Picture it Downtown

PICTURE IT DOWNTOWN PHOTO CONTEST – www.pictureitdowntown.ca

THE CITY OF OTTAWA’S PICTURE IT DOWNTOWN PHOTO CONTEST (THE "CONTEST") IS INTENDED TO BE CONDUCTED IN CANADA AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE CANADIAN LAW. THE CONTEST IS OPEN TO LEGAL RESIDENTS OF CANADA ONLY. NO PURCHASE IS NECESSARY. PARTICIPANTS MUST BE OF THE AGE OF MAJORITY OR OLDER IN THEIR PROVINCE OR TERRITORY OF RESIDENCE AT THE TIME OF ENTRY. VOID IN WHOLE OR PART WHERE PROHIBITED BY LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE "CONTEST RULES").

1. 1. ELIGIBILITY. To be eligible for this Contest, an individual must:
   1. a. be a legal resident of Canada;
   2. b. be of the age of majority in his/her province or territory of residence or older at the time of entry;
   3. c. be the sole owner of all right, title and interest (including copyright) in and to the Photograph (as defined below); and
   4. d. read, agree with, and accept the terms and conditions of the terms and conditions of the Licence, Release and Waiver (described below).

Employees of The City of Ottawa, Thornley Fallis Communications, Henry’s Camera (collectively, the "Sponsors"), their respective affiliates, subsidiaries, related companies, advertising and promotional agencies, and the household members and/or the immediate family of any of the above, are not eligible to participate in the Contest. For the purpose of the Contest Rules, "immediate family" means husband, wife, spouse, mother, father, brother, sister, son and/or daughter, whether or not they reside in the same household. Sponsors shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to Sponsors for the purpose of this Contest must be truthful, complete, accurate and in no way misleading. Sponsors reserve the right to disqualify any entry or entrant in its and their sole discretion, should any entry or entrant at any stage contain and/or supply untruthful, incomplete, inaccurate or misleading personal details and/or information.

1. 2. CONTEST PERIOD. The Contest begins on October 15, 2009 at 0800 eastern and ends on November 19, 2009 at 1800 eastern (the "Contest Period"). Winning entries will be drawn on a daily and weekly basis. Nine winning entries will be drawn on the final day for the grand prizes.
2. 3. HOW TO ENTER. There is no purchase necessary to enter the Contest. To enter online, complete and submit the online image upload entry form located at www.pictureitdowntown.ca. Submission of the entry form together with the required Content (described below) and Licence, Release and Waiver (described below) constitutes an "Entry" in the Contest. No entries will be accepted by any other means. 
   1. a. Entrant must submit an amateur photograph of downtown Ottawa (activities include; dining, shopping, festivals, sporting and cultural events, etc.) (a "Photograph") along with a brief description of where the Photograph was taken (for example, Bank and First, Somerset Chinatown, Wellington Street, etc.) (the "Description”). The photo must be taken within the vicinity (including but not limited to inside the business, outside the business, on the sidewalk next to the business, and/or on the street next to the business) of one or more businesses in one of the eight (8) participating Business Improvement Areas (BIAs): Bank Street, ByWard Market, Downtown Rideau, the Glebe, Preston Street, Somerset Chinatown, Sparks Street and Wellington West.  For the purpose of the Contest Rules and the Licence, Release and Waiver, the Photograph and the Description shall be collectively referred to as the "Content".
   2. b. Photographs must be submitted via the online image upload form on the website listed above. Each Photograph must be in JPEG or GIF format with a 76 dpi minimum and at least 480 pixels with respect to the Photograph's width. 
   3. c. As a condition of entering the Contest, Entrant must read, agree with, and accept the terms and conditions of the License, Release and Waiver located online at www.pictureitdowntown.ca
   4. d. There is no limit to the amount of photographs entered into the Contest.  However, each photo can only be entered only once.  Entries received shall be deemed to be submitted by the authorized account holder of the e-mail address associated with the Entry. For the purpose of these Contest Rules, "authorized account holder" of an e-mail address is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Potential winner may be required to provide Sponsors with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning Entry.
   5. e. Sponsors reserve the right to refuse Content at their sole discretion. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled, mechanically or electronically reproduced, or deemed inappropriate by the Sponsors. No communication or correspondence will be exchanged with entrants except with those selected for a Prize.
   6. f. The judging panel (collectively, the "panel"), selected by the Sponsors, in their absolute discretion, shall randomly select winning entries. In order to be successful entries must be tasteful and the content applicable and reflective of the picture it downtown campaign.  Those entrants who have submitted Content selected by the panel will be awarded the specified Prize (described below). The decisions of the panel shall be final and binding, and may not be challenged in any way.

1. 4. PRIZES.
   1. a. There will be a minimum of forty nine (49) prizes awarded in total.  The breakdown is as follows:
      1. i) Daily Prize winners (“Daily Prize Winners”) will be selected on a daily basis for a total of thirty five (35) daily (“Daily Prizes”) prizes.  The Daily Prizes will be awarded to the entrants on a random basis.  Each Daily prize consists of one gift certificate with a minimum value of $50. 
      2. ii) Weekly Prize winners (“Weekly Prize Winners”) will be selected on a weekly basis for a total of five (5) weekly (“Weekly Prizes”) prizes.  The Weekly Prizes will be awarded to the entrants on a random basis. Each Weekly Prize consists of one or more gift certificates with a total minimum value of $250.
      3. iii) Nine (9) overall Grand Prizes ("Grand Prizes") will be awarded to the entrants on a random basis, as deemed by the panel. Grand Prize winners ("Grand Prize Winners") will be awarded a Grand Prize consisting of one or more gift certificates, or prize packages, with a minimum value of $500. One of those nine grand prizes will have a value of approximately $1000. 
   2. b. Each Prize winner will be contacted within 72 hours after each winning entry has been drawn.  The winner “(winner”) will be given a contact of a representative (“representative”) at one of eight (8) Ottawa Business Improvement Areas (BIAs) including Bank Street, ByWard Market, Downtown Rideau, the Glebe, Preston Street, Somerset Chinatown, Sparks Street and Wellington West, or a local merchant. The BIA representatives (and/or the local merchant/sponsor when applicable) will be notified of the winner’s name. The winner and the representative will coordinate the awarding and collection of the prize(s). Each Winner must have complied with the Contest Rules.
   3. c. Prizes must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of the Sponsors. Sponsors reserve the right, in its and their sole discretion, to substitute a prize of equal or greater value if the Prize cannot be awarded for any reason.

1. 5. WINNER SELECTION.

Each Winner shall be selected as follows:

1. a. Each entry shall be eligible to win only one prize. Before being declared a Winner, the selected potential winner shall be required to answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question during a pre-arranged telephone call, to comply with the Contest Rules and execute and return to the Sponsors the Release (described below).
2. b. EACH SELECTED POTENTIAL WINNER WILL BE NOTIFIED BY TELEPHONE OR E-MAIL WITHIN 72 HOURS AND MUST RESPOND WITHIN TWO (2) BUSINESS DAYS OF NOTIFICATION. Upon notification, the selected potential winner must respond by telephone to the contact number provided in the notification, and the selected potential winner's response must be received by Sponsors within two (2) business days of such notification. If the selected potential winner does not respond in accordance with the Contest Rules, he/she will be disqualified and will not receive a prize. Sponsors are not responsible for the failure for any reason whatsoever of a selected potential winner to receive notification or for Sponsors to receive a selected potential winner's response.

1. 6. RELEASE. Each winner will be required to execute a legal agreement and release ("Release") that confirms the Winner's: (i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the prize as offered; (iii) release of each of the Sponsors and their respective parent companies, subsidiaries, affiliates, employees, directors, officers, suppliers, agents, sponsors and administrators (collectively, the "Releasees") from any and all liability for any loss, harm, damages, cost or expense arising out of participation in this Contest, participation in any Contest-related activity or the acceptance, use, or misuse of any prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising there from; and (iv) grant to Sponsors of the unrestricted right, in the Sponsors' collective or individual discretion, to publish, reproduce, convert, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt and otherwise use and re-use the Content and Winner's full name and city of residence, in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof. The executed Release must be returned within two (2) business days of the verification as a Winner or the selected potential winner will be disqualified and the prize forfeited. The executed Release may be returned to the Sponsors by fax or by electronic or conventional mail.

1. 7. RIGHTS CLEARANCE. By providing Content to the Sponsors, each entrant shall retain all rights, title and interest (including copyright) in and to the Photograph, and shall grant to the Sponsors a worldwide, gratuitous irrevocable, and exclusive licence to copy, use, modify, reproduce, display, adapt and transmit his/her Photograph for use in all media now known or hereafter devised in connection with the Contest and the promotion and exploitation thereof for a period of ninety nine years beginning on the date of entry. The entrant hereby confirms that the Photograph is an original work, solely created by the entrant, and that no third party participated as a photographer, co-author or otherwise in the creation of the Photograph, or any part thereof. Sponsors assume no responsibility for any claims of infringement of rights to privacy and/or personality, and all such liability shall remain with the entrant. In addition, each entrant represents to Sponsors that the Photograph does not infringe any copyright interest of any third party and that the Photograph and/or the Description is not defamatory or obscene and does not violate any laws relating to hate speech or otherwise. Sponsors reserve the right to exclude any Photograph and/or Description on the basis of concerns relating to the rights of third parties, including but not limited to privacy, copyright, defamation, rights of personality, obscenity, hate speech, as determined by Sponsors in its and their sole discretion.

1. 8. INDEMNIFICATION BY ENTRANT. By entering the Contest, entrant releases and holds Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the entrant, Releasees or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any prize, participation in this Contest, any breach of these Contest Rules, or in any prize-related activity. The entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Contest, without limitation.

1. 9. LIMITATION OF LIABILITY. Sponsors assume no responsibility or liability for lost, late, misdirected or incomplete Entries, notifications, responses, replies or any Release, or for any computer, online, software, telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an Entry. Sponsors are not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the administration of the Contest. Sponsors assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. Sponsors are not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, e-mail, players, or browsers, on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing. Sponsors are not responsible for any injury or damage to entrant or to any computer related to or resulting from participating or downloading materials in this Contest. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession, use of, or failure to receive any prize. Sponsors assume no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond the control of the Sponsors, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Contest, the Contest Website, and/or City of Ottawa and the sponsors.

1. 10. CONDUCT. By entering this Contest, Entrant agrees to be bound by these Contest Rules, which will be posted on the Contest Website throughout the Contest Period. Entrant further agrees to be bound by the decisions of the Sponsors, which shall be final and binding in all respects. Sponsors reserve the right, in their sole discretion, to disqualify any entrant found to be: (a) violating the Contest Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Contest, the Contest Website, or any City of Ottawa website; (c) violating the terms of service, conditions or use and/or general rules or guidelines of any www.pictureitdowntown.ca  property or service; and/or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST WEBSITE OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION. Entrants must not at any stage of the Contest discuss with or take advice from any or all of the Sponsors on any matters relating to their participation in the Contest, including but not limited to their Content. Sponsors reserve the right to remove Content from the online Picture it Downtown Photo Contest showcase in its and their sole discretion.

1. 11. PRIVACY / USE OF PERSONAL INFORMATION. By participating in the Contest, entrant grants Sponsors the right to: (a) use his or her personal information for the purpose of administering the Contest; (b) use his or her name, photograph, likeness, voice and accompanying city of residence, prize information, biographical information and/or Content-related information contained in the image upload form for publicity and promotional purposes without further compensation unless prohibited by law; and (c) use his or her name and his or her respective city and province of residence in connection with the Contest Website, other related websites and/or in any media now known or hereafter devised. Personal information will not be provided to any third party other than as provided for in these Contest Rules. Sponsors and any third party agents of the Sponsors will use personal information only for purposes related to this Contest and will be required to protect all personal information in a manner that is consistent with the rules and regulations available at: Web page

1. 12. INTELLECTUAL PROPERTY. All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, logos, slogans and representations are owned by the Sponsors and/or their affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.

1. 13. TERMINATION. Sponsors reserve the right, in their sole discretion, to cancel, amend, modify or terminate all or any portion of this Contest at any time for any reason without prior notice.14. LAW. These are official Contest Rules. This Contest is subject to applicable federal, provincial and municipal laws and regulations. These Contest Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over the Sponsors. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules or the rights and obligations as between the entrant and the Sponsors in connection with the Contest shall be governed by and construed in accordance with the laws of the province of Ontario including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction's laws.