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The entry period for SURGE SUMMER SNAPSHOT SMACKDOWN II(“Contest”) starts at 11:59 PM (EST) on Thursday, July 8, 2010 and ends at 11:59 PM (EST) on Wednesday, August 11th, 2010 (“Contest Period”). SURGE SUMMER SNAPSHOT SMACKDOWN II Public Voting Period (“Voting Period”) starts at 11:59 PM (EST) on Wednesday, August 11th, 2010 and ends at 11:59 PM (EST) on Thursday, August 26th, 2010. The main sponsor of this contest is Weekly Surge. The Contest shall be subject to these Official Rules, and by entering, all participants agree to be bound by the terms and conditions herein and the decisions of Sponsors, which shall be final and binding in all respects.
1)NO PURCHASE NECESSARY TO ENTER OR WIN.
2)Eligibility: Contest limited to amateur photographers only. An amateur is defined as an individual earning 10 percent (10%) or less of his/her income from photography. This Contest is open to legal residents of the 50 United States and the District of Columbia (excluding Arizona) who are at least eighteen (18) years of age, or the age of majority in the state of his/her residence, whichever is older, at the time of entry. Employees (and the employees’ immediate family members living in the same household) of the Sponsors and their advertising companies, parent companies, affiliates, subsidiaries, promotion and delivery contractors and/or public relations companies affiliated with this Contest, are not eligible to participate. A potential winner may be requested to provide the Sponsors with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry and that all eligibility requirements are met. THIS CONTEST IS VOID WHERE PROHIBITED BY LAW.
3)How to Enter: Contestants are asked to submit a photograph (with a caption) exemplifying what Myrtle Beach means to them (“Submission”). To be eligible, a Submission must not contain identifiable logos or trademarks and must not violate the rights of any person, as determined by Sponsors in their sole discretion. All Submissions must be submitted and received within the Contest Period. Go to www.weeklysurge.com (the “Website”) and follow the instructions to complete the entry form and upload your photo via online submission. Photos must be in .jpeg formats, and must be 4”x6”-8”x10” and no smaller than 300 dpi (1200x1200 pixels). Altered or electronically enhanced images will not be considered. All Submissions must include contestant’s name, age, address, email address, and phone number. You must provide all information requested on the entry form, your contact information must be accurate, and you must have a valid e-mail account in order for your entry to be eligible. The caption must be no more than 150 words long and must be in English. Only one Submission from each contestant will be considered for the Contest. In the event of multiple Submissions by the same contestant, only the last Submission will be eligible and all other previous Submissions by such contestant will be disqualified. Sponsors reserve the right to determine in their sole discretion which Submissions have satisfied the entry requirements. Sponsors will not notify contestants whether or not their Submission has been rejected or accepted. Each Submission must be made by an individual contestant, only on the Website. Submissions made by any other individual or any entity, and/or originating at any other web site or e-mail address, including but not limited to commercial promotion subscription notification and/or entering service sites, will be declared invalid and disqualified for this Contest. The use of any device to automate the entry process is prohibited. Information submitted in conjunction with this Contest will be jointly owned by Sponsors, and the Sponsors will treat the information in accordance with their respective privacy policies. In the event of a dispute regarding the identity of an entrant, the holder of the e-mail account will be deemed the person who submitted the Submission.
4)Submitted Materials: Contestants are not permitted to submit any Submissions created by anyone other than themselves. If any group of individuals elects to collaborate on the Submission, it is required to designate the individual submitting the Submission as the agent of the group to enter the Contest, to agree to these Official Rules and accept any prize (if judged the winning Submission) on behalf of the group. Sponsors shall not be liable for any disputes between or among collaborators arising under or related to the Contest. If a dispute as to the identity of a contestant cannot be resolved to Sponsors’ satisfaction, the affected Submission will be deemed ineligible. By submitting a Submission, each contestant represents and warrants that no laws were broken in the creation of the Submission (including, without limitation, the photograph(s) contained therein) and that their Submission is their own original creation (that no party other than the entrant has any right, title or interest in and to the Submission or any part of the Submission), has not been copied in whole or in part from any other work, has not been previously published, does not violate the rights of any other person or company (including but not limited to privacy rights, publicity rights, trademark rights and copyrights), does not defame, libel, or slander anyone or any entity, and does not contain offensive, defamatory, vulgar, obscene or profane content, as determined by Sponsors in their sole and absolute discretion. Contestants agree to indemnify, defend and hold Sponsors harmless against any and all liabilities, losses, damages, claims, debts, investigations, fines, penalties, costs, expenses and settlements (including attorneys' fees and costs of litigation, settlement, judgment, interest and penalties) arising out of or related to a breach of the foregoing representations and warranties. All Submissions become the property of the Sponsors and will not be returned or acknowledged. Winners grant to Sponsors an irrevocable, world-wide, fully-paid, perpetual license to use their winning Submissions in any and all media, now known or hereafter devised, in any manner related to the Contest, without prior notice, approval or compensation, including but not limited to the first right to publish the winning Submissions in any medium. Winners otherwise will retain all rights to their Submissions, and the Sponsors’ publication of the Submission will not limit its use and ability to further market the Submission. Each contestant agrees that Sponsors have no obligation to use or continue using such contestant’s Submission. Submissions that do not comply with these Official Rules or that otherwise contain prohibited or inappropriate content as determined by Sponsors, in their sole discretion, will be disqualified and will not be considered for a prize. Sponsors make the final determination as to which Submissions are eligible to take part in this Contest and may be considered for a prize. Certain Submissions may be featured from time to time on the Website during the Contest, in Sponsors’ sole discretion; being selected as a featured Submission is unrelated to the Judging Criteria (as defined below) and does not guarantee selection as a prize winner in the Contest.
5)Selection & Voting: During the voting period which starts at 11:59 PM (EST) on Wednesday, August 11th, 2010 and ends at 11:59 PM (EST) on Thursday, August 26th, 2010, the public will be prompted to log onto the Website, www.weeklysurge.com, to vote on their favorite Submission from among all the submissions. The Top Ten photos will be determined by total votes received. At the end of the voting period, a judging panel will select the winning Submission from the top 10 Submissions (the “Finalists”) collected from all eligible Submissions received during the Contest Period, evaluating the Submission as a whole and complete piece (photo and caption), based on the following criteria: 0 to 25 points for originality of idea; 0 to 13 points for relevance to the theme; and 0 to 12 points for the quality of the Submission (e.g. evidence of effort expended) (collectively, the “Judging Criteria”).
6)Prizing: Prizes will consist of the following: The top five (5) highest rated Submissions, as determined by the Finalist Judges, will be printed inside the Weekly Surge, publishing on September 9, 2010. The one (1) highest rated finalist will have their photo featured on the cover of the Weekly Surge, publishing on September 9, 2010. In addition, the winning five (5) Submissions will be displayed at www.weeklysurge.com on September 10, 2010. The approximate retail value of the prize for each winning Submission is $500.00. Prizes are not transferable or redeemable for cash, and prize substitution will not be allowed, except at the discretion of the Sponsors, in which case a prize of equal or greater value (or cash equivalent, in Sponsors’ sole discretion) may be awarded. The value of the prize may be taxable to the Winner as income. The Winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. All properly claimed prizes will be awarded, but in no event will Sponsors award more prizes than are provided for in these Official Rules. Limit one prize per person.
7)Winner Notification: Sponsors will attempt to notify the five (5) potential Winners by telephone or by email using the information provided in the entry form by end of business Wednesday, September 1, 2010. If a potential Winner cannot be contacted or does not respond within twenty-four (24) hours of the first notification attempt, if a potential Winner does not fulfill the eligibility requirements, if a potential Winner does not adhere to the Official Rules, or if the prize notification is returned as undeliverable, that potential Winner will be disqualified and Sponsors may select a new potential Winner by the same Judging Criteria set forth above. All potential Winners will be required to sign and return an Affidavit of Eligibility, Liability Release and (where legal) a Publicity Release. If the Submission contains a readily identifiable person or people, the potential Winner must submit the name, address, and phone number of each person who is readily identifiable in the Submission and must submit a Photo Release and Waiver of Liability (as provided by Sponsors) signed by each identifiable person (or person’s parent or legal guardian in the event that subject is a minor in his or her state of residence) in the Submission. Failure to return all such documents set forth herein within twenty-four (24) hours of issuance of same will result in the potential Winner being disqualified and another potential Winner may be selected from remaining eligible Submissions, based on the criteria set forth above.
8)Responsibility Release: By entering, contestants agree to release, waive, and hold harmless Sponsors and their affiliates, subsidiaries, parent companies, advertising and promotional agencies, and all of their officers, directors, shareholders, employees and agents from and against any and all claims, losses, damages, and liability arising from injuries, damages, costs, or expenses of any kind (including without limitation attorney’s fees) incurred as a result of the contestants’ participation in this Contest and/or their acceptance, use, or misuse of any prize or element thereof.
9)Publicity: By entering this Contest, contestants agree to allow use of their name, voice, photograph, likeness, any information provided on entry form, and their Contest Submission in any medium of communication, including but not limited to print, Internet, radio and/or television and for any purpose, including advertising, promotional or other purposes, by Sponsors and their licensees and affiliates, without additional compensation or consideration, notification or permission, unless prohibited by law.
10)Internet: Sponsors are not responsible for printing or typographical errors in any Contest-related materials; for entries that are lost, late, misdirected, deleted, incomplete, inaccurate, or garbled or entries that are processed, reported, or transmitted late or incorrectly or are lost for any reason, including computer, telephone, paper transfer, human or other error, or for electronic, computer or telephonic malfunction or error, including inability to access any website associated with this Contest, or process any transaction thereon. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest promotional materials and the terms and conditions of these Official Rules, these Official Rules shall prevail and govern. If for any reason this Contest is not capable of running as planned, or if this Contest or any web site associated therewith (or any portion thereof) becomes corrupted or does not allow the proper playing of the Contest and processing of entries in accordance with these rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in the Sponsors’ opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Contest, the Sponsors reserve the right, at their sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend this Contest or any portion thereof. In the event this Contest is cancelled, the judges panel will select winners applying the criteria set forth above to all eligible, non-suspect Submissions received prior to the time of the action or event warranting such cancellation. If such cancellation, termination, modification, or suspension occurs, notification will be posted on the Website. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE (INCLUDING THE ENTRY SITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
11)Disputes: Except where prohibited, each entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state and/or federal courts located in Los Angeles, California; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsors in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of South Carolina without giving effect to any choice of law or conflict of law rules (whether of the State of South Carolina or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of South Carolina.
12)Winners List or Official Rules: For an Official Winners List (available after September 10, 2010) or a copy of these Official Rules, send a self-addressed, stamped envelope to Surge Summer Snapshot Smackdown II or go to www.weeklysurge.com. The winners list will be available after the winners have been verified and the prizes have been awarded.
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