The Weather Channel – It’s Amazing Out There 2018 Photo Contest – Win will consist of Fifteen Thousand Dollars ($15000.00) which will be awarded in the form of a check made payable to the winner
IT’S AMAZING OUT THERE 2018 PHOTO CONTESTOFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The It’s Amazing Out There 2018 Photo Contest (“Contest”) is open only to permanent, legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age at the time of entry. Employees, officers and directors of TWC Product and Technology, LLC, International Business Machines Corporation (“IBM”), Toyota Motor Sales USA, Inc., as well as employees, officers and directors of government or government owned entities (as defined herein), and any of their respective related companies, parents, subsidiaries, affiliates, and agents and any agencies or other companies involved in the development or execution of the Contest or production or distribution of Contest materials, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. A “Government Owned Entity” (“GOE”) is defined as an organization/individual who meets any of the following criteria: Governmental bodies and employees – national, state, provincial, local, municipal government – and any department, agency, public enterprise or instrumentality of a government; State owned hospitals, schools, utilities; State owned enterprises (whether wholly or partly owned); Public international organizations; Private companies controlled fully or partly by or under common control with any of the above; a political party or party official, or any candidate for political office. GOE also includes GOE customers who may consist of: public schools, utilities and organizations licensed to provide public services; public international organizations, such as the United Nations or World Health Organization; entities subject to public procurement laws and regulations; other entities, even those that are privately held and those that are publicly traded, if a government, a public international organization, an entity subject to public procurement laws or a government official, owns or has the ability to exercise control over such entity; and U.S. Federal Clients, including: (i) executive, legislative and judicial branches of the U.S. Federal government, (ii) U.S. Government-affiliated corporations (e.g., Tennessee Valley Authority), (iii) quasi-governmental organizations (e.g., The Smithsonian Institution), (iv) commercial business enterprises operating under a U.S. Federal government power of attorney, or with Management Operating Contractor (MOC) status.
The Contest is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
2. Sponsor: The Weather Company, an IBM business, 1001 Summit Boulevard, Floor 20, Brookhaven, GA, USA 30319 (“Sponsor”).
3. Agreement to Official Rules: By participating in the Contest, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to the Contest.
4. Contest Timing:
“Contest Submission Period”: The Contest Submission Period begins on July 10, 2018 at 12:00 PM Eastern Time (“ET”) and ends on August 14, 2018 at 11:59 AM ET.
“Fan Favorite Voting Period”: The Fan Favorite Voting Period begins on August 14, 2018 at 12:00 PM ET and ends on September 7, 2018 at 12:00 PM ET.
Contest Winner Announcement: The Contest winners will be announced on September 20, 2018. Fan Favorite winners will be announced on September 13, 2018.
Sponsor’s computer is the official time-keeping device for the Contest.
5. How to Enter: During the Contest Submission Period, you may enter the Contest by logging on to the Contest entry page located at https://weather.com/photos/contest (“Website”), completing the entry information, uploading one (1) photo (“Photo”) that relates to weather, nature, and/or adventure adding a caption/photo description of no more than 200 characters in length (together a “Photo”). By completing the registration and submitting your Photo, you agree that your Photo conforms to the Photo Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove your Photo and disqualify you from the Contest if it believes, in its sole discretion, that your Photo fails to conform to the Guidelines and Restrictions.
The Photo must be in .jpg, .jpeg, or .gif
The Photo must not exceed 5 MB in size;
The Photo must have been shot by the entrant after January 1, 2015;
The Photo caption and/or description must not exceed 200 characters in length;
The Photo cannot have been submitted previously in a promotion or contest of any kind with a prize value of greater than $300;
The Photo must not have been commissioned by another media organization; and
The Photo must not have been previously published as a result of paid publication.
Entrant has all rights necessary to grant the licenses and other rights to the Photo set forth herein, including a signed Release compliant with the GDPR from individuals where an individuals’ personally identifiable information is used.
The Photo must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
The Photo must not contain brand names or trademarks, except for Sponsor’s trademark for which entrant has a limited license to use for the sole purposes of creating and uploading a Photo into this Contest;
The Photo must not contain images or artwork not created by entrant;
The Photo must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous
The Photo must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
The Photo must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where the Photo is created.
The Photo must be an accurate representation of the moment it purports to capture. Minor adjustments (e.g., cropping, sharpening and slight color corrections) may be made, but significant alterations, whether done digitally or mechanically, will result in disqualification.
For all Photos: There is no limit on the number of photos you may submit, however each entry must be significantly different and must comply with these Official Rules. Multiple uploads of the same Photo will not increase entrant’s chances of winning. You hereby grant to Sponsor and its parent company a royalty-free, worldwide, irrevocable, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions (along with a name credit) in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes for one year from the date of entrant’s submission. Entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Photo. Sponsor is not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected Photos, which are disqualified. Use of any automated program to enter will result in disqualification. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the entrant. Potential winners may be required to show proof of being the authorized account holder. 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.
Notwithstanding any other provision of these Rules, if at any time during the Submission Period, the Judging or the Fan Favorite Voting Period or at any time thereafter, the Sponsor determines that not enough or no eligible entries exist from which to determine a Contest Prize or Fan Favorite Prize winner, then Sponsor may in its sole and exclusive discretion determine that not enough or no eligible contestants exist, and then may either suspend or terminate the Contest or modify it (or any parts thereof) in any manner that Sponsor deems appropriate and equitable in its sole and exclusive discretion, including, without limitation, by not awarding any one or more of the prizes set forth in these rules.
6. Contest Winner Determination: Contest winners will be determined via the following process:
a. Finalists: After the conclusion of the Contest Period, representatives of the Sponsor will select Fifty (50) finalists from all eligible Photos received during the Contest Period based on the Judging Criteria defined below (“Finalists”). In the event of a tie, the tied Entry with the highest Creativity score will be included as a Finalist. The potential Finalists will be notified by telephone and/or email, and will be required to answer a series of questions to determine eligibility and continued compliance with the Official Rules before their Photo will be considered in the judging round which will determine the Contest winners.
b. Contest Winners: A panel of judges as determined by Sponsor will select the potential Contest winners from among all verified Finalist entries, based on the following criteria (“Judging Criteria”):
Relevance to the themes of weather, nature, and adventure (20%);
Creativity in dealing with the subject matter (40%); and,
Technical merit of the Photo (20%).
The Finalist whose Photo receives the highest score will be deemed the potential Grand Prize winner (“Grand Prize Winner”). After the determination of the potential Grand Prize Winner, the Finalists whose Photos receive the second and third highest scores respectively will be deemed the potential Second and Third Prize winners. In the event of a tie for any Contest prize, the tied Photos will be re-scored by the judges and Finalist who receives the highest total score will be deemed the potential winner. Limit one Contest Prize per person. The potential Grand, Second, and Third Prize Winners will be announced on September 20, 2018.
7. Contest Prizes: One (1) Grand Prize: The Grand Prize will consist of Fifteen Thousand Dollars ($15,000.00) which will be awarded in the form of a check made payable to the winner. One (1) Second Prize: The Second Prize will consist of Five Thousand Dollars ($5,000) which will be awarded in the form of a check made payable to the winner. One (1) Third Prize: The Third Prize will consist of Two Thousand Five Hundred Dollars ($2,500) which will be awarded in the form of a check made payable to the winner. Total Approximate Retail Value (“ARV”) of all Contest Prizes is Twenty-Two Thousand Five Hundred Dollars ($22,500.) Contest Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of comparable or greater value if the designated prize should become unavailable for any reason. Sponsor will furnish an Internal Revenue Service Form 1099 to each Contest winner reflecting the ARV of his/her prize. Contest winners are responsible for all taxes and fees associated with prize receipt and/or use.
8. Contest Winner Notification: The potential Contest Prize winners (or a parent/legal guardian if potential winner is a minor in his/her state of residence) will be notified by telephone and/or email, and will be required to complete an affidavit of eligibility, liability, and (where legal) publicity release, and an IRS W-9 form, and to return the aforementioned documents within seven (7) days of issuance of these documents. Failure to timely complete and return the properly signed affidavit and releases or other prize documentation, may result in the potential winner being disqualified. If a potential Contest Winner cannot be contacted, fails to execute and return the Affidavit within the required time period, or prize notification is returned as undeliverable, potential winner forfeits the prize and an alternate potential winner will be selected by Sponsor through an application of the Judging Criteria. If a potential winner chooses to decline a prize for any reason or fails to comply with any requirement of these Official Rules, he/she will be disqualified and the prize will be forfeited.
9. Fan Favorite Competition, Prizes, and Winner Notification: During the Contest Submission Period, entries that have passed the Sponsor’s initial eligibility screening will be posted in a Photo Gallery at https://weather.com/photos/contest. Then, from August 14, 2018 at 12:00 PM ET through September 7, 2018 at 12:00 PM ET, members of the public who are 13 years of age or older and who have a Facebook account are invited to visit the gallery and vote for their favorite photo. To participate in the Fan Favorite voting, accept the terms of Sponsor’s voting application, view the entries, and follow instructions to vote for your favorite entry. Limit one vote per person/email address, per entry, per calendar day of the Fan Favorite Voting Period.
For purposes of these Official Rules, a “calendar day” is defined as the twenty-four (24) hour period starting at 12:00 AM ET and ending at 11:59 PM ET.
Only votes submitted in accordance with these Official Rules during the Fan Favorite Voting Period will be considered. Voters using multiple email addresses will be immediately disqualified and forbidden from future voting. Voting using assistance of any kind including mechanical, form filling or other software or robotic or automated assistance with regard to all or any part of the voting process is not allowed, and these votes will be disqualified. Any evidence of vote buying, rigging, or exchanging will disqualify the entry. Any individual who, at the sole determination of the Sponsor, abuses the voting process in any way will be disqualified from participating in the Fan Favorite Voting.
The three (3) eligible photos that receive the greatest number of votes as of the close of the Fan Favorite Competition (September 7, 2018 at 12:00 PM ET) will be named the Fan Favorite winners. In the event of a tie in the Fan Favorite competition, the Sponsor will select the winner(s) via a random drawing from among all tied entries.
Three (3) Fan Favorite prizes will be awarded, as follows:
The highest scoring photo in the Fan Favorite Competition will receive the First Place prize consisting of One Thousand Dollars ($1,000), to be awarded to the winner in the form of a check.
The second highest scoring photo in the Fan Favorite Competition will receive the Second Place prize consisting of Seven Hundred Fifty Dollars ($750), to be awarded to the winner in the form of a check.
The third highest scoring photo in the Fan Favorite Competition will receive the Third Place prize consisting of Five Hundred Dollars ($500), to be awarded to the winner in the form of a check.
Total ARV of all Fan Favorite prizes is Two Thousand Two Hundred Fifty Dollars ($2,250). Limit one Fan Favorite prize per person.
The potential Fan Favorite Prize winners will first be notified by telephone and/or email, and will be required to answer a series of questions to determine eligibility and continued compliance with the Official Rules. The potential First and Second Place Fan Favorite winners (or a parent/legal guardian if winner is a minor in his/her state of residence) must then complete and return an affidavit of eligibility, liability, and (where legal) publicity release, and an IRS W-9 form. Potential First and Second Place Fan Favorite Prize winners will be required to complete and return the aforementioned documents within seven (7) days of issuance of these documents. Failure to timely complete and return the properly signed affidavit and releases or other prize documentation, may result in the potential winner being disqualified. If a potential First or Second Place Fan Favorite potential winner cannot be contacted, fails to execute and return the Affidavit within the required time period, or prize notification is returned as undeliverable, potential winner forfeits the prize and an alternate potential winner will be selected by Sponsor through an application of the Judging Criteria. If a potential winner chooses to decline a prize for any reason or fails to comply with any requirement of these Official Rules, he/she will be disqualified and the prize will be forfeited.
Upon verification of eligibility, Fan Favorite winners will be mailed their prizes. Fan Favorite Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a Prize for one of comparable or greater value if the designated prize should become unavailable for any reason. Sponsor will furnish an Internal Revenue Service Form 1099 to the First and Second Place Fan Favorite winners reflecting the ARV of their prize. Fan Favorite Prize winners are responsible for all taxes and fees associated with prize receipt and/or use.
Being selected as a winner in the Fan Favorite Voting will have no bearing on whether a Photo is chosen as a Contest winner.
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10. Additional Winner Requirements: Receiving a Prize is contingent upon compliance with these Official Rules. Any winner of the Grand Prize, Second Prize, Third Prize or Fan Favorite Prize is a “Winner” under these Official Rules. Acceptance of any Prize shall constitute and signify Winner’s agreement and consent that Sponsor may use Winner’s name, city, state, likeness, Photo and/or prize information in connection with the Contest and promotion thereof, on a worldwide basis, including the Internet, without limitation and without further payment or consideration, except where prohibited by law. Without limiting the generality of these Official Rules, Winners shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Photos and all renewals and extensions of copyright, and the right to secure copyright registrations thereto for a period of five (5) years including, without limitation, the rights to use the Photos for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, for a period of five (5) years. Winners accept and acknowledge that Sponsor shall not be obligated to use the Photos and that Sponsor in its sole discretion shall have the right to refrain from using the Photos. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Winners will indemnify Sponsor, Released Parties (as defined in Section 10 below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these Official Rules.
11. Release: By receipt of any Prize, the Winner agrees to release and hold harmless Sponsor, Toyota Motor Sales USA, Inc. and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any Prize (including any travel related thereto).
12. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
13. Limitations Of Liability: The Released Parties and Facebook are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any Prize. Sponsor and its parent company are not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Sponsor is not responsible for any typographical/other error in entries, selection announcement or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Contest.
14. Disputes: Except where prohibited, entrant agrees that: (1) 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 in the courts of New York, New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to 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 the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
16. Promotion:Sponsor may post pictures of the Contest entrants and winners on its website and other materials, solely for the purpose of promoting and reporting on the Contest.
17. Winner List: To view the contest winners, please visit the Website after the Contest has ended. The list of winners will be posted after winner verification is complete.
© 2018 The Weather Company, an IBM business. All Rights Reserved.
This Contest is in no way sponsored, endorsed or administered by Facebook. Any third party trademarks appearing in these Official Rules are the property of their respective owners, are used for descriptive purposes only, and do not imply any sponsorship or endorsement of this Contest.