1. NO ENTRY FEE REQUIRED. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
2. GENERAL INFORMATION: The Most Beautiful Picnic Area in America Photo Contest (“Contest”) begins at 12:00PM Eastern on 08/08/2017 at 12:00AM and ends at 11:59PM Eastern on 09/08/2017 at 12:00AM (the “Contest Period”). VOID WHERE PROHIBITED OR RESTRICTED BY LAW. At management's discretion Contest Period entry period may be extended up to 30 days if a total of no more than 20 contest entries are submitted.
3. SPONSOR: The Contest is sponsored by PicnicArea.com Inc. (“Sponsor”). Sponsor will conduct the Contest substantially as described in these Official Rules. All copyrights and trademarks are the property of their respective owners.
4. ELIGIBILITY: The Contest is open only to natural persons who (i) are at least 18 years of age or older (at the time of entry), and (ii) are eligible to enter the Contest as set forth in these Official Rules. Only residents of the United States are eligible to enter the Contest.Employees of the Sponsor and their respective parent companies; affiliates; subsidiaries; advertising, promotion, fulfillment or other coordinating agencies; individuals providing services to the Sponsor through an outsourcer or temporary employment agency during the Contest Period; and their respective immediate family members and persons living in their same household are not eligible to participate in the Contest. The Contest is subject to all applicable federal, state, and local laws and regulations. By participating in the Contest, entrants agree fully and unconditionally to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Eligibility to win a prize is contingent upon complying with and fulfilling all requirements set forth herein.
5. HOW TO ENTER:
Free to enter.
To enter, first use the upload button in the Picnic Area section of our website or our Apple IOS Picnic Area Explorer app to upload a new picnic area to PicnicArea.com. Fill in key details like location, amenities, and activities, add a description, and upload one or more pictures.
Then go to the Contest section of the web site and go to the Contest detail page to select the Enter Contest button and use the drop down selector on the Contest Entry form to choose the picnic area that you would like to enter from among those you already uploaded.
Please Note: You Can Only Enter the Contest From The Website. You can upload new picnic areas from the IOS Picnic Area Explorer app but you can't enter the contest from the app at this time. The mobile app is great for recording pictures of a picnic area while on the go using the 'Short Form', or even filling in all the details while on the go using the 'Long Form', but you'll need to log in on the website to enter the contest, and add the full details to the picnic areas if you originally uploaded it using the short form.
If you find a picnic area already on PicnicArea.com that you would like to upload, if has no pictures or detailed description and it is not already claimed by someone else, you can Claim It, enter all the details, and then use if for your entry.
You can enter more than one picnic area, just follow the same entry procedure separately for each one.
At management's discretion contest entry periods may all be extended up to 30 days if a total of no more than 20 contest entries are submitted.
Picnic Area Contest Entries must be located in the United States to qualify.No other method of participation will be accepted. No random drawings, sweepstakes, raffles or other elements of chance are utilized to determine the Prize winners. Sponsor’s designated server’s clock will be the official time keeper for the Contest and will be used when determining eligible entrants. For purposes of this Contest, a Submission is "received" when the Sponsor’s server records the complete Submission information. All determinations of eligibility shall be final and binding. For the avoidance of doubt, Sponsor may not provide entrant with confirmation of Contest entry.
7. CONTEST WINNER DETERMINATION: The Contest winners will be determined as follows.
A combination of Voting followed by judging by PicnicArea.com management.
We'll be looking for the best overall combination of photography, uniqueness, and description / details of the picnic area, plus user votes, with the highest judging weight given to entries whose photos are beautiful and express that the subject is a “picnic area”, such as by including a fixed picnic table or picnic shelter, shown within its extraordinary setting.Judging is scheduled to be completed on/about 10/01/2017 at 12:00AM. The decisions of Sponsor will be final and binding in all matters related to the Contest.
8. NOTIFICATION: Sponsor will make up to two (2) attempts over the 48-hour period following the each winner’s selection to contact the potential winner via the email address associated with that user’s account. If the potential winner cannot be reached during the 48-hour period in which he/she is contacted such potential winner will be disqualified and an alternate winner will be selected using the same winning criteria described above from among the remaining applicable eligible entries received. The return of a potential winner's notification, prize information, or the prize as undeliverable or rejection of the prize by the potential winner will result in disqualification of the potential winner and an alternate potential winner may be selected pursuant to the winning criteria. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winners, if any. In the event of a dispute about the identity of an entrant, each entry will be declared made by the authorized account holder of the email address associated with the potential winner’s entry. The authorized account holder is defined as the natural person who is assigned to an email address by an Internet Service Provider, online access provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. With respect to each winning entry, the winner may be required to provide proof that the winner is the authorized account holder of the email address associated with the winning entry and is otherwise eligible to enter the Contest.
First Place will win $150, Second Place will win $100, and Third Place will win $50. Eight Honorable Mention winners will each receive $25. All cash prizes will be payable to the winner's Paypal account.
No transfer, or cash or other substitution of prizes allowed except that the Sponsor reserves the right, in its sole and absolute discretion, to substitute a prize or prize component of comparable or greater value. Allow 8 weeks for delivery of prize. The Sponsor will not replace any lost or stolen prizes once in winner's possession.
10. PRIZE CONDITIONS: Except where prohibited by law, a potential prize winner (or the winner’s parent or legal guardian if the winner is a minor in his/her state of residence) may be required to execute an Affidavit of Eligibility, a Liability Release, a Publicity Release, and/or a Tax Acceptance Form ("Affidavit/Release"). Such documents, if required by Sponsor, must be signed and returned by the date and/or time indicated within such documents. If the documents are not signed and returned within that time, or if an entrant is found to be ineligible, or if an entrant does not comply with these Official Rules, each as determined by Sponsor in Sponsor’s sole discretion, then the potential winner will be disqualified and an alternate potential winner will be selected based on the winning criteria. Entrant waives the right to assert as a cost of winning a prize any and all costs of verification and redemption to redeem said prize and any liability which might arise from redeeming or seeking to redeem said prize. All entries are subject to verification prior to awarding of prizes. Eligibility, age, and claims made by prize winners also are subject to verification prior to awarding of prizes.
11. TAXES: All federal, state, provincial, and local taxes and other tax liabilities (including income taxes), if any, and other incidental costs or expenses not identified in these rules are the sole responsibilities of the winners. Each winner may be required to provide Sponsor with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Entrants winning over $600 in prizes will receive an IRS form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS.
12. RELEASE: By participating in the Contest, entrants agree to release, indemnify, defend and hold Sponsor, and its parents, affiliates, subsidiaries, directors, officers, employees, and agents, including advertising and promotion agencies, and assigns, and any other organizations/entities related to the Contest (collectively, “Releasees”) harmless from any and all claims, injuries, damages, expenses, or losses to person or property and/or liabilities of any nature that in any way arise from participation in the Contest or acceptance or use of a prize or parts thereof, including without limitation (i) any condition caused by events beyond Releasees’ control that may cause the Contest to be disrupted or corrupted; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of any prize, or acceptance, possession, or use of any prize, or from participation in the Contest; (iii) any infringement of entrant’s intellectual property rights by a user of the Platform; and (iv) any printing or typographical errors in any materials associated with the Contest.
13. LIMITATION OF LIABILITY: The Releasees are not responsible for (i) late, lost, delayed, damaged, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether through the platform, by e-mail or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; (iii) phone, electrical, network, computer, hardware, software program, or transmission malfunctions, failures or difficulties; (iv) that acts of third parties gaining access to the Submission due to the public nature of the Platform. Prizes are awarded “as is, where is,” without warranty of any kind, express or implied, including without limitation any warranty of merchantability or suitability for a particular purpose. Except where prohibited, by participating in the Contest and submitting an entry, each entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the prize awarded, determination of a winner, or any other matter relating to the Contest that cannot be resolved between such entrant and any Releasees shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorneys’ fees. Notwithstanding anything to the contrary herein, in no event shall any entrant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the production, distribution, exhibition, operation or other exploitation of Sponsor’s Platform, the Contest, any content on the Platform based on the Submission, any website, content, advertising or other materials used, displayed or issued in connection with the Contest, or any submission or entry, and such entrant’s rights and remedies in any such event shall be strictly limited to the right to recover money damages, if any, in an action at law. IN NO EVENT WILL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH PARTICIPATION IN THE CONTEST, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE TOTAL LIABILITY OF THE RELEASEES ARISING FROM ANY CLAIMS BY ENTRANT SHALL NOT EXCEED US$5,000. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ALL ENTRANTS.
14. PUBLICITY RELEASE: Except where prohibited, an entrant’s participation in the Contest constitutes consent to the perpetual, worldwide, royalty-free use of his/her name, photo, and/or likeness, biographical information, entry, and statements attributed to him/her by any Releasee for advertising and promotional purposes, including without limitation, inclusion on Sponsor’s platform, in its e-mail blasts and any other media chosen by Sponsor without compensation or additional compensation.
15. GENERAL CONDITIONS: By participating in the Contest, each entrant acknowledges that he/she has read these Official Rules and agrees to be bound by them and by the decisions of Sponsor, which are final and binding on all matters pertaining to the Contest. Non-compliance with these Official Rules may result in disqualification and all associated entries will be void. Sponsor reserves the right, in its sole discretion and without liability to the entrant, to cancel, modify or suspend the Contest in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Contest is compromised. Sponsor reserves the right to disqualify any entrant or winner, as determined by Sponsor, in its sole discretion and without liability to the entrant or winner. The Contest is subject to these Official Rules and all applicable federal, state, provincial, and local laws and regulations. The Contest is void where prohibited or restricted by law. All disputes, issues and/or questions concerning the Contest, including the rights and obligations of the entrant and Sponsor in connection with the Contest, or the construction, validity, interpretation and enforceability of these Official Rules shall be governed by, and construed in accordance with, the laws of the State of Massachusetts without giving effect to any choice of law or conflict of law rules (whether of the State of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Massachusetts. Any legal actions, suits or proceedings related to the Contest (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts located in Norfolk County, Massachusetts, and each entrant accepts and submits to the personal jurisdiction of such courts with respect to any legal actions, suits or proceedings arising out of or related to the Contest. Sponsor may substitute prizes of equivalent value, amend the rules, or discontinue the Contest at any time for any reason. Sponsor disclaims any responsibility to notify entrants of any aspect related to the conduct of the Contest.
17. FORCE MAJEURE: Without limiting any other provision in these Official Rules, in the event that any of the entrant’s activities, Contest’s activities or the Releasees’ operations or activities are affected, as determined by Sponsor, in their sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic or public health crisis (e.g. SARS), explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above, subject to any governmental approval that may be required, Sponsor shall have the right to modify, suspend, or terminate the Contest, and no Releasees shall be responsible or liable to any entrant or prize winner or any person claiming through such entrant or prize winner for failure to supply the prize or any part thereof. Sponsor is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages.
18. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to (or decision not to) enforce any provision in these Official Rules shall not constitute a waiver of that or any other provision. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials and these Official Rules, these Official Rules shall prevail, govern, and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
19. WINNER’S LIST: For the name of the official prize winners, available after the conclusion of the Contest, or a copy of these Official Rules, send a self-addressed, stamped envelope to “Most Beautiful Picnic Area in America Photo Contest” - WINNERS LIST