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1. Contest
Enter the Car Calendar Contest (“the Contest”) by first reading and agreeing to these Official Rules and then by submitting your original photo (“Photo” or “Entry”) and other requested information by the submission rules. If you do not agree to these terms and conditions, you may not submit an entry.
Submissions must include your photo and any other requested information. Eligible photos will be posted to the PhillyBurbs.com website for public voting.
Only one entry per car is allowed.
This contest is void where prohibited by law.
2. Sponsor
The Newspaper In Education program located at 8400 North Bristol Pike, Levittown, PA 19057, is the official sponsor of the NIE Car Calendar (“the Contest”).
3. Entry Period check the dates
Entries must be submitted between Wednesday, June 26, 2013 and Wednesday, July 31, 2013 at 11:59 PM EST (“Entry Period”). Entries that are not completed and received by Sponsor during the Entry Period are not eligible for the Contest and will not be posted or considered.
4. Entrant Eligibility
When you submit a photo to PhillyBurbs.com, you agree to be bound by the terms and conditions set forth in these Official Rules. PhillyBurbs.com reserves the right in its sole discretion to disqualify any entrant it finds to be acting in violation of these Official Rules.
5. Entries
Enter the Contest by going to the PhillyBurbs.com Contest website at www.phillyburbs.com/contests; read and agree to the Official Rules; and then follow the instructions to submit your original photo and provide the other requested information.
Entry into the Contest represents your acknowledgement that you have read and agree to be bound by the Official Rules and that the decisions of Sponsor as to any aspect of the Contest are in its sole discretion and binding in all respects.
6. Content and Form of Entry Restrictions
Photos must be original works submitted via the Contest submission form. Entries must be in English.
Entries must be of the car alone, no people permitted in the photo. All photos must be approved by the committee prior to being uploaded to the voting page.
Entries may not contain material that is inappropriate, violent, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous, or that degrades or demeans the human form, image or status of women, men or the members of any group based on race, religious, ethnic background, sexual orientation or any other minority status.
Entries may not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement.
PhillyBurbs.com is authorized to refuse any submission of any entry that may be deemed profane or offensive, violates any laws, uses the intellectual property of another or otherwise does not comply with these Official Rules.
7. Original Work and Legal Rights to Submit Work
By submitting a photo to the Contest you represent and warrant that, consistent with the terms of the Official Rules: (a) you own the copyright in the photo; (b) the photo constitutes your own original work, and does not violate, in whole or in part, any existing copyright, trademark or intellectual property of any other person or entity; (c) any third party content included in your photo (such as images, text, graphics etc.) is yours or covered by a license to use the third party content; (d) you are unaware of any agreement that is inconsistent with any representations you need to provide to comply with these Official Rules; and (e) you have full power and all legal rights to enter the Contest and provide to PhillyBurbs.com the license to use the photo and any other information provided.
8. License and Right to Use Likeness to Sponsor and Advertisers
By submitting a photo, you grant permission and a worldwide, perpetual, royalty-free nonexclusive license to the Sponsor and Advertisers to use, reproduce, create derivative works, perform, display, distribute, copy, post on PhillyBurbs.com and/or post on other websites the Entry photo. The Sponsor and Advertisers shall have the right to use the Entry in any manner, and at its sole discretion, and to promote the Contest in any manner it chooses.
By submitting a photo, you further agree and consent that PhillyBurbs.com and Advertisers may use your Entry, name, image, likeness, statements, voice, photo, video, biographical information, and city and state of residence to promote its Contest and its services, in perpetuity, in any and all forms of media and print, now known and hereafter devised, including without limitation on the Internet, without restriction as to the frequency or duration, and without compensation, consideration, notification or further permission, except as prohibited by law. Such use may include but is not limited to use by PhillyBurbs.com and by Advertisers on web sites, on social media sites, such as Facebook and Twitter, and in connection with any events associated with the Contest. To this end, you waive any rights to privacy or publicity or laws of similar effect.
By submitting an Entry, you agree and consent that any ideas, suggestions, and/or concepts included in your Entry will be publicly disclosed. You waive all rights, claims and lawsuits that you may have against PhillyBurbs.com, Advertisers or any other third parties related to use of any ideas, suggestions and/or concepts disclosed in the Entry.
9. Operation of the Contest:
PhillyBurbs.com has the right to determine eligibility prior to posting any Entry for voting, in its sole discretion. After posting an entry, PhillyBurbs.com has the right to remove and disqualify any entry without notice to the entrant which does not comply with these Official Rules including related to content and/or form of the Entry, in its sole discretion.
PhillyBurbs.com and Advertisers, and any of their agents are not responsible for illegible, lost, stolen, late, damaged, incomplete, mutilated or misdirected entries or for any problems or any technical malfunctions related to the electronic submission of entries or the operation of the Contest. If all required information is not provided or Entry is illegible, or technically inaccessible, the entry will be deemed ineligible. Any entries that do not comply with the Official Rules will be withdrawn, rejected, and deemed ineligible for participation. No entries can be returned or will be acknowledged.
If, for any reason, the Contest is not capable of running as planned, PhillyBurbs.com reserves the right in its sole discretion to cancel, terminate, modify or suspend the Contest. By entering the Contest, you acknowledge that no joint venture, partnership, employment or agency relationship exists between you and PhillyBurbs.com as to your Entry, feature or publicity of your Entry, award of the Prize or any other aspect of this Contest.
If less than 100 eligible entries are received, PhillyBurbs.com reserves the right in its sole discretion to cancel, terminate, modify or suspend the contest.
10. Community Voting on Entries
The community can vote as often as they like. Paid voting begins Sunday, August 11, 2013 and ends 11:59 PM EST on Monday, September 23, 2013. The cost to vote is $.20 per vote with a total minimum cost of $10.00 or 50 votes. Votes can be cast for one car or may be split among multiple entries.
Sponsor reserves the right to modify the Contest or disqualify an entrant if fraud, misconduct or technical failures destroy the integrity of the Contest as determined by PhillyBurbs.com, in its sole discretion.
If the voting process fails or is tampered with or tainted with errors, fraud or unfair practices, Sponsor reserves the right to use the judges’ determinations regarding the remaining criteria (see “Selection of Finalists”) to determine the finalists, or to cancel the contest entirely.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Limitations of Liability
Entrants, by participating in the Contest, release and agree to hold Sponsor and any Advertiser, and any of their parents, subsidiaries, affiliates and employees harmless from and against any and all liability, claims or action of any kind whatsoever for any injuries, losses or damages of any kind to persons, including death and bodily injury, and property, relating to or arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the Prizes, including participating in this Contest or in any Contest-related activity, whether sponsored, held by, or paid for by a third party or by Sponsor. Each entrant agrees to indemnify Sponsor from any and all liability resulting or arising from the Contest and to hereby acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize awarded or the Contest. Additionally, Sponsor is not responsible for late, lost, stolen, incomplete, misdirected, garbled, damaged, delayed or undelivered entries; or for any virus contracted by an entrant’s computer through participation in the Contest, for any incorrect or inaccurate information, whether caused by computer or Internet malfunction or interference, tampering, manipulation, weather or natural disaster, acts of war, or by any of the equipment or programming associated with or utilized in the Contest and assumes no responsibility for any error, omission, interruption, deletion, defect or delay in operation; or for failed computer, satellite, telephone, wireless or cable transmissions, lines or technical failure or jumbled, scrambled, delayed or misdirected transmissions, technical error, theft or destruction or unauthorized access. Sponsor is not responsible for other errors or difficulties of any kind whether human, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the notification of winner, or in any Contest-related materials. Sponsor is not responsible for lost, interrupted or inaccessible or unavailable network, server, wireless service, Internet Service Provider, website, or other connections or any combination thereof.
UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANTS HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ATTORNEY FEES. IN NO EVENT SHALL SPONSOR BE LIABLE TO ANY ENTRANT OR WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE AWARDED TO THE INDIVIDUAL ENTRANT IN THIS CONTEST. SPONSOR'S FAILURE TO ENFORCE ANY PROVISION IN THESE OFFICIAL RULES WILL NOT BE DEEMED A WAIVER OF SUCH.
12. Indemnification
By entering the contest, you agree to indemnify and to keep indemnified Sponsor, its parents, subsidiaries and affiliates, at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Entrant and/or breach of any representation and warranty set forth herein.
By entering the Contest, you agree to indemnify, defend, and hold harmless the Sponsor, its parents, subsidiaries and affiliates, and each of their officers, directors, employees, owners, and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from: (i) any Entry uploaded or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (ii) any misrepresentation made by you in connection with the Contest; (iii) any non-compliance by you with these rules; (iv) claims brought by persons or entities other than the parties to these rules arising from or related to your involvement with the Contest; (v) any malfunction or other problem with the Contest Site in relation to your entry and participation in the Contest; (vi) any malfunction or other problem with the Contest Site in relation to your entry and participation in the Contest; (vii) any error in the collection, processing, or retention of Entry or voting information in relation to your entry and participation in the Contest and in the voting process; or (vii) any typographical or other error in the printing, offering or announcement of any prize or winner in relation to your entry and participation in the contest.
Sponsor reserves the right to take exclusive control and defend any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Sponsor in asserting any available defenses.
13. Burlington County Times participants.
The Contest shall be governed by and interpreted under the laws of the State of New Jersey without regard to conflict of law provisions. By entering the Contest, you agree that any disputes, claims, causes of action or controversies arising out of or in connection with this Contest shall be resolved by the State and Federal courts covering Burlington County, New Jersey, which shall have sole jurisdiction of any controversy regarding or arising from the Contest or these Official Rules. BY ENTERING THE CONTEST, YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THE COURTS COVERING BURLINGTON COUNTY, NEW JERSEY AND SUBMIT TO THE JURISDICTION OF THE COURTS. Further, you acknowledge and agree that you may only assert claims on your own behalf and not on behalf of any other person or entity arising from or in connection with this Contest or these Official Rules.
Bucks County Courier Times and The Intelligencer participants
The Contest shall be governed by and interpreted under the laws of the State of Pennsylvania without regard to conflict of law provisions. By entering the Contest, you agree that any disputes, claims, causes of action or controversies arising out of or in connection with this Contest shall be resolved by the State and Federal courts covering Bucks County, Pennsylvania, which shall have sole jurisdiction of any controversy regarding or arising from the Contest or these Official Rules. BY ENTERING THE CONTEST, YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THE COURTS COVERING BUCKS COUNTY, PENNSYLVANIA AND SUBMIT TO THE JURISDICTION OF THE COURTS. Further, you acknowledge and agree that you may only assert claims on your own behalf and not on behalf of any other person or entity arising from or in connection with this Contest or these Official Rules.
14. Severability
If any provision of these Rules is found to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein.
15. Privacy Policy
Any personally identifiable information collected during this Contest will be collected by Sponsor and Advertisers and used by Sponsor and Advertisers for purposes of the proper administration and fulfillment of the Contest as described in these Official Rules and in accordance with Sponsor’s Privacy Policy as stated at http://www.phillyburbs.com/privacy/ and otherwise as allowed by law and these Official Rules, and by each Advertiser’s privacy policies, these Official Rules and otherwise as allowed by law and these Official Rules. Entrant agrees that Sponsor and its parents, subsidiaries and affiliates have no liability for any use of personally identifiable information provided to Advertisers and each Advertiser has sole responsibility for its use of any such information.
16. Infringement Notification Policy
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
If you believe in good faith that materials hosted by PhillyBurbs.com related to this Contest infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law;
(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All notices described above should be sent to PhillyBurbs: 8400 Bristol Pike Levittown, PA 19057.
We suggest that you consult a legal advisor before filing a notice or counter-notice as the above-stated requirements may have changed. Also, please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. It is the policy of PhillyBurbs.com and a term of these Official Rules to remove any content and disqualify any Entry that violates the copyright rights of any third party.
17. Names of Winners
The 15 winning cars will be featured in the 2014/2015 Newspaper In Education Car Calendar and also be list in the newspaper on Sunday, September 29, 2013.
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