Sponsor
Distinct Media, Inc.
349 5th Avenue
New York, NY 10016
(APPLE IS NOT A SPONSOR NOR IS INVOLVED IN ANY WAY IN THIS CONTEST)
Eligibility: This contest is only open to legal residents of the United States and the District of Columbia, who are of legal age of majority in the jurisdiction in which they reside (and at least 18 years old) at the time of entry. Void outside United States and District of Columbia and where prohibited or restricted by law, rule or regulation. Employees of Distinct Media, Inc. (Sponsor) and its respective affiliates, subsidiaries, advertising or promotion agencies are not eligible, nor are members of these employees' families (defined as parents, children, siblings, spouse, and life partners). Proof of residency and age may be required. This contest is subject to all applicable federal, state, and local laws, rules and regulations.
Timing The contest begins at 12:00 AM Eastern Standard Time (“EST”) on June 09, 2016 and ends at 11:59 PM EST on June 16, 2016 (“Promotion Period”). Entries received prior to or after the Promotion Period are disqualified. Voting opens at 12:00 AM Eastern Standard Time (EST) on June 17, 2016 and goes throug June 23, 2016. Winners will be notified by email on June 24, 2016. lf a winner does not respond to notification of the win within 14 days, the winner will be disqualified and a new winner will be chosen, based on the established judging criteria.
Winners
Winners will be chosen by audience vote on the website and app. All submissions must be uploaded by 11:59pm EST on 06/16/2016. The entry with the most votes at the end of the voting period on June 23, 2016, will be the winner.
Restrictions The Winner is fully responsible for any and all applicable federal, state, and local taxes (including income and withholding taxes). Except where otherwise expressly noted in these Official Rules, the selection of all vendors, prizes, products and services is subject to the Sponsor’s sole and absolute discretion. Prize (and/or any portion thereof) is
nontransferable and nonexchangeable. No substitutions or cash redemption of prize is permitted except that Sponsor retains the right to substitute a prize of equal or greater retail value (or at Sponsor's election, the cash value of the applicable prize). Additional restrictions may apply.
All federal, state and local taxes related to the Prize are the sole responsibility of each Winner. All other expenses and costs not expressly listed above are Winner's sole responsibility. No refunds or credit for changes are allowed. No transfer of the prize is
permitted.
Agreement to Official Rules Participation in the contest constitutes entrant's full and unconditional agreement to and
acceptance of these Official Rules and Sponsor's Privacy Policy.
General Conditions Original Work Your submissions must be original work that have not been previously published or distributed. By entering the contest, you represent and warrant that you have created the work (including all elements), have obtained consent or approval from applicable third parties, including model releases from any persons featured in the
submitted photograph, and that that no other party has any right, title, claim, or interest in the photograph.
Use of Submissions By entering this contest, you agree that Sponsor retains the right to unlimited use of the submitted photographs for publicity, promotion, and advertising purposes, without compensation. Additionally, the Sponsor is entitled to use personal data submitted by an entrant in accordance with the Sponsor’s privacy policy. Name recognition will be given to the photographer when possible, but is not guaranteed. As a condition of participation, you waive any claim of infringement against the Sponsor based upon use of the submitted photograph, and agree to hold the Sponsor harmless from any claims or expenses arising as a result of any allegation that you did not own or were not authorized to allow publication and reproduction of the photograph. The contest is governed by the laws of the United States and the State of California, excluding conflicts of laws principles. All federal, state and local laws and regulations apply. Contest void where prohibited. Contest may only be entered in or from United States and entries originating from any other jurisdiction are not eligible for entry. Except where prohibited by law, the winner grants to Sponsor and its advertising agencies the right to use and publish winner's photo, proper name, likeness, voice, opinions, biographical information and state in any media to promote the contest without additional compensation. By entering, you release, indemnify and hold harmless Sponsor, any sponsor of the contest, and each of their respective subsidiaries, affiliates, owners, members, shareholders, directors, officers, employees and agents (“Releases”)
from any and all liability for any injuries, loss or damage of any kind, including death, arising from or in connection with the contest or receipt or use and/or misuse of any prize. Sponsor reserves the right to cancel or modify the contest if fraud or any other factor impairs the integrity of the contest as determined by Sponsor in its sole discretion. Online entries are deemed made by the authorized account holder of the email address submitted at the time of entry. The "authorized account holder" is deemed the natural person who is assigned to an email address by an Internet access provider, service provider or other online organization that is responsible for assigning email addresses for the domain associated with the submitted email address. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning entry. Prize will only be awarded to the authorized account holder If, in Sponsor's opinion, there is any suspected or actual evidence of electronic or nonelectronic tampering with any portion of the contest, or if technical difficulties compromise the integrity of the contest, Sponsor reserves the right in its sole discretion to void any entries at issue (including disqualifying any individual who tampers or otherwise interferes with the entry process), and to cancel, terminate, modify or suspend the contest, in whole or in part, at any time without notice. In the event of such cancellation, Sponsor reserves the right to award prize in a random drawing from all eligible entries received before the time of cancellation. Sponsor in no way promote illegal acts, and any and all entries which include or promote illegal acts will be disqualified. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction of unauthorized access to, or alteration of, entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry received by Sponsor on account of technical problems or traffic congestion on the Internet or Sponsor’s App, any combination thereof, or otherwise, including any injury or damage to entrant's or any other person's computer related to or resulting from participation in the Contest. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE DISTINCT’S MOBILE APPLICATION OR UNDERMINE THE LEGITIMATE
OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Participants in the Contest hereby consent to the exclusive jurisdiction and venue of California courts (state and federal) in Los Angeles County for any causes or controversies arising out of the contest. Winner waives any and all objections to jurisdiction and venue in these courts. Entrants hereby agree that any and all disputes, claims, causes of action, or controversies (“Claims”) arising out of or in connection with this contest shall be resolved, upon the election by entrant or Sponsor, by arbitration pursuant to this provision and the code of procedures of either the National Arbitration Forum (“NAF”) or the American Arbitration Association (“AAA”), as selected by the entrant. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, NEITHER SPONSOR NOR ENTRANT WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND
BINDING. NOTE THAT OTHER RIGHTS THAT ENTRANT WOULD HAVE IF ENTRANT WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
The arbitrator’s authority to resolve Claims is limited to Claims between Sponsor and entrant alone, and the arbitrator’s authority to make awards is limited to awards to Sponsor and entrant alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with
anyone who is not a named party to the arbitration.
Astoria-Megler Bridge Astoria, OR #green
Love that car in front of you!
Makes the photo feel dated... It was perfect timing.