Participation in any Contest(s) (individually or collectively, the “Contest”) constitutes full and unconditional agreement to, and acceptance of, these Official Rules (the “Official Rules”).
GENERAL RULES OF CONTEST:
HOW TO ENTER:
Go to https://contesty.com and complete the applicable registration form. You will then select the Contest in which you would like to enter. Provide all requested information in the required fields contained in the entry form, submit the entry form, and upload at least one (1) entry of applicable content for desired contest. All files must be unique, created by you, and never before used or shared online for any use, personal or professional. Any improperly submitted registrations will be VOID. Any winning entry found to be containing copywritten, inappropriate, or otherwise previously used works will be disqualified from winning. Entrant must be the owner of the entry content in order to submit the content for consideration in the Contest. Online entries will be accepted at the discretion of Contesty after review for appropriateness of entry and it’s content. The applicant accepts responsibility for the submitted photo’s content and his or her right to enter such photo regardless of who or what is depicted in said photo. All entries must be received by the stated end time on the last day of the applicable time period for the individual contest being entered in order to be eligible to win that individual Contest. Each qualifying entrant will be entered into the Contest for which he or she submits his or her entry within the allotted entry period.
SELECTION OF FINALISTS AND WINNER:
Each entry submitted must be approved for posting on the Contest website by a member of Contesty’s entry selection committee. Entry’s may be approved or rejected based on suitability (for example, no obscene, offensive, or adult oriented entries are appropriate unless expressly stated appropriate for that individual contest) for the Contest at Contesty’s sole discretion. Only those entries that are approved for posting will be deemed eligible to win the Contest. You will be notified via email sent to the email address you supplied during registration if your entry is deemed inappropriate and removed from the Contest for any reason.
If the Contest winner is set to be determined by public voting, then the entry that receives the most public on-line votes within the individual contest time frame will be deemed the winning Contest entry(s). Numbers of winners and prizes for those winners are determined by the Contest Holder, and are displayed on the Contest page. For purposes of the Contest, a “vote” means a vote cast on the Contest Website, by a “unique voter.” A “unique voter” is an individual person: (a) who has registered on the Contest 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’s information. A unique voter may vote as many times as he or she wishes, or as defined by the Contest Holder in the Contest description, in any given contest during the stated Contest Voting time frame. In addition to the Disqualification provisions set forth below, if Contesty determines, in its sole discretion, that an abuse of the “unique voter” rule has occurred, Contesty may disqualify votes cast by such voters or entrants.
If there is an exact tie in the number of votes cast for two (2) or more entries, then the winning prize will be selected based on when the entry was received. The entry that was submitted earliest in the submission period will be selected over subsequent submissions. Winners will be determined within the stated time frame on the Contest page.
If the Contest winner is set to be selected by the Contest Holder, as selected during the Contest creation form, and defined on the Contest page, then they will select the winner(s) from all entries received within the Contest submission time frame. The Contest Holder will have 30 days in which to select their winner. If no winner is selected during the 30 day period, a winner will be selected based on when the entry was received. The entry(s) that was submitted earliest in the submission period will be selected over subsequent submissions.
Each winner, will be notified by phone, email and/or postal mail. Winners have 30 days from the time they are selected as winner to upload any files source files they have for approval by the Contest Holder. If the Contest Holder is offering a guaranteed cash prize, then prizes will be released by the Contest Holder once source files are received, or automatically after 30 days from winner selection. If a contest states that there are no guaranteed prizes, then the Contest Holder is responsible for delivery of any defined prize, and Contesty holds no liability regarding condition, quality, or receipt by the winning party of said prize. Each winner will be selected based upon the results of online voting or by selection by the Contest Holder, and will be subject to approval by Contesty pending confirmation of each such winner’s compliance with these Official Rules. Contesty’s decisions are final on all matters relating to this Contest. Contestants are eligible to win as many contests as they enter.
From time to time, Contesty may run a promotion. Contestants who submit a qualified entry within the stated time period and generate the most total votes, or winners selected by Contesty as the Contest Holder defined on the Contest page(as explained in the section above) will be entitled to the promotional reward. Contestants will be notified via email after completion of the Contest Period if they generated the most total votes or were selected as a winner, and given instructions on how to redeem the reward at that time.
Contestants may have their entries selected for publication. 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 selection. There will be no royalties paid to photographers, creators, owners, or the submitters whose entries are published. We reserve the right to publish or not to publish an entry for any reason. Entries may be used for marketing purposes by Contesty on Contesty.com, in marketing materials, and in promotion of Contesty in various forms of print and web media. Entrants waive any and all rights to entries and give Contesty the right to publish same in any medium without compensating entrants.
HOW CONTESTY USES DEMOGRAPHIC INFORMATION & AGGREGATE DATA:
LIMITED TIME ONLY:
Each Contest period begins and ends on the days specified for each contest, with a winning entry selected at the end of each such contest voting period or 30 days after submission ends if Contest Holder is selecting the winner(s).
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.
Each winner will be subject to eligibility verification. Each winner will be required to sign an Affidavit of Eligibility/Liability and Publicity Release within thirty (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.
Each Contest winner will receive the individual prize as designated for the contest entered. Only guaranteed cash prizes, as indicated in the prize section of the contest page, are guaranteed delivery by Contesty. Contestant must have a Paypal account, or sign up for one at the time of prize acceptance, in order to accept guaranteed cash prizes. If cash prizes are not claimed through Paypal within 30 days from the time they are released, all prize funds will revert back to Contesty. Any and all other prizes defined by the Contest Holder are the sole responsibility of the Contest Holder, and Contesty does not in any way accept liability for prizes not received, or in a condition different from described.
Any applicable United States federal, state and/or local taxes are the responsibility of each winner. The determination of liability for any United States 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 United States federal, state and/or local law impose any tax reporting or filing obligations on Contesty arising out of the entrant’s participation in the Contest (including the entrant’s receipt of any prizes), the entrant agrees to timely provide Contesty with any information that is reasonably necessary for Contesty to comply with any such reporting or filing obligations. In addition, should United States federal, state or local law impose any tax withholding obligation on Contesty with respect to entrant’s receipt of any prizes, the entrant agrees to such withholding and shall timely provide any information to Contesty as may be required for Contesty to accomplish such withholding.
Contesty reserves the right, in its sole discretion, to reject any entries. No inappropriate, indecent or obscene photographs may be submitted to Contesty for entry into the Contest or submitted for display on the Contest Website unless submitted for a contest that specifies the appropriateness of such material. Visitors to Contesty.com may notify Contesty through the “Report” button of any entry that appear to violate these Official Rules. Contesty will use its best efforts to exclude any such entries; however, Contesty is not a publisher of the entries; it is merely providing a forum for the display of these entries for voting purposes and, therefore, Contesty expressly disclaims any and all liability associated with the display of any of the entries on the Contest Website.
REPRESENTATIONS AND WARRANTIES OF ENTRANT:
PROMOTION CONTEST RELEASE:
Excluding residents of the State of Tennessee and where otherwise prohibited by law, by submitting an entry and participating in the Contest, entrant, for him/herself and on behalf of any child, irrevocably transfers, grants and assigns to Contesty, its affiliates and its respective successors, assigns, and licensees, the right worldwide and in perpetuity, to use the name, likeness, image, photographs, videos, audio, or essay entries including any reproductions of same, in any and all media including, without limitation, use on Contesty.com in connection with the Contest or other promotions and for any advertising or promotional purposes, without additional compensation, and releases Contesty and any entity acting on behalf of Contesty from any liability with respect thereto.
RELEASE OF LIABILITY:
To the maximum extent permitted by applicable law, entrant, for him/herself, and on behalf of any Child or third party agrees that Contesty.com, its affiliates and its employees, members, 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 Contesty, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Contesty reserves the right, in its sole discretion, to cancel, terminate, modify or suspend any Contest or any part of any Contest, and select the winner for the Contest from the entries received prior to the action taken, nullify Contest or award/not award prizes in other such manner as deemed fair and appropriate by Contesty.
Contesty, its affiliates and its employees, members, 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 Contesty are eligible for Contest entry. Proof of submission will not be deemed to be proof of receipt by Contesty. Contesty’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 Contesty with proof that the potential winner is the authorized account holder of the registration information associated with the potential winning entry.
To the maximum extent permitted by applicable law, these Official Rules shall be interpreted and enforced in accordance with the laws of the State of Kentucky, without regard to conflicts of law principles. To the maximum extent permitted by applicable law, should a dispute arise concerning the Contest and/or terms and conditions of these Official Rules, or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the appropriate governing body within the state of Kentucky or closest proximity to Contesty’s physical address, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association. 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 herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. 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 Contesty, as well as its legal representatives, affiliates, subsidiaries, parents, agencies and their respective members, officers, directors, employees and agents with respect to the Contest. 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 Contesty incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement. Should any part of these Official Rules 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.
Contesty, its legal representatives, affiliates, subsidiaries, parents, agencies and its members, 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 Contesty, will be disqualified. If disqualified for any of the above reasons, Contesty reserves the right to terminate entrant’s eligibility to participate in the Contest.
You agree to release, indemnify and hold Contesty, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, shareholders, licensors, suppliers, co-branders, attorneys 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 Contest and/or the Contest Website; (b) your breach of these Official 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 Contesty, its parent, subsidiaries and/or affiliates, and each of their respective members, officers, directors, employees, agents, shareholders, licensors, suppliers, co-branders, attorneys and/or other partners. 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 or Contest Website, or otherwise interfere with the operation of the Contest, is a violation of criminal and civil law and Contesty 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.