Show & Tell Photo Contest Rules & DisclosuresKristin Rutten

Matilda Jo Originals’ monthly Show & Tell Photo Contest provides a chance for one entrant per month to win a prize by obtaining the highest number of votes on their photo submission in accordance with the stated terms, conditions and privacy policy. No purchase is necessary to participate.

This is not a sweepstakes or a lottery; the winning photo is based solely on receiving the highest number of votes by the time the contest closes. The contest begins each month at 12:01 am on the first day of the month and ends at 11:59 pm on the last day of the same month. The prize for each month’s contest is described on that month’s contest entry page at MatildaJo.com. The winner will be contacted by email and announced on the contest entry page within 48 hours of the close of that month’s contest and the prize will be delivered within 14 days of receipt of the winner’s delivery address (email or mailing address, depending upon the prize).

This contest is open to legal residents of the USA, excluding Rhode Island. You must be at least 18 years old at the time of entry to participate. Void where prohibited or restricted by law.

Matilda Jo Originals will never SELL nor DISCLOSE your information to third parties.

Participation in our Show & Tell Photo Contest implies acceptance of the following RULES, TERMS & CONDITIONS:

The terms and conditions set forth below (the “terms”) govern you and your relationship with us while on this site on the World Wide Web (the “site”) and in connection with your use of this site, and are legally binding on you.  If you do not agree with any of the terms, please do not access or otherwise use this site or any information contained on this site. Your registration and/or your use of the site shall be deemed to be conclusive evidence that you have read these terms, understand them, and agree to each and every one of them.  All references herein to “you”, “your” or the like shall be deemed to mean the person visiting or using this site and/or the person registering to use this site, to submit photos or other information, or to obtain products or services from this site.

RULES OF CONDUCT

The following Rules of Conduct apply to MatildaJo.com herein referred to as “site”. By using Matilda Jo Original’s site, you agree that you will not post, upload, use or share (through our e-mail function and other features offered as part of the site) any Personal Content that:

1. (a) Is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
2. Is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
3. Infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;<
4. Is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
5. Contains a virus or other harmful component, or otherwise tampers with, impairs or damages Matilda Jo Original’s site or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of Matilda Jo Original’s site; or
6. (a) Does not generally pertain to the topic or theme of Matilda Jo Original’s site; (b) violates any specific restrictions applicable to Matilda Jo Original’s site, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.

We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

You must comply with our Community Standards, the rules governing user behavior on our Site. You must treat others with respect and not make any offensive comments that are connected to race, religion, social class, ethnicity, national origin, perceived or actual sexual orientation, gender identity, gender expression, or disability, or use profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language. Abuse of the Site features, such as spamming, the use of malware, or misusing message boards will not be tolerated, and Matilda Jo Originals may take measures as it deems appropriate to prevent or stop inappropriate activity, including removal of website privileges or legal action.

If you see anything inappropriate on the Site, or if anyone sends you a message that makes you uncomfortable, please e-mail us immediately at tillie@matildajo.com.

All user-submitted content is subject to monitoring, review, alteration, removal, or blocking by Matilda Jo Originals at any time. Matilda Jo Originals is under no obligation to do so, however, and assumes no responsibility or liability arising from the content of the site. User-submitted content does not necessarily reflect the views of Matilda Jo Originals.

By submitting user content to Matilda Jo Originals, you grant us a right to use your submissions as we deem appropriate, unless Matilda Jo Originals agrees otherwise in an express written agreement. If you give us permission by checking the box, Matilda Jo Originals may use your name in affiliation with the Pledge in media to promote Matilda Jo Originals.

Users are responsible for ensuring that they have all required permissions and rights to post any user content. If you believe any materials on the Site infringe your intellectual property or other rights, you may give us notice following the instructions at Infringements.

Any interactive features on the Site are for your personal entertainment, general information, education and communication. You may not use these interactive features for commercial purposes. Your use of the Site is “AS IS,” without warranty and will result in no liability to us.


Matilda Jo Originals Show & Tell Contest Official Rules:

ENTRY IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES. VOID WHERE PROHIBITED BY LAW.

BINDING AGREEMENT

In order to enter the Contest, you must agree to these Official Rules (“Rules”). Therefore, please read these Rules prior to entry to ensure you understand and agree. You agree that submission of an entry in the Contest constitutes agreement to these Rules. You may not submit an entry to the Contest and are not eligible to receive the prizes described in these Rules unless you agree to these Rules. These Rules form a binding legal agreement between you and Matilda Jo Originals with respect to the Contest.

ELIGIBILITY

You must be: 18 years or older on the submission date to be eligible to enter your photo or “Entry” into the Contest; and (2) a legal resident of the United States of America (USA), excluding Rhode Island. Employees, volunteers,  testers, contractors, and official office-holders of Matilda Jo Originals, and their immediate families (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of the households (whether related or not) of such employees, volunteers, officers and directors are ineligible to participate in this Contest. Matilda Jo Originals reserves the right to verify eligibility and to adjudicate on any dispute at any time.

HOW TO ENTER

NO PURCHASE NECESSARY TO ENTER OR WIN THE MONTHLY PRIZE.  Visit http://MatildaJo.com/show-tell (“Contest Site”) during the Contest Period and follow the instructions for submitting photographs for your entry to the Contest (“Photographs”). Matilda Jo Originals will not accept entries submitted via any other means other than online. The Photographs must meet the “Photograph Requirements” described below. A valid email address and full name are required for entry.

SPONSOR

The Contest is created by Matilda Jo Originals, a Montana sole proprietorship with principal place of business at 418 East Broadway Street, Lewistown, Montana, 59457, USA.

MONTHLY CONTEST PERIOD

The Monthly Contest begins at 12:01 A.M. Mountain Time (MST) in the United States on the 1st day of each month starting in September 2015 and ends at 11:59 P.M. (MST) on the last day of each month during (“Monthly Contest Period”). ENTRANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS. Monthly contest period will continue in succession; every month beginning at 12:01 A.M. Mountain Time (MST) and ending at 11:59 P.M. (MST) until further notice.

Entries are void if they are in whole or part illegible, incomplete, damaged, counterfeit, obtained through fraud, or late. All entries will be deemed made by the authorized account holder of the email account used to submit the Photographs at the time of entry, and the potential winner may be required to show proof of being the authorized account holder for that account. The “authorized account holder” is the natural person assigned to the account by at the time of account creation.

PHOTOGRAPH REQUIREMENTS

By submitting an entry in the Contest, regardless of country of entry, each entrant represents and warrants that his or her Photographs conform to these Official Rules and meet the following criteria:

1. It must be an original photograph that does not contain, incorporate or otherwise use any content, material or element that is owned by a third party or entity.
2. It must not have previously been submitted in any competition and/or won an award or prize of any kind.
3. It must not be or include content which is derogatory, offensive, threatening, defamatory, disparaging, libelous or contain any content that is in appropriate, indecent, sexual, profane, indecent, tortuous, slanderous, discriminatory in any way, or that promotes hatred or harm against any group or person, or otherwise does not comply with the theme and spirit of the Contest.
4. It must not contain content, material or any element that is unlawful, or otherwise in violation of or contrary to all applicable federal, state, provincial or local laws and regulations the laws or regulations in any state where the Photographs were created.
5. It must not contain any content, material or element that displays any third party advertising, slogan, logo, trademark or otherwise indicates a sponsorship or endorsement by a third party, commercial entity or that is not within the spirit of the Contest, as determined by Matilda Jo Originals, in its sole discretion.
6. It must not reference any person, group, or organizations without their written permission.
7. It cannot contain any content, element, or material that violates a third party’s intellectual property rights, including but not limited copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights.
8. It must not be subject to any third party agreement(s) which may require Matilda Jo Originals to pay any sum of money to any person or entity as a result of its use or exploitation of the Photographs or rights therein.
9. During the Contest Period, the Matilda Jo Originals, its agents and/or the Judges will be evaluating each entry to ensure that it does not violate the Photograph Requirements. While Matilda Jo Originals, its agents and/or the Judges will make every effort to review the submitted Photographs to ensure that they meet the Photograph Requirements; they may not be able to view all Photographs during the Contest Period.
10. Photographs uploaded to MatildaJo.com will be re-sized to fit web graphics, banners and thumbnails sizes.

PRIZES & JUDGE CRITERIA
1. Judging for the monthly contest is based on the number of votes received for each image.
2. Participants and visitors to the Site may vote for each image of their choosing no more than one time per Photograph.
3. No more than 3 (three) entries (Photographs) may be submitted by each participant for each month’s contest.
4. Prior contest winners are not eligible to enter the contest during the two months immediately following the month in which they won. They are allowed to vote on other entries during that time.
5. In the event of technical malfunctions or interruptions to the contest, Matilda Jo Originals, in its sole discretion, will make a determination of the final vote count and winner based on the information available.

MONTHLY WINNER ANNOUNCEMENTS

The month prize winner will be contact via email within 48 hours after the end of the month to redeem their prize. The winner must respond with requested contact information within 48 hours from the time the email was sent to redeem the prize; otherwise, a new winner will be chosen.

GENERAL CONDITIONS

All federal, state, provincial and local laws and regulations apply. Matilda Jo Originals reserves the right to disqualify any entrant from the Contest if, in Matilda Jo Original’s sole discretion, it reasonably believes that the entrant has attempted to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other entrants, viewers, voters, or Matilda Jo Originals.

INTELLECTUAL PROPERTY RIGHTS

As between you and Matilda Jo Originals, each entrant shall retain ownership of all intellectual property rights in the entry (including moral rights) subject to these Official Rules. However, by entering the Competition, and to the extent allowed by law, entrant grants, but solely in relation to the promotion and/or advertising of the Matilda Jo Originals Show & Tell Contest, a non-exclusive, perpetual, worldwide, royalty-free license to modify, rearrange, copy, reproduce and adapt the images only to fit the format required for product web pages and marketing materials, and to publish and use the Photographs themselves and the content of and elements embodied in the Photographs, including any names, locations and likenesses, for the duration of the rights, in any and all media, including but not limited to digital and electronic media, computer, and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner without further review, notice, approval, consideration, or compensation. Matilda Jo Originals will not commercially exploit the Photographs and all such rights of commercial exploitation remain with entrants.

PRIVACY

Participants agree that personal data entered during the registration, including name, mailing address, phone number, and email address may be processed, stored and otherwise used for the purposes and within the context of the Contest. By entering, entrants agree to the transmission, processing and storage of this personal data in the United States.

Participants also understand this data may be used by Matilda Jo Originals in order to verify an entrant’s identity, postal address and telephone number in the event an entry qualifies for a prize. Participants have the right to access, review, rectify or cancel any personal data held by Matilda Jo Originals in connection with the Contest by writing to Matilda Jo Originals at 418 East Broadway Street, Lewistown, MT  59457. If a participant does not provide the data required at registration, that participant’s entry will be ineligible. By accepting a prize, participant agrees and consents to Matilda Jo Originals and its agencies use of entrant’s name and/or likeness and Photographs to name the entrant for a reasonable time after completion of the Contest in promotional and advertising material of Matilda Jo Originals (or its agents) as a winner of the Contest without additional compensation, unless prohibited by law. Otherwise, all personal information that is collected from the entrant is subject to Matilda Jo Original’s Privacy Policy, located at MatildaJo.com/disclosure-privacy-policy.

PUBLICITY

By accepting a prize, entrant agrees to Matilda Jo Originals and its agencies use of his or her name and/or likeness and Photographs for advertising and promotional purposes without additional compensation, unless prohibited by law.

WARRANTY AND INDEMNITY

Participants warrant that their Photographs are their own original work and, as such, they are the sole and exclusive owner and rights holder of the submitted Photographs and that they have the right to submit the Photographs in the Contest and grant all required licenses. Each entrant agrees not to submit any entry that (1) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret, privacy, publicity or confidentiality obligations; or (2) otherwise violates the applicable state, federal, provincial or local law. Participants also warrant that they have not submitted their entry on behalf of a team or any other entity.

To the maximum extent permitted by law, each entrant indemnifies and agrees to keep indemnified Contest Entities at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each entrant agrees to defend, indemnify and hold harmless the Contest Entities from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any Photographs or other material uploaded or otherwise provided by the entrant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by the entrant in connection with the Contest; (c) any non-compliance by the entrant with these Rules; (d) claims brought by persons or entities other than the parties to these Rules arising from or related to the entrant’s involvement with the Contest; (e) acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest; (f) any malfunction or other problem with the Contest Site; (g) any error in the collection, processing, or retention of entry information; or (h) any typographical or other error in the printing, offering or announcement of any prize or winners.

ELIMINATION

Any false information provided within the context of the Contest by any entrant concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Rules or the like may result in the immediate elimination of the entrant from the Contest. Manipulation of “votes” will be considered valid for elimination.

INTERNET

Contest Entities are not responsible for any malfunction of the entire Contest Site or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed Photographs due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Contest Site, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit an entrant’s ability to participate.

RIGHT TO CANCEL, MODIFY OR DISQUALIFY

If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Matilda Jo Originals reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Matilda Jo Originals further reserves the right to disqualify any entrant who tampers with the submission process or any other part of the Contest or Contest Site. Any attempt by an entrant to deliberately damage any web site, including the Contest Site, or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Matilda JO Originals reserves the right to seek damages from any such entrant to the fullest extent of the applicable law.

FORUM AND RECOURSE TO JUDICIAL PROCEDURES

These Rules shall be governed by, subject to, and construed in accordance with the laws of the State of Montana, United States of America, excluding all conflict of law rules. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and all Participants expressly waive any and all such rights.

ARBITRATION

By entering the Contest, you agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Contest will be decided by binding arbitration. All disputes between you and Matilda Jo Originals of whatsoever kind or nature arising out of these Rules, shall be submitted to Matilda Jo Original’s choice of Arbitration and Mediation Services for binding arbitration under its rules then in effect in the Montana, USA area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.

COOPERATION; REMOVAL OF PERSONAL CONTENT

We reserve the right, but disclaim any obligation or responsibility, to (a) monitor and review Personal Content, (b) refuse to post or upload or remove any Personal Content from Matilda Jo Original’s site that violates these Terms (including the Rules of Conduct) and (c) identify any user to third parties, and/or disclose to third parties any Personal Content or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms (including the Rules of Conduct) and/or our contest, sweepstakes, promotions, and game rules, and/or protect the safety or security of any person or property, including Matilda Jo Original’s site. Moreover, we retain all rights to remove Personal Content or cancel any order at any time for any reason or no reason whatsoever.

TERMINATION OF ACCESS

We reserve the right to terminate your access to Matilda Jo Originals’ service if you violate any of these Terms (including the Rules of Conduct).