2. 1. ELIGIBILITY
The Contest ("Contest") is offered only to professional and amateur photographers working in all forms of photographic media - black and white or color, using traditional or digital elements of both processes -- who are of full legal age in the jurisdiction in which they live. Employees and directors of Jupitermedia Corporation ("JUPM") and all of its subsidiary or affiliate companies and their immediate family (spouse, mother, father, sister, brother, daughter or son, regardless of where they live) or members of their same households (whether related or not) of such employees and directors are not eligible. By entering, you agree to these official rules and the decisions of JUPM, which are final and binding in all respects.
2. CONTEST PERIOD
Contest period begins on December 1, 2007, at noon Eastern Time (ET), and ends on December 31, 2007, at midnight ET ("Promotional Period"). No purchase is necessary.
JUPM reserves the right to terminate the Contest by giving notice, in which case the Contest will immediately terminate. (Should the Contest be terminated as aforesaid, the prizes will nevertheless be awarded as stated below.)
3. ENTRY
You may only enter the Contest online via the Internet. Any mail-in entries will be rejected.
(a) Internet Method: To enter by Internet, you must upload your entry via the method provided on the Contest Web site at Graphics.com Web site. This requires being a Graphics.com site member, which membership is available free of charge. Unless otherwise advised on the Contest Web site, any other attempt at Internet or email entry is void.
ONE ENTRY MAXIMUM PER MEMBER, ALL OTHER ENTRIES ARE DISQUALIFIED.
(b) By submitting your image, graphic, animation, clipart, font, photo, listing, link or other content ("Content") to this Web site (the "Site"), you represent that the Content is your own and that you have the full rights to upload your Content and that uploading your Content to this Site will not violate or infringe the rights of any third person, including but not limited to, rights in copyrights, patents, trademarks, trade secrets or other proprietary rights. You are solely responsible for complying with the laws of the jurisdiction in which you reside and will hold JUPM harmless from any liability arising from your participation in the Contest. You further represent that you will not upload any Content that is defamatory, obscene, in violation of any law, or contains any viruses, "worms", "trojan horses" or any other harmful or destructive properties. JUPM may remove or reject any submissions for any reason. By submitting Content, you grant to JUPM, its parent and affiliates (collectively the "Company"), a perpetual, royalty-free, non-exclusive, worldwide license to (i) electronically publish and distribute the Content in all versions of the Site including the right to translate and electronically publish and distribute the Content to other Internet sites under license, contract or common ownership with the Company; (ii) include the Content in advertising and promotion; (iii) to include the Content in print and non-print products.
(c) By submitting your image, graphic, animation, clipart, font, photo, listing, link or other content ("Content") to this Web site (the "Site"), you represent that the Content is your own and that you have the full rights to upload your Content and that uploading your Content to this Site will not violate or infringe the rights of any third person, including but not limited to, rights in copyrights, patents, trademarks, trade secrets or other proprietary rights. You further represent that you will not upload any Content that is defamatory, obscene, in violation of any law, or contains any viruses, "worms", "trojan horses" or any other harmful or destructive properties. JUPM may remove or reject any submissions for any reason. By submitting Content, you grant to ArtToday Inc., its parent and affiliates (collectively the "Company"), a perpetual, royalty-free, non-exclusive, worldwide license to (i) electronically publish and distribute the Content in all versions of the Site including the right to translate and electronically publish and distribute the Content to other Internet Sites under license, contract or common ownership with the Company; (ii) include the Content in advertising and promotion; (iii) to include the Content in print and non-print products.
4. CONTEST WINNERS
The contest winner is not chosen randomly. The winner is selected by an editor or site administrator based on such criteria as creativity and technical excellence. Each contest is monthly and there is one winner each month. If JUPM discovers, in its sole discretion that any winner’s participation in the Contest was prohibited under the laws of the Territory, that winner’s participation in the Contest shall be deemed null and void Jupitermedia shall award the prize to an alternative participant.
5. PRIZE
(1) Prize: One three-month free subscription to Photos.com. No assignment, transfer or substitution of prize is permitted. Taxes and other fees are the sole responsibility of winner.
6. GENERAL CONDITIONS
Winner is solely responsible for all costs, fees and taxes associated with winning. Prize may not be substituted, assigned or transferred and has no cash value. Winners may be required to execute and return a Liability Release within 5 days of notification. Failure to return documents timely, or if prize notification or prize is returned as non-deliverable, may result in disqualification with an alternate winner selected. Where permitted by law, winner (and in those instances when interim drawings have taken place, potential winners who have been selected in the interim drawings) agrees to grant to JUPM, and its licensees, affiliates and assigns, the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the winner's name, portrait, picture, voice, likeness and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further without such additional compensation, appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by JUPM. Failure to make such appearances or grant such rights may result in disqualification with an alternate winner or potential winner selected; and while not obligated to do so, JUPM may in its sole discretion, bare such reasonable costs and expenses which JUPM, in its sole discretion, deems appropriate for winners or potential winners to appear for a presentation or other activity. Further, by accepting a prize, each winner agrees to release and hold harmless JUPM, its licensees, their parents, affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize, participation in any Contest related activity, or participation in this Contest. Void where prohibited.
JUPM reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or Contest Web site; to be in violation of the Terms of Service of the Web site, to be acting in violation of the Official Rules; to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or if the Contest or the contestant’s participation in the Contest is illegal in the jurisdiction where contestant resides. or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods. In the event of a dispute as to entries submitted by multiple users having the same email account, the authorized subscriber of the email account used to enter the Contest at the actual time of entry will be deemed to be the participant and must comply with these rules. Authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, on line service provider or other organization, which is responsible for assigning email addresses or the domain associated with the submitted email address.
JUPM may prosecute any fraudulent activities to the full extent of the law.
7. LIMITATIONS OF LIABILITY
JUPM is not responsible for any incorrect or inaccurate information, whether caused by web site users, or tampering or hacking, 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, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the web site. JUPM is not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Contest or downloading materials from or use of the Web site. If, for any reason, the Contest is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of JUPM, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, JUPM reserves the right at its sole discretion to cancel, terminate, modify or suspend the Internet portion of this Contest for any drawing(s) and select the winner from regular mail-in entries and Internet entries received for that drawing prior to the action taken. IN NO EVENT WILL JUPM, ITS LICENSEES, AND OR ITS PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE CONTEST.
8. DISPUTES
As a condition of participating in this Contest, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively, before a court located in the State of Connecticut having competent jurisdiction, which Court shall apply the laws of the State of Connecticut without regard for doctrines of Conflict of Law. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with entering this Promotion), and participant further waives all rights to have damages multiplied or increased and any right to a jury trial.
9. WINNERS
The names of winners are available on request.