By entering this contest, you agree to the conditions set forth in herewith, and with the following legal conditions.
Your entry to the contest constitutes your agreement to allow your photographs — and your name, city and state of residence — to be published as selected award winners in ACGA publications; published or used on websites owned by the ACGA; and used for promotions of the ACGA including, but not limited to, exhibitions, a photo contest calendar, a compilation book or electronic collection of photographs, online photo features and contests, and web pages providing ACGA information, updates, and rules. Entrants retain ownership and all other rights to future use of their photographs. The ACGA shall have the right to verify, in their sole judgment, winner eligibility.
By entering, participants warrant that his or her entry materials are original, do not infringe on any third party's rights, and that participant has obtained any necessary permissions from any third party if a third party or third party's property appears in the photograph. ACGA reserves the right to disqualify any entry if it finds in its sole discretion that any of the foregoing warranties are not true. Decisions of ACGA shall be final and binding.
By entering, participants release and hold harmless the ACGA, its respective subsidiaries, affiliates (collectively, the "Companies"), directors, officers, employees, attorneys, agents and representatives from any and all liability for any injuries, loss, claim, action, demand or damage of any kind rising from or in connection with the ACGA, or any prize won, any use of the entry materials by ACGA, the warranties participants make, any misuse or malfunction of any prize awarded, participation in any ACGA-related activity, or participation in the ACGA.
Participant agrees that any and all disputes that cannot be resolved with the Companies, and causes of action arising out of or connected with the ACGA, shall be resolved individually, without resort to any form of class action, before a court of competent jurisdiction. In any such dispute, participant shall, under no circumstances, be entitled to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (if any) associated with participating in the ACGA. Participant hereby waives all rights to have damages multiplied or increased.
Any attempt by an entrant or other individual to deliberately damage any website or undermine the legitimate operation of the ACGA is a violation of criminal and civil laws, and should such an attempt be made, the Companies reserve the right to seek damages to the fullest extent permitted by law.
The Companies are not responsible for any incorrect or inaccurate information, whether caused by website users or by any equipment or programming associated with or utilized in the ACGA Photo Contest, or by any technical or human error that may occur in the processing of submissions to the ACGA, including but not limited to any misprints or typographical errors. The Companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Companies are not responsible for any problems or technical malfunction of any telephone network or lines, computer equipment, servers, providers, computer on-line systems, software, or failure of email on account of technical problems or traffic congestion on the Internet or at any website, including injury or damage to participant's or to any other person's computer related to or resulting from participating or uploading images or information in the ACGA.
All federal, state, and local taxes, fees and surcharges on prizes are the sole responsibility of the winners. Winners may be required to execute and return an Affidavit of Eligibility/Release of Liability/Prize Acceptance Form. Return of any prize and/or prize notification as undeliverable or failure of any entrant to comply with any Official Rules may result in disqualification.
If, for any reason, the ACGA is not capable of completion as planned, including, but not limited to, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of the Companies that corrupt or affect the administration, security, fairness, integrity or proper conduct of the ACGA, the Companies reserve the right at their sole discretion to cancel, terminate, modify or suspend the ACGA Photo Contest.
In no event will the Companies, their advertising and promotional agencies, or their directors, officers, employees, attorneys, agents and representatives be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of participant's access to and use of the Companies' websites or the downloading or uploading and/or printing of material from said sites. Without limiting the foregoing, everything on the Companies' sites is provided "as is" without warranty of any kind, either express or implied. Some jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the foregoing limitations or exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding these limitations or exclusions.
All decisions by the ACGA judges will be final and binding.
