Travel Cards - Contest Rules / "Terms of Contest"
1. Acceptance of Terms
World Travel Cards, LLC ("WTC") welcomes you to our travel card photo contest. WTC provides its contest and service to you subject to the following Terms of Contest ("TOC"), which may be updated by us from time to time without notification to you. You can review the most current version of our TOC at any time at: http://www.travelcardphotos.com/toc.htm.
2. Description of Contest & Entry Method
WTC is seeking photos of all the world's major and minor tourist attractions. We are looking for Monuments, Museums, Famous Cemeteries, Churches, Temples, Mosques, Buildings, Parks, Libraries, Theatres, Sports Venues, Airports, Famous Beaches and other venues of Historical, Cultural or Entertainment Value. Exterior photos of major office buildings, Famous Restaurants, Nightclubs and Bars may also be considered. While there is no limit on the number of photos that a contestant may submit, all photos submitted must be each contestants own work and not violate the rights and copyrights of other persons. By submitting photos to WTC, contestant warrants and represents that all of the submitted photos do not infringe any third-party intellectual property rights in and to said photos. Use of any automated system (other than that included on the travelcardphotos.com website) to submit entries is prohibited and will result in disqualification. Each photo submitted must be identified by city name and site name. All contestants further agree that they will abide by the regular TOS for worldtravelcards.com whose terms of service may be found at http://www.worldtravelcards.com/tos.htm. WTC is running the contest for the time period of July 1st 2007 through December 31st 2007. Entrant must be at least 18 years of age at time of entry submission. All submissions shall be made electronically through the upload form on the following website: http://www.travelcardphotos.com/upload.aspx.
3. Description of PRIZES offered.
WTC is running the contest for the time period of July 1st 2007 through December 31st 2007. During this time, there will be Monthly First Second and Third Place prizes awarded as well as a Grand Prize for 2007s "Best Travel Card Photo." The First Place Award each month is a Cash Prize of $200 US plus a three month full-access membership in Worldtravelcards.com (official launch is anticipated as September 1st 2007). The Second Place Award each month is a Cash Prize of $50 US plus a three month full-access membership in Worldtravelcards.com. The Third Place Award each month is a one-month full-access membership in Worldtravelcards.com. The judges must award a minimum of 100 third place awards each month and have the discretion to award more for submissions they consider to be deserving of the membership. Additionally, a random picture selected from the photos submitted during that month will be selected to receive a $50 prize. The Grand Prize for the best photo submitted during the period of July1st 2007 through December 31st 2007 EST will be awarded a trip to Daytona Beach, FL including airfare from within the Contiguous 48 States and a six night / seven day stay at a hotel on Daytona Beach, FL.
4. Judging Process
WTC's internal judging panel will select the Top 50 photos received each month and will post them on the website www.travelcardphotos.com/vote.aspx for the first 7 days of the following month. During this 7 day period each person who has an account may vote for their favorite photo in the top 50. Each account holder is limited to 1 vote. At the end of the 7 days, the 2 photos that have received the most votes will be awarded the First and Second place prizes for the preceding month. The top 2 photos from each month (July 2007 through December 2007) plus the next 36 highest rated photos from the contest period will then be entered into the Final 50 for 2007. Voting for the Final 50 will be from January 9th 2008 through January 18th 2008). The Photo that receives the most votes during this period will be awarded the "Best Travel Card Photo of 2007" Grand Prize trip to Daytona Beach, Florida.
5. Description of World Travel Cards Service
WTC provides users with access to a rich collection of travel related resources including, without limitation, communications tools, bulletin boards, blogs, shopping services, personalized content and branded programming which may be accessed through various medium or devices now known or hereinafter developed (the "Service"). You also understand and agree that the Service may include advertisements which are necessary for WTC to provide the Service. You also understand and agree that as part of the Service, WTC may include certain communications such as administrative messages and service announcements and that these communications are considered part of the WTC membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that enhance or supplement the current Service shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that WTC assumes no responsibility for the timeliness, deletion, or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet Service Provider or airtime charges). You are responsible for those fees, including fees associated with the display or delivery of advertisements. Additionally, you must provide and are responsible for all equipment necessary to access the service.
6. YOUR REGISTRATION OBLIGATIONS
In consideration of your entry in the Contest and as a potential member who may win the right to use of the Service for a limited period of time, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form ("Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, outdated or incomplete, or WTC has reasonable grounds to suspect that such information is untrue, inaccurate, outdated or incomplete, WTC has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) in its sole discretion without notice to you.
7. WTC PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://worldtravelcards.com/privacy.htm. You understand that through your use of the Service you consent to the collection and use of this information (as set forth in the Privacy Policy), including the transfer of this information to the United States and/or other countries for storage, processing and use by WTC and its affiliates.
8. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Contestant registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify WTC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. WTC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section and WTC limits the number of computers through which you can access your account in a 24 hours period. You hereby agree to defend, indemnify and hold WTC harmless from and against any and all claims, loss, damages, costs, and expenses, including attorney's fees, arising at any time from or related to your failure to comply with this Section.
9. ENTRANT CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not WTC, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Contest. Under no circumstances will WTC be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Contest to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a WTC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Contest;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. interfere with or disrupt the Service or servers or networks connected to the Contest, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
j. intentionally or unintentionally violate any applicable local, state, national or international law;
You acknowledge that WTC may or may not pre-screen Content, but that WTC and its designees shall have the absolute right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, WTC and its designees shall have the right to remove any Content that violates the TOC or is otherwise objectionable.
You acknowledge, consent and agree that WTC may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOC; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of WTC, its users and the public.
10. SPECIAL NOTICE FOR INTERNATIONAL USERS
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
11. CONTENT SUBMITTED TO CONTEST
WTC does not claim ownership of Content you submit or make available for inclusion for the contest. However, with respect to Content you submit or make available for inclusion in the Contest, you grant WTC the worldwide, royalty-free, transferable, irrevocable, perpetual, and non-exclusive license(s) (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display any and all photos, graphics, audio or video you submit or make available for inclusion in the Contest (in whole or in part) and to incorporate such Content into other works throughout the world, in perpetuity, and in all languages and in all media and forms of expression and communication now known or later devised, including without limitation, by free, pay, cable, satellite, digital transmission and all other television and also through videocassette, laser disc, DVD, CD-ROM, interactive media, diskettes, magnetic media, electronic media, and virtual reality.
12. INDEMNITY
You agree to indemnify and hold WTC and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees (through all levels of proceedings), made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOC, or your violation of any rights of another.
13. NO RESALE OF CONTENT
Excluding your own works for which you retain rights, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Content.
14. MODIFICATIONS TO CONTEST
WTC reserves the right at any time and from time to time to modify or discontinue, the Contest (or any part thereof) with or without notice. You agree that WTC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Contest.
15. TERMINATION
You agree that WTC may, under certain circumstances and without prior notice, immediately terminate your WTC account, and access to the Contest. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOC or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Service (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, and (f) engagement by you in fraudulent or illegal activities. Further, you agree that all terminations for cause shall be made in WTC's sole discretion and that WTC shall not be liable to you or any third party for any termination of your account, or access to the Service.
16. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that WTC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
17. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because WTC has no control over such sites and resources, you acknowledge and agree that WTC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that WTC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
18. WTC'S PROPRIETARY RIGHTS
You acknowledge and agree that the Contest and any necessary software used in connection with the Contest ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Contest or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by WTC or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
WTC grants you a personal, non-transferable and non-exclusive right and license (without the right to sublicense) to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by WTC for use in accessing the Service.
Unless otherwise noted, all text, images, illustrations, designs, icons, photographs, video clips, and other materials that are part of the Service are copyrighted works, trademarks, trade dress, or other intellectual properties owned, controlled, or licensed by WTC. The Service as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by WTC.
19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR ENTRANCE INTO THE CONTEST IS AT YOUR SOLE RISK. THE CONTEST IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WTC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. WTC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE CONTEST WILL MEET YOUR REQUIREMENTS; (ii) THE CONTEST WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CONTEST IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WTC OR THROUGH OR FROM THE CONTEST SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOC.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE ON THE WEBSITE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WTC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WTC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE CONTEST.
21. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
22. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOC, there shall be no third-party beneficiaries to this agreement.
23. NOTICE
WTC may provide you with notices, including those regarding changes to the TOC, by email, regular mail or postings on the Service.
24. TRADEMARK INFORMATION
The WTC logo, trademarks and service marks and other WTC logos and product and service names are trademarks of World Travel Cards, LLC. (the "WTC Marks"). Without WTC's prior permission, you agree not to display or use in any manner the WTC Marks.
25. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
WTC respects the intellectual property of others, and we ask our contest entrants/users to do the same. WTC may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide WTC's Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
WTC's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Copyright Agent
c/o World Travel Cards, LLC
226 North Nova Road # 311
Ormond Beach, FL 32174
By phone: (386) 675-4172
By fax: (203) 547-6204
By email: copyright@worldtravelcards.com
26. GENERAL INFORMATION
Choice of Law and Forum. The TOC and the relationship between you and WTC shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and WTC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Volusia, Florida.
Waiver and Severability of Terms. The failure of WTC to exercise or enforce any right or provision of the TOC shall not constitute a waiver of such right or provision. If any provision of the TOC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOC remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your entries into the Contest are non-transferable and any rights to prizes terminate upon your death.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOC must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOC are for convenience only and have no legal or contractual effect.
27. VIOLATIONS
Please report any violations of the TOC to our Member Care group.
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