Please read these Official Rules before entering the 2019 PWX Photo Contest (the “Contest”). Contest-specific information posted or otherwise distributed or published by Sponsor on how to enter the Contest, prizes, and other terms form part of these Official Rules and are deemed incorporated herein.
By submitting an entry for the Contest (“Entry”), you represent that you and your Entry meet all of the requirements established in the Official Rules and you accept and agree to be bound by these Official Rules and the decisions of American Public Works Association (the “Sponsor” OR “APWA”), which decisions are final and binding in all respects and not subject to appeal. NO APWA MEMBERSHIP OR ACCOUNT IS NECESSARY TO ENTER OR WIN. This is a voting-based contest and chance plays no part in the determination of winners.
The Sponsor is the American Public Works Association, 1200 Main Street, Suite 1400, Kansas City, MO 64105-2100, USA.
The Contest begins July 23, 2019 at 12:01 a.m. and ends August 14, 2019 at 5:00 p.m. (the “Entry Period”). ALL ENTRIES MUST BE RECEIVED BY August 14, 2019, 5:00 p.m. The Sponsor’s servers and clock will be deemed the official clock and the Contestant’s proof of submission does not constitute proof of the Sponsor’s receipt. The Sponsor and Related Parties (as defined below) are not liable for any lost, late, misdirected, incomplete, illegible, undelivered, garbled or delayed entries regardless of cause or person responsible including, but not limited to, any problem or technical malfunction of any computer, online system or server or technical problem or traffic congestion on the Internet or at any submission website.
WHO CAN ENTER
To be eligible to enter, the individual (“Contestant”) must: (a) be at least 18 years of age or older at the time the Entry is submitted, (b) be a legal resident of the United States; and (c) not be an employee, of APWA or an immediate family member (spouse, parent, child, sibling, regardless of where they live) or person living in the same household (whether or not related) of any such individual (all individuals and organizations identified in (c) are herein collectively referred to as “Sponsor and Related Parties”).
HOW TO ENTER
To enter, the Contestant must meet all of the eligibility requirements identified above and timely submit a completed entry form and a single uploaded photograph to the Sponsor during the Entry Period in the manner specified below. To enter, visit www.apwa.net for link to Contest website (the “Contest Website”); complete an entry form with the required information, including your name, email address, and photo caption; and submit along with your photograph in .jpeg, .jpg, .gif, or .png format (“Photo”).
The Photo, in its entirety, must be a single work of original material taken by the Contestant and must not (i) violate or infringe any copyright, privacy or publicity right, or other proprietary or intellectual property right of any person or entity; (ii) be defamatory, libelous, profane, vulgar, obscene or otherwise illegal, objectionable or inappropriate as determined by Sponsor in its sole discretion; or (iii) contain any watermarks. By submitting an Entry, each Contestant represents and warrants that the Entry meets all of the above Entry requirements and that Contestant has obtained any and all necessary third party consents required in connection with the submission of the Contestant’s Entry and its use by the Sponsor and Related Parties as permitted under these Official Rules including, without limitation, the consent of any person who is named or appears in the Entry or was involved in producing the Entry. The Sponsor reserves the right, in its sole and unfettered discretion, to require proof of such consent and to disqualify at any time any Entry it deems not in compliance with these Official Rules. All timely received Entries determined by the Sponsor in its sole discretion to comply with the requirements of these Official Rules will be deemed "Valid Entries.”
Starting August 14, 2019, and continuing through September 8, 2019, 5:00 p.m. CT (the “Voting Period”), individuals will have the opportunity to visit the Contest Website to vote on the Photo that best captures the Power of Public Works. Once a Contestant uploads an Entry, it will be available on the Contest “Vote” tab where voters can cast their vote for the available Photos by clicking the “Like” option next to each submission. Voting will be limited to one vote per IP Address per day. Display of uploaded Photo for voting does not deem it a Valid Entry (as defined above). CAPTCHA is required for each vote to maintain integrity of Contest results. The Sponsor reserves the right, in its sole discretion, to exclude or disqualify any Entry it at any time determines is not a Valid Entry and to exclude or disqualify any votes based on factors of fairness such as votes in excess of the limit, votes generated by script, macro or other automated means, or votes generated from other schemes that the Sponsor determines subvert the voting process.
The Contest winner is the Contestant that submits a Valid Entry containing the Photo that receives the most number of votes during the Voting Period. In the event of a tie, the Sponsor shall select the tied Contestant with the Photo the Sponsor determines in its sole discretion best captures the Power of Public Works. As a condition to selection as the Contest winner, the Contestant must sign and deliver to the Sponsor, by the deadline it designates, a Prize Acceptance Agreement or an acceptance response email in the form furnished or required by the Sponsor. The winner will be announced on the Contest Website and will be notified by email, telephone, overnight carrier, or regular mail within approximately three (3) days of selection. If, after two (2) attempts, contact has not been made, any potential selection as winner and corresponding prize will be forfeited and an alternate winner will be selected based on the Valid Entry receiving the next highest number of votes. The Sponsor reserves the right to select the winner if, in the Sponsor’s sole discretion, the Contest becomes infected or otherwise corrupted.
CONTEST PRIZES AND ODDS
The winner of the PWX 2019 Photo Contest will receive a $50 VISA gift card. Approximate retail value of gift set is $50, plus shipping. The prize is non-transferable and no cash alternative is available. The winner is solely responsible for any and all federal, state and local taxes, fees and other government assessments on the awarded prize and for the reporting consequences thereof.
Odds of winning cannot be determined because they are based on the total number of Valid Entries received during the Contest Period and on subjective criteria and judgment of voters.
By submitting an Entry, each Contestant grants to the Sponsor and Related Parties permission to an irrevocable, perpetual, worldwide, non-exclusive license to use all or any part of the Entry (including, without limitation, a right to reproduce, distribute, display and create derivative works of the Entry), without any compensation to the Contestant, any attribution to the Contestant by name, or any further approval by Contestant, for any Contest, commercial or other purpose and at any time, in any and all media now or hereafter devised , including, but not limited to social media promotion, electronic or print marketing material for Snow Conference efforts (the “License”). Display or publication of any Entry on Sponsor’s website or social media accounts does not indicate the Entry is a Valid Entry or that the Entry will be selected as a winner. Additionally, by submitting an Entry, each Contestant grants to Sponsor and Related Parties the unrestricted right to use all statements made by Contestant in connection with the Contest, at their sole discretion, except where prohibited by law. Sponsor will not be required to pay any additional consideration or seek any additional approval in connection with such use. In addition, to the extent moral rights (for example, the right to attribution and the right to integrity) apply in the applicable jurisdiction, each Contestant waives (and to the extent that these may not be waived, irrevocably agrees not to assert) any moral rights in the Entry for any purposes, including, without limitation, the Sponsor and Related Parties’ use of all or part of the Entry.
RELEASE OF LIABILITY AND INDEMNITY
By entering this Contest, each Contestant releases, discharges, and holds harmless the Sponsor and Related Parties from and against any and all claims, actions, liabilities, losses, expenses, costs (including reasonable attorneys’ fees) and damages, of any kind, arising out of the Contestant’s participation in this Contest or any Contest-related activities, the Sponsor and/or Related Parties’ use of all or any part of the Entry in accordance with the License (including, without limitation, claims based on publicity rights, moral rights, defamation or invasion of privacy) and the Contestant’s acceptance and use, misuse, or possession of any prize awarded (“Claims”). Without limiting the generality of such release, each Contestant agrees that the Sponsor and Related Parties are not responsible for any third party’s unauthorized use of any Entry (or any portion thereof or any derivative thereto). Further, without limiting the foregoing, each Contestant hereby specifically waives any and all rights to claim punitive, incidental or consequential damages. Each Contestant agrees to indemnify, defend and hold harmless the Sponsor and Related Parties from Claims arising from any allegation or claim that the Entry content infringes or otherwise violates the rights of a third party. The Sponsor and Related Parties are 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 Contest Website. The Sponsor and Related Parties are 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 Contest Website.
RIGHT TO CANCEL/SUSPEND
If for any reason the Contest is not capable of running as planned, due to infection by computer virus, bugs, worms, trojan horses, denial of service attacks, tampering, unauthorized intervention, fraud, technical failures, or any other causes that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, the Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Contest. If Sponsor elects to cancel or terminate the Contest, the Licenses granted above shall terminate effective the date of the Contest cancellation or termination except to the extent it is not possible or feasible to remove any previously posted, published, distributed or used materials containing all or any part of an Entry from distribution or publication.
GOVERNING LAW; DISPUTES
The Contest shall be governed by the laws of the State of Missouri without giving effect to any choice of law or conflict of law rule of any jurisdiction. Any claims regarding the contest must be brought in the State or Federal Courts in Jackson County, Missouri, and each Contestant consents to the personal jurisdiction of such courts for purposes of any such action. The Contest is void outside the United States and where prohibited by law.
You may obtain the name of the Contest winner by sending a request (identifying this 2019 PWX Photo Contest) to the address of Sponsor identified above, together with a stamped, self-addressed #10 envelope. The name of the winner also will be posted on the Contest Website.