Don’t Be Afraid of the Dark Photo Contest (The “Contest”)
OFFICIAL RULES
CONTEST: Don’t Be Afraid of the Dark Photo Contest
SPONSOR(S): Nevada County Arts Council, City of Grass Valley, City of Nevada City, County of Nevada County
CONTEST ADMINISTRATOR: Nevada County Arts Council, 100 N. Pine St., Ste. C, Nevada City, CA 95959
ENTRY PERIOD: The entry begins at 12:01 AM (PST) on April 22, 2024 and ends at 11:59 PM (PST) on June 17, 2024.
PRIZE: Ten (10) prizes, including a gift basket and display of the Submission on the Contest website (https://www.nevadacountyarts.org/darkskies) and in one or more of the Sponsor’s offices, will be awarded in the following categories:
Youth (age 13-18)
Emerging/Amateur
Professional
PRIZE VALUE: $200
ANNOUNCEMENT DATE: The Prize announcement will occur on or about July 8, 2024 at 5:00 PM (PST).
CONTEST WEBSITE: https://www.nevadacountyarts.org/darkskies
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPACT YOUR OPPORTUNITY TO WIN. VOID WHERE PROHIBITED BY LAW.
By entering a Contest, Participants agree to abide by all terms of these Official Contest Rules (“Rules”) and the decisions of the Contest Administrator and the Sponsors, whose decisions shall be final and binding. To enter the Contest, Participants will submit up to three (3) original photos of the night sky (each, a “Submission”) in one of three categories, with prizes being awarded in each category to Submissions (i) by a select panel of judges chosen by the Sponsors, which may include local artists, elected officials, and/or Nevada County Arts Council staff (collectively, the “Judges”), and (ii) one prize being awarded in each category based on online voting, all in accordance with these Rules and based upon criteria set forth in the Judging section, below.
ELIGIBILITY: The Contest is open only to legal residents of the United States, including its commonwealths, territories, and possessions (the “Eligible Territory”) who are, at least, thirteen (13) years of age. Employees, officers, and directors of the Administrator or each of the Sponsors , including their respective affiliates, distributors, suppliers, printers, retailers, licensees, advertisers, and promotional agencies, and any other entity associated with the Contest (collectively, the “Sponsor Parties”), and members of their immediate family or persons living in the same household, are not eligible to participate in the Contest or win a Prize. The Contest is subject to all applicable laws, rules, and regulations. Void outside the Eligible Territory and where prohibited or restricted by law, rule, or regulation.
HOW TO ENTER: You may enter the Contest via online entry form. No other method of entry will be accepted. Limit three (3) entries per person/email address. Additional entries beyond the specified limit will be void. To enter online, go to https://www.nevadacountyarts.org/darkskies to access the online entry form and upload your photographs for the Contest. Entrants must fully complete and submit all non-optional data requested on the entry form and their Submission in accordance with the Submission Requirements and Content Restrictions set forth below to be eligible. Incomplete and/or inaccurate entries are void. All information submitted online by entrants is subject to, and will be treated in a manner consistent with, the Administrator’s Privacy Policy (accessible at https://www.nevadacountyarts.org/privacy). By successfully transmitting a completed online entry form during the Entry Period, you will be entered in the Contest as a “Participant.” All online entries must include a valid email address for the Participant. Participants may be given the option to receive commercial email and/or mobile text messages and updates from Sponsor; however, eligibility to participate in the Contest is not dependent upon Participant’s consent to receive such emails and/or mobile text messages and updates and consenting to receive such emails and/or mobile text messages and updates will not impact any Participant’s opportunity to win. Standard messaging rates apply to mobile text messages and updates.
Online entries generated by a script, macro, or other mechanical or automated means will be disqualified. In the event of dispute as to the identity or eligibility of any potential winner based on email address, the Authorized Account Holder of the email address submitted at the time of entry will be used to determine the identity and eligibility of the potential Winner. The “Authorized Account Holder” is the natural person to whom the applicable ISP or other organization (such as a business or educational institution) has assigned the submitted email address for the domain associated with such email address.
Submission Requirements: Interested Participants must submit their online entry and Submission(s) in accordance with these Rules. All Submissions must be of the night sky (more information and tips on photographing the night sky can be found on the Contest website located at https://www.nevadacountyarts.org/darkskies). In addition, all Submissions:
Must be original works created by the Participant
Must be taken from a location within Nevada County, California
Must be entered in one of the categories, as indicated on Participant’s online entry form
By submitting an online entry and Submission, each Participant represents and warrants the Submission(s) is an original work of authorship and Participant owns all right, title, and interest in the Submission(s) in order to submit it in accordance with these Official Rules.
Submissions not meeting the eligibility requirements, as determined by Administrator in its sole discretion, will be deemed disqualified and ineligible for the Contest.
NOTE: Children under the age of 13 may enter the Contest by having a parent or guardian contact the Administrator at info@nevadacountyarts.org. Children under the age of 13 may not enter the Contest online.
JUDGING: On or about June 24-July 5, 2024 (the “Judging Date”), the Judges will score all eligible Submissions in the following categories (i) Youth (age 13 to 18), (ii) Emerging/Amateur, and (iii) Professional based on judging criteria established by the Administrator. Winners will be those Participants (i) determined by the Judges to have the highest scores in each category, and (ii) determined based on online voting conducted on the Contest website, subject in each instance to verification of eligibility and compliance with these Official Rules. “Winners” are those Participants selected to receive a Prize by the Judges or as part of online voting. Winners will receive one of ten (10) Prizes, as determined by the Sponsors. In the event of a tie, the Judges will be used to determine the tiebreaker. Decisions by the Judges shall be final and binding in all respects.
PRIZE: Up to ten (10) Prizes will be awarded to the Winners. The Winners will each receive a Prize that includes (i) a gift basket with items selected by the Sponsors; and (ii) their Submission will be featured on the Contest website and digitally displayed in the offices of one or more of the Sponsors for up to 60 days. The Administrator reserves the right to substitute any Prize (or any portion thereof) with a Prize of comparable or greater value, at its sole and absolute discretion.
PRIZE CONDITIONS: All Prize details shall be determined by Sponsors in their sole and absolute discretion. Each Winner is fully responsible for any and all applicable taxes (including income and withholding taxes). All costs and expenses associated with prize acceptance and use which are not specifically included in the prize description above, including, but not limited to, transportation, lodging, meals, gratuities, insurance, and other expenses, are the sole responsibility of the Winner. The Prize is non-transferable and non-assignable, with no cash redemptions except at Sponsors’ sole and absolute discretion. Prize is awarded “as is” with no warranty or guarantee, either express or implied. Winner agrees to look solely to the manufacturer for any warranties on the Prize awarded.
CONSENT, LICENSE, AND RELEASE: In exchange for the opportunity to participate in the Contest, the receipt of which opportunity shall be sufficient consideration for this Section (Consent, License, and Release), and by submitting an online entry and Submission, each Participant does hereby:
(a) Consent to the collection by Administrator (or its designees) of Participant's personal information, including, without limitation, name, age, address, telephone number(s), and email address(es) (the “Personal Information”) in connection with the online entry and in accordance with Administrator’s Privacy Policy (https://www.nevadacountyarts.org/privacy), and acknowledges that the Personal Information may be shared with (i) third parties providing Administrator with service directly connected to the operation of the Contest; (ii) each of the Sponsor Parties; and (iii) to third parties providing marketing and promotional services (provided Participant has opted in to to such uses of their Personal Information). Any Participant who does not or is unable to provide their consent will be deemed ineligible for participation in the Contest.
(b) Grant to Administrator and each of the Sponsors, a gratis, full-paid, perpetual, worldwide, non-exclusive, and non-terminable license to use and modify (solely for purposes of formatting) the Submission via any means and media including without limitation across the Internet or any other interactive media, websites and social media accounts owned or controlled by Administrator or the Sponsors t solely in connection with the marketing, promotion, advertising, and administration of the “Contest” without notice or payment of any compensation, except where prohibited by law. The Administrator and each of the Sponsors agrees it will not use the Submission (other than as archived on the internet) for any new uses following the conclusion of the Contest.
(c) Grant the Administrator and each of the Sponsors the perpetual, non-exclusive, right and license to to use Participant’s name (and any other Personal Information included in the online entry), likeness, image, voice, statements, appearance, and performance in whole or in part, solely in connection with the marketing, promotion, advertising, and administration of the “Contest” without notice or payment of any compensation, except where prohibited by law.
(d) Agree (i) the rights granted under Section (b)-(c) above, are fully assignable by the Administrator.
(e) Agree Participant shall have no right of approval of any use of the Submission and the Personal Information as permitted hereunder.
INDEMNITY: Participant agrees to indemnify, hold harmless and fully release the Sponsor Parties and each of their respective shareholders, partners, members, directors, officers, employees, agents, and representatives from any and all claims, demands, losses, promises, causes of action, and/or liabilities for any injury, damage, or loss of any kind caused, directly or indirectly, in whole or in part, by participation in, or preparation for, the Contest, Contest-related activity, Participant’s online entry, the Submission, or resulting from the acceptance, possession, or use of the Prize (or any portion thereof, including any travel or activity related thereto), including, but not limited to, claims of copyright or trademark infringement, false endorsement, libel, slander, defamation, or infringement of rights of publicity or privacy.
NO OBLIGATION TO USE: Nothing herein will obligate Sponsor to make any use of any of the rights set forth herein. In the event that any individual appears in the Submission, Participant hereby represents and warrants (a) that such individual has authorized Participant to agree to the Consent, License, and Release on their behalf (or, with respect to any individual under the legal age of majority in their jurisdiction of residence, that Participant is the parent and/or legal guardian of such individual, with legal authority to act on behalf of such individual) and (b) that Participant agrees to the Consent, License, and Release on behalf of such individual.
CONTENT RESTRICTIONS: Participants must not include any of the following in any Submission: (a) vulgarity, profanity, nudity, or material which is adult-oriented, sexually-explicit, indecent, or inappropriate; (b) explicit language or content, images of violence, or promotion of illegal activities; (c) materials relating to lotteries or gambling; (d) content in violation of intellectual property rights or laws; (e) false, libelous, defamatory, disparaging, tortious, or slanderous materials; (f) content that denigrates, disparages, or reflects negatively on the Sponsor Parties, their owners, or employees; (g) dangerous stunts or real weapons of any kind, including, but not limited to, guns, knives, or projectiles; (h) material that promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or any other basis protected by law, ordinance, or regulation; (i) any individual under legal age of majority without providing a signed release from his/her parent or legal guardian; (j) audio, visual, and/or multimedia content owned by any third party (e.g., recorded music, pre-produced video, etc.); and (k) material that is unlawful or otherwise in violation of or contrary to the laws or regulations in any jurisdiction where the Submission is created, including, but not limited to, laws relating to rights of privacy or publicity. Any Submission that does not comply with the foregoing, in the sole discretion of Sponsor, will be disqualified and eliminated from consideration.
NOTIFICATION: Each potential Winner will be notified at the email address provided as part of the online entry (the “Prize Notification”). In the event that any potential Winner does not respond to the Prize Notification within three (3) days or declines the Prize for any reason, a disqualification will result, the Prize will be forfeited and, at Administrator’s sole discretion and time permitting, an alternate potential Winner may be selected from among all remaining eligible Submissions based on the judging criteria. Each potential Winner may be required to submit a valid social security number and/or other identification to the Administrator and may receive an IRS Form 1099 for any Prize valued at $600 or greater. Each potential Winner may be required to execute, have notarized, and return an Affidavit of Eligibility and Release of Liability and, unless prohibited by law, a Release of Publicity, within five (5) days of the date of issuance. Failure to submit any identification required by the Administrator or to return any required documents within five (5) days of request therefore, noncompliance with these Rules, or the return of the Prize Notification or of the Prize (or any portion thereof) as non-deliverable may result in the potential Winner’s disqualification and Prize forfeiture and, at Administrator's sole discretion and time permitting, may cause an alternate potential Winner to be selected from among all remaining eligible Submissions based on the judging criteria.
CONTEST ADMINISTRATION: Administrator will be responsible for resolving any disputes and rules violations that arise in connection with the Contest. All decisions by the Administrator and the Sponsors regarding the Contest shall be final and binding in all respects.
GENERAL CONDITIONS: By participating in the Contest, each Participant (a) agrees to be bound by these Official Rules, including all entry requirements, and (b) gives his/her express permission to be contacted by Sponsor by telephone, email, and/or postal mail for Contest purposes. The Sponsor Parties are not responsible for late, incomplete, incorrect, misdirected, lost, delayed, undelivered, damaged, scrambled, or garbled entries, transmissions, email, or mail; a Participant’s failure to receive prize notices due to Participant’s spam, junk e-mail, or other security settings or for Participant’s provision of incorrect or otherwise non-functioning contact information; technical, hardware, or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications, whether caused by the sender or by any of the equipment or programming associated with or used in the Contest; printing, typographical, or other errors appearing within these Official Rules, in any Contest-related advertisements, or other materials; or any other errors, problems, or difficulties of any kind, whether human, mechanical, electronic, or other, relating to the Contest. The Sponsor Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users (e.g., hacking) or by any equipment or programming associated with or utilized in the Contest. The Sponsor Parties are also not responsible for injury or damage to Participant’s or to any other person’s computer and/or wireless device related to or resulting from participating in the Contest or downloading materials from or use of the Contest website. Persons who tamper with or abuse any aspect of the Contest or website; attempt to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices; intend to annoy, abuse, threaten, or harass any other Participant or any representative of Sponsor; or who are in violation of these Official Rules or any applicable laws, as determined by Sponsor in its sole and absolute discretion, will be disqualified and all associated entries will be void. Any attempt to undermine the legitimate operation of the Contest may be a violation of criminal and civil laws and Sponsor reserves the right to seek damages (including attorneys’ fees) and other remedies from any person(s) responsible for the attempt to the fullest extent permitted by law. The Sponsor Parties (a) make no warranty, guaranty, or representation of any kind concerning any prize (or any portion thereof) and (b) disclaim any implied warranty. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Sponsor reserves the right, in its sole discretion, to modify, suspend, extend, or cancel the Contest (or any portion thereof) in the event Sponsor is prevented from executing the Contest as contemplated herein by any event beyond Sponsor’s control, including, but not limited, to: fire; flood; earthquake; explosion; public health epidemic or crisis; labor dispute or strike; act of God or public enemy; network or equipment failure; riot or civil disturbance; terrorist threat or activity; war (declared or undeclared); court order; or federal, state, or local government law, order, or regulation. Sponsor also reserves the right, in its sole discretion, to modify, suspend, extend, or cancel the Contest (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes or events corrupt the administration, security, fairness, integrity, or proper operation of the Contest. In the event of cancellation, Sponsor may elect to identify the winners and award the prizes by judging all non-suspect, eligible entries received up to the time of cancellation. Sponsor also reserves the right, in its sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest.
By entering this Contest, each Participant agrees that (i) any and all disputes, claims, and causes of action arising out of or in connection 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, punitive, incidental or consequential damages and/or any other damages other than actual out-of-pocket expenses.
The Winner, by accepting a Prize, agrees to release and hold harmless the Sponsor Parties from any and all liability, claims or actions of any kind whatsoever, which may result from the receipt, enjoyment, ownership or use or misuse of such 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/she has somehow been defamed or portrayed in a false light).
The Sponsor Parties do not assume any responsibility for any schedule changes in the Contest timeline, including without limitation, scheduling conflicts, labor strikes, Acts of God, or other unforeseen events that disrupt the Contest schedule. Contest Administrator and Sponsor(s) reserve the right to cancel, modify, or suspend this Contest.
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE RULES OR THE RIGHTS AND OBLIGATIONS OF PARTICIPANTS, WINNERS, CONTEST ADMINISTRATOR, AND/OR SPONSORS IN CONNECTION WITH THIS CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES AND THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER JURISDICTION'S LAWS. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE RULES SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. IN THE EVENT THAT ANY PROVISION IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE OR ILLEGAL, THESE RULES SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN. EACH PERSON WHO PARTICIPATES IN THIS CONTEST AGREES THAT UNITED STATES AND THE STATE OF CALIFORNIA SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY SUIT OR OTHER PROCEEDING ARISING OUT OF OR BASED UPON THESE OFFICIAL CONTEST RULES OR THE RIGHTS AND OBLIGATIONS OF PARTICIPANTS, CONTEST ADMINISTRATOR, AND/OR SPONSORS IN CONNECTION WITH THIS CONTEST AND EACH HEREBY WAIVES ANY CLAIM THAT IS NOT SUBJECT PERSONALLY TO THE JURISDICTION OF SAID COURTS OR THAT ANY SUCH SUIT OR OTHER PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM OR IMPROPER VENUE.
WINNER LIST: For the winners’ names, mail a request and a self-addressed stamped envelope to be received no later than ninety (90) days after the Judging Date to: Winner List, c/o Nevada County Arts Council, 100 N. Pine St., Ste. C, Nevada City, CA 95959.
OFFICIAL RULES: For a copy of these Official Rules, mail a request and a self-addressed stamped envelope to be received no later than ninety (90) days after the Judging Date to: Official Rules, c/o Nevada County Arts Council, 100 N. Pine St., Ste. C, Nevada City, CA 95959.
The trademarks, service marks, and copyrights are proprietary to the Sponsor Parties or to their lawful owners. All rights reserved.