**The following promotion is intended for viewing in the 50 United States and D.C. only and
will be construed and evaluated according to United States laws. Do not proceed in this
site if you are not a legal resident of the 50 United States and D.C., 21 years or older, and
accessing this site in the United States.**
HUNT FOR AMERICANA PHOTO CONTEST
OFFICIAL RULES – NO PURCHASE NECESSARY
TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND D.C., 21 YEARS OF AGE OR OLDER AT TIME OF ENTRY. VOID IN PUERTO RICO AND WHERE PROHIBITED.
1. How to Enter: Beginning at 12:00 p.m. (Noon) Eastern Time (“ET”) on October 15, 2014 until 5:00 p.m. ET on December 5, 2014 (the “Promotion Period”), you may enter the Hunt for Americana Photo Contest (the “Promotion”) by visiting the Great American Country website (www.greatamericancountry.com/photohunt) (the “Website”) and completing the online entry form and submitting a Submission (as defined below). All entries must be received by 4:59:59 p.m. ET on December 5, 2014 to be eligible. Each entry must also include entrant’s (“Entrant”) full name, age, address, phone number (including area code), and e-mail address. Bonnier Corporation dba Popular Photography Magazine (“Sponsor”) will not verify receipt of entries.
2. Submission Requirements: Submissions for the Promotion must consist of a digital photograph taken by Entrant that displays a landscape, place or object that evokes American nostalgia, celebrates vintage American icons and harkens back to a simpler time (collectively, the “Submissions” and each, a “Submission”). Each Submission should be in .jpg or .png format, and should not be larger than 10 megabytes. All Submissions become the property of Sponsor and will not be returned. If you are selected as a prospective winner, you will be required to execute and return releases and additional documentation supplied by Sponsor in accordance with Sponsor’s instructions or such prospective finalist will be disqualified. Incomplete and/or late Submissions will also be disqualified.
Completed Submissions that are created and received within the above-mentioned guidelines shall collectively be referred to herein as the “Eligible Entries”. Submissions that are not your original work and/or illegible or incomplete application forms will not be accepted. Sponsor reserves the right to reject any Submissions that it deems, in its sole discretion, to violate any of the policies of Sponsor’s customary standards and practices.
Limit of three (3) entries per eligible person during the Promotion Period. Multiple participants are not permitted to share the same email address. Any attempt by you to obtain more than three (3) entries by using multiple/different email addresses, identities, registrations or logins, or any other methods, may void your entries and you may be disqualified from the Promotion. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, contest entry services) will void all entries by you. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the Entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holders.
The Submission must not include: (a) content that violates any third-party rights, including, but not limited to, copyrights or trademark rights; (b) defamatory language; (c) threatening language; (d) language that is sexually explicit, obscene, or indecent; (e) language that promotes alcohol, tobacco, or drug use; or (f) any other language that Sponsor determines is not reasonably related to the Promotion.
3. Representations and Warranties: By submitting a Submission, you represent and warrant that: (a) the Submission is an original work created solely by you; (b) you own all rights to the Submission; (c) the Submission complies with all requirements of these Official Rules; and (d) you understand that other Entrants may submit Submissions that are identical to yours and that you shall not have any claim against any other Entrant or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity.
4. Eligibility: This Promotion is open only to legal residents of the 50 United States and D.C. who are 21 years of age or older at time of entry, except employees and members of their households and immediate families (spouses, parents, siblings, children and each of their respective spouses) of the Promotion Entities (as defined below) and their respective parent companies, subsidiaries, and affiliates, and their advertising and promotion agencies and all local sponsors.
6. Limitations of Liability: Sponsor, Scripps Networks, LLC dba Great American Country (“Great American Country”), and other participating sponsors (collectively with Sponsor, the “Promotion Entities”), their respective affiliates, subsidiaries, parent, advertising and promotion agencies, and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to your or any other person’s computer relating to or resulting from participation in this Promotion; inability to access the Website; theft, tampering, destruction, or unauthorized access to, or alteration of entries; transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any web site; printing or other errors; and any entries that are late, lost, incomplete, misdirected, stolen, mutilated, illegible or postage due, or any combination thereof. Online submission is not considered proof of delivery or receipt. All entries become the property of Sponsor and will not be returned.
By entering, all you also agree to release, discharge, indemnify and hold harmless the Promotion Entities and their respective parent companies, subsidiaries, their respective representatives and agents, advertising and promotion agencies, promotion partners and prize suppliers, and all of their respective affiliated companies, employees, officers, directors and shareholders, from and against all claims and damages or liability arising in connection with your participation and/or entry in the Promotion and/or your receipt or use of any prize awarded in this Promotion or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Promotion-related activity or participation in this Promotion.
Any and all warranties and guarantees are subject to the respective manufacturer’s terms. Except where prohibited by law, the winner’s entry and acceptance of the prize constitutes permission for the Promotion Entities to use said winner’s names, photographs, likenesses, statements, biographical information, voices, and city and state addresses on a worldwide basis, and in all forms of media, in perpetuity, without further compensation. No more than the advertised number of prizes will be awarded. You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived.
You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
7. How Winner will be Determined: After the Promotion Period, a panel of judges selected by Sponsor will evaluate all Submissions and select forty (40) finalists (the “Finalists”), with ten (10) Finalists being selected from each of the following U.S. regions:
Northeast (Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, Pennsylvania, New Jersey)
Midwest (Wisconsin, Michigan, Illinois, Indiana, Missouri, North Dakota, South Dakota, Nebraska, Kansas, Minnesota, Iowa)
South (Delaware, Maryland, District of Columbia, Virginia, West Virginia, North Carolina, Georgia, Florida, Kentucky, Tennessee, Mississippi, Alabama, Oklahoma, Texas, Arkansas, Louisiana)
West (Idaho, Montana, Wyoming, Nevada, Utah, Colorado, Arizona, New Mexico, Alaska, Washington, Oregon, California, Hawaii).
Finalists will be selected based on the following judging criteria: (a) 20% based on skill; (b) 20% based on adherence to the theme; (c) 20% based on composition; (d) 20% based on color; and (e) 20% based on nostalgia. The Finalist with the highest scoring Submission from each region will be a Grand Prize Winner (each a “Grand Prize Winner”), and the Finalist with the second-highest scoring Submission
from each region will be a Runner-Up Prize Winner (each a “Runner-Up Prize Winner”). In the event of a tie, ties will be broken based on the adherence to the theme criteria score. If a tie still remains, the tie will be broken based on the composition score. Sponsor’s decisions with respect to the winners and other matters pertaining to the Promotion shall be final.
8. Prize Conditions: A prospective winner may be required to sign an affidavit of eligibility and release of liability and publicity (where permitted), and return same, properly executed, within five (5) days of issuance of prize notification. If Sponsor is unable to contact the prospective winner within three (3) days from first notification attempt, if the prospective winner fails to complete and return all requested forms by the specified date, or if the prospective winner fails to comply with any of the requirements, his/her prize will be forfeited and an alternate prospective winner shall be selected by selecting the next-highest scoring Submission.
Prior to selection of the winners, Entrants and/or their Submissions may be featured on the Website; however, in no way shall such promotion influence the selection of the winners. Any winner will be notified by email, telephone, and/or overnight mail delivery on a date on or around January 28, 2015 to be determined by Sponsor. Limit of one (1) prize per Entrant.
9. License of Submissions: By entering, you grant to the Promotion Entities a non exclusive, worldwide, royalty-free license to edit, publish, promote, republish at any time in the future and otherwise use your Submission, along with your name and likeness, in any and all media for any purpose, without further permission, notice or compensation (except where prohibited by law).
10. Conditions of Entry: Entry materials that have been tampered with or altered are void. If, in the judge’s or Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Promotion, the judges reserve the right at their sole discretion to disqualify any individual who tampers with the entry process and void any entries submitted fraudulently, to modify or suspend the Promotion, or to terminate the Promotion and proceed with the judging process, as outlined in the “How Winner will be Determined” section to award the prizes using all eligible, non-suspect entries received as of the termination date. Should the Promotion be terminated prior to the stated expiration date, notice will be posted on the Website. In the event of a dispute as to the identity of the winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. CAUTION: ANY
ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Grand Prizes: Each Grand Prize Winner shall win: (i) a one-year photography contract with Great American Country for $5,000 (additional terms to be determined by Great American Country in its sole discretion); (ii) a photography profile in Popular Photography Magazine; (iii) a five-year subscription to Popular Photography Magazine; and (iv) a Great American Country prize pack. Approximate retail value (“ARV”) of the Grand Prize: $5,250.
Runner-Up Prizes: Each Runner-Up Prize Winner shall win: (i) $500 cash (presented in the form of a check); (ii) a one-year subscription to Popular Photography Magazine; (iii) Great American Country apparel; and (iv) a photograph feature on GreatAmericanCountry.com. ARV of the Runner-Up Prize: $520.
Total ARV of all prizes: $23,080.
The specifics of all aforementioned elements of the prizes in the Promotion shall be solely determined by Sponsor. All costs, taxes, fees, and expenses associated with any element of any prize not specifically addressed above are the sole responsibility of the respective winner. All federal, state and local taxes on prizes are the prize winner’s responsibility. Winner will be issued a 1099 tax form for the actual value of the respective prize.
Prizes cannot be transferred, substituted, or redeemed for cash except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize, or portions thereof, with a prize of equal or greater value.
12. Disputes/Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these rules, or the rights and obligations of you or the Promotion Entities in connection with the Promotion, shall be governed by and construed in accordance with the laws of the State of Tennessee without giving effect to any choice of law or conflict of law rules or provisions which would cause the application or the laws of any jurisdiction other than the State of Tennessee. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in Knox County, Tennessee, and you expressly consent to the jurisdiction of and venue in such courts and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, shall be resolved individually, without resort to any form of class action. You agree to service of process by mail or other method acceptable under the laws of the State of Tennessee. ANY
CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. YOU (AND THEIR PARENTS OR LEGAL GUARDIANS IF YOU ARE A MINOR) HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, IDENTIFIABLE PERSONS, OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
13. Winner List: Beginning on or about February 16, 2015 you may obtain the name of the winners by going to the Website.
14. Sponsor: Bonnier Corporation dba Popular Photography Magazine, 2 Park Avenue,
New York, NY 10016.