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GADLING'S FOOD PHOTO CONTEST OFFICIAL RULES
NO PURCHASE REQUIRED TO ENTER OR WIN
2. SPONSOR: The Contest is Sponsored by Weblogs, Inc. LLC, 770 Broadway, New York, NY 10003 ("Sponsor").
3. AGREEMENT TO OFFICIAL RULES: Participation in the Contest constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. ENTRY PERIOD: The Contest begins at 9:00 am ET on July 5, 2010 and ends at 5:00 pm ET on July 12, 2010 (the "Entry Period").
5. ENTRY: During the Entry Period, go to http://www.gadling.com/2010/06/30/food-glorious-food-photography-contest-presented-by-tamrac/ and leave a comment with a link to your online personal photo of food from your travels. Submission will result in one (1) entry. Limit one (1) entry per person. The use of any agencies or automated software to submit entries will void all entries submitted by that person.
Sponsor shall have the right to disqualify any entries that they deem to be obscene, vulgar, sexually explicit, lewd, derogatory, inappropriate, or otherwise not in good taste, as determined by the Sponsor in its discretion. By submitting an Entry you hereby grant the Sponsor, its affiliates, subsidiaries, assigns, licensees, and legal representatives the irrevocable, perpetual, worldwide right to use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the Entry (as such may be edited and modified by the Sponsor in its discretion) for editorial, commercial, promotional and all other purposes including posting on any websites. Submissions must be 100% your original work, and must not contain any third party material or content (including but not limited to any company logos or trademarks, likenesses, or any other copyrighted or trademarked content) for which you have not been granted specific written permission for this use by the copyright or trademark rights holder. You retain ownership of all right, title, and interest in and to your Submission. All elements of your Submission must be your original work and must be owned by you, and you must have the right to grant any and all necessary rights and licenses, including without limitation, all necessary copyright and other related rights to all of the materials, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity. Your Submission should not include the likeness of a third party, unless permission of said third party has been given, or contain elements not owned by you (including but not limited to trademarks or logos). By submitting your Submission, you agree to release and hold harmless the Contest Entities and their officers, directors, employees, and agents from and against any claim or cause of action arising out of your Submission or your participation in any phase of this Contest.
Disclaimer of Similarities: Due to the nature of this Contest, there is a possibility that similar photographs may be submitted by multiple individuals. Any similarity between Submissions shall in no way entitle you to any consideration or compensation from the Sponsor or from any third party, including in the event a Submission similar or identical to yours is selected as a winner in this Contest. By submitting your Submission, you specifically acknowledge this possibility and agree to the terms stated in these Official Rules.
6. JUDGING: A panel of judges (the "Judges") will select fifteen (15) Finalists based equally on the following criteria (the "Judging Criteria"): creativity, beauty, composition, and theme. In the event of a tie, the submissions involved in the tie will be reviewed by an additional judge according to the Judging Criteria. Decisions of judges in are final. In the event an insufficient number of qualified eligible entries are received during the Entry Period, Sponsor reserves the right to select less than fifteen (15) Finalists.
7. VOTING: From 9:00 am ET on July 19, 2010 until 5:00 pm ET on July 23, 2010, the Finalists (as selected by the judges) will be posted at http://www.gadling.com/2010/07/19/food-glorious-food-photo-contest-finalists-announced-vote-here/ for public voting. Users will be allowed to vote for their three (3) favorite photos. The three (3) submissions receiving the most votes will be declared the potential Grand, First and Second Prize Winners. In the event of a tie, the judges will select the winner. The use of any agencies or automated software to submit votes will void all votes submitted by that person.
8. NOTIFICATION OF WINNERS: Potential winners will be contacted via email and will be asked to provide their full name, age and mailing address within a specified time period. If a potential winner does not respond within the timeframe stated in the notification email, the Sponsor may select an alternate potential winner in his/her place.
9. REQUIREMENTS OF THE POTENTIAL WINNERS: Except where prohibited, the potential winners (or, if winner is deemed a minor in his/her state of residence, his/her parent or legal guardian) may be required to complete and return an affidavit of eligibility and liability/publicity release (the "Affidavit/Release") within seven (7) days of being notified. If a potential winner fails to sign and return the Affidavit/Release within the required time period, the prize will be forfeited and may be awarded to an alternate winner. Acceptance of a prize constitutes consent to use winner's name and likeness for editorial, advertising and publicity purposes without additional compensation, except where prohibited by law.
10. PRIZES: One (1) Grand Prize Winner will receive a Nikon L110 digital camera, a Tamrac Aero 70 photo backpack and a Tamrac Zipshot tripod. Approximate Retail Value (ARV) of Grand Prize is $405. One (1) First Prize Winner will receive a Tamrac Aero 70 photo backpack and a Tamrac Zipshot tripod. ARV of First Prize is $145. One (1) Second Prize Winner will receive a Tamrac Zipshot tripod. ARV of Second Prize is $60. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason as determined by the Sponsor in its sole discretion. The winners are responsible for any taxes and fees associated with receipt or use of a prize.
11. GENERAL CONDITIONS: In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes from among the eligible entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In case of a dispute as to the owner of an entry, entry will be deemed to have been submitted by the authorized account holder of the screen name from which the entry is made. The 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 responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
12. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Contest, entrants agree to release and hold harmless Contest Entities from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Contest or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest or receipt of any prize. Entrant further agrees that in any cause of action, the Sponsor's liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Sponsor be liable for attorney's fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
13. DISPUTES: Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the Commonwealth of Virginia. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant's rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Virginia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Virginia.
14. CONTEST RESULTS: To request the names of the winners, send a self-addressed stamped envelope to Gadling Food Photo Contest Winners, AOL, 22070 Broderick Dr – 12E:D01, Dulles, VA 20166. Requests must be received by July 31, 2010.