Virginia Water Monitoring Council 2022 Photo Contest Legal Conditions
By entering this contest, participants agree to indemnify, defend, and hold harmless the Virginia Water Monitoring Council (“VWMC”), Virginia Water Resources Research Center (“VWRRC”), Virginia Polytechnic Institute and State University (“Virginia Tech”), and Commonwealth of Virginia and its respective subsidiaries, affiliates, directors, officers, employees, attorneys, agents, and representatives from any and all third-party liability for any injuries, loss, claim, action, demand, or damage of any kind arising from or in connection with the contest (collectively, “Losses”), including without limitation any third-party claim for copyright infringement or a violation of an individual’s right to privacy and/or publicity right. The contest is void where prohibited by law.
Each participant in the contest (each “participant”) is responsible for ensuring that he or she has the right to submit their photo(s) to the contest per these rules.
Participants agree that any and all disputes that cannot be resolved with VWMC, VWRRC, Virginia Tech, or Commonwealth of Virginia and causes of action arising out of or connected with this contest, shall be resolved individually, without resort to any form of class action. IN ANY SUCH DISPUTE, PARTICIPANT SHALL NOT BE ENTITLED TO ANY PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES OR ANY DAMAGES OTHER THAN PARTICIPANT’S ACTUAL OUT-OF-POCKET EXPENSES (IF ANY) ASSOCIATED WITH PARTICIPATING IN THE CONTEST. PARTICIPANTS HEREBY WAIVE ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED. The contest and VWMC, VWRRC, Virginia Tech, and Commonwealth of Virginia’s websites are provided “as is” without warranty of any kind, either express or implied.
VWMC, VWRRC, Virginia Tech, and Commonwealth of Virginia are not responsible for any incorrect or inaccurate information, whether caused by website users or by any equipment or programming associated with or utilized in the photo contest, or by any technical or human error that may occur in the processing of submissions to the photo contest, including, but not limited to, any misprints or typographical errors. VWMC, VWRRC, Virginia Tech, and Commonwealth of Virginia assume 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. VWMC, VWRRC, Virginia Tech, and Commonwealth of Virginia are not responsible for any problems or technical malfunction of any telephone network or lines, computer equipment, servers, providers, computer online systems, software, or failure of email on account of technical problems or traffic congestion on the internet or at any website, including injury or damage to participant’s or to any other person’s computer related to or resulting from participating or uploading images or information in the photo contest.
If, for any reason, the photo contest cannot be completed as planned, including, but not limited to, any reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of VWMC, VWRRC, Virginia Tech, or Commonwealth of Virginia that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the photo contest, VWMC, VWRRC, Virginia Tech, and Commonwealth of Virginia reserve the right at their sole discretion to cancel, terminate, modify, or suspend the photo contest.
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