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Facebook Photo Contest Rules

Eligibility.

THIS PHOTO CONTEST IS OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST AGE 18 (OR THE AGE OF MAJORITY UNDER APPLICABLE LAW). PHOTOS MUST BE CLEAN.

Disclaimer.

Facebook, Inc., any participating sponsors, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies (collectively, the “Released Parties”) will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Contest disruptions, injuries, losses or damages caused by events beyond the control of B&A or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Contest.

Contest Period.

The Contest starts on April 23, 2014 at 11:59 AM Central Time (“CT”) and ends on April 31, 2014 at 11:59 AM PT (the “Contest Period”). All entries must be received during the Contest Period to be eligible to win a prize. B&A’s computer is the official time-keeping device for the Contest.

How to Enter.

During the Contest Period (1) visit the B&A Facebook page at www.facebook.com/BAPropertyMaintenance; and (2) follow the instructions on how to submit your entry (the “Submission”). Submissions must be entered by emailing the photo to invoice@bandapm.com. By sending your Submission, you agree that your Submission conforms to the Submission Guidelines and Content Restrictions listed below (collectively, the “Guidelines and Restrictions”) and that B&A, in its sole discretion, may disqualify you from the Contest if it believes, in its sole discretion, that your Submission fails to conform to the Guidelines and Restrictions. By uploading your Submission, in addition to rights granted below, you: (a) grant to B&A all rights necessary to display your Submission on B&A’s Web site and B&A’s Facebook page; (b) hereby waive any so-called moral (e.g., creative rights) in your Submission; (c) represent and warrant that you have the right to grant the rights granted in these Official Rules; and (d) represent and warrant that your Submission and its use as contemplated in these Official Rules does not and will not violate, misappropriate, or infringe upon any law or regulation or the rights of any third party, including any copyright, trademark, or any rights of publicity or privacy, or any other intellectual property or proprietary rights.

Submission Guidelines:
  • The Submission must be a digital photo;

  • The Submission must be entrant’s original creation and owned one hundred percent (100%) by the entrant;

  • The Submission cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means; and

  • The Submission must demonstrate the following contest theme (“Contest Themes”):

  • – Best Spring Flower Photo

Content Restrictions:
  • The Submission must not contain material that violates, misappropriates, or infringes upon any law or regulation or the rights of any third party, including any copyright, trademark, or any rights of publicity or privacy, or any other intellectual property or proprietary rights;

  • The Submission must not disparage any person or entity;

  • The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, and/or defamatory;

  • The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and

  • The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submission is created.

For All Submissions:

You may submit no more than a total of one Submission during the Contest Period. Submissions received from any person or email address in excess of the stated limit, whether through multiple or different Facebook accounts or other applicable accounts or means, will be void. Entrant must have signed permission from all individuals (parents/legal guardian of children, if featured and if not your own) that appear in the Submission to use their name and image in the Submission and to grant the rights set forth herein. If requested by B&A, entrant must be able to provide such permissions in a form acceptable to B&A. By uploading a Submission, entrant grants to B&A (and B&A’s licensees and assigns) a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, and otherwise exploit the Submission in all media now known or hereafter devised, throughout the universe, in any way B&A sees fit including, but not limited to, entertainment, instruction/education, promotional, advertising and/or marketing purposes. In connection with all rights granted herein, B&A (and B&A’s licensees and assigns) shall also have the irrevocable right to incorporate Submissions, in whole or in part, into other works, in any form, media or technology now known or hereafter developed. If necessary, entrant will sign any necessary documentation that may be required for B&A or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Proof of submission will not be deemed proof of receipt by B&A.

Selection and Notification of Winner.

A panel of judges, determined by B&A in its sole discretion, (the “Judging Panel”) will select one (1) Submission as the prize winner. Selection of the winning Submission by B&A will be based on the following criteria (“Judging Criteria”): (a) how creative it is; (b) the extent to which it is inspirational; (c) how well it fits the Contest Theme; and (d) the quality of the Submission. The winner will be notified on or about May 5, 2014 by email. To claim the prize, the winner(s) should follow the instructions contained in his or her notification.

Identity of Entrant.

If a dispute arises about the identity of the entrant, entries made online will be declared made by the authorized account holder of the email address submitted at time of entry. An authorized account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address. The potential winner may be required to provide REI with proof that the potential winner is the authorized account holder of the email address associated with the winning entry.

Prize.

The prize is a $50 Table Mesa Gift Card (the “Prize”). One (1) Prize winner will be selected. The total approximate retail value of the Prize is $50. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER. The Prize will be awarded. If the Prize is returned as undeliverable or otherwise not claimed within ten (10) days after delivery of notification, the Prize will be forfeited and awarded to an alternate winner selected by the Judging Panel from all of the remaining eligible entries that meet the Judging Criteria. The Prize is not transferable, is not eligible for the REI member refund, and may not be used with any other promotional discount. No substitutions or exchanges (including for cash) of the Prize will be permitted, except that REI reserves the right to substitute a Prize of comparable or greater value for the Prize. The Prize is awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). The Prize will be fulfilled approximately four (4) to six (6) weeks after notification of the Prize winner.

No Facebook Endorsement.

This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Inc. Any information you provide in connection with the Contest is to B&A and/or its sponsors/administrators and not to Facebook. You understand that by using and interacting with www.facebook.com, you are subject to the terms, conditions, and policies that govern the use of www.facebook.com. You should therefore review the applicable terms and policies for www.facebook.com, including privacy and data gathering practices, before using or interacting with Facebook.
General Release. By entering the Contest, you release B&A and all Released Parties from any liability whatsoever, and waive any and all causes of action, for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or delivery, mis-delivery, acceptance, possession, or use of or inability to use any Prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
Use of Winner’s Name, Likeness, etc. Except where prohibited by law, entry into the Contest constitutes permission to use winner’s name, Facebook name, likeness, persona, hometown, and/or Prize information in all media now known or later devised throughout the universe in perpetuity for all purposes B&A deems appropriate – including, without limitation, for promotional and publicity purposes – without further permission or compensation. As a condition of being awarded any Prize, except where prohibited by law, winner may (in REI’s sole discretion) be required to execute a written consent, confirming REI’s right to use such winner’s name, Facebook name, likeness, persona, hometown, and/or Prize information without further permission or compensation.
Affidavit and Release. As a condition of being awarded any Prize, winner may (in B&A’s sole discretion) be required to execute and deliver to B&A a signed affidavit of eligibility, acceptance of these Official Rules, release of liability, and any other legal, regulatory, or tax-related documents required by B&A in its sole discretion.
Miscellaneous. The Contest and these Official Rules will be governed, construed, and interpreted under the laws of the state of Arkansas, U.S.A. Entrants agree to be bound by these Official Rules and by the decisions of B&A, which are final and binding in all respects. B&A reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Contest or any entrant’s participation in the Contest should viruses, bugs, unauthorized human intervention, or other causes beyond B&A’s control affect the administration, security or proper play of the Contest, or B&A otherwise becomes (as determined in its sole discretion) incapable of running the Contest as planned, in which event all Prizes will be awarded via the judging process outlined in these Official Rules, from among all eligible entries received prior to cancellation. Notwithstanding the foregoing, B&A reserves the right to amend, modify, or cancel the Contest at any time without notice. Entrants who violate these Official Rules; violate any law, rule, or regulation in connection with participation in the Contest; tamper with the operation of the Contest or engage in any conduct that is detrimental or unfair to B&A, the Contest, or any other entrant (in each case as determined in B&A’s sole discretion) are subject to disqualification from entry into the Contest. B&A reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Contest. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. If you have any questions about these Official Rules or the Contest, please email them to help@bandapm.com.
Contest Sponsor: B&A Property Maintenance. B&A is a state-wide exterior property maintenance company.

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