Official Rules PUBLISHED October 1, 2014
1. NO PURCHASE NECESSARY
2. DESCRIPTION OF THE CONTEST – Whisper Creek Golf Club (“Facility”)Photo Contest” (“Contest”) is sponsored by Billy Casper Golf, LLC 8300 Boone Blvd, Suite 350, Vienna, VA 22182 (“Sponsor”). Sponsor will select the Contest winners in accordance with the procedures set forth below. By participating in Contest, participants release all rights of submitted photos and videos (“Photos”), and Photos shall become property of Billy Casper Golf, LLC. By participating in this contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. Sponsor is not responsible for errors in the administration or fulfillment of this Contest, including without limitation, mechanical, human, printing, distribution or production errors, and may modify this Contest based upon such error at its sole discretion without liability and where circumstances make this unavoidable.
3. WHO MAY ENTER – Contest is open to all legal U.S. residents, 18 years of age or older.
4. HOW TO ENTER – To participate in the Contest, entrants must submit a Photo of the Facility, taken while they were at the Facility for any lawful reason. Payment of Greens Fees, or any other fees, is not a requirement to enter contest. Photos must be submitted through the Facility’s FACEBOOK ™, TWITTER ™, or INSTAGRAM ™ page using the hashtag #WHISPERpix. Registration with the foregoing social media providers may be required; however there is no cost to register.
5. SUBMISSION REQUIREMENTS – Each Photo that is entered into the Contest must meet ALL of the “Submission Requirements” set forth below to be considered (a Photo that meets all such requirements will be referred to as a “Submission”): (i) the Photo must be the submitting entrant’s original, previously unpublished work and not contain any third-party copyrighted material (including without limitation, copyrighted images or footage); (ii) the submitting entrant should be able to provide on request all clearances, permissions and releases for the Submission, including releases from all persons appearing in the Photo, and releases from anyone who assisted in the creation of the Photo (in the event a submitting entrant cannot provide all required releases, Sponsor reserves the right, in the Sponsor’s sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Sponsor’s benefit, or allow the applicable Submission to remain in the Contest); (iii) the Photo may not feature nudity or obscene language or material that is libelous or defamatory. Sponsor reserves the right, in its sole and absolute discretion, to disqualify any Submission that violates the above criteria.
6. JUDGES – Judging will be conducted by a Photo Committee comprised of Billy Casper Golf Marketing Services team members and staff members from the Facility of which the picture was taken (“Sponsor’s Judges” and/or “Judges”). These Judges either have a background in high-end photographic or graphic design and/or experience the natural beauty of the facility every day.
7. WINNER SELECTION – Winners will be selected by Sponsor’s Judges. The determination of the winners shall be made by Judges in their sole discretion, and such determination shall be final and binding.
8. PRIZES – Winners will receive a $100 gift card to the facility at which they shot the picture. One winner will be selected per facility. One $100 gift card will be awarded per facility. The winning Photo may be featured online on the Facility’s Facebook ™, Twitter ™, Instagram ™ page(s), Billy Casper Digital Network (“BCDN”), and/or website. No cash alternative or prize substitutions will be allowed, except the Sponsor reserves the right to substitute prize(s) of comparable value if the prize listed above is unavailable for any reason. Prize may not be extended, transferred or refunded. Any stated difference between the approximate value and actual value of the Prize or any substitute prize will not be awarded. Odds of winning depend on the number of eligible entries received.
9. NUMBER OF ROUNDS – There will only be one round of competition.
10. GENERAL PRIZE CONDITIONS - Prize will be awarded only if the potential winner fully complies with these Official Rules. All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. Winners are responsible for any taxes, additional fees, and gratuities.
11. RULES GOVERNING POTENTIAL WINNERS - The potential Winning Contestants will be notified through Billy Casper Golf Inc’s Facebook ™, Twitter ™, Instagram ™ page(s), Billy Casper Digital Network (“BCDN”), and/or website promptly following the winner selection. Winners may be required to execute and return an Affidavit of Eligibility, Liability/Publicity Release (Collectively, the “Prize Claim Documents”) within seven (7) days following the date of attempted notification. If a selected winner cannot be contacted, is ineligible, fails to claim a prize, and/or fails to return any Affidavit of Eligibility and Liability/Publicity Release (if required), within the applicable time period, Sponsor may elect to disqualify the selected winner, who will then forfeit his or her right to receive the Prize. By accepting a prize, the Winning Contestant agrees that Sponsor may, without limitation or further compensation, use his or her name, screen name, voice and/or likeness in any and all media for the purpose of advertising and promoting the Facility, the Contest, the Program or any other promotion, contest or sweepstakes sponsored by the Sponsor.
12. DATES & DEADLINES – Contest is open from October 1, 2014 through 11:59 P.M. October 31, 2014. All submissions must be received within this time frame in order to be eligible. Winners will be selected on November 10, 2014 and announced November 11, 2014.
13. ODDS OF WINNING – The number of eligible entries received will determine the odds of winning.
14. OWNERSHIP - By entering Submission in the Contest, entrant acknowledges and agrees that: (i) Sponsor will own all Submissions entered by entrant in the Contest; (ii) each entrant into the Contest hereby irrevocably grants, transfers, sells, assigns and conveys to the Sponsor, its successors and assigns, all present and future right, title and interest of every kind and nature whatsoever in and to the Submission(s) for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised (the “Rights”). Sponsor shall have the right, in its sole discretion to edit, composite, morph, scan, duplicate, or alter, the Submission(s) for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have in the Submission(s) submitted by him or her; (iii) each entrant hereby acknowledges that such entrant does not reserve any rights in and to the Submissions. Sponsor shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of any Submission for any reason or no reason at all, and no entrant/contestant shall be entitled to any damages or other relief by reason thereof.
15. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION - Each person who enters this Contest represents and warrants to Sponsor as follows: (i) the Submission is the entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Submission is wholly original with entrant and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; (iv) the Submission does not and will not violate any applicable laws, and meets the Submission Requirements set forth above. Each entrant hereby agrees to indemnify and hold Sponsor, Facility, Facility owner, Officers, assigns, employees of Facility owner (“Facility Owner”), harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
16. PUBLICITY RELEASE - By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant or winner of the Contest, each entrant irrevocably grants the Sponsor and their respective successors, assigns and licensees, the right to use such entrant’s name, likeness, biographical information and Submission in any and all media for any purpose, including without limitation, advertising and promotional purposes as well as in, or in connection with the Facility or the Contest or other promotions, and hereby release the Sponsor, Facility, and Facility Owner from any liability with respect thereto.
17. GERNERAL RELEASE AND LIMITATIONS ON LIABILITY - By entering the contest, entrants agree that: (i) any and all disputes, claims, and causes of action arising out of or connected with the Contest or any prizes awarded, shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event will attorneys’ fees be awarded or recoverable; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses and/or any and all rights to have damages multiplied or otherwise increased. Each entrant acknowledges and agrees that the Sponsor, Facility, Twitter, Instagram, Inc., Facebook, Inc., are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, lost, late, misdirected or illegible entries or for failure to receive entries due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with Sponsor, or otherwise, that may limit an entrant’s ability to participate in the contest; (ii) any injury or damage resulting from participation in the Contest and/or the use of any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses or damages related to or based on the entrant’s rights of publicity or privacy, or the entrant’s claim that he or she has somehow been defamed or portrayed in a false light. Sponsor and Facility assume no responsibility for any damage to an entrant’s computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.
18. LIST OF WINNERS - The names of the winners of this Contest will be posted on the Sponsor’s and/or Facility’s website, Facebook page, Twitter Account and Instagram Feed once such winners have been selected.
19. MISCELLANEOUS - This Contest is in no way sponsored, endorsed or administered by, or otherwise associated with Facebook, Inc., Twitter Inc., Instagram, Inc. You understand that you are providing your information to Sponsor and not to Facebook, Twitter or Instagram.
20. VOID WHERE PROHIBITED BY LAW