Official Rules for Red Rocks 75 th Photo Celebration Contest

Transcription

1 Official Rules for Red Rocks 75 th Photo Celebration Contest These are the Official Rules ( Official Rules ) governing Red Rocks 75 th Photo Celebration Contest (the Contest ). If you have a question, please socialmedia@redrocksonline.com. Note: Red Rocks 75 th Photo Celebration Contest is in no way sponsored, endorsed by, or associated with Facebook, Twitter, or Instagram. 1. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. 2. Timing Disclosure: Up to two (2) winners (the Winner(s) ) will be selected per week, starting April 8 and ending October 7 ( Contest Period ), for a total of thirty-eight (38) potential winners. Each weekly winner will win two (2) tickets to a Red Rocks event (the Prize ) 3. Eligibility: Entrants must be legal U.S. residents over 18 years old to participate. Contest is void where prohibited by law. Employees or anyone otherwise affiliated through any type of employment or contractual arrangement with the Contest, Denver Arts & Venues ( DAV ), or the City & County of Denver (the City ), and their immediate families and members of their households, are all ineligible to participate in the Contest. 4. How to Play: Post your photo on the Red Rocks Facebook Page ( or your public Twitter or Instagram accounts using the hashtag #RedRocks75 during the Contest Period. If you do not have a Facebook, Twitter, or Instagram account, you can create one by downloading the free app onto your mobile device or visiting the website for Facebook, Twitter, and/or Instagram and following the on-screen instructions to create a new account. By submitting an entry to the Contest via Facebook, Twitter, or Instagram you agree to abide by the terms of service of the social media platform. Facebook, Twitter, and Instagram are not responsible for the Contest and it is the sole property of DAV and the City. You may also participate in the Contest by sending a non-returnable hardcopy of a photo. If submitted via mail, the photo may be scanned and posted to DAV s social media accounts. Along with your photo, please also include your name, , and phone number with your submission. To participate by mail, send your entry to: Denver Arts & Venues ATTN: Red Rocks 75 th Photo Celebration Contest 1345 Champa Street Denver, CO 80204

2 Entrants must be the owner of the photograph they submit and have permission from anyone else depicted in order to use the photo in the Contest. The photo must not contain copyright, trademark, or other material that violates the rights of any third party. By submitting a photo, entrant certifies that the photo is his or her property. Entrants represent and warrant that their submission is the original work of such entrant, it has not been copied from others, and it does not violate the rights of any other person or entity. Normal message and data rates apply to use of mobile devices used in relation to Contest entry. You may be charged by your wireless carrier for sending your entry via mobile device. Check your wireless carrier s terms and conditions of your service agreement with your wireless carrier before participating via mobile device. 5. Ownership & License: All entry materials become the property of DAV and/or the City and will not be acknowledged or returned. The copyright in any entry shall remain the property of the entrant, but entry into the Contest constitutes entrant s irrevocable and perpetual permission and consent, without further compensation, with or without attribution, to use, reproduce, print, publish, transmit, distribute, sell, adapt, enhance, alter, or display such entry for any purpose by DAV and the City and/or others authorized by DAV and the City in any and all media now in existence or hereinafter created, for the duration of the copyright in the entry. DAV may use a social media aggregate feature to compile photos for DAV display. DAV and/or others authorized by DAV shall have the right to edit, adapt, and modify the entry. NOTICE: Your photo may be collected via a social media aggregate feature for use in a collage poster to be sold by the City created to commemorate Red Rocks 75 th Anniversary without attribution or compensation. You will be notified if your photo is selected for the collage poster use. Entrant must provide accurate and complete information confirming: (1) entrant is the sole authorized owner of the picture he or she submits; (2) entrant is the owner of all rights necessary to license to DAV and/or the City the use and possession of the entry upon its submission; (3) entrant has secured irrevocable consent from all individuals appearing in the Entry for use of their likeness per the terms of to these Official Rules; and (4) entrant represents and warrants that he or she has all rights, power, and authority necessary to grant the rights herein to any entry submitted. 6. Disqualification: All entries will be deemed submitted by the authorized account holder of the Facebook, Twitter, or Instagram account used to submit the entry. Authorized Account Holder is defined as the person who is assigned to the related Facebook, Twitter, or Instagram account. DAV, in its sole discretion, reserves the right to disqualify any person involved in a dispute or any person tampering with the entry process or operation of the Contest. 7. Transfer: DAV is not required to transfer, substitute or provide a cash equivalent for the awarded Contest prize. All federal, state, or other tax liabilities (including income taxes), and any other subsequent expenses or obligations are the sole responsibility of each Winner. Any portion of the Prize that is not redeemed or used is forfeited. The estimated value of the Prize is between $24 and $200.

3 8. Winner Selection: The Winners of the Contest will be selected by DAV personnel based on entries obtained via the official submission process outlined in Paragraphs 2 and 4 above on a weekly basis on Fridays. 9. Prize Conditions: Potential Winners will be required to execute an Affidavit of Acceptance of the Official Rules (the Affidavit ). If a potential Winner fails to execute the Affidavit at the time he/she picks up the Prize, is found to be ineligible, or does not comply with the Official Rules, then the potential Winner is disqualified. All federal, state, or other tax liabilities (including income taxes) arising from the Contest will be the sole responsibility of each Winner. Except where prohibited by law, the potential Winner s entry and acceptance of the Prize constitutes permission for DAV to use said Winner s name, initials, photograph, likeness, statements, biographical information, and city and state address on a worldwide basis, and in all forms of media, in perpetuity without further compensation or notice. 10. Contest Conditions: This Contest is subject to all federal, state, and local laws. By participating, entrants agree to be bound by these Official Rules and waive any right to claim ambiguity in the Prize of these Official Rules. Once Notification of Winning has been sent, the Contest Winners will be ineligible to win another prize through DAV for thirty (30) calendar days from the notification date. Employees or anyone otherwise affiliated through any type of employment arrangement with the Contest, DAV, or the City, and their immediate families and members of their households, are all ineligible to participate in the Contest. 11. Indemnification: Entrants agree to release, discharge, indemnify, defend, and hold harmless DAV and the City, its officials and employees, from and against any claims, suits, damages, or liability of any kind or nature 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 property ( Claims ) resulting from participation in this Contest, unless such Claims have been specifically determined by the trier of fact to be the sole negligence or willful misconduct of DAV and the City. This indemnity shall be interpreted in the broadest possible manner to indemnify DAV and the City for any acts or omissions of entrant either passive or active, irrespective of fault, including DAV and the City s concurrent negligence whether active or passive, except for the sole negligence or willful misconduct of DAV and the City. Entrant will further indemnify, defend and hold DAV and the City harmless from and against any claims, losses, damages, liabilities or expenses (including reasonable attorneys fees and expenses) arising out of or resulting from any third party claim that the Entry, when used by DAV and the City in accordance with the Contest Rules, infringes, misappropriates or violates any United States copyright, trademark, trade secret or other intellectual or proprietary right of any third party. If an injunction or order is obtained against DAV and/or the City s use of the entry materials by reason of a claim of the type described above, or if in Entrant s opinion, the entry is likely to become the subject of such a claim, Entrant shall take all necessary action to correct any such infringement or misappropriation to give DAV and the City the right to continue using the entry materials.

4 Entrant s duty to defend and indemnify DAV and the City shall arise at the time written notice of the Claim is first provided to DAV and the City regardless of whether Claimant has filed suit on the Claim. Entrant s duty to defend and indemnify DAV and the City shall arise even if DAV and the City is the only party sued by claimant and/or claimant alleges that DAV and the City s negligence or willful misconduct was the sole cause of claimant s damages. Entrant will defend any and all Claims which may be brought or threatened against DAV and the City and will pay on behalf of DAV and the City any expenses incurred by reason of such Claims including, but not limited to, court costs and attorney fees incurred in defending and investigating such Claims or seeking to enforce this indemnity obligation. Such payments on behalf of DAV and the City shall be in addition to any other legal remedies available to DAV and the City and shall not be considered DAV and the City s exclusive remedy. 12. Limitations of Liability: DAV and/or the City are not responsible for lost, late, misdirected, undeliverable, corrupted, or incomplete entries. DAV and/or the City may prohibit an entrant from participating in the Contest or winning a Prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, deceiving, or using other unfair participation practices or intending to annoy, abuse, embarrass, threaten, or harass any other entrants or City representatives. Entries containing defamatory, obscene, or otherwise unlawful matter or depictions of individuals engaged in illegal, immoral, or lewd acts will not be considered and will be disqualified without further notice. DAV and the City are not responsible for lost entries due to electronic malfunctions or errors. If for any reason DAV and/or the City s control of the Contest is interrupted by improper conduct, including but not limited to, tampering, unfairness, or compromised integrity, then DAV and/or the City reserves the right to terminate, modify, or suspend the Contest. 13. Notification: a. Winner(s) will be selected weekly on Fridays and notification shall be sent the same day according to these Official Rules. Winner(s) will be notified via social media submission platform or /phone. Winner(s) must respond via or phone no later than five (5) business days after notification of winning or prize will be forfeited may be awarded to another contestant at DAV and/or the City s discretion. In order to collect the prize, Winner(s) must complete the Affidavit within three (3) business days of sending a response to DAV. Prize will be delivered electronically or made available for pick up within a reasonable time prior to related event. DAV and the City are not responsible for any electronic, communication, or typographical errors. DAV will not remind Winner(s) of the deadline for claiming the Prize. It is the responsibility of the Winner(s) to claim the Prize within the specified timeframe defined by the Official Rules. b. Each Winner shall personally accept the Prize. When accepting the Prize, the Winner is required to provide DAV with photo identification, in the form of one of the following: (a) a valid driver s license; (b) a state-issued ID; or (c) a passport. The Winner shall accept the

5 Prize at the time and place established by DAV, which may be electronically or made available for pick up. c. Under unique circumstances, a representative designated by the winner in advance may be allowed to accept the Prize. Written authorization from the Winner may be used to identify the Winner s personally identifiable representative to accept the Prize at DAV s discretion. Written authorization from the Winner that includes the representative s name, ID, and a photocopy of the Winner s valid driver s license, state-issued ID, or passport is required. A unique circumstance shall be an unparalleled and unforeseeable event that is in no way attributable to carelessness, oversight, or negligence of the Winner. d. Winner consents to the use of electronic signatures by DAV and the City. The Affidavit of Acceptance of the Official Rules (the Affidavit ), and any other documents requiring a signature hereunder, may be signed electronically by the Winner in the manner specified by DAV and the City. The Winner agrees not to deny the legal effect or enforceability of the Affidavit solely because it is in electronic form or because an electronic record was used in its formation. The Winner agrees not to object to the admissibility of the Affidavit in the form of an electronic record, or a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 14. Substitution: DAV may substitute another Prize of equal value, in the event of non-availability of a Prize. 15. Cancellation: DAV and the City are not responsible for any complications associated with the Prize, and are not required to compensate the Winner(s) for any cancelled performance for any reason. 16. Technical Errors: DAV and the City are not responsible for any computer, browser, server, or other malfunction that may or may not interfere with Contest entries, reviews, or notifications. Winners will be selected from entries received by the deadline. 17. Rule Changes: Additions or deletions to these Official Rules may be made at the discretion of DAV and/or the City and may be enacted at any time without notification. 18. Entirety: If any portion of these Official Rules are found unenforceable, the remaining portion will remain in full force and effect. 19. Copy of Rules: For a copy of the Official Rules, send a self-addressed, pre-stamped envelope with a written request within sixty (60) calendar days after the end date of the Contest to:

6 Denver Arts & Venues ATTN: Red Rocks 75 th Photo Celebration Contest 1345 Champa Street Denver, CO List of Winners: For a list of Prize Winners, send a self-addressed stamped envelope, with a written request within sixty (60) calendar days after the final Prize award date, to: Denver Arts & Venues ATTN: Red Rocks 75 th Photo Celebration Contest 1345 Champa Street Denver, CO By entering the Contest, the Entrants agree that they have read, comprehend, agree, and are bound by each and every provision set forth in the Official Rules for Red Rocks 75 th Photo Celebration Contest. Signature Name (Printed) Date