Newsday The Roaming Long Islander Contest Official Rules
1. Eligibility: Contest open to all legal residents of Queens, Nassau and Suffolk Counties in New York over the age of 18 or between the ages of 16 and 18 and entering this Contest with the permission of a parent or legal guardian who agrees to be bound by these rules. Employees of Newsday LLC (the "Sponsor"), its advertising or promotion agencies, parent companies, service providers, agents, officers, subsidiaries or affiliates, or any other persons or entities directly associated with the Contest (collectively, the "Contest Entities") and members of the immediate families of and/or persons living in the same household as such persons, are ineligible to enter the Contest. Professional photographers are also excluded (you may not have earned over $2,000 from photography in the last 12 months). Contest is subject to all applicable federal, state and local laws. This Contest is void where prohibited.
2. Contest Entry Period: The Contest begins at 7 a.m. on June 29, 2013 and ends at 7 a.m. on September 1, 2013 (the “Contest Period”). All times noted for the Contest Period are Eastern Time. All entries must be received within the Contest Period.
3. How to Enter: To enter, submit a photo that you have taken between June 1, 2013 and September 1, 2013, of you and/or your friends and/or your family holding up the ExploreLI cover, app, or displaying ExploreLI in a unique way (collectively with entry form, the “Entry” or “Entries”) by following the instructions given on the entry website at www.exploreli.com/roaminglongislander (the Site) or on Instagram #RoamingLongIslander. Entrant may set up an Instagram account by visiting www.instagram.com. An Instagram account is free of charge. Photos must be available in a hi-res format (72-megapixel camera or better is recommended). All Entries must be submitted online via exploreLI.com or on Instagram to qualify. Additionally, all eligible photos submitted to exploreLI.com, or through Instagram during the Contest Period will be automatically entered into the Contest. There is no limit on the number of Entries any one person can submit; however, each Entry submitted by any person must be substantially different from any other Entry submitted by that same person. Duplicate Entries will be void. All Entries become the sole property of the Sponsor and will not be returned. This Contest is in no way sponsored, endorsed, administered by or associated with Instagram. No responsibility is assumed for late, lost, damaged incomplete, illegible, or misdirected submissions. No responsibility is assumed for technical, hardware, software or other online entry malfunctions of any kind or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the sender, or by any of the equipment or programming associated with or utilized in the contest which may limit the ability to participate, or by any human error which may occur in the processing of the application. If for any reasons (including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of the Sponsor, which corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Contest), the Contest is not capable of being conducted as described in these Official Rules, Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest.
4. Requirements of Entries: Each Entry must be the original work of the entrant, must appear in its original form, without digital enhancement, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, before submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry (or their parents or legal guardians if such persons are minors). Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render Entry null and void. Entrant understands that Sponsor has no obligation to display or otherwise include the Entry in any Sponsor publication or Website. By submitting an Entry, entrant warrants and represents that he/she, on his/her own behalf and on behalf of any children or legal wards of the entrant, if any, depicted in the Entry, and any persons appearing or who are identifiable in the Entry (or their parents or legal guardians if such persons are minors), consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein. By participating in the Contest, entrant agrees to abide by these rules and the rules, policies and procedures located on Instagram. By submitting your Entry, you agree that your Entry conforms to these Official Rules and that Sponsor, in its sole discretion, may disqualify your Entry for any reason, including if it determines, in its sole discretion, that your Entry fails to conform to these Official Rules in any way or otherwise contains unacceptable content as determined by Sponsor, in its sole discretion. By submitting your Entry, entrants grant to Sponsor and its parent companies and affiliates an unlimited, transferable, exclusive license to use their Entry in editorial publications, advertising material, for promotional purposes, on websites or in any other media form whatsoever that Sponsor may choose without further compensation unless otherwise prohibited by law. By submitting your Entry, you agree to assume all liability for and indemnify and hold harmless, Instagram, Sponsor and its parents, affiliates, employees, contractors and agents from any and all claims arising out of the publication or use of your Entry, including without limitation any failure of your Entry to comply with these Official Rules or any representations being made by you herein.
5. Judging: Newsday editorial staff will judge all eligible entries received. Entries will be judged with equal consideration given to: (i) image appropriateness for exploreLI (we’re looking for photos of Long Islanders displaying ExploreLI), (ii) composition, clarity and color, and (iii) location and interest of subject matter. The decisions of the judges and Sponsor with respect to the selection of the Winner and in regard to all matters relating to this contest are within Sponsor’s sole discretion and shall be final. Winner will be notified on or about September 4, 2013 via email, regular mail and/or telephone.
6. Prizes: One (1) Grand Prize winner will receive a Canon PowerShot. Approximate retail value of prize is $200.00. Any and all guarantees and warranties on any prizing is subject to the manufacturer's or service provider's terms and conditions, and the winner agrees to look solely to such entity for any such warranty or guarantee claim. Winners are solely responsible for all state, local or federal taxes associated with the winning of the prize. In the unlikely event that any part of the prize become unavailable, for any reason whatsoever, the prize winner agrees that the Sponsor and its agents shall have no further obligations other than to deliver the remainder of the prize. Any difference between the stated value and the actual value of a prize will not be awarded to the winner. Prizing is not refundable or redeemable for cash or credit at any time, nor will prizing be replaced if lost or stolen. Prize may not be sold or transferred to a third party. No substitutions are allowed, except by the Sponsor in its sole discretion. Sponsor may, in its sole discretion, substitute a prize of equal or greater value. Other prize restrictions may apply.
7. General Conditions: By accepting a prize, the winner grants (except where prohibited) to Sponsor and its parent companies and affiliates the right to use his or her name, likeness, image, voice, testimonial and/or biographical information, as well as the name, likeness, image, voice, testimonial and/or biographical information of any children appearing in the Entry, in advertising and promotion in all media without further compensation or permission, except where prohibited by law. By acceptance of prize, the winner agrees to release, indemnify and hold harmless Sponsor and its parent companies, affiliates, employees, contractors and agents from any and all liability for injuries and damages sustained in connection with the acceptance and use of the prize. Prize winner must sign (if entrant is not the age of majority in the jurisdiction, in which potential Prize winner resides, his/her parent/legal guardian must sign) an affidavit of eligibility and release within five (5) calendar days of notification and before distribution of prize. Any prize notification not responded to within forty-eight hours, any affidavit/release returned as undeliverable, and/or failure of winners to return the affidavit and release will result in disqualification from the Contest, prize forfeiture, and in an alternate winner being selected from all remaining eligible entries. In the event a winner fails to claim his/her prize or fails to meet the eligibility requirements, such winner will forfeit his/her prize and an alternate winner will be selected from all remaining eligible entries. If a winner is unwilling or unable to accept any portion of the prize, that portion of the prize will be deemed as forfeited by the winner and no substitution will be made except at Sponsor 's sole discretion.
8. Disclaimers: By entering, entrants agree to release Sponsor and Instagram from any and all losses or injuries of any kind arising out of their acceptance/possession and/or use/misuse of the prize, their participation in the Contest, computer on-line system, computer dating mechanism, computer equipment, hardware, software, or any combination thereof, or any entries that are late (including delayed data transmissions), tampered with, garbled, incomplete, misdirected, lost, mutilated, delayed, corrupted, mechanically duplicated, illegible or otherwise not in compliance with these Official Rules. Entrants also agree that Sponsor and Instagram are not responsible or liable for any injury or damage to an entrant or third person's computer system related to or resulting from Contest and its prize. The Contest Entities are not liable for damage to a user's computer system in any way due to an entrant's participation in the Contest or downloading any information in connection with the Contest, including without limitation any server failure, lost, delayed or corrupted data or other malfunction.
9. Disputes/Choice of Law: EACH ENTRANT AGREES THAT THIS CONTEST SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK AND: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY STATE OR FEDERAL COURTS SITUATED IN NEW YORK, (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT ATTORNEYS' FEES, (C) NO PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, MAY BE AWARDED, AND (D) ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM SPECIAL DAMAGES AND ALL RIGHTS TO HAVE SUCH DAMAGES MULTIPLIED OR INCREASED.
10. Winners List: For a list of winners, send a self-addressed, stamped envelope to: Winners List, The Roaming Long Islander Photo Contest, Newsday, 235 Pinelawn Road, Melville, New York 11747, by September 31, 2013. Sponsor of this Contest is Newsday LLC (Sponsor or Newsday), 235 Pinelawn Road, Melville, New York 11747.