Sugarloaf E Pluribus Mosaic Photo
Upload Terms and Conditions
1. Visit www.sugarloaf.com/mosaic (the "Website") and follow the links to complete the submission form and upload your photograph (the "Photo"). You may submit up to 5 Photos.
Photo Guidelines :
Content Restrictions :
· Photos must be of you, your family, friends, property, or pets and must be your original creation.
· Photos 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.
· Photos must not disparage Sugarloaf, Boyne Resorts, or any other person or party. Photos must not contain material that is inappropriate, indecent, obscene, lewd, sexually suggestive, hateful, defamatory, slanderous or libelous.
· Photos must not contain material that promotes bigotry, racism, hatred or violence against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
· Photos must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the photo is created.
2. Eligible Photos will be uploaded into a mosaic application on the Sugarloaf, depicting a picture selected by Sugarloaf approximately 1-4 business days after receipt. When your Photo is added to the Mosaic, you will be sent a return email with a reference code to use on the mosaic application on the Sugarloaf website to help you locate your Photo in the Mosaic.
3. Participation is open to legal residents of the United States aged 18 and older, unless prohibited by state law.
4. Sugarloaf reserves the right in its absolute discretion, to reject any Photo which it deems to contain objectionable or offensive content. By uploading a photo, entrant irrevocably grants to Sugarloaf a royalty-free, perpetual, non-exclusive license to use, reproduce, modify, add to, publish, create derivative works from, and display a Submission, 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.
5. All Photos and submissions will be subject to the terms and conditions of Sugarloaf and Boyne Resorts’ Privacy Policy and the General Terms and Conditions for Websites operated by Sugarloaf and Boyne Resorts.
6. By submitting a Photo, and in consideration of receiving the opportunity to have the Photo included in the Mosaic:
· You represent that (i) you have the unrestricted right to submit the Photo, (ii) the Photo complies with these Terms and Conditions, (iii) the Photo does not infringe any third party rights or interests, and (iv) the Photo does not contain any virus, bug or technical defect that would corrupt or otherwise affect the security, integrity or operation of the Website or any other Sugarloaf website.
· You (i) agree to be bound by these Terms and Conditions and to bear all charges and other cost you may incur in connection with your preparation or submission of your Photo, (ii) unconditionally and irrevocably assign and transfer to Sugarloaf any and all rights which you now or may in the future have to the Photo, including, but not limited to, the copyright and moral rights therein, in any medium whatsoever and (iii) unconditionally and irrevocably release Boyne Resorts and its affiliates from any and all liability, claims or damages resulting from and/or relating to any failure to receive any submission and any use of, or failure to use, the Photo and/or the Mosaic.
Sweepstakes Terms and Conditions
1. Eligibility: The contest is open only to those who enter at https://www.sugarloaf.com/mosaic and who are 18 years of age as of the date of entry. Employees of Sugarloaf Mountain Corporation (“Sugarloaf”) and Boyne USA, Inc., together with their affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members are not eligible to participate in the contest. The contest is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
2. Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Sugarloaf as final and binding as it relates to the content of contest.
3. Campaign Period: Entries will be accepted online starting on September 17th, 2018 at 9:00 AM EST and ending 11:59 PM EST April 30th, 2019, or if earlier, when the mosaic has been fully populated with photos and has been closed to submissions. All online entries must be received by 11:59 PM EST April 30th, 2019, or, if earlier, prior to completion of the mosaic.
4. How to Enter: The contest must be entered by submitting an entry at https://www.sugarloaf.com/mosaic. The entry must fulfill all contest requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Sugarloaf. You may enter up to five times. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Sugarloaf.
5. Prizes: The Winner of the contest (the “Winner”) will receive one Sugarloaf Gold Season Pass valid for the 2019/2020 ski season. The pass will be valid at Sugarloaf only. The specifics of the prize shall be solely determined by Sugarloaf. No cash or other prize substitution shall be permitted except at Sugarloaf’s discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for Sugarloaf to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law. The winner of the contest will receive a certificate from Sugarloaf verifying their winnings, and will be able to pick up their season pass at the Sugarloaf Season Pass office any day after September 1, 2019, during regular business hours. Winner will be required to execute Sugarloaf’s standard season pass liability waiver and acknowledgement of risk.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification: Winner will be selected by Sugarloaf, at their discretion. Winner will be notified by email within five (5) days following selection of Winner. Sugarloaf shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 5 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT SUGARLOAF’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by You: By entering this contest, You understand and agree that Sugarloaf, anyone acting on behalf of Sugarloaf, and Sugarloaf’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the contest, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent.
9. Terms & Conditions: Sugarloaf reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the contest should virus, bug, non-authorized human intervention, fraud, or other cause beyond Sugarloaf’s control corrupt or affect the administration, security, fairness, or proper conduct of the contest. In such case, Sugarloaf may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sugarloaf. Sugarloaf reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the contest or website or violates these Terms & Conditions. Sugarloaf has the right, in its sole discretion, to maintain the integrity of the contest, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by contest rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the contest may be a violation of criminal and civil laws. Should such attempt be made, Sugarloaf reserves the right to seek damages to the fullest extent permitted by law.
10. Limitation of Liability: By entering, You agree to release and hold harmless Sugarloaf and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
11. Disputes: THIS CONTEST IS GOVERNED BY THE LAWS OF THE UNITED STATES AND MAINE, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this contest, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Maine having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this contest). Participant further waives all rights to have damages multiplied or increased.