GREATAMERICANPHOTOCONTEST.COM OFFICIAL RULES
*NO PURCHASE NECESSARY
*PURCHASE WILL NOT ENHANCE ODDS OF WINNING
Participation constitutes full and unconditional agreement to, and acceptance of,
these Official Rules. The Great American Photo Contest, LLC ("Great American")
Baby Photo Contest ("Contest") is open to legal residents of the United States
and the District of Columbia, residing in the United States and the District of Columbia,
who are 18 years of age or older. 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 win prizes 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, New York, Florida and Rhode Island are ineligible to win prizes 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:
To enter the Contest, you must register either online or by postal mail, and must submit a photograph
(see "How To Enter" below). Each Contest will last one calendar month. Any and all of the photographs submitted
by an entrant is/are eligible to win. Each entrant will be entered into the Contest for the calendar month in which
he or she submits his or her registration, and will also be automatically entered into the following month's Contest,
whenever available, unless otherwise notified. The winner of the Contest will be the entrant that submits the
photograph that receives the most confirmed votes from the voting public during the applicable 1-month Contest
period. Voters must register, confirm their registration by clicking on the email sent to them at the email address
they used to register, and can vote for as many photographs as they like, but may vote no more than once each day
for any one photograph. By registering for the Contest, entrants agree (i) to accept e-mail and direct mail
marketing messages from Great American and its advertising affiliates and (ii) that such act constitutes an
inquiry and/or application for purposes of applicable federal and state telemarketing laws, and therefore, we
have the right to contact you by telephone for marketing purposes. See "Privacy Statement" herein for detailed
HOW TO ENTER:
- Online: Go online to
http://www.greatamericanphotocontest.com ("Great American Website") and complete the registration
form. Provide all requested information in the fields contained in the entry form in its entirety,
submit the entry form, and upload a photograph. Submitted photographs may not be digitally, or
otherwise, altered. Any winning photograph found to be altered will be disqualified from winning.
Entrant must be the owner of the photograph, or otherwise have the right to submit the photograph
for consideration in the Contest. No nudity, pornography, violence, or otherwise inappropriate photos
will be eligible for the Contest, as determined by Great American. Online entries will be accepted on a
monthly basis beginning . All
entries must be received by 11:59:59 p.m. EST on the last day of the month in order
to be eligible to win the Contest.
- By Postal Mail: To enter by postal mail, send: (a) your full name, full postal address, phone number,
email address (if applicable), (b) a valid photograph for submission, and (c) either a check or a money order
made payable to Great American Photo Contest, LLC in the amount of $10.00 for processing to: Great American
Photo Contest, LLC, 24 West Railroad Avenue, #139, Tenafly, NJ 07670. 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 $10.00 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 the last day of the month in order to be eligible to win the Contest.
Each entrant will be entered into the Contest for the calendar month in which he or
she submits his or her registration information, and will also be automatically entered
into the following month's Contest, whenever available, unless otherwise notified.
SELECTION OF FINALISTS AND WINNER:
Each photograph submitted must be approved for posting on the Great American website by a member of Great American's photo selection committee. Photos may be approved or rejected based on suitability (for example, no nudity, pornography, violence, etc.) for the Contest at the discretion of Great American. Only those photos approved for posting will be deemed eligible to win the Contest. All photos approved for posting on the Great American website will be deemed "Finalists" for that calendar month's contest - we do this because we believe everyone's favorite photos are special, and we want the photographers and their subjects to feel good about the Contest.
The photograph that receives the most public on line votes in any calendar month will be deemed the winning Contest photograph. One first place winner will be chosen. For purposes of the Contest, a "vote" means a vote cast on the Great American Website, by a "unique voter." A "unique voter" is an individual person (a) who has registered on the Great American Website and confirmed their registration by clicking on the email sent to them at the email address they used to register, and (b) with unique registration information (i.e., email address) that is not duplicative of another voter. A unique voter may vote no more than once each day for a unique photograph, so that in a 30 day calendar month, a unique voter may cast no more than 30 votes for any single photograph. In addition to the Disqualification provisions below, if Great American determines, in its sole discretion, that an abuse of the "unique voter" rule has occurred, Great American may disqualify votes cast by such voters or contestants, including if more than 5 of such voters or contestants registered from the same computer "IP address" in a single calendar month.
If there is an exact tie in the number of votes cast for two photographs, then the winning prize will be split equally between those two (2) entrants. Winners will be determined within 4-6 weeks of 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 and any runners up will be notified by phone, email and/or postal mail. The winner will be selected based upon the results of online voting, and will be subject to approval by Great American pending confirmation of the winner's compliance with these Official Rules. Great American's decisions are final on all matters relating to this Contest.
Contestants are only eligible to win once per calendar year. Additional entries from the same household within the calendar year will be disqualified.
GROCERY COUPON PROMOTION:
From time to time, Company may run a promotion with respect to grocery coupons. Contestants who generate votes from at least ten (10) unique voters (as explained in the section above) will be entitled to the grocery coupon reward. Contestants will be notified via email after completion of the Contest Period if they generated the minimum number of votes, and given instructions on how to redeem the grocery coupon reward at that time.
Contestants who have entered the Pet category and reach the finalist stage of the contest may have their photos selected for publication in a pet photography collection. This selection in no way affects your chances of winning the Contest, or means that you have won the Contest. There is no purchase required to be included in this collection. There will be no royalties paid to photographers whose photos are published. There is a contributor's discount for pre-publication orders. We reserve the right not to publish a photograph for any reason.
HOW WE USE DEMOGRAPHIC INFORMATION & AGGREGATE DATA:
LIMITED TIME ONLY:
The Contest period begins and ends
, with a winning photograph selected at the end of the calendar month.
ODDS OF WINNING:
The odds of winning the Contest are a function of a number of factors including, but not limited to, the number of entries, number of votes cast, number of votes you cause to be cast for your photo, the date of entry and quality of the photograph.
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 in the time specified or the return of the notification marked undeliverable will result in disqualification of the entry and an alternate winner will be selected from among the runners up, until a winner is designated.
The winner will receive a check in the amount of $1,000.00 (one thousand dollars). Winning photos may appear on the home page of the Great American Website, where potentially thousands of viewers may see the photograph. Entrants waive any and all rights to photographs and give Great American the right to publish same in any medium without compensating entrants.
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 Official 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 2,500 entries for a Contest to be valid; if less than 2,500 entries are received during the Contest period, those entries will be rolled over into the next calendar month's Contest, whenever available. The prize for the next month's Contest with the consolidated entries will remain at $1,000 and will not be increased. If an entry is rolled into the next calendar month's Contest due to an insufficient number of entries, then such rollover entry will count as the entrant's automatic second calendar month entry.
If a contestant's entry has expired but their photograph remains on the Great American website, the photograph and the contestant is not eligible to win the contest for that month unless the contestant reenters the contest by reactivating his/her account. As a result, votes cast for an expired entry/photograph will not count unless or until such entry has been reactivated.
REPRESENTATIONS AND WARRANTIES OF ENTRANT:
To receive a list of winners, send a self-addressed stamped envelope to: Great American Photo Contest, LLC, 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 subject of the photograph, 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 subject of the photograph 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 Prizes 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 registration 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, 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 use of the Promotions and/or the Website; (b) your breach of this Agreement; 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 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.