TERMS OF USE

TERMS OF USE

APPLEMONTH.COM

7. PHOTO REQUIREMENTS AND TERMS/CONDITIONS

This section applies to photos submitted by Registered Participants in accordance with Rule 4. If it is discovered that a Registered Participant you attempted to enter the same original photo more than once during the Contest Period, it will be disqualified and not entitled to any additional voting ballots for the duplicate entry. Photos will be rejected if the photo does not conform to the specific requirements listed below. BY SUBMITTING A PHOTO, THE ENTRANT (AND HIS/HER PARENT/LEGAL GUARDIAN IF HE/SHE IS UNDER THE AGE OF MAJORITY IN HIS/HER JURISDICTION OF RESIDENCE) AGREES THAT THE PHOTO COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE SPONSOR AND THOSE ASSOCIATED WITH IT WILL BEAR NO LEGAL LIABILITY, EXPRESSED OR IMPLIED, REGARDING THE USE OF THE PHOTO BY THE SPONSOR AND THE SPONSOR SHALL BE HELD HARMLESS BY AN ENTRANT IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT THE ENTRANT HAS DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THE RULES.

By submitting an entry, each Registered Participant entrant (and his/her parent/legal guardian if he/she is under the age of majority in his/her jurisdiction of residence) warrants and represents that his/her Registered Photos:

  1. are original to him/her and that the entrant has all necessary rights in and to the photo(s) and all of its/their components (if applicable) to enter the photo in the Contest;
  2. do not and will not violate any law, statute, ordinance or regulation;
  3. do not contain any reference to or likeness of any person other than the Registered Participant unless a Photo Release and Authorization Form for any and all such persons has been downloaded with the corresponding entry;
  4. will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims for payment whatsoever; and
  5. are not defamatory, trade libellous, pornographic or obscene, and further that they will not contain, depict, include, discuss or involve, without limitation, any of the following:
    1. Nudity;
    2. Sexual activity;
    3. Crude, vulgar or offensive language and/or symbols;
    4. Derogatory characterizations of any ethnic, racial, sexual or religious groups;
    5. Content that endorses, condones or discusses any illegal, inappropriate or risky activity, behaviour or conduct;
    6. Personal information of individuals, including without limitation, names and addresses (physical or e-mail);
    7. Conduct or other activities in violation of these Rules;
    8. Commercial messages, comparisons or solicitations for products or services;
    9. Any identifiable third party products and/or trade-marks, brands or logos;
    10. URLs or links to any websites; and
    11. Any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor and/or the Contest judges in their sole discretion.

By entering, each Registered Participant (and his/her parent/legal guardian if he/she is under the age of majority in his/her jurisdiction of residence): (i) grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use their Registered Photo(s) in whole or in part on the Contest Website and/or for advertising or promoting the Contest or for any other reason; and (ii) agrees to release and hold harmless the Sponsor and its advertising and promotion agencies, the Contest judges and each of their respective agents, employees, directors, successors, and assigns against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action. For greater certainty, the Sponsor and/or the Contest judges reserve the right, in their sole discretion, to modify, edit or remove any photo, or to request an entrant to modify or edit his or her Registered Photo(s), if a complaint is received with respect to such photo(s), or for any other reason.

8. VOTING TERMS AND CONDITIONS

During the Contest Period and until March 17, 2013 at 11:59 pm PT when voting ends (the “Voting Period”), Registered Participants may cast votes for their own or others’ Registered Photo, using voting ballots which are contained in their Account in accordance with Rule 4(b). Only Registered Participants may vote. There is a limit of one (1) Account per person/email address permitted and a Registered Participant can only use one (1) email address, twitter account, or Facebook account to register for the Contest. If it is discovered that a participant has attempted to: (i) register more than one (1) time during the Contest Period; and/or (ii) use (or attempt to use) multiple names, identities and/or more than one (1) email address to register for, or otherwise participate in, the Contest; then (in the sole and absolute discretion of the Sponsor) he/she may be disqualified from participating in the Contest and all of his/her voting ballots and votes may be disqualified. Use (or attempted use) of multiple identities, email addresses and/or any automated system to register for, vote, or otherwise participate in this Contest is prohibited and is grounds for disqualification. The Sponsor is are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Accounts and/or votes.

The Grand Prize Winner will be selected out of the top 10 entrants as determined by the number of online votes make during the Voting Period. BC Tree Fruits reserves the right to disqualify any entries if concerns are raised as to the integrity of their votes.

Voting Limit: A Registered Participants can cast only as many votes as are available in his/her Account and must cast any and all available votes in his/her Account within the Voting Period. If it is discovered that attempts were made to by a Registered Participant (or any individual purporting to be a Registered Participant) to: (i) cast more votes than they were eligible to cast during the Contest Period; (ii) use (or attempt to use) multiple names, identities, email addresses and/or any automated, script, macro or robotic program(s) to submit votes; and/or (iii) engage in systematic voting from the same computer/IP address; then it may result in the disqualification, in the sole and absolute discretion of the Sponsor, of the votes, entry and/or Registered Participant to which such votes relate. Any votes determined by Sponsor to be in violation of these Rules (including, without limitation, votes determined to be coming from any source other than a Registered Participant) are subject to disqualification in the sole and absolute discretion of the Sponsor. All votes and Accounts are subject to verification. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor) from any Registered Participant (or any individual purporting to be a Registered Participant) to participate in this Contest or for any votes cast, or purportedly cast, by such Registered Participant to be considered valid for the purposes of this Contest. Failure to provide such proof in a timely manner may result in disqualification of the applicable Votes that cannot be verified to the satisfaction of the Sponsor, in its sole and absolute discretion. The sole determinant of the time for the purposes of a valid Account and/or vote in this Contest will be the Contest server machine(s).

Important Note: Registered Participants who have submitted Registered Photos may encourage other Registered Participants to vote for a Registered Photo (e.g. via various social media sites and platforms); however, no form of incentive, inducement, prize or chance of receiving any incentive, inducement, or prize may be offered as part of such encouragement in furtherance of receiving such individual’s vote for any Registered Photo. Any individual determined by the Sponsor and/or its representative to be engaging in such behaviour will be disqualified, and the corresponding votes, Registered Photo and/or Registered Participant is subject to disqualification in the sole and absolute discretion of the Sponsor.

9. GENERAL CONDITIONS (APPLICABLE TO ALL REGISTERED PARTICIPANTS):

By entering the Contest, each entrant (and his/her parent/legal guardian if he/she is under the age of majority in his/her jurisdiction of residence) agrees to the use of their name, image, address, voice, statements about the Contest and/or photograph or other likeness, and their Registered Photo(s) without further notice or compensation, in any publicity or advertisement carried out by the Sponsor in any manner whatsoever, including print, broadcast or the Internet.

Without limitation, the Sponsor, its advertising and promotion agencies and the Contest judges are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries.

Without limitation, the Sponsor, its advertising and promotion agencies and the Contest judges will not be liable for any failure of the Contest Website during the Contest; for any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; for the failure of any entry to be received by the Sponsor, its advertising and promotion agencies or the Contest judges for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any website; or any combination of the above. Further, the Sponsor, its advertising and promotion agencies and the Contest judges will not be liable for any injury or damage to an entrant’s or any other person’s computer or data contained therein, related to or resulting from participating or downloading any material in the Contest.

The Sponsor reserves the right to withdraw or amend this Contest in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of the Contest as contemplated by these Rules. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law.

This Contest is subject to all applicable Canadian federal, provincial and municipal laws. The decisions of the Contest judges with respect to all aspects of this Contest are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Entries.

In the event of a dispute, online entries will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. If the identity of an online entrant is disputed, the authorized account holder associated with the email account at the time of entry will be deemed to be the entrant. A selected entrant may be required to provide proof that he/she is the authorized account holder of the email address associated with the selected entry. The sole determinant of the time for the purposes of a valid online entry in this Contest will be the Contest server machine(s).

The Sponsor reserves the right to cancel or suspend this Contest, or to amend these Rules without prior notice or obligation, in the event of any accident, printing, administrative, or other error or any kind.

By entering this Contest, each entrant (and his/her parent/legal guardian if he/she is under the age of majority in his/her jurisdiction of residence) expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted with his/her entry only for the purpose of administering the Contest in accordance with these Rules and in accordance with Sponsor’s Privacy Policy (available at http://www.bctree.com/about/privacy), unless the entrant (and/or his/her parent/legal guardian if he/she is under the age of majority in his/her jurisdiction of residence) otherwise agrees.

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