OFFICIAL Contest Rules and regulations
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE A CONTESTANT’S CHANCES OF WINNING.
“Administrator” means Claim My Run, Inc.;
“Contest” means the Find Your New Mexico True Park contest;
“Contest Facilitators” means, collectively, the Administrator, Organizer, and all sponsors arranged by the Organizer, including New Mexico State Parks (NMSP), National Park Service (NPS), New Mexico Department of Cultural Affairs (DCA);
“Grand Prize Provider” means the party responsible for the prize: KOAT-7.
“Contest Period” means the time period from July 11, 2016 to September 5, 2016 in which the Contest will take place.
“Contest Requirements” means the guidelines and criteria that Contestants must abide by in order to be eligible for the Contest;
“Contest Site” means www.nmtruepark.com and any associated sub-domains of the Site, or a domain or website of the Organizer;
“Contestant” means an individual who has submitted an Entry into the Contest. Contestants must be eighteen (18) years old at the time of their Entry.
“Evaluation Committee” means a panel of judges, selected by the Organizer, assembled from employees and representatives of Contest Facilitators;
“Organizer” means the New Mexico Tourism Department (NMTD);
“Prize” or “Prizes” means the prize or prizes (if there are multiple prizes) to be awarded for a particular Contest as specified in the Contest Summary; and
“Region” means a state or national park, monument, preserve or historic site in New Mexico where the Contest will take place.
- Eligibility: The Contest is FREE to Contestants. It is the Contestant’s responsibility to ensure that they are legally eligible to enter the Contest under any laws applicable to them in their jurisdiction of residence or otherwise. The employees, officers and directors of the Contest Facilitators as well as their immediate family (spouse, parents, siblings and children) and household members of each such employee, officer and director are not eligible to participate in the Contest. The Contest is void outside the Region specified, and where prohibited by applicable federal, state, provincial or local laws, rules or regulations.
- Agreement to Official Rules: By participating in the Contest, Contestants fully and unconditionally agree to and accept these Rules and the decisions of the Organizer and/or Administrator, which are final and binding in all matters related to the Contest. Whether or not the Contestant receives a Prize is contingent upon fulfilling all requirements set forth in these Rules. The Contest is subject to all applicable federal, state, and local The Organizer is responsible for ensuring that the Contest complies with all laws in all jurisdictions where it is offered. Contests are void where prohibited by law.
- Contest Requirements: Photos should capture the Contestant’s fun, unique, and adventurous experience by answering one or more of the following questions: How it is an authentic experience that can happen nowhere else? What makes it a New Mexico True experience? Is it New Mexico True because the Contestant and the Contestant’s family have camped at this park since the Contestant was little? Possible photo ideas include, but are not limited to cultural experiences at a State or National Monument that the Contestant cannot find anywhere else; sunsets; the Contestant and/or the Contestant’s friends hiking the trails; or a simple picnic at any one of the fifty-seven (57) eligible parks and sites to choose from. It’s the Contestant’s experience and their New Mexico True
The fifty-seven (57) eligible parks and sites to choose from are:
|Aztec Ruins – National Monument|
|Bandelier – National Monument|
|Bluewater Lake – State Park|
|Fort Sumner/Bosque Redondo Memorial – State Historic Site|
|Bottomless Lakes – State Park|
|Brantley Lake – State Park|
|Caballo Lake – State Park|
|Capulin Volcano – National Monument|
|Carlsbad Caverns – National Park|
|Cerrillos Hills – State Park|
|Chaco Culture – National Historic Park|
|Cimarron Canyon – State Park|
|City of Rocks – State Park|
|Clayton Lake – State Park|
|Conchas Lake – State Park|
|Coronado – State Historic Site|
|Coyote Creek – State Park|
|Eagle Nest Lake – State Park|
|El Camino Real – State Historic Site|
|El Malpais – National Monument|
|El Morro – National Monument|
|El Vado Lake – State Park|
|Elephant Butte Lake – State Park|
|Fenton Lake – State Park|
|Fort Selden – State Historic Site|
|Fort Stanton – State Historic Site|
|Fort Union – National Monument|
|Gila Cliff Dwellings – National Monument|
|Heron Lake – State Park|
|Hyde Memorial – State Park|
|Jemez – State Historic Site|
|Leasburg Dam – State Park|
|Lincoln – State Historic Site|
|Living Desert Zoo & Gardens – State Park|
|Manhattan Project at Los Alamos – National Historic Park|
|Manzano Mountains – State Park|
|Mesilla Valley Bosque – State Park|
|Morphy Lake – State Park|
|Navajo Lake – State Park|
|Oasis – State Park|
|Oliver Lee Memorial – State Park|
|Pancho Villa – State Park|
|Pecos – National Historic Park|
|Percha Dam – State Park|
|Petroglyph – National Monument|
|Rio Grande Nature Center – State Park|
|Rockhound – State Park|
|Salinas Pueblo Missions – National Monument|
|Santa Rosa Lake – State Park|
|Storrie Lake – State Park|
|Sugarite Canyon – State Park|
|Sumner Lake – State Park|
|Ute Lake – State Park|
|Valles Caldera – National Preserve|
|Vietnam Veterans Memorial – State Park|
|Villanueva – State Park|
|White Sands – National Monument|
- How to Enter: During the Contest Period, the Contestant must log on to the Contest Site and follow the online instructions to complete the submission form (the Registration Form) with their name, email address, and any required questions as specified by the Administrator, then they must follow the directions specified for the Contest in the Contest Summary. Contestants must upload their image in the designated area of the Registration Form. Contestants must then provide an entry (Entry) that fulfills the Contest Requirements in order to be eligible to win a Prize. Entries that do not include all of the required information and do not adhere to the Rules will be considered void. The Contest Facilitators are not responsible for lost, misdirected or incomplete Entries.
The Organizer determines if an Entry meets the Contest Requirements and otherwise complies with the Rules.
- Terms of Submission: A Contestant may enter the Contest by submitting an unlimited number of photos for each of the three (3) Categories. Contestants may request that their Entry be deleted by contacting the Organizer at anytime. By participating in the Contest, Contestants permit the use of the Entry for public voting in connection with this Contest.
- Rights Granted by Contestants: By entering this Contest, Contestants agree that:
- The Contest Facilitators, Grand Prize Provider and their licensees, successors and assigns will have the right to use all or a part of the Contestant’s Entry, the Contestant’s name and address (city and state/province/territory), and the names, likenesses, and images of all persons appearing in their Entry anywhere in the world and in perpetuity, for future advertising, trade, promotion and publicity in any manner and in any medium now known or hereafter devised throughout the world in perpetuity, without compensation, without notice to Contestants, and without consideration, review or approval from them; and
- They will not now nor in the future be paid for their Entry or for granting the Contest Facilitators any of the rights as set out in these Rules.
- Contestants Representations and Warranties: By entering the Contest, Contestants represent and warrant that:
- The Entry, in its entirety, is an original work by the Contestant and that they have not included third party content (such as writing, poetry, text, graphics, artwork, logos, photographs, music) in or in connection with the Entry without permission;
- The Entry’s and photos are not digitally enhanced or altered in any way (beyond the basics needed to achieve realistic color balance and sharpness). Digitally altered photographs will be disqualified at the sole discretion of the Contest Facilitators;
- The Entry does not and cannot defame, misrepresent or disparage any Contest Facilitator, their services, products, or any other people, products or companies. In addition, an Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which the Content Facilitators wish to associate. The Organizer reserves the sole right to monitor or screen Entries prior to posting them to the Contest Site at the sole discretion of the Contest Facilitators. Images not fulfilling the spirit or intent of the Contest may be disqualified or removed from the Contest Site;
- The Entry, the use thereof by the Contest Facilitators, or the exercise by the Organizer or Administrator of any of the rights granted by the Contestant under these Contest Rules, does not and will not infringe or violate any rights of any third party or entity, including, without limitation, patent, copyright, trademark, trade secret, defamation, privacy, publicity, false light, misappropriation, confidentiality, or any contractual or other rights;
- The Contestants have all the rights, licenses, permissions and consents necessary to submit the Entry and to grant all of the rights granted under these Rules to the Contest Facilitators;
- All persons who were engaged by the Contestant to work on the Entry, who appear in the Entry in any manner, or have contributed to the Entry have:
- Given the Contestant their written consent to submit the Entry without claims for payment of any kind; and
- Provided written permission to include their name, likenesses, image or pictures in or with the Contestant’s Entry. If a minor is utilized in the Entry, who is not a Contestant’s child, the Contestant must have the written permission of that minor’s parent or legal guardian. Contestants may be asked by the Contest Facilitators to provide such permission in writing to them;
- Entries that are not in accordance with the guidelines as stated herein or are not received during the Contest Period will be ineligible.
- At the sole discretion of the Contest Facilitators any Entries that do not meet the following guidelines will be ineligible: (i) be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity; (ii) promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (iii) be obscene or offensive, endorse any form of hate or hate group; (iv) contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind (other than the NMTD’s trademarks, logos, trade dress, brands or products), without permission, or contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses without permission; (v) contain copyrighted materials owned by third parties other than the submitters(s) or NMTD (including photographs, sculptures, paintings and other works of art or images published on or in websites or other media) without permission; (vi) contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission; and (vii) depict, and cannot itself be in, a violation of any law; and
- Winner(s): There will be a total of ten (10) Winners. Each of the three (3) categories will award a First, Second and Third Prize based off of the online voting. One (1) Grand Prize Winner will be selected by the Evaluation Committee. Random drawing(s) will award all remaining Prizes, excluding the top voted on photos in each of the Categories. Everyone has a chance to win!
The winner(s) (Winner(s)) of the Prize(s) will be selected, as specified below. If a Contestant is selected as a Winner, they will be notified by the email address provided by them on the Registration Form. If they do not respond to the email within five (5) business days, an alternate Winner will be selected to receive the Prize. This format will include the final Grand Prize Winner along with the other Prizes awarded for each of the three (3) Categories. All decisions of the Organizer in selecting the Winner(s) are final and binding on all Contestants in all matters relating to the Contest.
- Voting: Online voting begins and ends as stated in the Contest Period (the Voting Period). Anyone who visits the Contest Site can vote for their favorite Entry or the Entry that best meets the judging criteria by viewing the Entries. Contestants are encouraged to share their photos and solicit votes through social media. The Contest Facilitators have the right, in their sole discretion, to maintain the integrity of the Contest, including the right to void votes, including, but not limited to, for the following reasons:
- Multiple votes from the same user from different IP addresses or from different email addresses;
- Fraudulent votes (using a redirect link, a disguised link, a fraudulent link, etc.);
- Technical malfunction of servers or internet connection;
- User(s) recanting their own votes;
- Technical or content upgrades that render views incompatible or inconsistent; and
- Inappropriate conduct in promoting votes (spam, harassment, etc.).
- How To Win: Winners will be selected in three (3) Categories: Best State Park Photo, Best State Historic Site Photo and Best National Park or Monument Photo. There will be a First, Second, and Third place Winner for each Category. Winners will be selected by the most votes on the Find Your New Mexico True Park photomap. Votes will be totaled for the duration of the Contest. Prizes will be given away to the top three (3) most voted Entries in each Category.
- Grand Prize Winner: On or about September 6th, 2016, the Evaluation Committee will select one (1) Entry to be the Grand Prize Winner.
Each eligible Entry will be reviewed by the Evaluation Committee and given a score. Once the Entries are scored, one (1) Grand Prize Winner will be selected. The Entry that receives the highest score when assessed against the below mentioned criteria will be declared the Grand Prize Winner(s) of the Contest.
The following criteria will be used to evaluate each Entry:
- Extent to which the photograph conveys a sense of exploration and “adventure that feeds the soul:” fifty percent (50%);
- Photographic quality: twenty percent (20%);
- Public voting response: twenty percent (20%); and
- Quality of the Description as input on the Registration Form, and its relationship to the photograph and the theme of exploration and “adventure that feeds the soul:” ten percent (10%).
In the event of a tie between two (2) or more Entries, a random draw will be conducted to determine the winning Entry.
- Prizes: The Organizer will provide the Prize(s) to be awarded for a particular Contest. No substitution of a Prize will be made unless the Organizer, in its sole discretion, determines otherwise. A Prize must be accepted as awarded, and the odds of winning are dependent upon the total number of eligible Entries received for the Contest Period. If, as a result of an error relating to the Entry process, drawing or any other aspect of the Contest and there are more potential Winners of Prizes than contemplated in these Rules, then there will be a random draw amongst all eligible Prize claimants after the Contest Closing Date (as set out in the Contest Summary) to award the correct number of Prizes.
- To Redeem Prize: Except where prohibited, a Winner will be required to execute and return to the Organizer within ten (10) business days of the date notice or attempted notice is sent, an Eligibility, Declaration of Compliance with the Rules and Liability & Publicity Release Form (Declaration and Release Form) in order to claim the Prize. A Prize is personal to the Winner and is non-transferable. If a Winner cannot be contacted, or fails to execute and return the Release Form within the required time period (if applicable), or if the Prize is returned as undeliverable, the Winner forfeits the Prize. The acceptance of any Prize will constitute and signify the Winner’s agreement and consent that the Contest Facilitators may use the Winner’s name, photo, city, state, likeness, Entry and Prize information in connection with the Contest, worldwide, including on the internet, without limitation and without further payment or consideration, except where prohibited by law. Each Winner is responsible for all taxes and fees associated with receipt of the Prize.
- General Conditions: The Contest Facilitators have the right to verify the Contestant’s eligibility and compliance with these Rules, and to disqualify Contestants on the basis of its investigation.
Contestants may not enter with multiple e-mail and/or street addresses, nor use any other device or artifice to submit more than one (1) Entry. If a Contestant uses fraudulent Entry methods, or otherwise attempts to participate with multiple e-mail and/or street addresses under multiple identities, or use any device or artifice to enter more than one (1) Entry, Contestants will be disqualified. In the event of a dispute as to any Entry, the authorized account holder of the e-mail address used to enter will be deemed to be the person who made the Entry. For the purposes of these Rules, the authorized “account holder” is the natural person assigned an e-mail address by an internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address.
Nothing contained in these Rules will be construed to: (i) give any party the power to direct and control the day-to-day activities of the other; (ii) constitute the parties as partners, joint ventures, principal and agent, employer and employee, co-owners or entrants in a joint undertaking; or (iii) allow Contestants to create or assume any obligation on behalf of the Organizer.
Contest Facilitators reserve the right to cancel, modify or suspend the Contest at any time (subject to approval of any regulatory body having jurisdiction), if it is determined that the Contest cannot be run as originally planned or if fraud or any other occurrence comprises the fairness or integrity of the Contest.
- Liability Provisions: The Contest Facilitators are not responsible for human error, theft, destruction, or damage to Entries or other factors beyond its reasonable control.
Contestants assume all risks of damaged, lost, late, incomplete, invalid, incorrect or misdirected Entries. The Contest Facilitators make no warranty, representation or guarantee, express or implied, in connection with its ability to in any way enable, develop or market the idea set forth in a Contestant’s Entry.
The Contest Facilitators shall not be liable to a Winner or any other person for failure to supply the Prize or any part thereof, by reason of the Prize becoming for reasons beyond the reasonable control of the Contest Facilitators unavailable or impracticable to award, or for any force majeure event, technical or equipment failure, terrorist acts, labor dispute, or act/omission of any kind (whether legal or illegal), transportation interruption, civil disturbance, or any other cause similar or dissimilar beyond the Organizer’s control.
Contestants assume all liability for any claims or damages associated with the Contestant’s images including, but not limited to any trademark or copyright claims.
The Organizer, Administrator and their employees, officers, directors, agents, contractors, representatives, affiliates, divisions, subsidiaries, resellers, dealers, distributors, advertising/promotion agencies (the Released Parties) shall not assume any responsibility whatsoever for any of the following: delayed, failed, partial or garbled computer transmissions; technical failures of any kind, including, but not limited to, lost, interrupted or unavailable network, server, internet, or other connections; the availability, accessibility, technical failure or miscommunications of computer, satellite, telephone or cable transmissions; the incorrect or inaccurate capture or failure to capture information whether caused by Site or Contest Site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest; errors of any kind whether human, mechanical, electronic, network or otherwise arising out of or relating to the Contest; theft, loss, destruction or damage to an Entry in whole or in part; and other factors beyond their reasonable control. The Released Parties are not responsible for injury or damage to a Contestant’s or to any other person’s computer related to or resulting from participating in the Contest or downloading materials from or use of the Contest Site.
CAUTION: ANY ATTEMPT BY A CONTESTANT TO DELIBERATELY DAMAGE THE CONTEST SITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF APPLICABLE CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, THE ORGANIZER AND ADMINISTRATOR RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW AND TO DISQUALIFY A CONTESTANT FROM THE CONTEST.
LIMITATIONS OF LIABILITY AND RELEASE: BY SUBMITTING AN ENTRY, CONTESTANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE RELEASED AND HELD HARMLESS BY A CONTESTANT AND THEIR HEIRS, EXECUTORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS FOR ANY CLAIMS, LIABILITIES, OR CAUSES OF ACTION OF ANY KIND OR NATURE FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES TO PERSONS, INCLUDING, WITHOUT LIMITATION, DISABILITY OR DEATH, AND DAMAGE TO PROPERTY, DUE IN WHOLE OR IN PART, ARISING DIRECTLY OR INDIRECTLY, NOW OR IN THE FUTURE FROM THE DELIVERY, ACCEPTANCE, USE OR MISUSE OF THE PRIZE, ANY AND ALL USE AS PROVIDED HEREIN OF A CONTESTANT’S ENTRY, OR PARTICIPATION IN THIS CONTEST AND/OR ANY RELATED CONTEST. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE CONTEST 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, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SUCH LIMITATION OR EXCLUSION SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAW IN THE RELEVANT JURISDICTION.
16. Governing Law: The Contest is governed by and subject to the laws of New Mexico, and all disputes will be decided in accordance with the laws of New Mexico. Void where prohibited by law.