1. ELIGIBILITY: NO PURCHASE NECESSARY TO ENTER.
The WGBH Online Photo Contest is void where prohibited by law. Contest is open to legal residents of the United States who, at the time of entry, are at least eighteen (18) years of age and are not professional photographers. The Contest is sponsored by the WGBH Educational Foundation, One Guest Street, Boston, MA 02135 (“Sponsor”). The Contest is not open to employees, officers, directors, trustees, and members of their respective immediate families or households, of Sponsor, the Public Broadcasting Service (PBS), PBS member television stations, or their respective affiliates, and subsidiaries. By entering, each entrant acknowledges compliance with these Official Rules. Each entrant must meet all eligibility requirements and guidelines for the WGBH Online Photo Contest.
2. HOW TO ENTER:
Entries will be accepted beginning July 1, 2011 and ending July 31, 2011 (the “Entry Period”).
Enter the Contest online by submitting your digital JPEG (.jpg) photo to the WGBH Photo Contest via the submit button above or on the main WGBH Photo Contest page. Entries received outside the Entry Period and incomplete entries are void.Limit one entry per person, regardless of day of entry. Entries received before the date Sponsor begins accepting submissions, and/or those entries that do not meet the guidelines, are not eligible.
Incomplete or inaccurate entries are void.
3. PHOTO ENTRIES:
By entering, each entrant represents and warrants that the photo: (a) is his/her original work, and (b) does not violate the copyright or any other personal or property right of any third party. In addition, each entrant represents and warrants that he/she has obtained any and all releases and permissions necessary for WGBH’s intended use (i.e. publication of the photo on wgbh.org and on WGBH’s digital mural).
By entering, each entrant grants Sponsor, and/or its respective assigns, the right to use his/her photo entry, in whole or in part, with no compensation due to the entrant, in perpetuity, in all manner or media, including television, WGBH’s digital mural, and the Internet, and in any marketing we may do to promote this photography contest. However, you will retain the copyright to your photo(s) and WGBH will not sell your photo(s).
4. SELECTION OF WINNER/JUDGING:
All eligible entries received by Sponsor will be judged by judges selected by the Sponsor on the basis of the following equally weighted criteria: originality, technical merit, and relevance to the theme. Collectively, these are the “Judging Criteria.” The judges will rate entries and will select the finalists on the basis of the judging criteria mentioned above. Based on the judging criteria, the judges will select up to three (3) entries with the highest scores to become Contest winners (the "Winner(s)").
5. WINNER NOTIFICATION
Each potential Winner will have one (1) week to accept or decline the Prize. Each potential Winner must accept or decline the Prize within seven (7) calendar days of such Winner’s notification. If any Winner is unreachable after seven (7) calendar days, or if any Winner is unavailable for Prize fulfillment, an alternate Winner will be selected by the judging panel. Each potential Winner will be required to sign and return an Affidavit of Eligibility, a Liability/Publicity Release Form, and a Materials Release Form (collectively, the “Releases”) within fourteen (14) calendar days after the date of the notification letter to potential Winners. Failure to return the Releases in the time noted will constitute forfeiture of the Prize and an alternate Winner may be selected by the judging panel in Sponsor’s sole discretion.
Up to three (3) Grand Prizes: (i) Winners' photo entry, subject to the rights of Sponsors set forth below, will appear on the WGBH Digital Mural and wgbh.org.
Approximate retail value ("ARV") of the Grand Prize is $0 as the display of the photo on wgbh.org and the WGBH Digital Mural has no commercial or retail value, and resale is strictly prohibited.
Prize Terms and Conditions: Sponsors reserve the right to substitute a prize (or portion thereof) with one of comparable or greater value, at their sole discretion in the event of unavailability. Any and all federal, state and local taxes, fees and surcharges on prizes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided by Sponsor are the sole responsibility of the Winner(s).
LIMIT: One (1) prize per person.
The Prize is not transferable to another person, and may not be exchanged for a different prize or redeemed for cash.
By participating in the Contest and accepting the Prize, each entrant and each Winner are hereby deemed to agree to these Official Contest Rules and all eligibility requirements and guidelines of the WGBH Online Photo Contest. Sponsor makes no, and disclaims, all warranties, guarantees or representations, express or implied, concerning the condition, quality, merchantability, of any Prize.
7. ODDS OF WINNING:
Odds of winning depend upon the number of eligible entries received and being able to best meet the judging criteria.
8. DISCLAIMER OF WARRANTIES / RELEASE LIMITATION ON LIABILITY:
Sponsor is not responsible for any bodily or personal injury, or property damage, or any other loss resulting from use or attempted use of any component of the Prize. Each Winner agrees to sign a more detailed Release of Liability and Publicity Release. Each Winner agrees to the use of his/her/their name(s) and likeness(es) in publicity without notice or any additional compensation, except where prohibited by law.
Sponsor is not responsible for entries that are incomplete, illegible, lost, delayed, mutilated or misdirected. Sponsor is not responsible for any problems or technical malfunctions, human error, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer online systems, servers or providers, computer equipment, software, failure of entrants on account of technical problems or traffic congestion on the internet or at any website or any combination thereof including, without limitation, losses, damages or injuries to entrant’s or any other person's equipment or other property, or to their persons, related to participation in the Contest. In addition, Sponsor will not be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Contest and/or the Prize(s). Although Sponsor attempts to ensure the integrity of the Contest, Sponsor is not responsible for the actions of entrants in connection with the Contest, including entrant's attempts to circumvent these Official Contest Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. The releases hereunder are intended to apply to all claims not known or suspected to exist.
BY ENTERING THE CONTEST, EACH ENTRANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND EACH ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) EACH ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND EACH ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor's control (each a "Force Majeure" event or occurrence), Sponsor shall have the right to modify, suspend, or terminate the Contest.
9. GOVERNING LAW / JURISDICTION:
All aspects of this Contest, including its conduct and the award and use of the Prize, shall be governed in accordance with Massachusetts law as if all such activities were to be fully performed within Massachusetts, without giving effect to principles of conflicts of laws. Each entrant agrees to submit to the sole and exclusive jurisdiction of the state and federal courts in the Commonwealth of Massachusetts to resolve any disputes arising hereunder or in relation to this Contest or the award, failure to award, or use of any Prize.
10. WINNERS LIST:
The name of the Winners will be available on or about August 5, 2011 here on http://wgbh.org.