CONTEST TIMING:
2013 Ultimate Gingerbread Holiday Photo Contest (the “Contest”), with “Photo Submission Entry Period” from 1:00 AM PT on Monday, December 2nd, 2013 ending at 11:59PM PT on Tuesday, December 24th, 2013 and “Photo Voting Period” from 1:00 AM PT on Wednesday, December 25th, 2013 ending at 11:59 PM PT on Tuesday, December 31st, 2013.TERMS – All provisions, sections, conditions, and requirements of this Contest are collectively known as the “Terms” and/or the “Official Rules.”
ELIGIBILITY:
Contest is open to those who are 13 years and older as of 12/1/2013.Employees, officers and directors of Sponsor, its affiliates, agencies, those associated with the development, implementation and distribution of this Contest and their immediate families (spouse, children, parents, siblings, regardless of where they live) and persons living in the same household of such employees/officers/directors, whether related or not, are not eligible.
This Contest is void where prohibited or restricted by law.
PRIZES:
The Sponsor will award one prize for each Category.Award Categories
- People’s Choice: the Entrant whose photo receives the highest number of Facebook ‘Likes’ on the Sponsor’s Facebook Fan Page located at www.facebook.com/ultimategingerbread (“Sponsor’s Fan Page”). In the event multiple Entrants are tied for highest vote getter in the People’s Choice category, the photo’s will be objectively judged by a judging panel selected by Sponsor.
- Best use of Candy
- Best Holiday Theme Structure
- Best Holiday Theme Non-Structure
- Best Landmark
- Most Creative Use of Gingerbread
- Best Entry using a Gingerbread-By-Design pattern (from Ultimate Gingerbread or Gingerbread Source)
Ultimate Gingerbread and its judges reserve the right to decide in their final and sole discretion whether an entry is eligible for this photo contest.
Except for People’s Choice (except in the event of a tie), all other winners will be determined by judges appointed by Ultimate Gingerbread. Judges' decisions (as well as those of Sponsor) are final and binding on all matters and are not subject to appeal and their decisions will be final. Entries will be judged on workmanship, materials used, imagination, and creativity, and overall appearance.
Judging will take place immediately following the end of the contest, and winners will be announced at www.ultimategingerbread.com on January 1, 2014.
Award Prizes
Winners will receive a $50 Visa gift card and an award certificate.
HOW TO SUBMIT A PHOTO:
During the Photo Submission Entry Period of the Promotion, you may submit a photo, via the “Photo Contest - Gingerbread Contest” tab (“Contest Page”) on the Sponsor’s Fan Page. You must complete the on-screen registration form, including clicking the “like” button on the Sponsor’s Fan Page, and upload a photo of your Holiday Gingerbread Display. Your photo must adhere to all the Terms of this Contest. Registration information provided and the photo and the optional caption submitted shall collectively be referred to as the "Submission". Submissions must be complete to be posted. By submitting a photo and optional caption that meets all the requirements listed below, in Sponsor's sole discretion, Entrant understands that Entrant’s photo will appear along with all other eligible Entrants in the Contest Page, which will be opened for voting by the general public during the Photo Submission Entry Period. Entrant also understands that Sponsor may use that Submission and/or caption (or portions of the Submission and caption) for any purpose, in Sponsor’s sole discretion, including posting on other billboards, Sponsor's Site, other affiliated sites, Sponsor's social media sites.PHOTO REQUIREMENTS:
* Photo must be in .jpg, .png or .gif format only.* Photo must be high resolution with minimum 300 dpi with a maximum file size of 20 MB.
* Photo may NOT be owned, taken or edited by a professional photographer.
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SUBMISSION REQUIREMENTS:
* Submissions must be suitable for presentation in a public forum, in the sole discretion of the Sponsor.* SUBMISSION MUST BE ENTRANT’S OWN ORIGINAL UNPUBLISHED WORK AND CANNOT CONTAIN, INCORPORATE OR REFERENCE ANYTHING THAT IS OWNED BY ANY THIRD PARTY OR ENTITY OR WOULD REQUIRE THE CONSENT OF ANY THIRD PARTY OR ENTITY IN ANY JURISDICTION.
* The Submission must not contain information known by Entrant to be false, inaccurate or misleading.
* The Submission must not contain material that Sponsor in its sole discretion deems to be offensive, profane, vulgar, obscene, derogatory, or inflammatory.
* The Submission must not contain any material that Sponsor in its sole discretion deems to be an inappropriate use of language or visuals.
* The Submission must not contain material that Sponsor in its sole discretion deems to be defamatory, libelous, or slanderous content.
* The Submission must not contain content which infringes any third party's copyright, patent, trademark, trade secret, right of publicity, right of privacy, moral rights, and/or any other applicable personal or proprietary rights.
* The Submission must not contain content which violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, and false advertising).
* The Submission must not contain content that engages in, encourages, advocates, discusses with the intent to commit, or provides instructions for conduct that would constitute a criminal or civil offense or would otherwise violate any federal, state, local or international law or rule.
* The Submission must not contain material or content that is, or may reasonably be considered to be, hate speech, whether directed at an individual or group, and whether based upon the race, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of such individual or group or that is otherwise unlawfully threatening or unlawfully harassing to any individual, partnership, corporation, or political body.
* The Submission must not contain material or content for which Entrant was compensated or granted any consideration by any other third party.
* The Submission must not contain content or materials in which Entrant impersonates another person or entity.
* The Submission must not disparage any other person or party affiliated with the Contest and administration of this Contest.
* The Submission must not contain content that depicts alcohol or tobacco.
* The Submission must not contain text, images or artwork not created by the Entrant.
All Submissions (including those with captions) must adhere to the Photo Requirements and Submission Requirements and all the Terms of this Contest. All Submissions (whether or not they contain an optional caption) submitted become property of Sponsor and will not be returned to the Entrants. The Sponsor will in its sole discretion allow an Entrant to edit their Submission but nothing in the Terms of this Contest is to be construed as obligating the Sponsor to allow the Entrant to edit their Submission.
All eligible Submissions must be received by 11:59 p.m. PT on December 24th, 2013. Normal Internet access and usage charges imposed by Entrant’s online service may apply.
All photos and optional captions received by Sponsor will be reviewed and approved for compliance with these Terms by the Sponsor.
GENERAL RULES:
Sponsor's clock is the official clock for all purposes of this Contest. This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to Sponsor and not to Facebook. Contest is subject to federal, state and local laws and regulations. Each Entrant releases Sponsor, its affiliates, agencies, and assigns from any liability and/or loss resulting from participation in the Contest or acceptance and/or use or misuse of the prize. Sponsor makes no warranty, representation or guarantee regarding the Prizes. By registering and entering the Contest, Entrants are agreeing to these Terms and the decisions of the voters, which are final and binding in all respects. No mechanical/automated devices may be used to register for/enter the Contest. Sponsor and its agencies are not responsible for computer malfunctions or technical issues of any kind. Sponsor reserves the right to disqualify anyone tampering with the Sponsor’s Fan Page or registration/entry process; but, disqualification of the offending Entrant shall not represent the sole remedy available to Sponsor. No other prize other than the Prizes described above will be made available to be awarded in the Contest. If, for any reason, the Contest is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, technical limitations or failures, or any other causes which, in the sole discretion of the Sponsor, could compromise, undermine or otherwise affect the administration, security, fairness or proper conduct of the Contest, the Sponsor reserves the right in its sole discretion, to modify these Official Rules and/or to cancel, terminate, modify or suspend the Contest. In the event of termination or cancellation, Sponsor will proceed with the Contest and make the Prizes available in a manner which is deemed by Sponsor in its sole discretion to be fair, appropriate and in accordance with these Official Rules. Sponsor and its agencies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or unauthorized access to the web site. Sponsor and its agencies are not responsible for injury or damage to participants' or to any other person's computer, other equipment, or person relating to or resulting from participation in the Contest, or from downloading materials or accessing the Sponsor’s Fan Page. In the event of a dispute over the ownership of an email address, the name registered with the related Internet service provider will be used.GENERAL CONDITIONS:
Participants agree (a) that the Sponsor, its affiliated companies, advertising and promotion agencies, Facebook and all of their respective officers, directors, employees, representatives and agents (individually and collectively "Releasees") are released, will have no liability whatsoever for, and shall be held harmless by participants against any liability for any injuries, losses or damages of any kind (whether due to negligence or otherwise) to person(s), resulting in whole or in part, directly or indirectly, from acceptance, or use of the Prize or participation in this Contest or any Contest related activities, and, (b) Contest Prize Winners grant permission to Sponsor and those acting under its authority the right to the use of their name, picture, likeness, voice, biographical information and statements, at any time or times, in perpetuity, for advertising, trade, publicity and promotional purposes without additional compensation (except where legally prohibited), in all media now known or hereafter discovered, worldwide and on the Internet and World Wide Web, without notice, review or approval.LIABILITY LIMITATIONS:
Releasees are not responsible for lost, late, misdirected, incomplete, or non-delivered Submissions; or for interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Web site, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of entry or other information or the failure to capture, or loss of, any such or similar information. In no event will Releasees be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of your access to and use of the Sponsor’s Fan Page or downloading from and/or printing material downloaded from Sponsor’s Fan Page. Without limiting the foregoing, everything on Sponsor’s Fan Page is provided "as is" without warranty of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding these limitations or exclusions.DISPUTE RESOLUTION/CHOICE OF LAW:
Entrants irrevocably consent that any action, dispute or claim regarding the Contest or these Official Rules will be resolved according to the provisions of this section including the remedial options in numbered points a. and b. below. EACH ENTRANT HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS CONTEST OR ANY RELEASED CLAIMS AND:a. If a dispute arises out of or relates to this Contest, or the breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation under the Commercial Mediation rules of the American Arbitration Association, before resorting to arbitration.
b. Any dispute arising out of or relating to this Contest, or the breach thereof, that cannot be resolved by mediation within 30 days shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. The arbitration will be conducted in the English language in the County of Lane, Oregon, in accordance with the United States Arbitration Act. There shall be three arbitrators, named in accordance with such rules.