CHRISTENSEN ARMS’ AIM TRUE PHOTO CONTEST
OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCE OF WINNING A PRIZE. VOID WHERE PROHIBITED BY LAW.
THERE IS NO OBLIGATION TO WEAR OR SHOW CHRISTENSEN ARMS’ AIM TRUE CLOTHING IN YOUR PHOTO SUBMISSION.
1. Eligibility.
The Christensen Arms’ Aim True Photo Contest (the “Contest”) is open only to legal residents of the United States and the District of Columbia (excluding New York, Florida, and Rhode Island) who, at the time of entry, at least 21 years of age. Void where prohibited by law. Directors, management, staff, employees of Sponsor, Administrator, or any of its/their parent(s), subsidiaries, affiliates, advertising agencies, ambassadors, paid content creators, suppliers, distributors, retailers or any other company or individual involved with the design, production, execution or distribution of the Contest, and their immediate family (spouse, ex-spouse, de facto partner, parents and step parents, grandparents and step grandparents, siblings and step siblings, uncle, aunt, niece, nephew, brother, sister, step brother, step sister, first cousin and children and stepchildren) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations. Participation constitutes entrant’s (“Entrant”) full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon selected Entrant fulfilling all requirements set forth herein.
2. Sponsor.
Sponsor: TDJ Buyer, Inc. d/b/a Christensen Arms550 N. Cemetery Rd., Gunnison, UT 84634 (“Sponsor”).
3. Contest Entry Period.
The Contest entry period starts on August 31, 2023 at 12:00:01 a.m. Central Time (“CDT”) and ends September 7, 2023 at 12:00:00 p.m. CDT (the “Contest Entry Period”). Entries received outside the Contest Entry Period will be void. Sponsor is the official timekeeper for this Contest.
4. How to Enter the Contest.
During the Contest Entry Period, to receive one (1) entry (“Entry”) in the Contest: (a) go to the website located at https://christensenarms.com/aim-true-photo-contest/ (the “Site”); (b) once you land on the Site, follow the prompts and complete the registration information requested, including your name, phone number, valid email address, date of birth, state of residence, and Instagram handle, if applicable; (c) follow the instructions to upload one (1) or more photographs that adhere to one or more of the contest themes, including Hunting, Long-Range Shooting, and Free-For-All: Christensen Arms Content—details about which are provided at the end of this section; (d) read the Official Rules and check the box confirming that you have reviewed and agree to these Official Rules; and (e) submit your entry including such information and the photo by clicking “Submit.” There is no limit to the number of contest entries per person, per email address, during the Contest Entry Period. Use of multiple email addresses or any automated system to enter is prohibited and will result in disqualification. The Sponsor shall have no liability for any Entrant’s (and/or potential winner’s) failure to receive notices due to spam, junk e-mail or other security settings or for any Entrant’s (and/or any potential winner’s) provision of incorrect or otherwise non-functioning contact information.
By submitting an Entry, Entrant hereby grants to Sponsor the exclusive, fully paid, worldwide license to use, publicly perform, stream, modify, display and disseminate the Entry, including the photo, in perpetuity, in any manner within Sponsor’s sole discretion. Additionally, by submitting an Entry, Entrant agrees that Sponsor has full consent from any and all individuals present in the Entry to utilize the Entry in Sponsor’s advertising, marketing and other business initiatives.
Guidance on the Contest’s photo themes is as follows:
- Theme 1 – Hunting: This theme is all about capturing the spirit of hunting in all its forms. Potential photo ideas include, but are not limited to, hunt preparation (hanging tree stands, mounting optics, adding accessories to a rifle, preparing blinds, maintaining food plots, preparing/packing hunting gear, etc.), sighting in/zeroing rifles, practicing at the shooting range, hunt camp scenes with friends, family, and fellow hunters, scouting for animals using binoculars or spotting scopes, hiking in nature with hunting gear, traveling to or from hunting locations, tracking a downed animal, and preparing/cooking game meat.
- Theme 2 – Long-Range Shooting: This theme focuses on long-range shooting. Potential photo ideas include, but are not limited to, mounting optics, adding accessories to a rifle, preparing/packing long-range shooting gear, sighting in/zeroing long-range rifles, practicing at the shooting range, competing in amateur or professional long-range shooting matches, and receiving or providing instruction on long-range shooting techniques. While some of these ideas overlap with Theme 1, photos submitted for Theme 2 should focus on long-range shooting applications, although a photo can meet the criteria for both Theme 1 and Theme 2 if it pertains to long-range hunting applications/situations.
- Theme 3 – Free-For-All: Christensen Arms Content: This theme is a celebration of Christensen Arms’ brand and products. Potential photo ideas include, but are not limited to, stylized photos of Christensen Arms rifles taken in a studio, home, shooting range, or outdoor setting, close-ups of Christensen Arms products and their components, individuals wearing Christensen Arms apparel at the shooting range, in nature, or in a hunting or long-range shooting setting, objects featuring Christensen Arms stickers (coolers, vehicles, gun cases, ammunition boxes, etc.), and collections of Christensen Arms firearms.
Photos can be taken using a digital camera, film camera, or smartphone. Images taken using a film camera must be translated to high-quality digital format in order to be considered a valid Entry.
5. Entry Guidelines.
Entry must: (a) be the original work product of Entrant; (b) be solely owned by Entrant and with no other person or entity having any right or interest in it; and (c) not violate any third-party rights including but not limited to copyright, trademark, patent, contract, and/or publicity or privacy rights, of any other person or entity. Entry shall not directly or indirectly contain the following: (a) imagery featuring improper, illegal, or unsafe firearm use; (b) photos featuring minors handling or using firearms without the supervision of an adult; (c) photos containing firearms manufactured by any company that is not Christensen Arms; (d) photos taken by someone other than the Entrant. By submitting Entry, Entrant represents his or her compliance with these terms.
Sponsor may reject any Entry in its sole discretion if the Entry in whole or in part: contains any illegal or offensive activity, or is obscene, defamatory, likely to incite violence or illegal activity; includes any material in violation of any third-party’s rights; contains material which is (or promotes activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating or mutilating of animals, discriminatory (based upon race, sex, religion, natural origin, physical disability, sexual orientation or age); is threatening, profane or harassing; portrays Sponsor or any person or entity negatively; and/or which is otherwise deemed to be inappropriate or demeaning in Sponsor’s sole discretion. Entry must not attempt to duplicate any other Entry or third-party works.
Use of computer programs, artificial intelligence, and/or other automated devices or software to enter the Contest is prohibited. Normal internet access and device usage charges imposed by your ISP may apply.
Sponsor reserves the right in its sole discretion to disqualify any Entry that is a duplicate or substantially similar to another Entry and Sponsor may, in its sole discretion, disqualify any Entry that violates these parameters and/or any other part of Official Rules.
6. Contest Winner Selection.
Entries that comply with these Official Rules will be evaluated by a qualified panel of judges selected by Sponsor who will evaluate each Entry based on the following judging criteria of the submissions:
- (20%) Image quality, resolution, sharpness, clarity, color, lighting, and composition.
- (30%) Adherence to the contest photo’s themes: how well the image captures the essence and spirit of one or all three of the contest themes: Hunting, Long-Range Shooting, and Free-For-All: Christensen Arms Content.
- (50%) Originality/Creativity: how unique and creative the photo is, as compared to the works of other Entrants and content currently owned by Sponsor.
Three (3) Entries will be selected by Sponsor and deemed the potential winners (subject to verification). In the event of a tie, the judges will select the Entry that was received first by Sponsor. Sponsor will select a maximum of one (1) potential winner per Entrant—no entrant will have more than one (1) Entry deemed to be a potential winner.
Starting on or about September 8, 2023 at 12:00:01 a.m. Central Time (“CDT”) and ending on or about September 14, 2023 at 11:59:59 p.m. CDT (“Public Voting Period”), the potential winners will be posted and pinned to Sponsor’s Instagram account. At the end of the Public Voting Period, the potential winner with the most engagements will be deemed the Grand Prize winner; the potential winner with the second-most engagements will be deemed the First Runner-Up; the potential winner with the third-most engagements will be deemed the Second Runner-Up.
Use of computer programs, artificial intelligence, bots, and/or other automated devices or software to Like or Comment on the potential winning photos is strictly prohibited.
Sponsor reserves the right in its sole discretion to disqualify any Entrant that appears to have utilized any of these means to artificially inflate the number of engagements on their potential winning photo, and Sponsor may, in its sole discretion, disqualify any Entry that violates these parameters and/or any other part of Official Rules. Sponsor also reserves the right to select the Grand Prize winner at its discretion.
On or about September 15, 2023, the Grand Prize, First Runner-Up, and Second Runner-Up winners will be contacted by Sponsor using the email address or phone number used to enter the Contest. Failure by a potential prize winner to respond to the initial verification within 48 hours of notification may result in disqualification, and Sponsor may, at its discretion, select an alternate winner in the same manner. Odds of winning a prize depend on the number of eligible entries received during the Contest Entry Period, and can depend on the timing of Entrant’s participation in relation to other Entrants’ participation.
7. Prizes.
A. GRAND PRIZE: There is one (1) Grand Prize (the “Grand Prize”) available in the Contest, consisting of one (1) 7-day/6-night trip for the verified winner (“Verified Grand Prize Winner”) to the Three Forks Ranch in Savery, Wyoming (the “Trip”). The Trip includes:
- Air transportation for the Verified Grand Prize Winner to Yampa Valley Regional Airport (HDN), located in Hayden, Colorado, arriving on Monday, October 16, 2023 and departing on Sunday, October 22, 2023. Sponsor will coordinate transportation for Verified Grand Prize Winner to/from Yampa Valley Regional Airport (HDN) to and from the Three Forks Ranch. Verified Grand Prize Winner will be responsible for securing any transportation to/from Verified Grand Prize Winner’s departure location to such departure airport and, on return, from the return airport to Verified Grand Prize Winner’s return location. In the event the Verified Grand Prize Winner lives within one hundred (100) miles of Savery, Wyoming, air travel and airport ground transfers will not be provided, and alternate travel arrangements will be made by Sponsor in Sponsor’s sole discretion.
- The opportunity for Verified Grand Prize Winner to take part in a guided elk hunt on Three Forks Ranch’s property in Wyoming and/or Colorado to be held on or about Tuesday, October 17, 2023 through Saturday, October 21, 2023 (the “Elk Hunt”). Awarding of the Grand Prize to the Verified Grand Prize Winner is not contingent on Verified Grand Prize Winner’s participation in the elk hunt. In the event that the Verified Grand Prize Winner elects to take part in the elk hunt, Sponsor shall have the right but not the obligation, in its sole discretion, to take video, film and still photos of the Verified Grand Prize Winner during the Grand Prize Trip, including but not limited to during the Elk Hunt (“Footage”) and/or to use such Footage in Sponsor’s advertising, marketing and other business initiatives and Verified Grand Prize Winner agrees and authorizes such Footage and use(s) without additional compensation or authorization. In the event that the Verified Grand Prize Winner elects to take part in the elk hunt, the Verified Grand Prize Winner acknowledges and agrees that all or part of his or her hunt may be done with Sponsor and/or Sponsors guests. Finally, in the event that the Verified Grand Prize Winner elects to take part in the elk hunt, he or she must complete a state-Certified Hunter Safety course, either in-person or online. A certificate of completion of a state-Certified Hunter Safety course will be required by Three Forks Ranch before the Grand Prize Winner can participate in the elk hunt. The Grand Prize Winner may complete and bring certificate of completion for the state-certified Hunter Safety course from their home state, as states practice reciprocity by honoring certified Hunter Safety certificates from other states.
- One (1) Christensen Arms Ridgeline FFT or one (1) Modern Precision Rifle or his or her choice. The Verified Grand Prize Winner will select the Action Finish and Stock Finish of his or her choice, as well as his or her desired Caliber. The Verified Grand Prize Winner must select from the Action Finish, Stock Finish, Caliber, Barrel Length, and Barrel Twist options provided by Sponsor for his or her chosen Ridgeline FFT or Modern Precision Rifle. No customization will be allowed. If the Verified Grand Prize Winner is left-handed, he or she must choose from left-handed Ridgeline FFT Action Finish, Stock Finish, Caliber, Barrel Length, and Barrel Twist options provided by Sponsor. Sponsor does not manufacture or offer for sale Modern Precision Rifles in left-handed models.
- Hotel accommodations from Monday, October 16, 2023 to the morning of Sunday, October 22, 2023 in one (1) private room at the Three Forks Ranch. Such accommodations will include all meals, snacks, and non-alcoholic beverages. The Verified Grand Prize Winner’s private room will be located in a luxury vacation rental owned by Three Forks Ranch and rented by Sponsor, which contains five (5) bedrooms. Sponsor and Sponsor’s guests will also stay in the private house rented by Sponsor.
Total Approximate Retail Value of the Grand Prize: $20,000 USD.
The Sponsor will coordinate travel with the Grand Prize Winner directly between the dates provided on the prize notification to arrange trip details. Failure by the potential Grand Prize Winner to respond to Sponsor’s phone and/or email communications between the dates provided may result in disqualification, and Sponsor may, at its discretion, select an alternate winner in the same manner.
All travel-related and other expenses not set forth herein, including but not limited to meals, ground and other transportation, parking, gratuities and incidental hotel expenses, are the sole responsibility of the Verified Grand Prize Winner. The Verified Grand Prize Winner is responsible for all transportation, tax, license, title fees and insurance for transportation and other related, applicable expenses. The Verified Grand Prize Winner must be 21 years or older. The Verified Grand Prize Winner will be required and must be able to sign a release to participate in the Grand Prize, as applicable.
Grand Prize Winner Availability. The Verified Grand Prize winner must be available to travel to and arrive at the Three Forks Ranch Resort located in Savery on Monday, October 16, 2023 and to stay at the Three Forks Ranch continuously between Monday, October 16, 2023 and Sunday, October 22, 2023 to be deemed the Verified Grand Prize Winner. Any potential Grand Prize Winner not available to claim the prize in Savery, Wyoming will be disqualified and another potential Winner will be chosen. Entrant bears all risks of inclement weather. Grand Prize related date(s) and time(s) are subject to change. The Verified Grand Prize winner must be available to and timely provide all information needed by Sponsor to facilitate all Grand Prize preparations. The Verified Grand Prize Winner must also be eligible to secure a hunting license in Colorado and/or Wyoming.
COVID-19 ACKNOWLEDGEMENT: Entrants and the Verified Grand Prize Winner and his/her guest acknowledge that an inherent risk of exposure to Coronavirus/COVID-19 exists in any space where people are present and that Sponsor cannot guarantee that Entrants, the Verified Grand Prize Winner, and his/her guest will not become infected with the Coronavirus/COVID-19. Entrants and the Verified Grand Prize Winner voluntarily seek to participate in the Contest and acknowledge that by accepting the Grand Prize, they may be increasing the risk of exposure to the Coronavirus/COVID-19.
TRAVEL MUST BE COMPLETED BY Sunday, October 22, 2023. The dates of departure and return are subject to change at Sponsor’s sole discretion. All prize details are at the sole discretion of the Sponsor. If any of the Grand Prize elements, or any portion thereof, listed in the Grand Prize description does not or cannot take place as scheduled or at all, for reasons included but not limited to scheduling conflicts, cancellations, postponement, or for any other reason, then assuming the applicable Verified Grand Prize Winner is willing and able to travel on the dates chosen by Sponsor, the Verified Grand Winner will receive the remaining components of the Grand Prize which shall constitute full satisfaction of Sponsor’s Grand Prize obligation to the Verified Grand Prize Winner, and no other or additional compensation will be awarded.
B. FIRST RUNNER-UP PRIZE: There is one (1) First Runner-Up Prize (the “First Runner-Up Prize”) consisting of one (1) $500.00 USD Christensen Arms electronic gift card redeemable only at christensenarms.com with an expiration of December 31, 2023.
Total Approximate Retail Value of First Runner-Up Prize: $500.00 USD.
C. SECOND RUNNER-UP PRIZE: There is one (1) Second Runner-Up Prize (the “Second Runner-Up Prize”) consisting of one (1) $500.00 USD Christensen Arms electronic gift card redeemable only at christensenarms.com with an expiration of December 31, 2023.
Total Approximate Retail Value of Second Runner-Up Prize: $500.00 USD.
All expenses and costs not expressly listed in these Official Rules are the sole responsibility of the Verified Grand Prize Winner and First Prize Winners (the “Winners”). The verified prize winners will be responsible for all other expenses relating to the receipt and use of the prizes.
All prize(s) are non-transferable. Sponsor reserves the right to substitute any prize, in whole or in part, for one of equal or greater value. All federal, state, and local taxes are solely the responsibility of the Winner(s). Odds of winning any prize depend on the number of valid and eligible entries received during the Contest Entry Period. Sponsor is not responsible for any change of email address and/or mailing address of Entrants, nor is Sponsor responsible for any lost or damaged mail, including but not limited to electronic communications. The total value of each or any prize will not exceed the identified approximate retail value.
If the Verified Grand Prize Winner is unable to redeem the package within the time period required, and/or the First Runner Up and/or Second Runner-Up Prize Winner(s) are unable to redeem the gift cards the prize(s) will be forfeited.
THE PRIZES ARE OFFERED AND PROVIDED “AS IS” WITH NO WARRANTY OR GUARANTEE BY SPONSOR OR ADMINISTRATOR OTHER THAN WHAT IS EXPRESSLY INCLUDED WITH THE PRIZES.
Total Approximate Retail Value of All Prizes: $21,000 USD.
8. Verification of Potential Prize Winners.
POTENTIAL PRIZE WINNER(S) ARE SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. Any potential prize winner(s) must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. Sponsor may run a background check on any potential winner(s). By entering, Entrant agrees to provide information necessary for Sponsor to conduct any background check and to cooperate reasonably with any such background check. The potential Prize winner(s) may be required to execute and return to Sponsor for its receipt within two (2) business days of notification, an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the “Affidavit”) in order to claim his/her prize. Sponsor may, but is not obligated to, exercise its rights under such Affidavit. In the event: (a) potential winner(s) cannot be reached for whatever reason after a reasonable effort has been exerted or the potential winner(s) notification or Affidavit is returned as undeliverable; (b) potential winner(s) decline(s) or cannot accept, receive or use the/a Prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods; (d) potential winner(s) is found to be ineligible to enter the Contest or receive the Prize; (e) potential winner(s) cannot or does not comply with the Official Rules; or (f) potential winner(s) fails to fulfill the Affidavit-related obligations, the applicable potential prize winner(s) shall be disqualified from the Contest and an alternate potential prize winner(s) may be selected, at Sponsor’s sole discretion, from among the other eligible entries received. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate potential Prize winner(s), if any.
9. Entry Conditions and Release; Severability.
By entering, each Entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor and/or its designee(s) which are binding and final in all matters relating to this Contest; (b) release and hold harmless Sponsor and its respective parent, subsidiary and affiliated companies, the Prize suppliers and any other organizations and/or persons responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a Entrant’s entry, creation of an entry or submission of an entry, participation in the Contest, acceptance, participation and/or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an Entrant’s participation in the Contest and/or Entrant’s acceptance, use or misuse of any prize. If a prize includes participation in any public event(s) or publicity, or if Sponsor Entities intend to publicize the winner in any way, and if a background check reveals without limitation that a potential winner has engaged in conduct that could damage the reputation or business of any Sponsor, as determined by Sponsor in its discretion, the potential winner may be disqualified and the prize may be awarded to an alternate winner. In addition, if any prize involves travel or activities, any potential winner may be required to execute releases of the Sponsor and all Released Parties from any and all liability with respect to participation in such travel/activities, participation in and/or use of the prize. Fully-executed affidavits and releases must be received by Sponsor within two (2) business days from the date that Sponsor first tries to notify the potential winner. If any provision of these Official Rules is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of these Official Rules. The Contest is in no way sponsored, endorsed, administered by, or associated with Facebook, Twitter, Instagram, Snapchat, YouTube, Reddit, Pinterest, LinkedIn or any other social networks or online websites that are used to share and/or promote the Sweepstakes. You understand that you are providing your information to the Sponsor and not to Facebook, Twitter, Instagram, Snapchat, YouTube, Reddit, Pinterest, LinkedIn or any other social networks or websites. By submitting an Entry, you agree to (d) fully release and hold Meta, Twitter, Instagram, Snapchat, YouTube, Reddit, Pinterest, and LinkedIn harmless from liability, and (e) acknowledge that the promotion is in no way sponsored, endorsed, administered by, or associated with Meta, Twitter, Instagram, Snapchat, YouTube, Reddit, Pinterest, and LinkedIn; and (f) release and hold harmless Meta, Twitter, Instagram, Snapchat, YouTube, Reddit, Pinterest, and LinkedIn and their respective parent, subsidiary and affiliated companies, the Prize suppliers and any other organizations and/or persons responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a Entrant’s entry, creation of an entry or submission of an entry, participation in the Contest, acceptance, participation and/or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry.
10. Publicity.
Except where prohibited, participation in the Contest constitutes each prize winner’s consent to Sponsor’s and its agents’ use of each such winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, now known or hereinafter invented worldwide, without further payment or additional consideration. Without limitation, Sponsor may post the Entries of each Entrant, including the photo, to Sponsor’s website and social media platforms.
11. 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 reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. 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 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 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 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.
In the event of a dispute regarding the identity of any Entrant, the authorized account holder of the email address used to enter the Contest will be deemed to be the Entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winner(s) of any prize may be required to show proof of being the authorized account holder to be awarded the applicable prize. All entry information becomes the sole and exclusive property of Sponsor and will not be returned or cancelled.
12. Limitations of Liability.
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by Entrant, or programming associated with or used in the Contest; (b) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Contest; (d) technical or human error, which may occur in the administration of the Contest or the processing of entries; or (e) any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from an/any Entrant’s participation in the Contest or receipt or use or misuse of any prize. 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 Contest. No more than the stated number of prizes will be awarded. If, for any reason, the Contest cannot be executed as planned, including, but not limited to, any governmental order, force majeure, epidemic/pandemic, social media mandate, printing, administrative or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Contest, or if the Contest is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right, in its sole discretion, to cancel, modify or terminate the Contest and, if terminated before the original end date, to select the winners from among all eligible, non-suspect entries received as of the date/time of termination.
BY ENTERING THE CONTEST, ENTRANT AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE(S) AWARDED WILL BE LIMITED TO ACTUAL, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (2) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER AGAINST THE CONTEST ENTITIES. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASING PARTY.”
13. Disputes
Except where prohibited by law, as a condition of participating in this Contest, each Entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of JAMS and held at the JAMS regional office nearest the sponsor; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will any Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Promotion), and Entrant further waives all rights to have damages multiplied or increased. Entrants further agree that any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prize awarded shall be resolved individually, without resort to any form of class action. 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 Terms & Conditions, or the rights and obligations of the Entrant and/or Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Utah, without giving effect to any choice of law or conflict of law rules (whether of the State of Utah or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Utah.
Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, Entrant agrees that, by participating in the Contest, (i) any and all disputes, claims, and causes of action arising out of or in connection with the Contest shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Contest, but in no event attorney’s fees; and (iii) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.
14. Entrant’s Personal Information.
When participating in the Promotion, you expressly agree to receive email promotional communications from Sponsor unless and until you opt-out at any time. This Promotion including information collected from Participants is subject to and governed by Sponsor’s Privacy Policy, which is available at https://www.christensenarms.com/privacy-policy/.
15. Contest Results.
For Contest results, send a hand-printed, self-addressed, stamped envelope to: “Winner’s List” c/o Christensen Arms’ Aim True Photo Contest, 550 N. Cemetery Rd., Gunnison, UT 84634. Requests for the Winner’s List must be received by Sponsor within sixty (60) calendar days after the end of the Contest Entry Period.
16. Questions
Should Entrant have any questions, please email: promotions@christensenarms.com, and include the following in the subject line: “Aim True 2023 Photo Contest”.