Official Rules for the Monthly Zebco Photo Contest

These are the Official Rules (“Official Rules”) for the Monthly Zebco Photo Contest (“Contest”).

-NO PURCHASE NECESSARY.  A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

 

1.  Eligibility: The Contest is open only to permanent, legal residents of the fifty (50) United States, and the District of Columbia who are at least eighteen (18) years old (or the age of majority in their jurisdiction of residence) at the time of entry.  Employees of Sponsor, and any of their respective related companies, parents, subsidiaries, affiliates, and agents and any agencies or other companies involved in the development or execution of the Contest or production or distribution of Contest materials, as well as the immediate family (spouse, parents, siblings, and children, regardless of where they live) and those living in the same household (whether or not related) of each such employee are not eligible.  The Contest is subject to all applicable federal, state, and local laws and regulations.  The Contest is void where prohibited by law and outside the fifty (50) United States and the District of Columbia.

W.C. Bradley/Zebco Holdings, Inc., 6101 E Apache St, Tulsa OK 74115

3.  Agreement to Official Rules:  By participating in the Contest, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor, which is final and binding in all matters related to the Contest.  Whether an entrant receives a Prize (defined below) is contingent upon fulfilling all requirements set forth herein.

Photo must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;

Photo must not contain images or artwork not created by entrant.  Entrant is responsible for obtaining appropriate, written releases from any and all recognizable persons appearing in the Photo.

At Sponsor’s discretion, Entries containing material that is inappropriate, indecent, obscene hateful, tortuous, defamatory, slanderous or libelous, and/or that  promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age will be disqualified and eliminated from the Contest without notification to the entrant.

Photo must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where the Photo is created.

Entrants may submit an unlimited number of Photos to the email address promotions@zebco.com during the Entry Period.  However, each Photo file must not exceed 4MB.  Files must be sent in JPEG format only.

Photo size should be a minimum pixel dimension of 2100 x 2100.

Photo submissions must not be digitally manipulated or altered by any photo editing software, applications or technologies.

No drawings, renderings, or non-photographic Entries will be considered for a Contest Prize, but can be submitted for posting on the share portion of Zebco’s website.

All eligible Entries will be posted to the share portion of Zebco’s website.

It is recommended but not required that Photos include one ZEBCO rod or reel product in the image.  Images with competitor’s products will not qualify for the Contest.

By making an Entry, entrant gives Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license, with a right to sublicense, to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes.  Entrant will sign any necessary documentation that may be required by Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Photo.  Sponsor is not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected Photos, which are not received and/or are disqualified.

4.  Winner Determination:

One prize will be awarded monthly.  Sponsor’s designated judge will determine a monthly winner from among all eligible Entries received during each calendar month.  Entries from one month will NOT be included for consideration in any subsequent month.  Judging will be based upon the following criteria:

Depicting the theme of “Family Fishing”:  Photos should capture the spirit, emotions, fun, and experiences associated with fishing with family and friends.  Creative interpretations as well as traditional images of this theme are welcomed and encouraged.

ZEBCO products:  It is preferred but not required that ZEBCO products appear in the Photo.  However, Photos where products competitive with Sponsor’s products will be disqualified and will not be posted on the share portion of Zebco’s website.

5.  Prizes:  A monthly prize will be awarded:  One (1) ZEBCO® 33® fishing combo (rod and reel)

Winners will be notified by email within thirty (30) days of the conclusions of the Entry Period.  All winners are subject to verification by Sponsor whose decisions are final AND BINDING IN ALL MATTERS RELATED TO THE CONTEST.  An entrant is not a winner of any Prize unless and until entrant’s eligibility has been verified and entrant has been notified that verification is complete.  Prizes cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent Prize substitutions at its sole discretion if any advertised prize becomes unavailable.

6.  Release:  By receipt of any Prize, the applicable Winner agrees to release and hold harmless the Released Parties, as later defined, from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any Prize.  Winner is also solely responsible for any applicable taxes due as a result of receiving the Prize.

7.  General Conditions:  Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion.  In the event of cancellation, applicable prizes will be awarded in random drawings from among all eligible Entries received prior to cancellation.  Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen or misdirected Entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise.  Proof of sending or submission of Entry will not be deemed proof of receipt by Sponsor.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

WARNING:  ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR 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 PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.  Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the website, and/or the legitimate operation of the Contest; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person.  If, for any reason, the Contest is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect Entries and (a) modify the Contest or 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 applicable prizes at random from among the eligible, non-suspect Entries received up to the time of the impairment.

8.  Disputes:  Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Northern District of Oklahoma or the appropriate Oklahoma State Court located in Tulsa County, Oklahoma; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Oklahoma without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of Oklahoma.

9.  Release and Limitations of Liability:  By participating in this Contest, entrants agree that Sponsor, and each of its affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, webmasters, and their respective officers, directors, employees, representatives and agents (the “Released Parties”) are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of Entries; or (5) any 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 or misuse of any prize.  BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS CONTEST OR IN ANY PROMOTION RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY.

BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF, OR PARTICIPATION IN THE WEBSITE AND CONTEST.

 

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, INCLUDING THE ABOVE WEBSITE AND ALL PRIZES, ARE 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 LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

 

10.  Publicity.  EXCEPT WHERE PROHIBITED BY LAW, WINNERS GRANT TO SPONSOR AND THOSE ACTING PURSUANT TO THEIR AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, EACH WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, ENTRY AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON SPONSOR’S WEBSITE AND/OR SOCIAL MEDIA, TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.  ENTRANTS AGREE THAT SPONSOR SHALL OWN THE ENTRIES, WHICH WILL NOT BE ACKNOWLEDGED OR RETURNED, AND THAT SPONSOR AND ITS DESIGNEES SHALL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT, PUBLISH, AND USE THE ENTRIES IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING, PROMOTIONAL, AND/OR OTHER PURPOSES AS SPONSOR AND/OR ITS DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO ENTRANTS OR ANY THIRD PARTY.