My Balboa Park Wedding Contest
TERMS AND CONDITIONS
You will be required to check a box on the submission screen on your entry to reflect that you have fully read and understand the Terms and Conditions outlined here.
The "My Balboa Park Wedding” fundraising contest (“Contest”) is sponsored by the Balboa Park Cultural Partnership and their sponsors and supporters, collectively referred to as “Sponsors.”
Eligibility
- The Contest is open to all individuals age 18 or older, on February 12, 2015, who are legal residents of the 50 United States or the District of Columbia.
- To qualify for the contest, uploaded photographs must have been taken within Balboa Park in San Diego. By submitting photographs, Entrant or Third Party certifies that the photos were taken in Balboa Park, San Diego for the purposes of memorializing an engagement, wedding, wedding receptions or anniversary of two people (hereafter known as the Primary and Secondary Entrant).
- Entries can be submitted by teams, a business or a person (“Third Party”) who is not one of the people shown in the photo presuming that Third Party has full rights to release the photo for any and all media and purpose and is able to meet and agree to all the other terms and conditions in this document. During the entry process, the Third Party must accurately identify the first and last name of the people shown in the photo, and identify one of those people as the Primary Entrant.
- If an entry submitted by a Third Party is selected as a winner, then the Primary Entrant will be deemed the winner. A Third Party is NOT considered an Entrant and cannot win the Contest, unless the Primary Entrant and Secondary Entrant are deceased, wherein the prize will be awarded to the Third Party as long as they can prove full rights to submit the photo.
- Any and all recognition associated with this contest will include the names of the Primary and Secondary Entrant, not the Third Party, even if the prize is awarded to the Third Party.
- Employees, officers, contractors, volunteers and directors of the Balboa Park Cultural Partnership, and their immediate family members (spouse and parents, siblings and children and their respective spouses, regardless of where they reside) and persons living in the same household of such persons, whether or not related, are not eligible to participate in the Contest. The Contest is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.
- Primary Entrant and Third Party agree that they hold MODEL RELEASES for anyone represented in the photograph and that they have rights to upload the photograph and assign rights for use as required by these Terms and Conditions.
- All details marked as required by the entry submission website must be completed and active for an entry to be valid.
- In submission of entry fees, Primary Entrant or Third Party will have processed a non-refundable donation to Balboa Park Cultural Partnership.
How to Enter
- A submission is ONLY considered an approved entry in the Contest once it has been approved by Sponsors and loaded by the Sponsors or its vendor to the My Balboa Park Wedding Site.
- To submit an approved entry, Primary Entrant or Third Party must upload a photograph showing an engagement, wedding, wedding reception or anniversary being memorialized in Balboa Park by photograph, accurately identify the Primary and Secondary Entrant and write a short story to accompany the photograph.
- Once the photograph and story are submitted, it will be forwarded for moderation automatically. Photographs and/or stories may be rejected at the sole discretion of the representative of the Sponsors ("Moderator") for any reason, which may include but is not limited to the use of inappropriate or unacceptable language, behavior, non-verbal communications, text, graphic signs or not meeting any of these Terms and Conditions. There is no commitment by the Moderator or Sponsors to communicate with the Primary or Secondary Entrant or Third Party. There will be no correspondence entered into, either in written, verbal or electronic form between the Moderator, Sponsors, Primary or Secondary Entrant or Third Party, except at the discretion of the Sponsors. Once the entry is approved, it will be released for public view.
- If an Entrant or Third Party submission is not approved, the Entrant or Third Party may submit a different photograph and/or story into the contest by providing a separate non-refundable donation.
Votes/Chances to win/Entries in the contest
- Each approved entry will be considered to have one vote once approved.
- Entrants and Third Parties can submit more than one photograph; provided, however that each photograph entry submitted will be counted as ONE entry in the competition. Therefore, if an Entrant or Third Party submits more than one photograph, or if more than one Entrant or Third Party submits the same photograph, then the total votes of each photograph will be counted separately.
- Additional votes may be processed by Entrant, Third Party or anyone else by an online donation. For every online donation of $1, ONE vote will be added to the total number of votes recorded for each entry. Multiple votes may be made at one time for multiple Entrants. Votes incorrectly placed cannot be reallocated or refunded.
- For example – if your entry is approved and you do not have anyone else donate to vote for your entry, you will have one vote in the competition. If 99 other people donate to vote $1 for your entry, you will receive a total of 100 votes for the contest.
- Please note that the contest will rely completely on the tracking of donations issued towards specific entries as counted by our vendor site. The Sponsors and their agents are not responsible for any errors, loss of data, incorrect recording or any other failure to accurately tally votes.
Duration of competition
- "My Balboa Park Wedding" contest starts at 4:00 a.m. PT on February 12, 2015 and runs until 5:00 p.m. PT on May 25, 2015.
- Entries and votes will be accepted online through 5:00 p.m. PT on May 25, 2015.
Media release
- By accepting the terms and conditions and submitting an entry for the contest, the Primary Entrant or Third Party states they have the full rights to upload the photograph and story to a website and that they hold model releases where required for any person who is visible in the photograph. The Sponsors and their respective designees shall have the right to use, edit, print, adapt, post, stream, copy and exploit such photographs and stories and all elements embodied therein, including any names and likenesses embodied therein, in any and all media now known or hereafter devised throughout the world, in perpetuity, for commercial, advertising, promotional, trade & other purposes without compensation to or permission from Primary and/or Secondary Entrant or Third Parties.
Winner Notification
- Winners will be notified by email ONLY within two (2) weeks, from the contest end date, and may be required to complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law) and any other documents required by the Sponsors, which must be returned within five (5) days of date appearing on prize notification. Return of the email as undeliverable, failure to return and sign requested documentation within the specified time period, the inability of the Sponsors to contact a potential winner within a reasonable time period or noncompliance with these Terms and Conditions by any potential winner will result in disqualification and, at the Sponsors sole discretion, that or any other prize may be allocated to the next highest vote count.
Prizes
- Grand Prize: For the entry that receives the highest number of votes, the Entrant will win anniversary Jewelry valued at $10,000 by Charles Koll Jewelers.
- Top Ten: The entries that receive the top ten highest number of votes, including the Grand Prize Winner, will receive the Romance Rekindled Weekend Package for a specific weekend in the Fall, which is selected at the sole discretion of the Sponsors, including return airfares from an airport serviced by Southwest to San Diego to arrive on Saturday and depart Sunday, accommodation for one night for two people for that same weekend and a total of two tickets to the Romance Rekindled Event at Balboa Park. For Entrants in the Top Ten who are unable to attend San Diego on the specified weekend, then the prize will be a voucher for two return tickets for domestic travel on Southwest Airlines. The value of this prize is undetermined due to the variable pricing for a domestic return ticket for two.
- Top 100: For the entries that receive the top 100 highest number of votes, including the Top Ten, they will receive a total of two tickets to the Romance Rekindled Event on a specified Sunday, with that date to be selected at the sole discretion of the Sponsors. During this event, the top 100 couples will be honored. For entrants in the top 100 who are unable to attend San Diego on the specified weekend, then the prize will be the honoring of the couples at the Romance Rekindled event. The exact value of this prize in yet to be determined however has been estimated at $100.
- For any entry in the contest who receives more than 500 votes, the Entrant will receive an Annual Explorer Family Pass. The value of a Family Explorer is $199.
- If a tie occurs among the top vote-receiving entries, or for the second highest vote-receiving entries or for the 100th vote-receiving entries, the winner/s will be decided by a random drawing for just those entries that are tied.
- Prizes are awarded “as is” with no warranty or guarantee, either express or implied by the Sponsor. No cash, transfer or other substitutions may be made, except by the Sponsor, who reserves the right in their sole discretion to substitute a prize with another prize of comparable or greater value. Winners are solely responsible for any and all federal, state and local taxes as well as any costs and expenses associated with prize receipt and use not specified herein as being provided. All prize details are at the Sponsor's sole discretion.
Grant of Rights - Indemnification
- Entrant and Third Party License: By entering this contest, I voluntarily and irrevocably grant in perpetuity to the Sponsors and its assigns any and all interest that I have in the Entry including, but not limited to, any ownership interest, right to use, reproduce, publicly or privately perform, display, broadcast, transmit, revise, modify, and/or edit the Entry (including all elements embodied therein), in whole or in part, digitally or otherwise in all media and formats that are known or hereafter devised. I understand and agree that the Sponsor and its assigns may use the Entry for any purpose including, but not limited to, internal or external publications, posters, website, or other media, advertising, or other purposes. I waive any right to inspect the use of the Entry in any manner including, but not limited to, the right to approve any finished product, advertising or other copy that may be used in connection therewith or the use to which it may be applied.
- I expressly agree to indemnify the Sponsors and its assigns, if any, from and against any and all loss, damage, costs, charges, legal fees, recoveries, judgments, amounts paid in settlement, penalties, and expenses that may be obtained against, imposed on, or suffered by the Sponsor and its assigns by reason of: (1) any violation or infringement of any proprietary right or copyright related in any way to the Entry; (2) any libelous or unlawful matter contained in the Entry; or (3) any invasion of privacy or trespass related to the Entry from any use that may be made of the Entry by the Sponsor and/or their assigns.
- By submitting a photograph and story, Primary Entrant and Third Party agree that the Sponsor shall own the Entry submitted (including all rights embodied therein) and that it and its assigns/designees may exploit, edit, modify, and distribute the Entry and all elements of such Entry, including, without limitation, the names and likenesses of any persons or locations embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission or notification to entrant or any third party.
Liability
- Released Parties (as defined below) are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of entries, the announcement of the prizes, or in any Contest-related materials.
- Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by the Sponsors, will be disqualified and all associated entries will be void. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
- If for any reason the Contest is not held as planned for any reason, including without limitation, incidents of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or other factors that corrupt or affect the administration, fairness, security, integrity, or proper conduct of this Contest, the Sponsors reserve the right to suspend or cancel the Contest. In the event of termination, the Sponsors may, at their discretion, determine the winners for each category from among all non-suspect, eligible entries received up to time of such action using the judging procedure set forth above.
- By participating in the Contest, entrants agree to be bound by these Terms and Conditions and the decisions of the Moderators and Sponsors, and waive any right to claim ambiguity in the Contest or these Terms and Conditions. Entrants also agree to release, discharge, indemnify and hold harmless the Sponsors, and their respective parents, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, legal advisors and all prize providers, and the officers, directors, trustees, employees and agents of each (collectively, “Released Parties”), from and against any claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in the Contest or any Contest-related activity, including any claims relating to use misappropriation or disclosure of any materials submitted by such winner or entrant. Decisions of the Sponsors and moderators are final in all matters relating to the Contest.
Disputes
- Except where prohibited, entrant agrees that: any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, exclusively in the federal or state courts located in the County of San Diego, State of California, and the entrant consents to the exercise of personal jurisdiction over them by any such courts for purposes of any such action or proceeding.
- Entrants and Third Parties will not be permitted to obtain awards for, and hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Entrants and Third Parties further agree that any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, and in no event will entrants be able to receive attorneys’ fees or other legal costs.
- All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligation of the Entrant, Third Parties and the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of California. Any action brought relating to this Contest shall be adjudicated in a court of competent jurisdiction in the County of San Diego.
Winners List
- A list of winners (available on or after May 30, 2015) may be obtained by viewing the winner’s page at mybalboaparkwedding.com sending an email request to: WINNERS@bpcp.org or by sending a self-addressed stamped envelope to the “My Balboa Park Wedding” Contest, Balboa Park Cultural Partnership, 1549 El Prado, Suite 1, San Diego CA 92101.