CONTEST RULES AND REGULATIONS
By submitting a photo (a “Photo”), each entrant agrees to these official rules and regulations (“Rules”) and warrants that their submission complies with all requirements set out in the Rules.
ELIGIBILITY
To be eligible to enter, the entrant must:
be a legal resident of Canada (excluding the province of Quebec);
be of the age of majority or older in your province or territory of residence at the time of submission, or if they are not of the age of majority, have written consent from a parent or guardian;
be the sole owner of all right, title and interest (including copyright) in and to the Photo (as defined below) and acknowledge and agree that the Photo does not infringe on the rights of any third party, submitted in connection with the 2018 SPIRIT Photography Contest (the “Contest”).
GENERAL RULES
Alberta Health Services (“AHS”) shall have the right at any time to require proof of identity and/or eligibility to participate. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to AHS for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. AHS reserves the right, in its sole discretion, to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.
By participating each entrant represents and warrants that:
each submitted Photo is an original work created by you;
all authorizations or exemptions regarding the constituents and subjects of each submitted Photo have been obtained;
each submitted Photo does not infringe on the copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property rights of any person or entity or other statutory or common law rights of any third party;
each submitted Photo does not contain any unlawful material, or any material that is libelous, defamatory, profane or obscene, or promotes hatred or discrimination; and
without limiting the generality of the foregoing, each submitted Photo does not disparage AHS or any person or entity involved in the production, implementation, administration or fulfillment of this Contest. If a Photo contains any material or elements that are not owned by the entrant and/or which are subject to the rights of third parties, and/or if any persons appear in a submitted Photo, the entrant is responsible for obtaining, prior to submission of such Photo, any and all releases and consents necessary to permit the exhibition and use of the Photo in the manner set forth in these Rules without additional consideration.
Each entrant hereby grants to AHS, on a non-exclusive, perpetual, irrevocable, and royalty-free basis, a license to publish, copy, distribute, broadcast or otherwise use their submitted Photos for non-commercial purposes, including but not limited to, featuring the entrant’s photos in the AHS’ e-card and print card collection and other AHS publications. AHS shall have the right to use the Photos at its discretion, including the right to alter, modify or rearrange such Photos.
Entrants agree to be bound by the decisions of AHS, which shall be final and binding in all respects, without right of appeal. Each entrant hereby:
confirms compliance with the Rules and confirming that the Photo is his/her own original work or has the required consents from the owner of the Photo;
releasing AHS and its subsidiaries, affiliates, employees, directors, officers, suppliers and agents from any and all liability for any loss, harm, damages, cost or expense arising out of the entrant’s submission, including without limitation costs injuries, losses and damages 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 therefrom; and
granting AHS the unrestricted right, in its sole discretion, to publish, without any further consideration, as applicable, his/her name, picture, portrait, likeness, voice and ideas for advertising and promotional purposes.
If required by AHS, each entrant shall also deliver a model release executed by all individuals depicted in the selected Photo. The agreement and release, and model release if applicable, must be returned within seven (7) days of the notification date indicated on the notification or the selected entrant will be disqualified.
Any submission and any attempt at entering using electronic, computer or other means which are contrary to the spirit of these Rules (e.g., computer pirating, mass e-mailing, etc.) will be automatically rejected. Any automated submissions will be noticed and rejected.
AHS will treat all personal information in accordance with applicable privacy laws and internal policies. It is the intention of AHS that all personal information provided in connection with the Contest will be kept confidential and used only for the purposes outlined herein. By submitting their Photo, entrants consent to the use of their personal information for the purposes described herein.
Without limiting the generality of the foregoing, AHS assumes no responsibility or liability for lost, late, misdirected or incomplete submissions, notifications, responses, replies, or any agreement and release documents or for any computer, online, telephone, hardware, software or technical malfunctions that may occur (including but not limited to malfunctions that may affect the transmission or non-transmission of an submission).
AHS is 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 processing of submissions. AHS assumes 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, submissions. AHS is not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, browsers, on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing. AHS reserves the right to cancel or terminate this contest at any time and for any reason without notice.
The Contest is void in the province of Quebec and where prohibited by law.
Entrants agree that participation thereto is subject to and governed by the laws of the Province of Alberta and the forum for any dispute shall be Calgary, Alberta.
These 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.
RELEASE AND INDEMNITY
Each entrant releases, holds harmless and indemnifies AHS, its affiliates, subsidiaries, members, officers, directors, agents, employees, licensees and invitees, from and against any and all liabilities, whether or not arising due to third party claims, which may be made or brought against AHS, or which AHS may suffer or incur, directly or indirectly, arising as a result of or in connection with or relating to:
any violation of the foregoing representations, warranties and obligations;
any violation of these Rules;
any violation or infringement of third party rights including, without limitation, third party intellectual property, privacy and publicity rights;
any damage related to or in connection with the submitted Photo or the use thereof; or
the entrant’s involvement or participation in the Contest.
AHS assumes no responsibility, howsoever caused, including, without limitation, administrative, technical, human or other errors, website, network, telecommunication systems or other technical malfunctions, injury or damage to the entrant (including death) or injury or damage to the entrant’s or any third-party’s property, arising as a result of or in connection with or relating to the entrant’s involvement or participation in the Contest. AHS reserves the right to change any Contest rules without notice in order to comply with any applicable federal, provincial and municipal laws and regulations.
ACKNOWLEDGEMENT
By clicking below, the entrant acknowledges that they have read and understood, and agree to be bound by the terms and conditions of the Contest website and these Rules. The entrant also acknowledges that this agreement shall be binding upon the entrant, the entrant’s heirs, attorneys, guardians, estate trustees, executors, trustees and permitted assigns.