Eligibility: Contest is open to all legal residents of the United States of America aged 18 and over at the time of entry. Contest is subject to all applicable federal, state and local laws and is void where prohibited.
Contest Entry Period: The Contest begins at 8:00 a.m. on August 1, 2021, and ends at 11:59 p.m. on August 15, 2021 (the “Contest Period”). All times noted for the Contest Period are Eastern Time. To be eligible, entries must be received within the Contest Period.
How to Enter: To enter, submit a photo that you have taken of a single plant, tree or shrub; closeup of a flower, fruit or vegetable; or a garden or landscape scene by following the instructions given on the entry website at jessicadamiano.com/contest-rules (the Site). Photos must be available in a hi-res format (6-megapixel camera or better is recommended). All Entries must be submitted via email to jessica@jessicadamiano.com in order to be eligible.. There is no limit on the number of Entries any one person can submit; however, each Entry submitted by any person must be substantially different from any other Entry submitted by that same person and must be submitted via a separate email. Duplicate Entries will be void. All Entries become the sole property of Jessica Damiano and will not be returned. No responsibility is assumed for late, lost, damaged incomplete, illegible, or misdirected submissions. No responsibility is assumed for technical, hardware, software or other online entry malfunctions of any kind or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the sender, or by any of the equipment or programming associated with or utilized in the Contest which may limit the ability to participate, or by any human error which may occur in the processing of the Entry. If for any reasons (including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, which corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Contest), or cancellation of the publication of Jessica Damiano’s 2022 Day-by-Day Garden Calendar or any other cause beyond the control of Jessica Damiano, or the Contest is not capable of being conducted as described in these Official Rules, Jessica Damiano shall have the right, at her sole discretion, to cancel, terminate, modify or suspend the Contest.
Requirements of Entries: Each Entry must be the original work of the entrant, must appear in its original form, without digital enhancement, 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. If the Entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, before submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Jessica Damiano in the manner set forth in these Official Rules, including without limitation, name and likeness permissions from any person or entity whose subject appears in or is identifiable in the Entry.
Jessica Damiano reserves the right to request proof of these permissions in a form acceptable to her from any entrant at any time. Failure to provide such proof may, if requested, render Entry null and void. Entrant understands that Jessica Damiano has no obligation to display or otherwise include the Entry in any publication or Website. By submitting an Entry, entrant warrants and represents that he/she/they, on his/her/their own behalf and on behalf of any children or legal wards of the entrant, if any, consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein. By submitting your Entry, you agree that your Entry conforms to these Official Rules and that Jessica Damiano, in her sole discretion, may disqualify your Entry for any reason, including if she determines, in her sole discretion, that your Entry fails to conform to these Official Rules in any way or otherwise contains unacceptable content as determined by Jessica Damiano, in her sole discretion. By submitting your Entry, entrants grant to Jessica Damiano a perpetual, unlimited, transferable, exclusive license to use their Entry in editorial publications, advertising material, for promotional purposes, on websites and mobile/tablet applications, and in any other media form whatsoever that Jessica Damiano may choose without further compensation unless otherwise prohibited by law. By submitting your Entry, you agree to assume all liability for and indemnify and hold harmless Jessica Damiano her associates, affiliates, beneficiaries, employees, contractors and agents from any and all claims arising out of the publication or use of your Entry, including without limitation any failure of your Entry to comply with these Official Rules or any representations being made by you herein.
Judging: Jessica Damiano will judge all eligible entries received. Entries will be judged with equal consideration given to: (i) image appropriateness for Jessica Damiano’s 2022 Day-by-Day Garden Calendar (we’re looking for photos of plants and gardens), (ii) composition, clarity and color, and (iii) location and interest of subject matter. The decisions of Jessica Damiano with respect to the selection of the Winner and in regard to all matters relating to this contest are within Jessica Damiano’s sole discretion and shall be final. Winners will be notified in September 2021, via email, regular mail and/or telephone.
Prizes: Twelve (12) winners shall receive the following prizes: Appearance of winning photo in one edition of Jessica Damiano’s 2022 Day-by-Day Garden Calendar, and one (1) physical copy of Jessica Damiano’s 2022 Day-by-Day Garden Calendar. Total maximum prize value for each prize in the contest is no more than $24.95.
Winners are solely responsible for all state, local or federal taxes associated with the winning of the prize. Prize does not include any travel expenses, insurances of any kind, personal expenses, gratuities, incidental charges or any other costs not specifically described in these Official Rules as part of the prize and will be the responsibility of each winner. In the unlikely event that any part of the prize events/components become unavailable, for any reason whatsoever, each prize winner agrees that Jessica Damiano and her agents shall have no further obligations other than to deliver the remainder of the prize. Any difference between the stated value and the actual value of a prize will not be awarded to the winner. Prizing may be subject to expiration dates and will not be extended. Prizing is not refundable or redeemable for cash or credit at any time, nor will prizing be replaced if lost or stolen. Prize may not be sold or transferred to a third party. No substitutions are allowed, except by Jessica Damiano in her sole discretion. Jessica Damiano may, in her sole discretion, substitute a prize of equal or greater value. Other prize restrictions may apply.
General Conditions: By accepting a prize, each winner grants to Jessica Damiano and affiliates the right to use his or her name, likeness, image, voice, testimonial and/or biographical information in advertising and promotion in all media without further compensation or permission, except where prohibited by law. By acceptance of prize, each winner agrees to release, indemnify and hold harmless Jessica Damiano and her parent companies, affiliates, employees, contractors and agents from any and all liability for injuries and damages sustained in connection with the acceptance and use of the prize. Prize winners will be required to submit a written release within five (5) calendar days of notification and before distribution of prize. Any prize notification not responded to within forty-eight hours, any affidavit/release returned as undeliverable, and/or failure of winners to return the affidavit and release as required herein will result in disqualification from the Contest, prize forfeiture, and in an alternate winner being selected from all remaining eligible entries. In the event a winner fails to claim his/her prize or fails to meet the eligibility requirements, such winner will forfeit his/her prize and an alternate winner will be selected from all remaining eligible entries. If a winner is unwilling or unable to accept any portion of the prize package, that portion of the prize will be deemed as forfeited by the winner and no substitution will be made except at Jessica Damiano’s sole discretion.
DISPUTES/CHOICE OF LAW: EACH ENTRANT AGREES THAT THIS CONTEST SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK AND: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY STATE OR FEDERAL COURTS SITUATED IN NEW YORK, (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT ATTORNEYS’ FEES, (C) NO PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, MAY BE AWARDED, AND (D) ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM SPECIAL DAMAGES AND ALL RIGHTS TO HAVE SUCH DAMAGES MULTIPLIED OR INCREASED.
PRIVACY STATEMENT: Entrants’ information may be used by Jessica Damiano as provided for in these Official Rules.
Winners List: For a list of winners, send a self-addressed, stamped envelope to: Winners List, Jessica Damiano’s Day-by-Day Calendar Contest, 240 Glen Head Rd. #185, Glen Head, NY 11545 by September 30, 2021.
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