Last Updated: February 27, 2014
Rules and Regulations for Submission of Content
1. SPONSOR: The California Environmental Legacy Project, 6000 J Street Sacramento, CA 95819-6077 (“Sponsor”).
2. TERMS: By submitting content (“Submission”) to the Sponsor’s website, each entrant (‘Entrant’) agrees to be bound by the following rules (‘Official Rules’) and warrants that his or her Submission complies with all requirements set out in these Official Rules.
By submitting content, each Entrant agrees to release and hold harmless the California Environmental Legacy Project, its Affiliates (as defined in our Terms of Service) and any website companies hosting and promoting the Content, their respective parent companies, affiliates, auxiliaries, subsidiaries, advertising and promotion agencies, and all of their agents, officers, directors, shareholders, employees, and agents (‘Content Entities’) from any injury, loss, death, damage, action, claim, demand or other liability that may occur from the Entrant’s Submission of content.
ALL ELIGIBLE SUBMISSIONS WILL BE FEATURED ON THE SPONSOR’S YOUR STORIES WEB PAGE.
3. ELIGIBILITY: Submission of Content is open only to legal residents of the United States (excluding Puerto Rico, the U.S. Virgin Islands, and other commonwealths, territories and possessions).
VOID IN PUERTO RICO, OUTSIDE OF THE UNITED STATES, AND WHERE PROHIBITED BY LAW.
If you are under the legal age of majority in your state of residence (‘Minor’), a parent or legal guardian must submit a signed statement with your entry declaring that they have read, understood and agree to these Official Rules and that such agreement constitutes their acceptance of these Official Rules on your behalf. Please send such statements as pdfs by email to email@example.com and enter “Hero3 Minor Approval” in the subject line.
Sponsor employees, and their immediate families (spouses, parents, children, siblings, and their respective spouses), including household members of Contest Entities are not eligible to enter.
The Sponsor reserves the right to verify eligibility qualifications of any person submitting content to this Site.
4. HOW TO ENTER: No contribution or purchase is necessary to enter. Enter online between 12:00AM PDT August 15, 2012 and 11:59PM November 30, 2012. Limit one (1) entry per person. Multiple entries, if discovered, will be disqualified.
Submissions must consist of a story of 300 words or more and a photograph that tells the story of the Entrant’s ‘One True Place’ in California. All submissions must meet the requirements of and be made using the submission form at www.calegacy.org/submit-your-story/.
Proof of submission is not proof of receipt. All eligible submissions received will be featured on the Sponsor’s “Your Stories” web page.
5. CONDITIONS OF SUBMISSION: By submitting a story, Entrants agree to comply with these Official Rules, including all eligibility requirements.
All stories submitted shall become the property of the Sponsor. The Submission shall constitute an assignment of the copyright and all other rights of the entry to the Sponsor. Entrants may be asked to certify ownership of or provide releases to use the content in an entry story and/or photograph or provide the written consent of individuals pictured in an entry photograph. Failure to provide these permissions may result in the story being removed from the site.
Specifically, if the photograph contains any material or elements that are not owned by the entrant and/or which are subject to the rights of third parties, and/or if any persons appear in the photograph, the entrant is responsible for obtaining, prior to submission of the photograph, any and all releases and consents necessary to permit the exhibition and use of the photograph in the manner set forth in these Official Rules. If any person appearing in any photograph is under the age of majority in their state of residence, the signature of a parent or legal guardian is required on each release.
Upon Sponsor’s request, each Entrant must be prepared to provide, within seven (7) days of notification, a signed release from all persons who appear in the photograph submitted, and/or from the owner of any material that appears in the photograph entry, authorizing Sponsor and the Sponsor’s licensees to reproduce, distribute, display, and create derivative works of the entry in connection with the Submission and promotion thereof, in any media now or hereafter known. Failure to provide such releases upon request may result in removal of the Content at any time.
Content Entities assume no responsibility for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability, or garbled or jumbled transmissions, or service provider/Internet/website/use net accessibility or availability, traffic congestion, or unauthorized human intervention.
Content will be deemed to have been submitted by the authorized account holder of the email address from which the submission is made. The Sponsor is not responsible or liable for lost, stolen, mutilated, incomplete, incorrect, delayed, late, interrupted, illegible or misdirected submissions.
The Submission must not, in the sole and unfettered discretion of the Sponsor, contain obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content.
Incomplete Submissions may not be posted to the Site.
6. RIGHT TO CANCEL OR SUSPEND CONTENT SUBMISSION: The Sponsor reserves the right to modify, suspend, or terminate the acceptance of content Submissions in whole or in part by giving such notice, in any form and manner it deems appropriate.
7. GENERAL CONDITIONS: The Entrant warrants that he/she is the owner of the Submission and photograph (and all the intellectual property rights in the Submission and photograph submitted) and grants to Sponsor the irrevocable, perpetual, worldwide non-exclusive license to reproduce, distribute, display, and create derivative works of the Submission (along with a name credit) in connection with promotion of the Content without compensation. For the purposes of these Official Rules, the Entrant will be deemed to be in receipt of the Sponsor’s request or notification on the day that the email was sent by the Sponsor.
IN NO EVENT WILL THE SPONSOR, ITS AFFILIATES, AUXILIARIES, SUBSIDIARIES, AND OR LICENSEES, AND RELATED COMPANIES, THEIR SPONSORS, ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE INTERNET WEBSITE, INCLUDING BUT NOT LIMITED TO THE SUBMISSION OF CONTENT, OR THE DOWNLOADING FROM AND/OR PRINTING OF MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
The Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the submission process or operation of the web site; to be in violation of the Terms of Service of the Sponsor’s web site; to be acting in violation of the Official Rules; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Submissions using robotic, automatic, macro, programmed, or other like submission methods will be voided and removed from the Site.
Multiple participants are not permitted to share an email address. In the event of a dispute as to entries submitted by multiple users having the same email account, the authorized subscriber of the email account used to submit the Content at the actual time of the submission will be deemed to be the participant and must comply with these Official Rules. The authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, online service provider or other organization, which is responsible for assigning email addresses, or the domain associated with the submitted email address.
8. COLLECTION OF INFORMATION: Entrants agree that personal data, especially name and email address, may be processed, shared, and otherwise used for the purposes and within the context of the Content submission and any other purposes outlined in these Official Rules. The data may also be used by the Sponsor in order to verify the Entrant’s identity or to otherwise verify the Entrant’s eligibility to participate in the submission of Content to this Site.
Content Entities will not sell, rent or otherwise transfer this information to any third party, nor will the Sponsor use this information for marketing purposes, other than as outlined in “Conditions of Entry” without your consent.
As stated above, submission of Content is not open to Minors under the age majority in their country of residence without the express consent of a parent or legal guardian. In the event that you are under the age of thirteen (13) years and submit an entry, the Sponsor will delete, erase or destroy any and all personally identifiable information that is obtained from the entry.
9. DISPUTES: As a condition of submitting Content, Entrant agrees that any and all disputes which cannot be resolved and causes of action arising out of or connected with the Submission, shall be resolved individually, without resort to any form of class action, exclusively, before a court located in California having competent jurisdiction, which Court shall apply the laws of California without regards for doctrines of Conflict of Law. Further, in any such dispute, under no circumstances will Entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, nor consequential damages, or any other damages, including attorney’s fees, other than Entrant’s actual out-of-pocket expenses (i.e., costs associated with submitting Content), and Entrant further waives all rights to have damages multiplied or increased.