I will not be compensated in any way for the use of my name and/or likeness by the Department or State Parks. I also understand that the Department or State Parks may incur expenses in connection with the recording or reproduction of my name and/or likeness, and that I am free from any responsibility for these expenses.
I certify that this is my original submission and is not copied from any copyrighted source. I certify that I am the author of the material I am submitting. The Department and State Parks and their partners, affiliates and sponsors may reproduce, distribute, publish, display, edit, modify, create derivative works and otherwise use material for any purpose in any form and on any media.
If a child under the age of eighteen is included in the photograph, film, videotape or recording submitted, I certify and represent that I am either the parent or guardian of such person and give permission for their likeness to be publish or I have the permission of such child’s parent or guardian to photograph, film, videotape or record such child and have permission for their likeness to be published, and that parent or guardian has consented to the aforementioned terms and conditions. If other persons, other than a child, are included in such photograph, film, videotape or recording, I certify and represent that such other person has consented to the use of his or her likeness and agrees to the aforementioned terms and conditions. I understand that the Department and State Parks are relying solely on your certifications and representations that you have sought the proper permissions from other person[s]/parent/guardian.
OFFICIAL CONTEST RULES
MUST BE A LEGAL RESIDENT OF ONE OF THE 50 UNITED STATES OR WASHINGTON D.C., 18 YEARS OLD AND AGE OF MAJORITY OR OLDER, IN STATE OF RESIDENCE. VOID IN PUERTO RICO, ALL U.S. TERRITORIES AND POSSESSIONS AND WHERE PROHIBITED BY LAW.
1. DESCRIPTION OF THE CONTEST: This Contest (the "Contest") will begin on October 15, 2011 and end on November 30, 2011 ("Contest Period"). One (1) Grand Prize and four (4) runners-up (to be described below) will be awarded. Winners will be selected no later than December 31, 2011. Odds of winning depend on the number of eligible entries received during the Contest Period.
2.SPONSORS: The Contest is being sponsored and administered by The Active Network, Inc., 10182 Telesis Court, San Diego, CA 92121, the Department of Environmental Conservation, 625 Broadway, Albany, New York 12233 and New York State Parks, Agency Bldg 1, Empire State Plaza, Albany, NY 12238 (collectively, the "Sponsors”).
3. AGREEMENT TO OFFICIAL RULES: Participation in the Contest constitutes participant’s full and unconditional agreement to and acceptance of these Official Rules. Winning a prize is contingent upon fulfilling, as determined by the Sponsors, all requirements set forth herein.
4. ELIGIBILITY: The Contest is open to legal residents of the United States and Washington, D.C. and who are at least 18 years of age or older at time of entry and the age of majority in participant’s state of residence as of the date of entry to this Contest, except any individuals (including but not limited to employees, consultants, independent contractors and interns) who have, within the past six (6) months from the start of the Contest, held employment with or performed services for The Active Network, Inc. or Department of Environmental Conservation, New York State Parks or a subsidiary, affiliate or successor company of The Active Network, Inc. or Department of Environmental Conservation or New York State Parks (as applicable), and immediate family members or members of the same households (parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses, whether related or not) of such persons at any time during the Contest.
5. HOW TO ENTER: To enter, a participant may visit http://newyorkstateparks.reserveamerica.com/marketing/photo-contest/index.html and do the following: (i) complete the online submission form; and (ii) must upload a photo from a visit to any New York State Park or Department of Environmental Conservation facility within the last year under one (1) of the following six (6) categories: a) camping setup, b) water sports, c) campfire, d) sunrise/sunset, e) seasons, and f) nature.
6. WINNER SELECTION/NOTIFICATION: Participants will be judged based on two (2) criteria: (i) online viewers will be given the opportunity to “like” photo submissions and (ii) the top 10 photos in each category that have received the most “likes” by online viewers will be given to the New York State Park and Department of Environmental Conservation Facility committees to judge the photos based on quality and creativity of the submission. If there is a tie, the committee will consider all photos tied for tenth (10th) place in their selection. Runners-up will be randomly selected among the ten (10) top photo submissions across all six (6) categories (total of 60 photo submissions) by the New York State Park and Department of Environmental Conservation Facility committees. The potential prize winner will be contacted via email and/or certified mail within five (5) business days of date the winner is selected. The potential prize winner will be subject to final verification by the Sponsors. The Sponsors’ decision with respect to the prize winners and other matters pertaining to the Contest shall be final.
Prize winners will be required to provide proof of age and eligibility, within ten (10) days of receipt of prize notification. If a potential winner is unable to be contacted or if a winner fails to complete and return all requested information by the specified date or if a winner fails to comply with any of the requirements, his/her prize will be forfeited and an alternate winner shall be selected. By entering into the Contest, all participants consent to the use of their name, photograph, likeness, biography, voice and/or video for advertising and promotional purposes, including online and on-air announcements, worldwide and without limitation and without additional compensation, except where prohibited by law.
7. PRIZE: The grand prize winner will receive a one week stay at any of the Sponsors’ facilities. The grand prize winner will select from a choice of tent sites, cabins, or cottages by contacting the Sponsors. The total retail value of the prize is up to $2,500.00 USD, actual retail value shall depend on prize winner’s selection. Each runner-up will receive one (1) weekend stay at any one of Sponsors’ campground/tent site facilities. The total retail value of the runner-up prize will not exceed $600.00 USD and is dependent upon prize winner’s selection. Note: Due to availability constraints, all prize winners’ reservations may be booked during the 2013 time period, subject to availability. No assignment, transfer, conversion to cash or cash redemption or substitution of the prize is permitted, except Sponsors reserve the right to substitute the prize with a prize of comparable or greater value should the prize become unavailable. The prize is solely for personal use and may not be used in conjunction with any other contest. All prize details are at the sole discretion of the Sponsors.
8. SUBMISSIONS: Participants represent and warrant that their submission: (i) is their original work, it has not been copied from others, and it does not violate the rights of any other person or entry; and (ii) will not infringe upon the intellectual property rights of any third party, including by way of example and not by limitation, any copyright, trademark or patent rights belonging to any third party.
9. GENERAL CONDITIONS: By entering, participants warrant and represent that participants agree to be bound by these Official Rules (including all eligibility requirements) and the decisions of the Sponsors and Sponsors’ appointed agents, which are final and binding in all respects. By accepting the prize, the winners agree to release, discharge and hold harmless any and all claims against the Sponsors, from and against all liability for any injury, including but not limited to personal injury, bodily injury (including without limitation wrongful death or disability), property damage, or loss or damage of any other kind arising in whole or in part, directly or indirectly, from delivery, non-delivery, acceptance, possession, use of a prize, or from participation in this Contest, or any Contest-related activity, whether or not such injury, loss or damage arises in whole or in part from the negligence of the Sponsors, Sponsors’ affiliates, officers, directors, shareholders, employees, agents and grant to Sponsors the right to publicize such winner's name and/or likeness without additional compensation or consideration unless prohibited by law, and agree that the Sponsors shall not be held responsible for printing or typographical errors in any Contest related materials; stolen, late, lost, garbled, delayed, misdirected, damaged, incomplete, or incorrect, inaccurate transcription or loss of entry information for any reason whatsoever, including without limitation, human error; technical malfunctions; or alteration of entries. Notwithstanding the foregoing, Sponsors’ aggregate liability under these Official Rules shall not exceed $100.
If, in the exclusive judgment of the Sponsors, this contest becomes compromised in any way, Sponsors reserve the right to withdraw the Contest offer, cancel any method of entry, to void any entries submitted fraudulently or select the winner from all eligible entries received prior to any act that compromised the Contest. Any attempt to deliberately damage the operation of this Contest is unlawful and subject to legal action by the Sponsors or Sponsors’ respective agents. Sponsors reserve the right to verify eligibility qualifications of the winner and to disqualify any individual they find acting in violation of the Official Rules. ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. All applicable federal, state and local laws and regulations apply. Void where prohibited by law.
10. DISCLAIMER OF WARRANTIES. THE CONTEST AND PRIZES 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.
11. BINDING ARBITRATION. The parties waive all rights to trial 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, in the County of San Diego and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
12. GOVERNING LAW. These Official Rules shall be governed by the laws of the State of California without regard to conflict of law provisions contained therein. Any matters or proceedings which are not subject to arbitration as set forth in Section 11 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of California, County of San Diego.
13. WINNERS LIST: To request a winners list send a stamped, self-addressed #10 envelope to: New York State Photo Contest, c/o The Active Network, Inc., 10182 Telesis Court, San Diego, CA 92121 by January 15, 2012.
OFFICIAL RULES FOR CANADIAN RESIDENTS (EXCLUDING QUEBEC)
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT AFFECT YOUR CHANCES OF WINNING.
1. ELIGIBILITY: In addition to US residents, as set forth above, the New York State Photo Contest (“Contest”) is only open to individuals who: (a) are residents of Canada (except residents of the Province of Quebec); and (b) are of the age of majority or older in the province or territory of their residence at the time of entry, except for employees, officers, directors, agents and representatives of The Active Network, Inc. or the Department of Environmental Conservation (collectively, the “Sponsors”) and its affiliates (including without limitation its parent, sister and subsidiary companies, partnerships and other commercial entities), its advertising and promotion agencies and any other person directly connected with the production and distribution of or the supply of goods or services in connection with the Contest (collectively, with the Sponsors, hereinafter referred to as the “Released Parties”) and their respective immediate families (mother, father, sister, brother, child, husband or wife, and their respective spouses, regardless of where they reside), and those living in the same household of any such individuals, whether or not legally related.
2. TO ENTER: Between October 15, 2011 and November 30, 2011 (“Contest Period”), eligible individuals may enter the Contest without having to purchase anything by visiting http://newyorkstateparks.reserveamerica.com/marketing/photo-contest/index.html during the Contest Period and do the following: (i) complete the online submission form; and (ii) must upload a photo from a visit to any New York State Park or Department of Environmental Conservation facility within the last year under one (1) of the following six (6) categories: a) camping setup, b) water sports, c) campfire, d) sunrise/sunset, e) seasons, and f) nature.
3. PRIZE: The grand prize winner will receive a one week stay at any of the Sponsors’ facilities. The grand prize winner will select from a choice of tent sites, cabins, or cottages. The total retail value of the prize is up to $2,500.00 USD, actual retail value shall depend on prize winner’s selection. Each runner-up will receive one (1) weekend stay at any one of Sponsors’ campground/tent site facilities. The total retail value of the runner-up prize will not exceed $600.00 USD and is dependent upon prize winner’s selection. Note: Due to availability constraints, all price winners’ reservations may be booked during the 2013 time period, subject to availability. The winner(s) will be solely responsible for all applicable federal, provincial, territorial and local taxes associated with the acceptance and use of any awarded prize.
4. PARTICIPANTS’ AGREEMENT: The submission or attempted submission of an entry for the Contest constitutes the participant’s full and unconditional agreement to these Official Rules and to any decisions made by the Sponsors, all decisions of which pertaining to the Contest shall be final and binding without any right of appeal. Winning a prize is contingent upon participant fulfilling all the requirements of and all terms and conditions provided in the Official Rules.
All entries and any Request for Information and Waiver document provided to the Sponsors become the property of the Sponsors and will not be returned.
5. WINNER SELECTION, ODDS AND SKILL TESTING QUESTION: The Sponsors shall review all eligible entries received by the Sponsors during the Contest Period and will chose the winner in Sponsors’ sole discretion. Participants will be judged on quality and creativity of the submission. Participants will be judged based on two (2) criteria: (i) online viewers will be given the opportunity to “like” photo submissions and (ii) the top 10 photos in each category that have received the most “likes” by online viewers will be given to the New York State Park and Department of Environmental Conservation Facility committees to judge the photos based on quality and creativity of the submission. If there is a tie, the committee will consider all photos tied for tenth (10th) place in their selection. Runners-up will be randomly selected among the ten (10) top photo submissions across all six (6) categories (total of 60 photo submissions) by the New York State Park and Department of Environmental Conservation Facility committees. Odds of winning will depend on the total number of valid entries received during the Contest Period. The potential winner that is chosen must correctly answer a mathematical skill-testing question in order to be eligible to be awarded a prize.
6. NOTIFICATION: The potential winner will be notified, at the Sponsors’ sole option, by means of email or telephone. No winning notification messages will be left on any voicemail or answering machine.
7. VERIFICATION OF THE POTENTIAL WINNER: A participant whose entry is chosen is not considered a winner of any prize unless and until the participant’s eligibility has been verified by the Sponsors, the required mathematical skill-testing question has been correctly answered to the satisfaction of the Sponsors and the participant has been notified that verification has been completed. In this connection, the potential winner will be required to execute and return a Request for Information and Waiver form, including providing the correct answer to the mathematical skill-testing question posed in the form, within ten (10) days of the date that such form is sent by the Sponsors to the potential winner. Non-compliance with the foregoing or with any of these Official Rules, the return to the Sponsors of the prize notification or the Request for Information and Waiver form as non-deliverable or the Sponsors’ inability to contact the potential winner within one (1) month of its first attempt to notify will, at the Sponsors’ sole option, result in disqualification of the potential winner and, at the Sponsors’ sole option, an alternate winner being selected by another draw.
In the event of a dispute over the identity of a potential winner, the entry will be declared made by the authorized account holder of the e-mail address submitted at the time of entry, and the potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of such e-mail address. “Authorized account holder” is defined as the person assigned to an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the email address in question. Proof of sending or submission will not be deemed to be proof of receipt by the Sponsors.
8. LIMITATIONS OF LIABILITY AND RELEASE: The Released Parties are not responsible or liable for: (a) any incorrect or inaccurate information, whether caused by participants, non-authorized human intervention, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (b) technical failures of any kind including, but not limited to, malfunctions, interruptions, or disconnections in phone lines, network hardware or software, cable, satellite, cellular tower, or Internet service provider; (c) bugs, viruses, worms, unauthorized human intervention in any part of the entry process or the Contest or any other causes which impair the fairness, integrity or administration of the Contest (in such event, the Sponsors reserve the right, at its sole option, to modify, terminate or suspend the Contest); (d) typographical, printing, network, mechanical, electronic, technical, human or other errors or malfunctions of any kind relating to or in connection with the Contest including, without limitation, errors or problems which may occur in the administration of the Contest, the processing of entries, the announcement of the prizes or other errors in these Official Rules or in any other Contest-related materials; (e) any liability, loss, injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participant’s participation in the Contest or receipt or use or misuse of any prize; or (f) lost, incomplete, late, misdirected, garbled, undelivered, incomplete, stolen, or mutilated transactions, subscriptions or entries; or garbled, lost, misrouted or scrambled transmissions. (If for any reason a participant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, participant’s sole remedy is another entry in the Contest.)
Each participant agrees to release, discharge, and forever hold harmless the Released Parties and their shareholders from any and all claims, actions, damages, demands, manner of actions, causes of action, suits, debts, duties, accounts, bonds, covenants, warranties, indemnities, claims over, contracts and liabilities of whatever nature or kind arising out of, or in connection with, the participant’s participation or attempted participation in the Contest, compliance or non-compliance with these Official Rules and the acceptance and use of the prize and, if selected as a potential winner, to sign and deliver the Request for Information and Waiver form before receiving his/her prize. Each participant acknowledges that the Sponsors shall not be required under any circumstances to award more prizes than the number of available prizes as set out in these Official Rules.
9. CAUTION: Any attempt by any person(s) to damage any website or undermine the legitimate operation of this Contest is a violation of criminal and civil laws and, should such an attempt be made, the Sponsors reserve the right to seek damages and/or other remedies (including attorneys’ fees) from any such person(s) responsible for the attempt to the fullest extent permitted by law.
10. DISPUTES: Except where prohibited by law, participants agree that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the Courts of the Province of British Columbia; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, and in no event shall any participant be entitled to obtain attorneys’ fees or other legal costs; (c) under no circumstances will participants be permitted to obtain awards for, and participants hereby waive, to the extent permitted by applicable law, all rights to claim indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased; and (d) all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participants and the Contest Organizers in connection with the Contest, shall be governed by, and construed in accordance with the laws of the Province of British Columbia, without giving effect to any choice of law or conflict of law rules (whether of the Province of British Columbia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Province of British Columbia.
11. TRADEMARKS: Unless noted otherwise, all trademarks used herein are the property of the Sponsors.
12. WINNERS’ LIST: For a complete list of the names of the winners (available after December 31, 2011) send a self-addressed, postage pre-paid envelope to: New York State Photo Contest, c/o The Active Network, Inc., 10182 Telesis Court, Dept. 1107, San Diego, CA 92121. All winners’ list requests must be received prior to January 15, 2012. Unless otherwise expressly provided in these Official Rules, no communications or correspondence in relation to the Contest will be exchanged with participants except for a participant whose name has been selected in the draw.
13. GENERAL: No substitutions, transfers or cash redemptions of any prize are permitted, except by the Sponsors which reserve the right, at its sole option, to substitute the identified prize for a prize of comparable or greater value. Participants agree that the Sponsors and its designees shall have the right and permission to broadcast, publish and otherwise use the winner’s name, address of residence, statements regarding the Contest, image, voice and/or likeness for advertising, promotional and/or any other purpose in any and all media now or hereafter devised worldwide in perpetuity without additional compensation, notification or permission, unless prohibited by law. This Contest and all entries are subject to all applicable federal, provincial, territorial and local laws and regulations. Void where prohibited by law.
14. PERSONAL INFORMATION: Unless the participant has otherwise authorized the Sponsors or another entity related to the Sponsors to contact him or her, the personal information gathered about participants in connection with the Contest will be used solely for the administration of the Contest and is subject to the Sponsors’ privacy policy http://emarketing.activenetwork.com/Page439.aspx, and no communication unrelated to the Contest, commercial or otherwise, will be sent to the participant by the Sponsors. Sponsors: The Active Network, Inc., 10182 Telesis Court, San Diego, CA 92121, New York State Parks, Agency Bldg 1, Empire State Plaza, Albany, NY 12238 and Department of Environmental Conservation, 625 Broadway, Albany, New York 12233