Discovery Channel-ExpressNightOut.com Shark Week Photo Contest Official Rules
July 12, 2010
Internet access and/or a Twitter account required for entry.
Twitter is not a sponsor of this promotion.
How to Enter
To enter the contest, entrants should submit an original photo of the Shark Week shark at Discovery Communications World Headquarters (One Discovery Place, Silver Spring, MD 20910) and a creative caption from their personal Twitter account to @Discovery and must be followers of @Discovery or by email to Shark_Week@discovery.com, by 11:59 PM ET on July 26, 2010.
Entrants should comply with any requirements of their surroundings that relate to taking photos. Entrants should not in any way be disruptive to any establishment or fellow community members when taking photos, and should respect the privacy of others. The five finalists' photos, as judged by photo quality and creativity of caption, will be published in Express and on ExpressNightOut.com on Friday, July 30, 2010. The winning photo will be published in Express on Friday, August 6, 2010. Size, position, and design of ad will not be guaranteed.
No purchase necessary. This contest is sponsored by WP Company LLC d/b/a Express and Discovery Channel ("Sponsors"). Anyone in the United States is eligible to submit photos of his or her photograph, but the four runner ups and one winner selected must be residents of the District of Columbia, Maryland or Virginia. Contestants must be 18 years of age or older to enter. Employees, officers, directors and representatives of Sponsors and their affiliates, and those with whom they are domiciled are not eligible. Void outside of the District of Columbia, Virginia and Maryland and where prohibited by law. Contest subject to all federal, state and local laws.
Photographs of the confirmed finalists, as judged by photo quality and creativity of caption, will appear online at www.expressnightout.com/sharkweek on Friday, July 30, 2010. Readers and the public will have from 12:01 AM ET on July 30, 2010 through 11:59 PM ET on Wednesday, August 4, 2010 to vote online for a finalist they feel should win the contest. Subject to the other terms of these rules, the one winner and runner up winners will be will be determined by highest number of votes cast by the public via online voting. To be eligible, a vote must identify only one (1) finalist. Limit one (1) vote per person. Sponsors reserve the right to disqualify all votes in excess of these limits and/or which do not comply with these Official Rules. The use of computer-generated programs or other means to submit multiple votes is prohibited and such votes will be disqualified as determined by Sponsors in their sole discretion. Any voter who violates these rules will have their vote(s) disqualified. In the event of a tie or any problems in the public voting, Sponsors will break the tie or determine the winners based on the initial judging results used to determine the winners, or using other criteria as deemed appropriate by Sponsors in their sole discretion. The winner - as voted by ExpressNightOut.com readers and to be announced on August 6, 2010 - will receive their photo in Express on August 6, 2010. Size and position of ad in Express not guaranteed. Odds of winning, and of being selected as a finalist or winner, depend on the number of entries.
Limitations of Liability and General Conditions
By participating in this Contest, entrants agree to be bound by these Official Rules and the decisions of the judges, which are final and binding in all respects. By entering, each entrant agrees to release, discharge, indemnify, and hold harmless Sponsors and each of their parent companies, affiliates, subsidiaries and each of their respective employees, officers, shareholders, directors, representatives and agents (collectively, "Releasees") from and against any claims, damages or liability involving or arising out of (i) late, lost, delayed, misdirected, incomplete, unreadable, inaccurate, garbled or unintelligible entries; (ii) telephone system, technical or computer malfunctions, lost connections, disconnections, transmission or other errors of any kind rewhether mechanical, human, electronic or otherwise; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused, in whole or in part, directly or indirectly, by the prize or resulting from acceptance, possession or use or misuse of any prize or from participating in the Contest or any Contest related activity; or (v) any printing, distribution, typographical, administrative, human or technological errors involving or associated with the Contest. Sponsors disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Contest. Entrants must have all necessary rights in their entries. Entries that are late, incomplete, unreadable, inaccurate, false, unintelligible or otherwise not in compliance with these Official Rules will be disqualified. Sponsors are not responsible for lost, late, destroyed or misdirected entries. Sponsors shall have no liability for any finalist or winner notification that is lost, intercepted or not received for any reason. In Sponsors' sole discretion, a selected potential semi-finalist, finalist or winner may be disqualified and required to forfeit the opportunity to participate further in the Contest, and an alternate potential finalist or winner may be selected in accordance with these Official Rules from among the remaining eligible entries for any reason, including without limitation if a selected potential finalist or winner (i) is unreachable or notification is returned as undeliverable; (ii) declines or cannot accept the opportunity to participate further in the Contest for any reason; or (iii) fails to comply with these Official Rules. All costs and expenses are not included and are the winners' responsibilities unless indicated herein as being awarded. No transfer, substitution or cash equivalent of any prize element permitted. Elements of the prize may not be exchanged. Sponsors and/or prize providers may substitute a prize (or a portion of a prize) with one of equal or greater retail value if a prize (or a portion of a prize) is unavailable or cannot be awarded for any reason. Winners will be responsible for reporting and payment of all applicable federal, state and local taxes associated with claiming these prizes. Please consult your tax advisor regarding the tax implications of winning. Sponsors reserve the right, in their sole discretion, to modify, cancel or suspend this Contest (or any portion of the Contest) should any virus, bug, computer problem or other cause or problem corrupt or inhibit the administration, security or proper operation of the Contest and, in such situation (or in the event of any type of error), to select the winners from eligible entries received prior to the action taken or in such manner as deemed fair and appropriate by Sponsors. In no event will Sponsors be liable for more than the stated number of prizes in these Official Rules. Sponsors may prohibit entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair practices or intending to annoy, abuse, threaten or harass any other entrant or Sponsors' representatives. Releasees have not made and/or are not responsible for any misrepresentation or guaranty, express or implied, in fact or in law, relative to the prizes. By entering, each Entrant agrees that Sponsors may use his or her entry (e.g., name, photo, and related information) in any and all media throughout the universe and in perpetuity for any purpose as determined by Sponsors, including promotional purposes without additional compensation. By accepting a prize, each winner agrees and acknowledges that Sponsors may use winner's name, voice, biographical data, likeness and city name in any and all media throughout the universe and in perpetuity for any purpose as determined by Sponsors, including promotional purposes without additional compensation, except where prohibited by law. Sponsors: WP Company LLC, 1150 15th Street NW, Washington, DC 20071 and Discovery Channel, One Discovery Place, Silver Spring, MD 20910. Finalists and winner may be required to sign an affidavit of eligibility and/or publicity/liability release. Failure to do so may result in forfeiture of prizes. If a prize is forfeited or a finalist/winner is disqualified, then (in Sponsors' sole discretion) the next-best entry under the criteria set forth above may be selected to receive the forfeited prize subject to these Official Rules. Forfeited prizes may not be awarded. By entering the Contest, entrants agree that: (1) 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; (2) 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 (3) 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.
For the names of each winner, after September 10, 2010, or a copy of these Official Rules, send a self-addressed stamped envelope to: The Washington Post, Consumer Promotion, 1150 15th Street, NW, Washington, DC 20071. Please specify "Winner List" or "Official Rules." Requests must be received by October 15, 2010.
Twitter, Inc. is not a sponsor of this Sweepstakes. Any third party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third party trademarks in these Official Rules or in the Sweepstakes is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Sweepstakes.