Promotion is not confined by state limits - submission themes and subjects may encompass anywhere inside or outside of Massachusetts.
2. SUBMISSION DATES: Submissions will be accepted beginning on April 3, 2009 local time, Boston, MA and ending April 30, 2009 at 5:00 p.m. local time, Boston, MA (the "Promotion Period"). One winner will be selected by Boston Globe staff photographer John Tlumacki and will be notified by May 7, 2009 by 5:00 pm. Selection of winners is at the sole discretion of Boston.com and The Boston Globe. Winner may be e-mailed and will be required to satisfactorily complete an Affidavit of Eligibility, a Liability and, where legal, Publicity Release.
3. WHO MAY APPLY: Entrants must be 18 years or older and a legal resident of the 50 United States or the District of Columbia. The following are not eligible to participate or win a prize: employees, contractors, directors, and officers of The Boston Globe, Boston.com, (the "Sponsors"), and The Charles Hotel, Henriettas Table or Wellbridge Athletic Club and each of their respective parents, subsidiaries, affiliated companies, distributors, licensees, web design, advertising, fulfillment, judging and Promotion agencies involved in the administration, development, fulfillment and execution of this Promotion, and any and all other companies associated with the Contest (collectively, the "Promotion Parties"), and the immediate family members of each (spouse, parent, child, sibling, grandparent, and spouse or "step" of each) and those living in their same households (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Promotion).
5. PHOTO REQUIREMENTS: THERE IS A LIMIT OF ONE ENTRY PER PERSON PER ENTRY PERIOD. Photos submitted online must be the original work of the submitter, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. All entrants must use the same email address to email and/or upload all submission materials throughout the entry process.
Content cannot be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity; Content cannot include or promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the aforementioned), any activities that may appear unsafe or dangerous, or any particular political agenda or message; Content cannot be obscene or offensive or endorse any form of hate or hate group; Content cannot defame, misrepresent or contain disparaging remarks about Sponsors; Content cannot contain trademarks, logos or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses; Content cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission; Content cannot contain materials embodying the names, likenesses, photographs, or other identifying any person, living or dead, without permission; Content cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsors wish to associate; and Content cannot depict and cannot itself be in violation of any law or otherwise.
If the photo contains any material or elements that are not owned by the submitter and/or which are subject to the rights of third parties, the submitter is responsible for obtaining, prior to submission of the clip, any and all releases and consents necessary to permit the use and exhibition of submission by Sponsors in the manner set forth in these terms, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the clip. If any identifiable person appearing in the video is under the age of majority in his/her state of residence, the parent or legal guardian is required to provide permission. Sponsors reserves the right to request proof of these permissions in a form acceptable to Sponsors from any submitter at any time. By submitting a photo, submitter warrants and represents that he/she and any persons appearing or who are identifiable in the photo consent to its posting on Boston.com and any other use at Sponsors sole discretion.
Entries containing prohibited or inappropriate content as determined by the Sponsors, in their sole discretion, will not be eligible for entry.
By submitting your photo to Boston.com, you agree that such photo and the accompanying information will become the property of Boston.com and you grant Boston.com, The Boston Globe, Boston Metro and their sublicensees permission to publicly display, reproduce and use the videos in any form or media for any and (all editorial and related promotional purposes) purposes. You also warrant that (i) the photo is your original work, or is properly licensed, and does not violate the copyright or any other personal or property right of any third party, and (ii) you have obtained any and all releases and permissions necessary for our intended use. Your submission also allows Boston.com to edit, crop or adjust the colors of the image(s) on an as needed basis.
Sponsors will not be responsible for lost, late, forged, mass-reproduced or mass-transmitted, misdirected, mutilated, incomplete or illegible mail or entries and such entries are void; telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures or difficulties, errors or failures in transmission or reception and/or any condition caused by events which may cause the contest to be disrupted or corrupted. By entering, you warrant that your submission is original and does not infringe the rights of any third party and you agree that submissions will become property of the Sponsors and will not be returned.
6. SELECTION OF WINNERS: One winner will be chosen by the Sponsors.
7. DETAILS OF PRIZE: Approximate total retail value of the prize is $1,000. The winner will receive two nights complimentary lodging at Charles Hotel, dinner for two at Henriettas Table, and a day pass to Wellbridge Athletic Club.
If for any reason the Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, Sponsors reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process, and to cancel, modify or terminate the Promotion or any part of the Promotion. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.This Promotion is governed by the laws of the Commonwealth of Massachusetts, with venue in Middlesex County, Massachusetts, and all claims must be resolved in the federal or state courts located in Middlesex County, Massachusetts.
LIMITATIONS OF LIABILITY AND RELEASE: By participating in the contest, you agree to waive any claim that you may have against The Globe for any losses, costs, injuries, or other damages that you may incur in obtaining photographs to enter in the contest, and you agree to indemnify The Globe against any claims that may be brought by a third party as a result of your photography.
WINNERS' LIST/RULES REQUEST: For winner names or Official Rules, send your request with a self-addressed, stamped envelope postmarked specifying "Winner List" or Official Rules to: Four Elements Photo contest, The Boston Globe, 135 Morrissey Boulevard, Boston, MA, 02125.
SPONSORS: Boston.com and The Boston Globe
PROMOTION PARTIES: The Charles Hotel, Henriettas Table or Wellbridge Athletic Club