MANCHESTER BUSINESS ASSOCIATON
1. BRIEF OVERVIEW. Manchester, VT’s photo contest begins May 15, 2021 at 12:00 A.M. EST, and ends June 13, 2021 at 11:59 P.M.
2. ELIGIBLITY: To be eligible to win a prize, all submitted photographs must be taken in Manchester, Vermont and feature aspects of Manchester, VT. Photographs that have been digitally or otherwise altered beyond standard optimization (e.g., removal of dust, cropping, adjustments to color and contrast) will be disqualified. Normal processing of RAW image files or minor adjustments to color and contrast are acceptable. You may be required to provide the Manchester Business Association, (MBA) further known as the Sponsor, with RAW image files in the time-frame provided upon request (generally within seven days). Failure to timely provide RAW files may result in the disqualification of the photograph. The decision by the judges to disqualify any submission is final. Must be 18 or older to enter.
3. CONTEST REGISTRATION: Submit all photographs online.
To enter, you must:
(a) Log onto the contest website at manchestervermont.com/photo-contest/
(b) Click SUBMIT PHOTOS to attach photo submissions.
4. CONTEST SUBMISSION REQUIREMENTS. Photographs submitted online MUST meet the following requirements:
(a) Be no larger than 35 megabytes
(b) Be close to 2400 pixels wide (for horizontal photographs) or 2400 pixels tall (for vertical photographs) at 72 dpi
(c) Be saved in RGB mode
(d) Be saved in the JPG format
(e) If you plan to submit more than one photograph, number each photograph in the title
(f) Fill in all the information boxes on the Entry Form, including where the photograph was shot and any additional caption information. Note that any additional photograph information you provide at entry, such as the camera, equipment, location of photograph, subject of photograph, and the story behind the shot, while interesting, will have no effect on a photograph’s score.
5. PHOTOGRAPHY LEGAL REQUIREMENTS. Each Artwork must be the Entrant’s own original and accurate creation, created solely by Entrant. Each Artwork must not have been published previously or won any other contest, prize, or award, may not currently be submitted or under consideration in another promotion during the Contest Period, and the right to submit it in the Contest must not be restricted. Each Artwork must not invade or defame the publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights; nor may it mention the name, trademark or logo of any manufacturer, business, brand, product, company or character not owned by Sponsor. Sponsor reserves the right, at any time, to require satisfactory proof that the Entrant has obtained consent from any person(s) or entity who may reasonably claim that their privacy or publicity rights have been or will be violated by submission or use of an Artwork. No reproduced, illegible, incoherent, incomplete, offensive or distasteful Artwork will be accepted. Similarly, Artwork may not: contain, mention, refer or otherwise allude to any obscene, lewd, violent, illegal, offensive, disparaging, or inappropriate words, abbreviations, language, signs, products, or symbols (including, but not limited to, words that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group). Non-complying or incomplete Artwork will be disqualified. By entering, each Entrant agrees that he/she will not bring any claim, action or proceeding of any kind or nature against Sponsor, their respective parents, affiliates, subsidiaries, advertising, promotion, and web design agencies, or other individuals/entities associated with the Contest, including without limitation officers, directors, employees, agents and representatives of the foregoing entities (“Sponsor & Others”).
6. CONTEST JUDGING & JUDGING CRITERIA: Judging will be conducted by a panel, and judges will score eligible photographs using the following criteria:
(a) Technical Quality (30 percent)
(b) Originality (30 percent)
(c) Artistic Merit (40 percent).
A grand prize will be awarded to the highest scoring photograph.
In the event of a tie for the Grand Prize, the judges will use the artistic merit score of each tied photograph to rank the photographs. The photograph with the highest artistic merit score will be the winner for that division. If there continues to be a tie after the artistic merit scores are compared, the judges will compare and rank the technical quality scores, and then the originality scores, in that order. If the scores of the photographs are still tied, the sponsors will assemble a separate panel of judges who will review the tied photographs using the above criteria. The decisions of the judges and the sponsors will be final. Winner will be contacted and confirmed by email and/or telephone.
7. CONTEST PRIZE: Please note that it is solely the responsibility of the Contest Winner to file and pay any and all applicable federal, state, and local taxes on the actual retail value of the Contest Prize. All federal, state and local laws and regulations apply. Sponsor reserves the right, in its sole discretion, to disqualify and select an alternate Contest Winner in the event that (a) a Contest Winner is unreachable; (b) the Contest Prize notification email or letter is returned as undelivered or is not responded to; (c) a Contest Winner fails to provide Sponsor with satisfactory proof of age, identity, and residency; (d) a Contest Winner fails to execute and return the required Affidavit of Eligibility/ Compliance or a Publicity/ Liability Release by the specified return date, regardless of the cause of such failure; (e) a Contest Winner declines acceptance of the Contest Prize; or (f) Sponsor makes the determination that a Contest Winner has not complied with these Official Rules. Entrants should regularly check their spam filters to ensure they do not contain any Contest notifications emails.
8. REPRESENTATIONS AND WARRANTIES & GRANT OF RIGHTS AS CONDITIONS OF ENTRY. An Entrant, by submitting a Contest Submission, represents and warrants that: (a) he/she has the legal capacity to enter the Contest; (b) the Artwork and all of the content material contained in the Artwork are original and have been legally created by the Entrant and by no other persons; (c) he/she owns all of the rights and title to the Artwork; (d) the Artwork does not infringe the intellectual property, privacy or publicity rights, or any other legal or moral rights of any third party; (e) the Artwork has not entered in or won previous contests or awards; (f) the Artwork has not been published or distributed previously in any media; and (g) he/she has obtained permission from each person whose name is included in the Artwork, and that such person(s) has/have granted the Entrant all necessary rights to use the person’s name as described in these Official Rules, and that Entrant can and will make written copies of such permissions available to Sponsor upon request. If the name of a minor is included in the Artwork, such grant of rights must include written permission from the minor’s parent or legal guardian authorizing the use of the minor’s name on behalf of the minor. Each Entrant further agrees to indemnify and hold harmless Sponsor & Others and their respective officers, directors, employees, agents and representatives from any and all claims, damages, expenses, costs (including, without limitation, attorneys fees) and liabilities (including, without limitation, settlements) brought or asserted by any third party against any of them due to or arising out of his/her Artwork, or the Entrant’s conduct in creating the Artwork, or any advertising or products subsequently produced, presented, and/or prepared by or on behalf of Sponsor using the Artwork or other actions in connection with the Artwork, including, but not limited to, claims for trademark infringement, copyright infringement, violation of an individual’s right of publicity or right of privacy, false advertising or defamation.
9. GRANT OF RIGHTS:
a) By accepting a Contest Prize, the Contest Winner unconditionally assigns and transfers to Sponsor all rights, title and interest including, without limitation, copyright and other intellectual property interests, in whole and in part, which he/she now has or may in the future have to the submitted Artwork and/or any element(s) therein including, without limitation, its use for advertising, publicity, promotion, or in commerce and in any and all media worldwide without limitation and without additional payment or consideration to any person or entity. Furthermore, the Contest Winner agrees that each of his/her Artwork will be deemed a Work Made For Hire under Copyright laws of the United States, but if it cannot be so deemed, then the Contest Winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Artwork, including but not limited to, all copyright and trademark rights which he/she may have, in the United States and worldwide, therein, for valid consideration, the receipt and sufficiency of which are hereby acknowledged.
b) By submitting a Contest Submission, each Entrant irrevocably grants Sponsor and its affiliates, legal representatives, assigns, agents and licensees, the nonexclusive, royalty-free, perpetual, irrevocable, transferable, unconditional, unlimited and worldwide right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse each Artwork (in its original form or as edited/modified in any way by Sponsor in its sole discretion), as well as to use (or not use) it or any portion of it in any and all media without limitation, worldwide and throughout perpetuity, without additional compensation, notice to, or approval from the Entrant or any other party.
c) Sponsor shall have the right to edit, modify, publish, use, alter, assign, transfer or dispose of each Artwork however it sees fit without approval of the Entrant.
d) The Contest Winner agrees that his/her personal information may be used in connection with the Contest and Sponsor may use the name and/or likeness of each Contest Winner, worldwide in any medium, without limitation, for advertising/ promotion purposes without additional compensation as allowed by law.
e) Each Entrant hereby waives in favor of Sponsor, all right of “Droit Moral” or “Moral Rights of Authors” or any other intellectual property rights, privacy/publicity rights, or similar rights or principles of law that he/she may now or later have to his/her Artwork that might limit or preclude Sponsor’s use of the respective Artwork and agrees not to sue or assert any claim against Sponsor & Others arising out of or connected to the use of the Artwork.
f) Each entrant represents, understands and acknowledges that neither he/she nor any third party will be paid for or receive any form of compensation or royalty in exchange for granting sponsor the rights set forth in this Rule 9, or for any subsequent use of such artwork by sponsor, other than the contest prizes described in these official rules.
10. LIMITATION OF LIABILITY. Sponsor & Others are not responsible for illegible, lost, late, incomplete, stolen, misdirected, postage due, or undeliverable, email or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability, or garbled, corrupt or jumbled transmissions, service provider/ Internet/ web site/ user net accessibility, availability, or traffic congestion, or any typographical, mechanical or technical error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information. Sponsor & Others are not responsible for any incorrect or inaccurate information, whether caused by web site users, or by any of the equipment or programming associated with or utilized in the Contest, and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, typographical or technical error, theft or destruction or unauthorized access to any web site(s). Sponsor & Others are not responsible for any injury or damage, whether personal or property, to participants or to any person’s computer related to or resulting from participating in the Contest. If, for any reason, the Contest is not capable of running as planned, Sponsor reserves the right , at its sole discretion, to cancel, terminate, modify or suspend the Contest or any portion of the Contest and/or proceed with the Contest in a manner deemed fair and appropriate to Sponsor.
In no event will sponsor & others be responsible or liable for any damages or losses of any kind, including without limitation, direct, indirect, incidental, consequential or punitive damages arising out of any entrant’s participation in the contest or acceptance of any contest prize. Sponsor makes no warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement as to any contest prize or any component of any contest prize. Sponsor reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Contest or any portion of the Contest, to be acting in violation of these Official Rules, or to be acting with the intent to disrupt the normal operation of the Contest or any portion of the Contest. Should any individual attempt to deliberately damage any website or undermine the legitimate operation of the Contest, 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. PUBLICITY RIGHTS. Each Entrant who submits a Contest Submission agrees to allow Sponsor and/or Sponsor’s designee the perpetual right to use his/her name, photos and/or likeness, and statements for promotion, trade, commercial, advertising, and publicity purposes, at any time or times, in all media now known or hereafter discovered, worldwide, without notice, review or approval and without additional compensation except where prohibited by law.
12. RELEASE. By participating in the Contest, each Entrant releases and agrees to indemnify and hold harmless Sponsor & Others and their respective officers, directors, employees, agents and representatives from and against any and all costs, claims, damages, or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel or slander), due, in whole or in part, directly or indirectly, to participation in the Contest or arising out of participation in any Contest or Contest Prize-related activity, or the receipt, use, or misuse of any Contest Prize or Contest Prize-related activity.
13. DISPUTES: Except where prohibited, by participating in the Contest, Entrants agree that: (a) except as otherwise specifically set forth in these Official Rules, any action arising out of or relating to the Contest, these Official Rules or the rights and obligations of any Entrant and/or Sponsor shall be filed exclusively in the U.S. District Court for the District of Vermont (or if the District Court shall not have jurisdiction over the subject matter thereof, then to the Superior Court in and for Bennington County, Vermont), and Entrants hereby consent and submit to the personal jurisdiction of such court for the purpose of litigating any such action, and right to a trial by jury is hereby waived; (b) any and all disputes, claims, and causes of action arising out of or connected with the Contest, these Official Rules and/or the rights and obligations of any Entrant and/or Sponsor shall be resolved individually, without resort to any form of class action, (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred and in no event will Entrants be entitled to receive attorneys’ fees or other legal costs; (d) under no circumstances will Entrants be permitted to obtain injunctive or other equitable relief, and an Entrant’s sole remedy will be an action at law for damages to the extent allowed by subparagraphs (c) and (e) of this Rule 13; and (e) under no circumstances will Entrants be permitted, and Entrants hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out of pocket costs described in (c) above; and (ii) 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 any Entrant and/or Sponsor, shall be governed by and construed in accordance with the laws of the State of Vermont, without giving effect or regard to any principles or doctrines of conflict of law of the State of Vermont or any other jurisdiction. If any provision or provisions of these Official Rules shall be held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
14. GENERAL: By participating in the Contest, Entrants agree to abide by these Official Rules. The decisions of Sponsor and the Judges shall be final and binding on all matters pertaining to the Contest. All Contest Submissions , including the original Artwork, become the property of Sponsor and will not be returned. All pertinent federal laws and laws of the State of Vermont shall apply. Void in all jurisdictions other than the 48 contiguous United States and the District of Columbia and wherever prohibited by law.
ADMINISTRATOR/SPONSOR: Manchester Business Association