February 22nd, 2013
Official Rules: Aperture Magazine Instagram Competition
No purchase necessary. A purchase will not increase your chances of winning.
1. Eligibility: The Aperture magazine “My Aperture Mag” Subscription Giveaway Contest (the “Contest”) is only open to legal residents of the United States who are at least thirteen (13) years old. Employees of Aperture magazine, its parent, subsidiaries, or affiliates, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee, are not eligible to enter.
2. Sponsor: The Contest is sponsored by Aperture Foundation (the “Sponsor”), located at 547 West 27th Street, New York, N.Y. 10001. The Contest is in no way sponsored, endorsed, administered by, or associated with Instagram, Twitter, Facebook and/or any other social media website or platform on which it may appear. Any questions, comments, or complaints regarding the Contest should be directed to Sponsor.
3. Agreement to Official Rules: By entering the Contest, you indicate your full and unconditional agreement to, and acceptance of, (a) these Official Rules and (b) Sponsor’s decisions regarding the Contest, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. How to Enter: To enter: (1) Take a portrait (of yourself, a friend, or family member) while displaying a copy of the Spring 2013 issue of Aperture magazine (#210); (2) upload your picture through your Instagram or Twitter account using the hashtag #myaperturemag. Only submissions posted between 9:00 a.m. ET on Friday, February 22, 2013, and 6:00 p.m. ET on Thursday, May 3, 2013 (the “Entry Period”), will be eligible. Sponsor’s computer is the official time-keeping device for the Contest.
5. Content Requirements: Your Entry must not: (a) violate any third party rights, including, but not limited to, copyrights, trademark rights, or rights of privacy and publicity; (b) contain defamatory statements; (c) include threats to any person, place, business, or group; (d) be obscene or indecent; (e) depict any risky behavior, as determined by Sponsor in its sole discretion; (f) contain any third party trademarks or logos; and (g) have been entered in any other contest or have been published or distributed in any other media. Sponsor reserves the right to refuse to post any Entry for any reason.
6. Entrant’s Warranties and Representations: By submitting an Entry, you warrant and represent that: (a) the Entry is an original work created solely by you for entry in the Contest; (b) you own all rights to the Entry; (c) to the extent the Entry depicts any individual or features the voice of any individual, you are the individual pictured and heard in the submission, or, alternatively, that you have obtained written permission from each person appearing in the Entry to grant the rights to Sponsor described in the “Sponsor’s Rights to Entries” section below, and can make written copies of such permissions available to Sponsor upon request; and (d) the Entry complies with all requirements of these Official Rules.
7. Sponsor’s Rights to Entries: By participating, you: (a) irrevocably grant Sponsor, its agents, licensees, and assigns the unconditional and perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Entry as-is or as-edited (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party; (b) forever waive any rights of copyrights, trademark rights, privacy rights, and any other legal or moral rights that may preclude Sponsor’s use of your Entry, or require any further permission for Sponsor to use the Entry; and (c) agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor on the grounds that any use of the Entry, or any derivative works, infringes any of your rights as creator of the Entry, including, without limitation, copyrights, trademark rights, and moral rights.
8. Selection of Potential Winners: After the Entry Period, the Sponsor will evaluate all Entries and select three (3) potential winners based on the following Judging Criteria: originality and creativity. If the Sponsor suspects any fraud, tampering, or any activity that the Sponsor believes may impair the integrity of the entry process, the Sponsor may, in its sole discretion, select an additional potential winner.
9. Notification and Requirements of Potential Winners: Sponsor will attempt to notify the potential winner within one (1) business day of the date of selection. Except where prohibited, a potential winner may be required to complete and return an affidavit of eligibility, a liability/publicity release, and a release in which he/she irrevocably assigns and transfers to Sponsor any and all usage rights, title, and interest in Entry, including, without limitation, all copyrights and trademark rights, and waives all moral rights in the Entry. If a potential winner is a minor, his/her parent or legal guardian will be required to sign the documents on his/her behalf. If a potential winner fails to sign and return these documents within the required time period, an alternate potential winner may be selected in his/her place according to the Judging Criteria. Only three (3) alternate potential winners may be contacted.
10. Prize: One (1) winner will be selected. The winner will receive a one-year subscription to Aperture magazine, and $125.00 in credit to the Aperture bookstore. The approximate retail value of the prize is $200.00. In the case that the winner is a current Aperture magazine subscriber, the current subscription will be extended one year. A winner is responsible for paying any applicable income taxes and any and all other costs and expenses not listed above. Any prize details not specified above will be determined by Sponsor in its sole discretion. A prize may not be transferred and must be accepted as awarded. You may not request cash or a substitute prize; however, Sponsor reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason, as determined by Sponsor in its sole discretion.
11. General Conditions: In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, Sponsor may, in its sole discretion, either: (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize(s) according to the Judging Criteria from among the eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor by mail shall not be deemed proof of receipt of that communication by Sponsor. In the event of a dispute as to any online entry, the authorized account holder of the email address, Twitter Handle, or other user name used to enter will be deemed to be the participant. The Contest is subject to federal, state, and local laws and regulations and is void where prohibited.
12. Release and Limitations of Liability: By participating in the Contest, you agree to release and hold harmless Sponsor, Instagram, Twitter, Facebook, and/or any other social media website or platform on which the Contest may appear, their respective parent, subsidiaries, affiliates, and each of their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Contest or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use of any prize. You further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
14. Disputes: Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of New York, without giving effect to any choice of law or conflict of law rules (whether of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than New York.
15. Results: To request a winners list, send a self-addressed, stamped envelope to Aperture Foundation Social Media Department, 547 West 27th Street, 4th floor, New York, N.Y. 10001.