Sponsor is Focus Middle Tennessee, PO Box 331585, Murfreesboro, TN 37133-1585, USA (“Sponsor”).
The 2019 Focus Middle Tennessee Pride Cover Photo Contest (the “Contest”) begins February 20, 2019, at 12:00:00 p.m. Central Standard Time (“CST”) and ends March 25, 2019, 5:00:00 p.m. Central Standard Time (“CST”). ALL ENTRIES MUST BE RECEIVED BY MARCH 25, 2015 AT 5:00:00 P.M. CST. Information on how to enter and prizes form part of these official rules (“Official Rules”). By submitting an entry, each entrant agrees to the Official Rules and warrants that his or her entry complies with all requirements set out in the Official Rules. This is a skill-based contest and chance plays no part in the determination of winners.
WHO MAY ENTER
Contest is open only to individuals who have reached the age of majority in their jurisdiction of residence or minors with consent of their legal parent/guardian. Employees of Focus Middle Tennessee (and its subsidiaries and affiliates) are not eligible. Contributors and/or volunteers who are not compensated ARE eligible for the contest. CONTEST IS VOID WHERE PROHIBITED.
HOW TO ENTER & CONTEST RULES
Each entry consists of an entry form and a single photograph. Complete an entry form with the required information, including your name, address, telephone number, email address, photo caption and submit along with your photograph in accordance with the instructions that follow. Multiple entries can be submitted.
Each entry must comply with the following requirements:
- Submitted photos must be named with your first name, last name and the number of the photograph you’ve submitted (JaneDoe_1.jpg, JaneDoe_2.jpg, etc.).
- Photographs must be in digital format. Only online entries will be eligible. No print or film submissions will be accepted for entry into this Contest. All digital files must be 20 megabytes or smaller, must be in JPEG or .jpg format
- Photos must be high-resolution (MUST be 300 dpi/taken with the highest setting on your camera). Exact dimensions for the cover are 8.877x11.377 inches. Photos should be large enough to be cropped as such (this does account for a bleed)
- Images should be shot with the intention of placing text/copy around the focus of the image so background noise/clutter should be avoided or able to be edited out if needed.
- By submitting your photo, you acknowledge the image could be cropped, color corrected, or further manipulated to meet our print specs.
- Photographs that include sculptures, statues, paintings, and other works of art will be accepted as long as they do not constitute copyright infringement or fraud; provided entrants must be prepared to provide a release form as described below in "Release." When photographing the work of others, it must be as an object in its environment and not a full-frame close-up of another person's art.
- The photograph, in its entirety, must be a single work of original material taken by the Contest entrant. By entering the Contest, entrant represents, acknowledges, and warrants that the submitted photograph is an original work created solely by the entrant, that the photograph does not infringe on the copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property rights of any person or entity, and that no other party has any right, title, claim, or interest in the photograph.
- The photograph must not, in the sole and unfettered discretion of the Sponsor, contain obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content.
- Disguising or misrepresenting the origin of your content is cause for disqualification.
- Watermarks are unacceptable. Unless Sponsor receives a non-watermarked version of the entry within three (3) days following its request, the entry may be disqualified.
- Proof of submission is not proof of receipt. Entries must be made by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, internet domain owner, or other person or organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor reserves the right to examine the original photograph/source material in order to confirm compliance with these rules.
- Submissions are due by Mar. 25, 2019, at 5:00 pm CST.
Winners will be selected by the Focus Middle Tennessee Staff. Winners will be chosen in April and will be notified by e-mail. Decisions of the Judges are final and binding.
- If the photograph contains any material or elements that are not owned by the entrant and/or which are subject to the rights of third parties, and/or if any persons appear in the photograph, the entrant is responsible for obtaining, prior to submission of the photograph, any and all releases and consents necessary to permit the exhibition and use of the photograph in the manner set forth in these Official Rules without additional compensation. If any person appearing in any photograph is under the age of majority in their state/province/territory of residence the signature of a parent or legal guardian is required on each release.
- Upon Sponsor's request, each entrant must be prepared to provide (within seven (7) calendar days of receipt of Sponsor's request) a signed release from all persons who appear in the photograph submitted, and/or from the owner of any material that appears in the photograph entry, authorizing Sponsor and its licensees (“Authorized Parties”) to reproduce, distribute, display, and create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known. Failure to provide such releases upon request may result in disqualification at any time during the Contest and selection of an alternate winner.
- Similarly, upon Sponsor's request, each entrant must be prepared to provide (within seven (7) calendar days of receipt of Sponsor's request) a signed written license from the copyright owner of any sculpture, artwork, or other copyrighted material that appears in the photograph entry, authorizing any Authorized Party to reproduce, distribute, display, and create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known. Failure to provide such releases upon request may result in disqualification and selection of an alternate winner.
- Finally, upon Sponsor's request, each entrant must be prepared to provide (within seven (7) calendar days of receipt of Sponsor's request) a signed written license from the owner of any private property included in the photograph entry, authorizing any Authorized Party to reproduce, distribute, display, and create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known. Failure to provide such releases upon request may result in disqualification and selection of an alternate winner.
- For the purposes of these Official Rules, the entrant will be deemed to be in receipt of Sponsor's request or notification, (a) in the event that Sponsor sends the request by postal mail, five business days after the request was sent by Sponsor, or (b) in the event that Sponsor sends the request by email, on the day that the email was sent by Sponsor.
The First Place Winner will have his/her/their winning photograph will be published as the cover of the May/June 2019 issue of Focus Middle Tennessee magazine.
- Winner is responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning a prize depend on the number of eligible entries received and skill of the entrant.
- Potential winners shall be required to sign and return within ten (10) days following an attempted notification, an Affidavit of Eligibility and Liability Release, Warranty of Ownership and License, and Publicity Release (“Affidavit”) in which the entrant warrants that he/she is the owner of the photograph (and all the intellectual property rights in the photograph submitted) and grants to Sponsor and its licensees the License described below. Failure to execute and deliver any required documents to Sponsor by the specified deadline may result in disqualification from the Contest, and selection of an alternate potential winner. No prize transfer, assignment, or substitution by winners permitted. If a prize (or part of a prize) is unavailable, Sponsor, in its discretion, reserves the right to substitute the original prize (or that part of the prize) with an alternative prize of equal or greater monetary value and/or specification, unless to do so would be prohibited by law.
- NONCOMPLIANCE OR RETURN OF PRIZE NOTIFICATION AS UNDELIVERABLE, WHETHER BY REGULAR MAIL OR BY E-MAIL, MAY RESULT IN DISQUALIFICATION AND SELECTION OF AN ALTERNATE POTENTIAL WINNER.
By entering the Contest, all entrants grant an irrevocable, perpetual, worldwide non-exclusive license to Focus Middle Tennessee and its subsidies ("Authorized Parties"), to reproduce, distribute, display and create derivative works of the entries (along with a name credit) in connection with the Contest and promotion of the Contest, in any media now or hereafter known, for no additional compensation, including, but not limited to: display at a potential exhibition of winners; publication of a book featuring select entries in the Contest; publication in Focus Middle Tennessee magazine and/or its sister publications or online highlighting entries or winners of the Contest; and offering as downloadable wallpaper to users of the Contest website (the “License”). Entrants consent to Sponsor doing or omitting to do any act that would otherwise infringe the entrant’s “moral rights” in their entries. Display or publication of any entry on an Authorized Party’s website does not indicate the entrant will be selected as a winner. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use as authorized by the License. Additionally, by entering, each entrant grants to Authorized Parties the unrestricted right to use all statements made in connection with the Contest, and pictures or likenesses of Contest entrants, or choose not to do so, at their sole discretion, except where prohibited by law. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use.
LIMITATION OF LIABILITY
- By entering this Contest, all entrants agree to release, discharge, and hold harmless Sponsor and its partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives from any claims, losses, and damages arising out of their participation in this Contest or any Contest-related activities and the acceptance and use, misuse, or possession of any prize awarded hereunder.
- Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to Contest entries or entry forms; or alteration of entries or entry forms. Sponsor is not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any entry to be received on account of technical problems or traffic congestion on the Internet or at any website, human errors of any kind, or any combination thereof, including any injury or damage to entrants' or any other persons' computers related to or resulting from participation, uploading or downloading of any materials related to in this Contest.
- In the case of entrants who are Australian or UK residents, the preceding two clauses do not operate in respect of any implied condition or warranty the exclusion of which from these Official Rules would contravene any Australian or UK statute or cause any part of these Official Rules to be void.
- THIS CONTEST IS VOID WHERE PROHIBITED. Entrants agree that this Contest shall be subject to and governed by the laws of Tennessee and the forum for any dispute shall be in Tennessee, United States of America. To the extent permitted by law, the right to litigate, to seek injunctive relief or to make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded and any entrant expressly waives any and all such rights. Certain restrictions may apply. Entries are void if Sponsor determines the photograph to not be an original, or if the entries are incomplete, inaccessible or blocked, corrupted, damaged, irregular, altered, counterfeit, produced in error or obtained through fraud or theft.
- By entering, entrants also agree (a) to be bound by these Official Rules; (b) that the decisions of the Judges are final and binding with respect to all matters relating to the Contest; and (c) if the entrant wins that Authorized Parties may use the winning photographs and each winner's name, photograph, likeness, and/or voice in any publicity or advertising relating to the Contest or future promotions without compensation or approval (except where prohibited by law).
- All federal, state/provincial/territorial, and local taxes, fees and surcharges and taxes (whether foreign or domestic, and including income, sales, and import taxes) on prizes are the sole responsibility of the prize winners.
- Sponsor reserves the right to verify the validity and originality of any entry and/or entrant (including an entrant's identity and address) and to disqualify any entrant who submits an entry that is not in accordance with these Official Rules or who tampers with the entry process. Failure by Sponsor to enforce any of its rights at any stage does not constitute a waiver of those rights.
RIGHT TO CANCEL OR SUSPEND CONTEST
If for any reason the Contest is not capable of running as planned, due to infection by computer virus, bugs, worms, trojan horses, denial of service attacks, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right, at its sole discretion, to disqualify any individual(s) who tamper with the entry process, and/or to cancel, terminate, modify, or suspend the Contest. If Sponsor elects to cancel or terminate the Contest, Sponsor will not retain any rights in the submitted photographs.
Entrants are responsible for complying with these Official Rules. Winners' names will be available online at www.focusmidtenn.com/Pride-Photo-2019 on or about April 10, 2019.
- Entrants agree that personal data, especially name and address, may be processed, shared, and otherwise used for the purposes and within the context of the Contest and any other purposes outlined in these Official Rules. The data may also be used by Sponsor in order to verify the entrant's identity, postal address, and telephone number or to otherwise verify the entrant's eligibility to participate in the Contest. Entrants have the right to access, review, rectify, or cancel any personal data held by Sponsor by writing to Sponsor at 1145 17th Street NW, Washington, DC 20036-4688. Personal data will be used by Sponsor and its affiliates exclusively for the purposes stated herein.
- NOTICE TO INDIVIDUALS: REMOVAL FROM MAILING LIST: Any individual (or other duly authorized person) may elect to exclude the name and address of that individual from all lists used by Sponsor to mail contests or sweepstakes. To elect to have an individual's name excluded from all such lists, submit a removal request in writing to: Focus Middle Tennessee, Attention: Digital Media, PO Box 331585, Murfreesboro, TN 37133-1585. This notification system may be used to prohibit mailing of all contests or sweepstakes by Sponsor to such individual.