GREATAMERICANPHOTOCONTEST.COM TERMS & CONDITIONS
Welcome to the Great American Photo Contest™ website (the "Website"). The
Website is an Internet property of Great American Photo Contest, LLC ("Great American,"
"we" or "us"). By using and/or accessing the Website, you are agreeing to comply
with and be bound by the following GreatAmericanPhotoContest Terms and Conditions (the "Agreement"). This
price schedules and/or other supplemental terms and conditions or documents expressly
incorporated herein by reference and/or published from time to time. Please review
the following terms of this Agreement carefully. If you do not consent to this
Agreement in its entirety, you are not authorized to use this Website in any manner
ACCEPTANCE OF AGREEMENT:
You agree to the terms and conditions outlined in this Agreement with respect to your use of the Website. This Agreement constitutes the entire and only agreement between you and Company with respect to your use of the Website, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Website. We may amend this Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Website, and you should review this Agreement prior to using the Website. By your continued use of the Website, you hereby agree to all the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute). Therefore, you should regularly check this page for updates and/or changes.
The Website is available only to individuals that can enter into legally binding
contracts under applicable law. The Website is not intended for use by individuals
under the age of eighteen (18). If you are under the age of eighteen (18), you do
not have permission to use and/or access the Website.
DESCRIPTION OF SERVICES:
Visitors to the Website may browse the photographs made available on the Website
by registered members. By registering on the Website, members can participate in
any sweepstakes or contests that may be available at the Website (collectively,
the "Promotions"). Unless explicitly stated otherwise, any future offer(s) made
available to you on the Website that augment(s), or otherwise enhance(s), the current
features of the Website shall be subject to this Agreement. You understand and agree
that Great American is not responsible or liable in any manner whatsoever for your
inability to use the Promotions, Great American sponsored products and/or services
or any associated functionality. You understand and agree that Great American shall
not be liable to you or any third party for any modification, suspension or discontinuation
of Great American services and/or the Promotions.
To register for the Website, you must complete and submit the online registration
form. The information you must supply will appear on the then current registration
form (email address is always required, and certain other fields may be required
from time to time). If you are entering a Promotion on the Website, you will also
be required to provide a photograph of the subject of your entry (i.e., pet, toddler,
funny photo, all as the case may be) and certain related information. You agree
to provide true, accurate, current and complete information during registration
and also agree to update your registration information as necessary to maintain
it in an up to date and accurate fashion.
As a user of this Website, you are granted a non-exclusive, non-transferable, revocable
and limited license to access and use the Website and associated Website content
in accordance with this Agreement. Great American may terminate this license at
any time for any reason. You may use the Website on one computer for your own personal,
non-commercial use. No part of the Website may be reproduced in any form or incorporated
into any information retrieval system, electronic or mechanical. You may not use,
copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse
engineer or transfer the Website, Website content or any portion thereof. Systematic
retrieval of content or matter associated with Promotions from the Website by automated
means or any other form of scraping or data extraction in order to create or compile,
directly or indirectly, a collection, compilation, database or directory without
written permission from Great American is prohibited. Great American reserves any
rights not explicitly granted in this Agreement. You may not use any device, software
or routine to interfere or attempt to interfere with the proper working of the Website.
You may not take any action that imposes an unreasonable or disproportionately large
load on Great American infrastructure.
Users that submit information, photographs and/or other materials ("Content") to
the Website warrant that they have all of the rights and authority necessary to
submit the Content, including the right to publish the Content. The content (other
than that which is submitted to the Website by users), organization, graphics, design,
compilation, magnetic translation, digital conversion, software, services and other
matters related to the Website, are protected under applicable copyrights, trademarks
and other proprietary (including, but not limited to, intellectual property) rights.
The copying, redistribution or publication by you of any part of the Website or
Promotions is strictly prohibited. You do not acquire ownership rights, other than
those rights that you may already have, to any content, document, software, services
or other materials viewed at or through the Website. The posting of information
or material at the Website by Great American does not constitute a waiver of any
right in such information and materials.
EDITING, DELETION & MODIFICATION:
We reserve the right in our sole discretion to reject any Content submitted to the
Website. No inappropriate, indecent or obscene photographs may be submitted to the
Website for display. Great American reserves the right to prohibit any conduct by
registered users or to remove any photographs and/or materials submitted by registered
users to the Website that Great American deems, in its sole and absolute discretion,
to be in violation of the Agreement or which Great American believes to be illegal,
potentially harmful to others, otherwise objectionable or that same may expose Great
American to harm, damage to reputation or liability. Notwithstanding the foregoing,
please be advised that Great American is not a publisher of the Content submitted
by registered users; it is merely providing a forum for the display of the Content
and, therefore, expressly disclaims any and all liability associated with the display
of any content submitted by registered users of the Website.
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.
DISCLAIMER OF WARRANTIES:
THE WEBSITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES,
EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR
A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, GREAT AMERICAN
MAKES NO WARRANTY THAT: (A) THE WEBSITE WILL MEET YOUR REQUIREMENTS: (B) THE WEBSITE
WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE. THE WEBSITE
MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR
THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GREAT AMERICAN
OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GREAT AMERICAN SHALL NOT BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GREAT AMERICAN HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY
LAW FOR: (A) THE USE OR THE INABILITY TO USE ANY GREAT AMERICAN PRODUCT AND/OR SERVICE
THAT MAY BE OFFERED VIA THE WEBSITE; (B) ANY MATTER RELATING TO ANY PROMOTIONS THAT
MAY BE AVAILABLE VIA THE WEBSITE; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY PROBLEM(S) WITH THE GOODS, DATA, INFORMATION AND/OR
SERVICES PURCHASED OR OBTAINED FROM THE WEBSITE, OR TRANSACTIONS ENTERED INTO, THROUGH
OR FROM THE WEBSITE; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION
DATA; OR (E) ANY OTHER MATTER RELATING TO THE OTHER PRODUCTS AND/OR SERVICES THAT
MAY BE MADE AVAILABLE ON THE WEBSITE AND/OR THE WEBSITE ITSELF. THIS LIMITATION
APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO,
BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS,
AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE GREAT AMERICAN, AND ITS SUPPLIERS,
FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS
STATED HEREUNDER. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM
LIABILITY OF GREAT AMERICAN TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL
TO THE AMOUNTS YOU PAID, IF ANY, FOR ANY GREAT AMERICAN PRODUCTS AND/OR SERVICES.
YOU HEREBY RELEASE GREAT AMERICAN FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND
CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. THE NEGATION OF DAMAGES
SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU
AND GREAT AMERICAN. THE WEBSITE AND/OR THE PROMOTIONS WOULD NOT BE PROVIDED TO YOU
WITHOUT SUCH LIMITATIONS.
The Website may provide, third parties may provide and/or refer you to, links to
other Internet websites and/or resources. Because Great American has no control
over such third party websites and/or resources, you hereby acknowledge and agree
that Great American is not responsible for the availability of such third party
websites and/or resources. Furthermore, Great American does not endorse, and is
not responsible or liable for, any terms and conditions, privacy policies, content,
advertising, services, products and/or other materials at or available from such
third party websites or resources, or for any damages and/or losses arising there
Any attempt by any individual, whether or not a Great American registered user,
to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation
of this Website or any Promotion, 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.
DISPUTE RESOLUTION PROVISIONS:
The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles).
Should a dispute arise concerning the Website, Promotions, Content, the terms and conditions of the Agreement or the breach of same by any party hereto, you may commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice to us which can be found at Initial Dispute Notice. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is also available on the Website at Demand for Arbitration. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that you incurred for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (a) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (b) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Company and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Company incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement.
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. This Agreement is personal between you and Company and governs your use of the Website, superseding any and all prior and/or contemporaneous agreements between you and Company. To the extent that anything in or associated with the Website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. However, with respect to any Promotions available at the Website, to the extent that anything in this Agreement is inconsistent with the Official Contest Rules, the Official Contest Rules shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of this Agreement.
If you have any questions, please email
email@example.com; write to Great American
Photo Contest, LLC, 24 W. Railroad Ave., #139, Tenafly, NJ 07670; or call (866) 936-5249.