Wines of Ontario - Wine Country Photo Contest: Contest Rules

NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. INTERNET ACCESS IS REQUIRED TO ENTER. All Entries must be original photographs taken by the Entrant featuring Ontario wine country. Void where prohibited or restricted by law. There are two (2) separate Promotional Periods in this Contest. The Summer Promotional period begins at 12:01 A.M. E.S.T. on May 18, 2007 and ends at 5:00 P.M. E.S.T. on August 31, 2007 ("Summer Promotional Period"). The Autumn Promotional Period begins at 12:01 A.M. E.S.T. on September 1, 2007 and ends at 5:00 P.M. E.S.T on January 31, 2008 ("Autumn Promotional Period"). Photos submitted during the Summer Promotional Period must be taken by the Entrant between May 18, 2007 at 12:01 A.M. E.S.T. and August 31, 2007 at 11:59 A.M. E.S.T ("Summer Photo Period") Photos submitted during the Autumn Promotional Period must be taken by the Entrant between September 1, 2007 at 12:01 A.M. E.S.T. and January 31, 2008 at 11:59 A.M. E.S.T ("Autumn Photo Period"). Photos taken outside of the relevant Photo Period will be disqualified at the sole and absolute discretion of the Sponsor.

1. Eligibility

The Wine Country Photo Contest ("Contest") is Sponsored by the Wine Council of Ontario ("Sponsor") and is open to legal residents of Canada (excluding Quebec) who have reached the age of majority in their province or territory of residence at the time of entry (eligible "Entrant"). The Sponsor, its affiliates, parents, subsidiaries, and their respective employees, officers, directors, shareholders, representatives, agents, and family members of those employees (spouse, domestic partner, mother, father, grandmother, grandfather, children, siblings and their spouses) and individuals living in the same household of those employees, whether related or not, are not eligible to participate and will be disqualified. Any entrant who has ever received consideration in exchange for a photograph taken by them is not eligible to enter the Contest.

2. HOW TO ENTER:

To enter visit http://www.winesofontario.org/html/photoContest07.htm during the relevant Promotional Period and complete the online registration form by providing your full name, address, age, email address, telephone number and follow the instructions to submit one original photo taken by the Entrant in Ontario wine country ("Entry" or "Submission"). Your may also enter by printing and completing the registration form and mailing it with an original photo taken by the Entrant in Ontario wine country to Wine Council of Ontario, B205, 110 Hannover Drive, St. Catharines, Ontario, L2W 1A4, to be valid the mailed Entry must be received and date stamped by the Sponsor during the relevant Promotional Period. The time and date that an entry was received will be determined at the sole and absolute discretion of the Sponsor. Limit One (1) Entry per person per Promotional Period. Online Entries must be submitted electronically as jpeg files via the website link above. Digital files must be at least 1600 pixels wide for a horizontal image, and no larger than 4MB (4,000 KB). If submitting a print from a digital file, the print should match the quality and character of the original file. Any Submission including a colour photocopy or content alterations of any kind will be disqualified at the sole and absolute discretion of the Sponsor. Tonal or colour corrections are acceptable, including black and while conversion. If Sponsor receives multiple Entries from the same Entrant, all but the first Entry shall be disqualified. Entrants assume all risk of damaged, lost, late, incomplete, invalid, incorrect or misdirected Submissions. By entering the Contest, each Entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and the Judges, which are final and binding on all matters relating to this Promotion.

3. CONTENT TERMS OF SUBMISSION:

Proof that you uploaded a Submission does not constitute proof or evidence that it was received within the Promotion Period or eligible for the Contest. Sponsor reserves the right to disqualify and/or remove any Submission in whole or in part for any reason within its sole and absolute discretion. Without limiting the foregoing, any obscene, offensive, sexual or otherwise inappropriate Submission including without limitation those referencing or depicting violence, nudity or explicit activity, or which are not in the spirit of the Contest or do not meet Sponsor's standards for any reason, as determined by the Sponsor, will not be considered. Entries will not be returned and become the property of the Sponsor.

By entering, you represent and warrant that:

your entire Submission is an original work by you (other than any materials that may be furnished to you via this website) and you have not included third-party content (such as writing, poetry, text, graphics, artwork, logos, photographs, dialogue from plays, musical recordings, clips of videos, television programs or motion pictures) in or in connection with your Submission;
no person or entity other than you has any right, title or interest in any part of your Submission;
your Submission, the use thereof by Sponsor, or the exercise by Sponsor of any of the rights granted by you under this Agreement does not and will not infringe or violate any rights of any third party or entity, including, without limitation patent, copyright, trademark, trade secret, defamation, privacy, publicity, false light, misappropriation, intentional or negligent infliction of emotional distress, confidentiality, or any contractual or other rights;
you have all the rights, licenses, permissions and consents necessary to submit the Submission and to grant all of the rights that you have granted to Sponsor hereunder; (v) you have obtained written permission when photographing any subject matter on private property not owned or controlled by you, where such permission is required;
you have reached the legal age of majority at time of entry;
all persons who appear in the Submission in any manner have:
1. given you their express written consent to submit the Submission for unlimited, royalty-free use, exhibition and other exploitation in any manner and in any and all media, whether now existing or hereafter discovered, throughout the world, in perpetuity;
2. has provided written permission to include their image or pictures in or with your Submission (or if a minor who is not your child, you must have the permission of their parent or legal guardian) and you may be asked by Sponsor to provide permission in writing;
3. has no claims for payment of any kind, including, without limitation, for royalties or residuals, has no approval or consultation rights or any rights of participation arising out of any use, exhibition or other exploitation of the Submission; and
4. was not under any union or guild agreement that results in any ongoing obligations resulting from the use, exhibition or other exploitation of the Submission; and
you understand, recognize and accept that Sponsor has access to, may create or has created materials and ideas which may be similar or identical to the Entry in concept, theme, idea, format or other respects. In the event that your entry is identical or similar to the Entry of another Participant, Sponsor reserves the right to score one Entry higher than the other subject to the judging criteria set forth below and at the sole discretion of the Judging Panel.

By entering, you agree that:

all Submissions become Sponsor's property and will not be returned;
Sponsor (and its authorized representatives) have the unlimited right to alter and/or edit the Submission or any part or element thereof; and
Sponsor and their licensees, successors and assigns have the right to use any and all Submissions, and the names, likenesses, and images of all persons appearing in the Submission, for future advertising, promotion and publicity in any manner and in any medium now known or hereafter devised throughout the world in perpetuity.

At the time you send any Submission, in whole or in part, to the Sponsor, and whether or not your Entry is selected as a winner, you irrevocably transfer, convey and assign to Sponsor all right, title and interest in and to your Submission, in whole and in part, and all the intellectual property rights therein, through out the world in perpetuity, including without limitation any and all copyrights and the registration, renewal, and derivative rights and you waive all moral rights and rights of attribution relating thereto and agree to execute all documents and perform all acts deemed necessary by Sponsor to apply for, register, perfect and record such transfer and assignment and/or waivers and protect Sponsor's right in the intellectual property. You further understand and agree that Sponsor shall have the exclusive right to apply for or register any patents, mask work rights, copyrights and such other proprietary protections with respect thereto. You will not now nor in the future be paid for your submission or for granting Sponsor any of these rights. Sponsor, its affiliates, licensees, successors and assigns are in no way obligated to use or continue to use your Submission (and have no obligation to you or any other person or entity after your Submission is received). You agree to waive all claims to and shall receive no royalties of any kind now or in the future from Sponsor, its affiliates, licensees, successors and assigns for use of your Submission including copyright, trademark, public performance, digital sound recording, mechanical, synchronization or master use royalties, and you represent, warrant and agree that no other party is entitled to claim royalties from the use of the Submission as set forth in these Official Rules.

Please also be aware that your Submission may not be acknowledged and will not be received or held "in confidence" and your Submission does not create a confidential relationship or obligation of secrecy between you and any of the entities involved in this promotion. You recognize that other persons may have provided Sponsor or others, or made public, or may in the future submit, or make public, materials that are same or similar to your Submission. You acknowledge and agree that Sponsor shall have the right to use such same or similar materials, and that you will not be entitled to any compensation arising from Sponsor's use of such materials.

By entering, you acknowledge that you have read, understood, accept and agree to be bound by the terms and conditions of these Official Rules, as they may be amended from time to time. You may not resell, assign or transfer any of your rights under these Official Rules. Entries that do not comply with all requirements stated in these Rules will not be considered and will be disqualified. Nothing contained in these Official Rules shall be construed to: (i) give any Party the power to direct and control the day-to-day activities of the other; (ii) constitute the Parties as partners, joint venturers, principal and agent, employer and employee, co-owners or Entrants in a joint undertaking; or (iii) allow entrant to create or assume any obligation on behalf of Sponsor.

4. JUDGING CRITERIA:

Five (5) finalists from the Entries submitted during the Summer Promotional Period and Five (5) finalists from the Entries received during the Autumn Promotional Period will be selected by a panel of qualified judges chosen by Sponsor ("Judges") from among all eligible Entries received, based on a composite score (assigned between 1- 100) using the following criteria: (1) technical feasibility; (2) composition; (3) promotional suitability; (4) aesthetic quality; and (5) originality ("Judging Criteria"). Eligible Contest Entries received during the Promotion Period will be judged, according the Judging Criteria. The five (5) Entries with the highest score amongst the Entries received during the relevant Promotional Period will be declared the finalists. In the event of a tie, the Entry (among those tied) with the highest score in the"originality" category of the Judging Criteria will be deemed a finalist. All decisions by the Judges are final. Potential winners must comply with all terms and conditions of these Official Rules; winning is contingent upon verification of eligibility and compliance with all requirements herein.

Summer Promotional Period

The photos submitted by the five (5) finalists during the Summer Promotional Period will be place on the Wines of Ontario Website at www.winesofontario.ca by approximately 5:00 P.M. E.S.T. on September 7, 2007. The public will be invited to vote on the winning photo on-line at the above website. To vote the public must enter their unique email address. One vote per unique email address will be allowed. Online voting for the Summer Promotional Submissions will begin at 5:00 p.m. E.S.T. on September 7, 2007 and terminate at 5:00 P.M. EST on September 21, 2007. In the event of a tie, another round of voting will be held at the discretion of the Sponsor.

Autumn Promotional Period

The photos submitted by the five (5) finalists during the Autumn Promotional Period will be place on the Wines of Ontario Website at www.winesofontario.ca by approximately 5:00 P.M. E.S.T. on February 8, 2008. The public will be invited to vote on the winning photo on-line at the above website. To vote the public must enter their unique email address. One vote per unique email address will be counted. Online voting for the Summer Promotional Submissions will begin at 5:00 p.m. E.S.T. on February 8, 2008 and terminate at 5:00 P.M. EST on February 22, 2008. In the event of a tie, another round of voting will be held at the discretion of the Sponsor.

5. PRIZE(S)/ODDS:

A total of two (2) Grand Prizes will be awarded. One Grand Prize will be awarded to the winner of the Submissions selected from the Summer Promotional Period and One Grand Prize will be awarded to the winner of the Submissions selected from the Autumn Promotional Period: The Grand Prize includes the following:

a $200 gift card from the White Oaks Resort and Spa;
a lunch certificate at the VIEW Restaurant located at EastDell Winery;
two tickets to a Twilight in the Vineyard performance at Jackson Triggs Winery;
two tickets for the 2008 Niagara Wine Festival; and
a $500 CDN cash allowance to be awarded at time of redemption.

Travel to and from the Grand Prize destinations, additional meals, personal, items, gratuities, health/auto/travel insurance, and any other expenses that may be incurred are the sole responsibility of the winner and are not include in the Grand Prize.

Redemption of the Grand Prize awarded to the winner selected among Submissions received during the Summer Promotional Period must take place between September 25, 2007 and September 25, 2008. Redemption of the Grand Prize awarded to the winner selected among Submissions received during the Autumn Promotional Period must take place between February 26, 2008 and February 26, 2009. Total prize value is approximately $1,000 CDN. The odds of winning will depend on the number and quality of Entries received.

Potential winners will be notified by mail, e-mail or telephone (at Sponsor's discretion using the information provided in the Entry). Potential winners will be required to sign and return an Affidavit of Eligibility, Release of Liability, and where legal, a Publicity Release for receipt by Sponsor within ten (10) business days of the date such Affidavit and Release are dated. In the event of noncompliance with these Official Rules, if potential winner cannot be reached using the contact information provided on the Entry, or if the prize winner notification is returned as unclaimed or undeliverable, the prize will be forfeited and an alternate potential winner will be selected in accordance with the results of the public voting. Prizes are not assignable or transferable in whole or in part. No prize substitutions allowed, in whole or in part, except the Sponsor reserves the right to substitute a prize of comparable value. Winner is solely responsible for any local, provincial, state, federal or any other applicable taxes, and any other costs, expenses and fees connected with the prize.

6. GENERAL CONDITIONS:

Sponsor has the right to verify each entrant's eligibility and compliance with these Official Rules, and to disqualify any entrant on the basis of its investigation. Each entrant, by entering a Submission, in whole or in part, except where legally prohibited, grants permission to Sponsor and its authorized representatives to use his/her name, address (city and state), photograph, voice, and/or other likeness for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide, and on the Internet and world wide web, in perpetuity, without notice, consideration, review or approval. Personal data will be processed in accordance with Sponsor's Privacy Policy which can be located at http://www.winesofontario.org/html/privacy.htm. Sponsor is not responsible for human error, theft, destruction, or damage to Entries, or other factors beyond its reasonable control. Sponsor reserves the immediate right to disqualify any Entrant who, in Sponsor's sole discretion: (i) is not in compliance with these Official Rules, (ii) tampers with the entry process, the Contest, or the Website; or (iii) is acting in an uncooperative, unsportsmanlike, disruptive, abusive, or threatening manner. Sponsor shall not be liable to a winner or any other person for failure to supply the prize or any part thereof, by reason of the prize becoming unavailable or impracticable to award, or for any force majeure event, technical or equipment failure, terrorist acts, labor dispute, or act/omission of any kind (whether legal or illegal), transportation interruption, civil disturbance, or any other cause similar or dissimilar beyond Sponsors' control.

Neither Sponsor, nor its employees, officers, directors, agents, contractors, representatives, affiliates, divisions, subsidiaries, resellers, dealers, distributors, advertising/promotion agencies ("Released Parties") shall assume any responsibility whatsoever for delayed, failed, partial or garbled computer transmissions; technical failures of any kind, including, but not limited to lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines or technical failures or difficulties; the incorrect or inaccurate capture or failure to capture information whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion, Submission, or other information; the failure to capture any such information; or errors of any kind whether human, mechanical, electronic, network or otherwise arising out of or relating to the Promotion, theft, loss, destruction or damage to Submissions, in whole or in part, or other factors beyond their reasonable control. Once submitted, Entry cannot be modified, deleted or cancelled. Released parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in the Promotion or downloading materials from or use of the web site. Persons who tamper with or abuse any aspect of the Promotion or website, as solely determined by Sponsor, will be disqualified. CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF APPLICABLE CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW (AND TO DISQUALIFY SUCH PERSON FROM THE PROMOTION, IF APPLICABLE). Entrants may not enter with multiple e-mail and/or street addresses, nor may entrants use any other device or artifice to submit more than three (3) Entries. Any entrant who uses fraudulent entry methods, or otherwise attempts to participate with multiple e-mail and/or addresses under multiple identities, or uses any device or artifice to enter more than three (3) Entries will be disqualified. In the event of a dispute as to any Entry, the authorized account holder of the email address used to enter will be deemed to be the person who made the Entry. The authorized "account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.

7. LIMITATIONS OF LIABILITY AND RELEASE:

BY SUBMITTING AN ENTRY, ENTRANTS AGREE SPONSOR, ITS AFFILIATES, DIVISIONS, SUBSIDIARIES, RESELLERS, DEALERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES AND AGENTS ("RELEASED PARTIES") WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE RELEASED AND HELD HARMLESS BY ENTRANT FOR ANY CLAIMS, LIABILITIES, OR CAUSES OF ACTION OF ANY KIND OR NATURE FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES TO PERSONS, INCLUDING WITHOUT LIMITATION DISABILITY OR DEATH, AND DAMAGE TO PROPERTY, DUE IN WHOLE OR IN PART, ARISING DIRECTLY OR INDIRECTLY, NOW OR IN THE FUTURE FROM THE DELIVERY, ACCEPTANCE, USE OR MISUSE OF THE PRIZE, ANY AND ALL USE AS PROVIDED HEREIN OF THEIR ENTRY, VIDEO, OR PARTICIPATION IN THIS CONTEST AND/OR ANY RELATED ACTIVITY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF ONE OR MORE OF THE RELEASED PARTIES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE PROMOTION WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES.

8. CHOICE OF LAW:

Any and all disputes, claims, and causes of action with the Sponsor arising out of or connected with this Program, other than determination or validity of claims, shall be resolved individually, and exclusively by the application of Ontario Law. Participants hereby waive all rights to (i) claim or be awarded any punitive, direct, indirect, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and (ii) to have damages multiplied or otherwise increased.