FAME AND FORTUNE PHOTO CONTEST
OFFICIAL CONTEST RULES
Participation constitutes full and unconditional agreement to, and acceptance of, these Official Contest Rules (the "Rules"). The Great American Photo Contest, LLC ("Great American") Fame and Fortune Photo Contest ("Contest" or the "Fame and Fortune Photo Contest") is open to legal residents of the United States and the District of Columbia, residing in the United States or the District of Columbia, who are (a) 18 years of age or older and (b) the parent or legal guardian of a child that is between 0 and 10 years of age at the time of entering the Contest. Employees, officers, and directors of Great American, its parent companies, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, their immediate family members and persons living in their same household, are not eligible to participate in the Contest. This Contest is offered in the U.S. only and shall only be construed and evaluated according to U.S. law. Residents of Puerto Rico are ineligible to participate in the Contest. To obtain a printed copy of these Rules write to: Great American Photo Contest, LLC, 24 W. Railroad Ave., #139, Tenafly, NJ 07670.
GENERAL RULES OF CONTEST:
HOW TO ENTER:
You may enter the Contest in one of two ways:
1. Online: Go online to http://www.greatamericanphotocontest.com/ ("Great American Website") and complete the Fame and Fortune Photo Contest registration form. Provide all requested information in the fields contained in the entry form in its entirety, including your full name, postal address, phone number, email address (where available), age and gender of the child that is the subject of the photograph and your relationship to the child, submit the entry form, and upload one (1) photograph of your child. You must also pay the $20.00 entry fee either online, or, if we are able to contact you by phone, you may provide your credit card information to our representative. Submitted photographs may not be digitally, or otherwise, altered. Any winning photograph found to be altered will be disqualified. Entrant must be the owner of the photograph, or otherwise have the right to submit the photograph for consideration in the Contest. In the event that you do not (a) provide full registration information, (b) do not provide a valid photograph, or (c) do not pay the $20.00 entry fee with a valid form of payment, then your entry will NOT be submitted and you will not be entered into the Contest. All entries including full payment of the Entry Fee must be received by 11:59:59 p.m. EST on December 31, 2008 in order to be eligible to win the Contest.
Great American may contact current or past participants in the Great American Photo Contest $2500 Monthly Contest via telephone to inquire as to whether they would like to participate in the Fame and Fortune Photo Contest. Participants who elect to enter will have the first photograph submitted for the Great American Photo Contest $2500 Monthly Contest as their photo entry into the Fame and Fortune Photo Contest and must pay the $20.00 entry fee.
2. By Postal Mail: To enter by postal mail, send: (a) your full name, full postal address, phone number, email address (if applicable), age and gender of child, (b) one (1) photograph of your child for submission, and (c) either a check or money order made payable to Great American Photo Contest, LLC in the amount of $20.00 representing the entry fee plus $5.00 for processing to: Great American Photo Contest, LLC, 24 West Railroad Avenue, #139, Tenafly, NJ 07670. Be sure to indicate on your check or money order the name of the contest you are entering (i.e., the Fame and Fortune Photo Contest). NOTE: Any photographs submitted by postal mail will NOT be returned. In the event that you do not (a) provide full registration information, (b) do not provide a valid photograph, or (c) do not pay the $20.00 entry fee and the $5.00 processing fee with a valid form of payment, then your entry will NOT be submitted and you will not be entered into the Contest. All entries must be received by 11:59:59 p.m. EST on December 31, 2008 in order to be eligible to win the Contest.
A friend or family member may, as a gift, pay the $20.00 Fame and Fortune Contest entry fee for a photograph that was previously submitted for consideration in the Great American Photo Contest $2500 Monthly Contest, however, if that photograph is selected as the winner of the Fame and Fortune Photo Contest, the prize money will be paid directly to the parent or legal guardian who originally registered the photograph as part of the Great American Photo Contest $2500 Monthly Contest.
SELECTION OF WINNER:
The criteria for determining the winning photograph will be: originality of the photo, expressiveness of the child, photographic qualities (such as lighting and angle) and the overall beauty of the child. Using these criteria, a panel of 3 judges comprised of professional photographers and/or child media experts (the "Panel") will select the winning photograph. Determination of a winner by the Panel will be final. Administrators of the Contest may select at least 1,000 of the best photographs based on the above criteria, for review by the Panel.
Winners will be determined within 60 days after the end of the Contest; however, Great American reserves the right to take more or less time to determine the winner as it deems necessary in its sole discretion.
The winner will be selected by the Panel, and will be subject to approval by Great American pending confirmation of the winner's compliance with these Official Contest Rules. Great American's decisions are final on all matters relating to this Contest. The winner will be notified by phone, email and/or postal mail.
The winner will be required to sign an Affidavit of Eligibility/Liability and Publicity Release within 30 days of attempted notification. Failure to return these documents within the time specified or the return of the notification marked undeliverable will result in disqualification of the entry and selection of an alternate winner by the Panel.
LIMITED TIME ONLY:
The Contest period begins July 1, 2008 and ends December 31, 2008.
The winner will receive a United States Government Zero Bond (the "Bond") with a maturity value of $25,000.00 (twenty-five thousand dollars) eighteen (18) years following the date of issue. For more details please visit http://www.sec.gov/answers/zero.htm. In lieu of the Bond, the winner may choose to receive the present cash value of the Bond as determined on the last trading day of the US bond market of 2008. Winning photos may appear on the home page of the Great American Website, where potentially thousands of viewers may see the photograph. In addition, the photograph will be published in a national publication. Entrants waive any and all rights to photographs and give Great American the right to publish same in any medium without compensation.
Federal, state and/or local taxes are the responsibility of the Winner. The determination of liability for any federal, state and/or local taxes that may arise out of the entrant's participation in the Contest (including the entrant's receipt of any prizes), and the payment of any such tax liability, shall be the sole responsibility of the entrant. However, should federal, state and/or local law impose any tax reporting or filing obligations on Great American arising out of the entrant's participation in the Contest (including the entrant's receipt of any prizes), the entrant agrees to timely provide Great American with any information that is reasonably necessary for Great American to comply with any such reporting or filing obligations. In addition, should federal, state or local law impose any tax withholding obligation on Great American with respect to entrant's receipt of any prizes, the entrant agrees to such withholding and shall timely provide any information to Great American as may be required for Great American to accomplish such withholding.
Great American reserves the right, in its sole discretion, to reject any photographs. No inappropriate, indecent or obscene photographs may be submitted to Great American for entry into the Contest or submitted for display on the Great American Website. Visitors to the Great American Website may notify Great American through the "Contact Us" button of any photographs or captions that appear to violate these Rules. Great American will use its best efforts to exclude any such photographs or captions; however, Great American is not a publisher of the photographs; it is merely providing a forum for the display of these photographs for voting purposes and, therefore, Great American expressly disclaims any and all liability associated with the display of any of the photographs on the Great American Website.
There must be at least 1,500 valid entries for the Contest to be valid; if less than 1,500 entries are received during the Contest period, then the contestants will be given a choice to either receive a refund of their entry fees or to roll their entry into next year's Contest, if available.
REPRESENTATIONS AND WARRANTIES OF ENTRANT:
To receive a list of winners, send a self-addressed stamped envelope to: Great American Photo Contest, LLC, Fame and Fortune Photo Contest, 24 W. Railroad Ave., #139, Tenafly, NJ 07670.
By submitting an entry and participating in the Contest, entrant, for him/herself and on behalf of the child, irrevocably transfers, grants and assigns to Great American, its affiliates and its respective successors, assigns, and licensees, the right worldwide and in perpetuity, to use the name, likeness, image and photographs, including any reproductions of same, in any and all media including, without limitation, use on the Great American Website in connection with the Contest or other promotions, for any advertising or promotional purposes without additional compensation, and releases Great American and any entity acting on behalf of Great American from any liability with respect thereto.
RELEASE OF LIABILITY:
Entrant, for him/herself, and on behalf of the child agrees that Great American, its affiliates and its employees, officers, directors, shareholders, agents, representatives, its respective successors, assigns, agencies and licensees shall not be liable for any personal injury, death, loss or damage of any kind or any other causes of action or claims related to entrant's participation in this Contest or acceptance or use of the prize awarded including, without limitation, any claims based on publicity rights, defamation or invasion of privacy. If, for any reason, the Contest or any portion thereof is not capable of running as planned by reason of infection by virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Great American, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Great American reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest or any part of the Contest, and select the winner for the Contest from the entries received prior to the action taken or in other such manner as deemed fair and appropriate by Great American.
Great American, its affiliates and its employees, officers, directors, shareholders, agents, representatives, its respective successors, assigns, agencies and licensees are not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified, or for other problems of any kind, whether mechanical, human or electronic, whatever the cause. Only fully completed entry forms actually received by Great American are eligible for Contest entry. Proof of submission will not be deemed to be proof of receipt by Great American. Great American's sole responsibility for any irregular entry is replacement with another entry in the Contest. If a potential winning entry is made by Internet, that potential winner may be required to provide Great American with proof that the potential winner is the authorized account holder of the registered information associated with the potential winning entry.
These rules shall be interpreted and enforced in accordance with the laws of the State of New York, without regard to conflicts of law principles. Any and all actions, proceedings and disputes between the parties, irrespective of place of execution or performance, shall be instituted and resolved in the courts of the State of New York, County of New York. Each party consents to the exclusive jurisdiction of the courts of the State of New York, and if federal court is applicable, the Southern District of New York.
Great American, its legal representatives, affiliates, subsidiaries, parents, agencies and its officers, directors, employees and agents, are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or technical failure, lost online entries, lost mail-in entries, jumbled, scrambled or misdirected transmissions, or other error of any kind, whether human, mechanical or electronic. Persons found tampering with or abusing any aspect of the Contest, as solely determined by Great American, will be disqualified. If disqualified for any of the above reasons, Great American reserves the right to terminate entrant's eligibility to participate in the Contest.
You agree to release, indemnify and hold Great American, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your participation in the Contest and/or your use of the Website; (b) your breach of these Rules; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Great American, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Any attempt by any individual, whether or not an entrant, to damage, destroy, tamper with or vandalize the Contest and/or the Great American Website, or otherwise interfere with the operation of the Contest, is a violation of criminal and civil law and Great American will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.