Aerial Wakeboarding Customer Gallery Contest Rules
1. Eligibility: Aerial Wakeboarding Customer Gallery Contest (the "Aerial Wakeboarding Photo Gallery Contest") is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Void where prohibited. The Stryker Photo Gallery Contest is subject to all applicable federal, state and local laws and regulations. Participation in the Stryker Photo Gallery Contest constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Stryker Photo Gallery Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: Aerial Wakeboarding 104 Pinnacle Way Suite B Summerville, SC 29483
3. Timing: The Aerial Wakeboarding Photo Gallery Contest ends on 10/31/2023 at midnight Pacific Standard Time(collectively referred to as the "Promotion Period"). Administrator's computer is the official time-keeping device for the Aerial Wakeboarding Photo Gallery Contest.
4. How to enter: All entries must be sent via the online gallery submission form with at least one photo in one or more of the following digital formats: pdf, jpg, png, or tiff. Digital photos or scanned photos are all acceptable types of content as long as they are converted and provided in a digital format. Sending us a photo by mail will not be accepted for entry. Eligible photo entries must have a Aerial wakeboard tower properly installed and clearly visible in each photo.
Persons already in the gallery are eligible but may not submit the same photo(s) already present in the gallery. At least 1 new photo must be submitted. We can not accept images that are blurry, under exposed or difficult to see. Minimum image size is 1,000 pixels wide but larger images are preferred. Please view our current customer gallery for examples of what we are looking for in terms of content and subject matter.
5. Original Content: Entrant must be the registered owner of the boat in the photos. Entrant must either own or have obtained rights for the usage of copyrighted material prior to program submission. Program submission is defined as visual art, sound or digital recording, prose and/or poetry, sculpture, film or video recording, and performance art. The proof of clearance for the use of copyrighted material shall be the sole responsibility of the Entrant and does not need to be submitted with program submission. Entrant agrees to assume full responsibility and civil and/or criminal liability for Entrant's program submission. He/She agrees to indemnify and hold Aerial Wakeboarding harmless from civil and/or criminal liability or legal fees and expenses incurred as a result of their program submission in this contest. It is the sole responsibility of the entrant to remove, cover, blur-out or hide any portion of the image that reveals personal information such as license numbers located on a boat's hull, license plate numbers of automobiles or trailers, home addresses, unit numbers, etc.
6. Limit: Multiple photos are accepted and encouraged however one entry per per person/email address/household/boat is required.
7. Prizes: Of the entries submitted, three(3) total will be selected by Aerial Wakeboarding and one(1) each will be chosen as the official first, second and third prize winners. Entries will be judged on their creativity and how well their photograph(s) reflect the brand of Aerial Wakeboarding. First prize is a $500 Aerial Wakeboarding gift certificate, second prize is a $250 Aerial Wakeboarding gift certificate, and third prize is a $100 Aerial Wakeboarding gift certificate. Each can be redeemed at www.aerialwakeboarding.com or by ordering over the phone. Gift certificates do not cover any additional tax or shipping over their printed value and are the responsibility of the purchaser.
8. Publicity: Except where prohibited, participation in the Aerial Wakeboarding Photo Gallery Contest constitutes winner's consent to Sponsor's use of winner's name, likeness, photograph, video, voice, opinion, biographical information, hometown and state for promotional purposes in any media without further payment or consideration.
9. Winners List: For the name of the winner, available after 10/31/2023, send a self-addressed, stamped (#10) envelope to: Aerial Wakeboarding, 104 Pinnacle Way Suite B Summerville, SC 29483. Requests must be received by 12/31/2023.
10. General Conditions: Sponsor reserves the right to cancel or modify the Aerial Wakeboarding Photo Gallery Contest if fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity of the Aerial Wakeboarding Photo Gallery Contest, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Aerial Wakeboarding Photo Gallery Contest or to be acting in violation of these Official Rules or any other Promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any web site or undermine the legitimate operation of the Aerial Wakeboarding Photo Gallery Contest is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. Release: By receipt of any prize, winner agrees to release and hold harmless Sponsor and any promotional partners, each of their parent, subsidiary, affiliate and related companies, and each of its and their respective officers, directors, employees, and agents (collectively the “Released Parties") from and against any losses, damages, rights, claim or cause of action of any kind arising, in whole or in part, directly or indirectly, out of participation in the Aerial Wakeboarding Photo Gallery Contest or resulting directly or indirectly, from acceptance, possession, use, or misuse of any prize awarded in connection with the Aerial Wakeboarding Photo Gallery Contest , including without limitation personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy.
Photo Release Agreement:
The Entrant hereby grants the Sponsor permission to use their likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration.
The Entrant agrees that all photos will become the property of the Sponsor and will not be returned.
The Entrant irrevocably authorizes the Sponsor to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, waives any right to inspect or approve the finished product wherein my likeness appears. Additionally, waives any right to royalties or other compensation arising or related to the use of the photo.
The Entrant holds harmless, release, and forever discharges the Sponsor from all claims, demands, and causes of action which the Entrant's heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of their estate have or may have by reason of this authorization.
The Entrant agrees to assume responsibility for attaining signed photo release waivers of any and all persons and property appearing in the photos.
12. Limitations of Liability: 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 Aerial Wakeboarding Photo Gallery 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 Aerial Wakeboarding Photo Gallery Contest; (4) technical or human error which may occur in the administration of the Aerial Wakeboarding Photo Gallery 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 Aerial Wakeboarding Photo Gallery Contest or receipt or use of any prize or while traveling to or from any prize-related activity. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Aerial Wakeboarding Photo Gallery Contest, provided that, if it is not possible to award another entry due to discontinuance of the Aerial Wakeboarding Photo Gallery Contest for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
13. Disputes: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Aerial Wakeboarding Photo Gallery Contest or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate California State Court located in Orange County, California; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Aerial Wakeboarding Photo Gallery Contest but in no event attorneys' fees; and (iii) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 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 Aerial Wakeboarding Photo Gallery Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.