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Trails Monthly Photo Contest Rules -- November 2009

OFFICIAL RULES

1. HOW TO ENTER: NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. The submission period for the Sierra Club Trails Monthly Photo Contest for November 2009 ("Photo Contest") begins November 1, 2009 at 2:30 p.m. PST and ends November 12, 2009, at 5 p.m. PST ("entry period.") There is one way to enter: online.  No other method of entry will be accepted. Online Method: To enter online during the entry period, you must be a member of Sierra Club Online Communities, and a member of the Trails Monthly Photo Contest group on Sierra Club Trails.

To join the online community, visit this page: http://community.sierraclub.org/join/sierraclubtrails.aspx?NEXTURL=joinsct
To join the Trails Monthly Photo Contest group, visit this page: http://connect.sierraclub.org/TrailGroups/Trails_Monthly__Photo_Contest.

Follow the directions to submit your photo(s) to the Group Gallery. The theme for the November 2009 contest is “Orange.” Online entries must be completed and received by Sierra Club by November 12, 2009, at 5 p.m. PST. Incomplete entries are void. Sierra Club assumes no responsibility for lost, late, misdirected, illegible or mutilated entries or for any computer, online, telephone, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, availability, garbled or jumbled transmissions, service provider, Internet, web site, or other accessibility or availability issues, traffic congestion, or unauthorized human intervention, or any technical malfunctions that may occur. Entrants shall be the authorized account holder of the e-mail address used in the creation of the Sierra Club Online Communities profile used to submit the entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain name associated with the submitted e-mail address.

2. ELIGIBILITY: This Photo Contest is open only to legal residents of the U.S. (excluding Puerto Rico) who are 18 years of age or older as of the date the Photo Contest begins. Employees of Sierra Club (and of its subsidiaries, affiliates, prize suppliers, and advertising and promotional agencies) and their immediate families (spouse, parents, children, siblings and their spouses) and individuals living in the same household as such employees are ineligible. This Photo Contest is governed by the laws of the United States and is subject to all applicable federal, state, and local laws and regulations. Void in Puerto Rico and where prohibited.

3. JUDGING: Voting will be conducted through the Trails Monthly Photo Contest group. Only those who have joined Sierra Club Online Communities and the Trails Monthly Photo Contest group may vote. Members of the Trails Monthly Photo Contest group will vote for their favorite photos by leaving a positive comment on the photo between November 1, 2009, at 2:30 p.m. PST and November 20 at 12 p.m. (noon) PST, using the photo comment process, based on the following criteria: 10% conformity to monthly theme, 40% originality, 50% artistic quality. All positive comments will count as a vote for a photo. The judges’ decision on what constitutes a positive comment will be final. Group members may vote for more than one photo, but may only vote once for any single photo; multiple comments on a photo will not be counted. At the end of the voting period, the five photos that received the most votes will be reviewed by Sierra magazine design staffer and Sierra Club website designers, who will choose a final winner based on the criteria established above. The winner will receive the monthly prize. The photo that receives the most votes from members of the Trails Monthly Photo Contest group will be named the “People’s Choice Winner” (or in the case of a tie, “People Choice Winners,” but will not receive a prize. The number of voters will be determined by volunteer participation. Winners will be announced on Sierra Club Trails and via a bulletin to all members of the Trails Monthly Photo Contest group on November 24, 2009. By participating, entrants agree to be bound by the Official Rules and the decisions of the judges, which shall be final and binding in all respects. Odds of winning depend on the total number of eligible entries received. All prizes will be awarded. Limit one prize per person, family or household. Winners will be notified via email, telephone, or messaging through Sierra Club Trails.

4. PRIZES:  The winner will receive a Canon PowerShot G11, valued at $499.99. The prize cannot be exchanged for cash, and cannot be used in conjunction with any other promotion. The Sierra Club reserves the right to substitute a prize of equal or greater value in the event the offered prize is unavailable. No substitution or transfer of prize permitted except as provided herein.

5. GENERAL CONDITIONS: All federal, state, and local taxes, fees and surcharges on prize packages are the sole responsibility of the prize winners. Prize winners may be required to execute and return an Affidavit of Eligibility/Release of Liability/Prize Acceptance Form within seven (7) days following notification. Return of any prize and/or prize notification as undeliverable or failure of any entrant to comply with any Official Rules will result in disqualification and selection of an alternate winner. Winners grant Sierra Club the right to use and publish their legal name and state of residence online and in print, or any other media, in connection with the Photo Contest. Except winners who are residents of the State of Tennessee, acceptance of a prize constitutes permission for Sierra Club and their advertising and promotional agencies to use winners' names and likenesses for editorials, advertising and promotional purposes without payment of additional compensation unless prohibited by law. By entering, participants release and hold harmless Sierra Club, their respective parents, subsidiaries, affiliates, directors, officers, employees, attorneys, agents and representatives from any and all liability for any injuries, loss, claim, action, demand or damage of any kind arising from or in connection with the Photo Contest or any prize won, any misuse or malfunction of any prize awarded, participation in any Photo Contest related activity, or participation in the Photo Contest.

Entrants retain ownership and all other rights to future use of the photographs they enter except for the following: Your entry to the contest constitutes your agreement to allow your entered photographs—and your name, city, and state—to be published as winners or finalists in Sierra Club communications channels, including, but not limited to, Sierra magazine and other Sierra Club publications, exhibitions, websites, a photo contest calendar, electronic collection of photographs, online photo features and contests, and web pages and emails providing Sierra Club information, updates, and campaigns; and used without charge for promotions by the Sierra Club using any and all of its communications channels, including, but not limited to, Sierra magazine and other Sierra Club publications, exhibitions, websites, a photo contest calendar, electronic collection of photographs, online photo features and contests, and web pages and emails providing Sierra Club information, updates, and campaigns. This provision does not apply to winners from the State of Tennessee. The Sierra Club will provide photo credit as requested by the photographer when possible.

Each entrant and winner agrees and acknowledges that to the best of his or her knowledge, Sierra Club's use of the Photograph(s) will not violate the rights of any other person or organization and Sierra Club will not incur liability for payment to any other person or organization. Each entrant and winner agrees to indemnify and release Sierra Club and its officers, directors, employees, agents and advertising and promotional agencies for and from any and all claims associated with the use of any submitted or winning Photograph, including without limitation any rights of publicity, right of privacy, defamation, trademark or copyright claims.

By entering this contest, the entrant agrees to the following statement: I expressly understand that Section 1542 of the Civil Code of California provides substantially as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him, must have materially affected his settlement with debtor."  The provisions of this Section 1542 of the Civil Code of California and any similar law of any state, territory, or other jurisdiction are hereby expressly waived.

As a condition of participating in this Photo Contest, participant agrees that any and all disputes which cannot be resolved between and the parties, and causes of action arising out of or connected with this Photo Contest shall be resolved individually, without resort to any form of class action, exclusively, before a court of competent jurisdiction located in [San Francisco, California], which court shall apply the laws of the state of [California] without regard for rules of conflicts of law. In any such dispute, participant shall, under no circumstances, be entitled to claim punitive, incidental, or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (if any) associated with participating in the Photo Contest, and participant hereby waives all rights to have damages multiplied or increased. CAUTION: ANY ATTEMPT BY A CONTESTANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PHOTO CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SIERRA CLUB RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH CONTESTANT TO THE FULLEST EXTENT PERMITTED BY LAW.

6. LIMITATIONS OF LIABILITY: Sierra Club is not responsible for any incorrect or inaccurate information, whether caused by web site users or by any of the equipment or programming associated with or utilized in the Photo Contest or by any technical or human error which may occur in the processing of submissions in the Photo Contest, including but not limited to any misprints or typographical errors. Sierra Club 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, entries. Sierra Club is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to participants or to any other person's computer related to or resulting from participating or downloading materials in this Photo Contest. If, for any reason, the Photo Contest is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Sierra Club which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Photo Contest, Sierra Club reserves the right at their sole discretion to cancel, terminate, modify or suspend the Photo Contest.

IN NO EVENT WILL SIERRA CLUB, ITS PARENTS, AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES, ITS ADVERTISING AND PROMOTIONAL AGENCIES, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, AND REPRESENTATIVES, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF PARTICIPANT'S ACCESS TO AND USE OF THE INTERNET SITE http://trails.sierraclub.org and http://connect.sierraclub.org/TrailGroups/Trails_Monthly__Photo_Contest -- OR THE DOWNLOADING FROM AND/OR PRINTING OF MATERIAL FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

7. LIST OF WINNERS: To find a list of each months’ winners, visit http://connect.sierraclub.org/TrailGroups/Trails_Monthly__Photo_Contest