TERMS OF SERVICE
The rules here can be summed up simply as “Don’t lie, cheat, or steal, be respectful of others, play nicely, and have fun.” If you see something that doesn’t look right, please flag or report it to us. Additionally, each contest may have specific rules so be sure to review those before entering.
GENERAL CONDUCT RULES
You will only post images, media, content, etc., that you have all legal rights to use. You will not take other users' content or information without our prior permission. You will not use or otherwise access the Website, using automated means (such as harvesting bots, robots, spiders, or scrapers). You will not upload viruses or other malicious code or otherwise interfere with the operation of the Website. You will not solicit login information or access an account belonging to someone else. You will not bully, intimidate, or harass anyone. You will not post content that is: hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence. We may delete any submission violating this rule and the determination will be made at our sole discretion. Our decisions in this area are final. You will not do anything that could disable, overload, or impair the functionality or appearance of the Website, such as a denial of service attack or interference with page rendering or other functionality. You will not facilitate or encourage any violations of these Terms, our rules, or other policies.
Here are some commitments you make to us relating to registering and maintaining the security of your account. You will not provide any false personal information or create an account for anyone other than yourself. You will not create more than one personal account. If we disable your account, you will not create another one without our permission. You will not use the Website if you are under 13. You will not use the Website if you are not a resident of the United States. You will keep your contact information accurate and up-to-date. You will not share your password or otherwise let anyone else access your account. You are responsible for everything that happens on your account. You will not transfer your account to anyone without first getting our written permission. If you select a username we can, without notice to you, remove it if we think it is necessary. We have the final say on access to this Website, entry screening, and anything that involves our website.
Again, you can only submit entries you possess all the rights to. We will respond promptly to any complaints alleging unauthorized use of intellectual property. See below for more information and a DMCA notice form. You may not submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property, proprietary or other rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights required by these Terms.
You will always own your entry, BUT, by submitting your entry here, you grant us an irrevocable, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to copy, store, display your entry. Use of the entry may be by us or our Sponsors or Partners in any way including but not limited to: (i) displayed on any of our sites, (ii) used in connection with marketing, promotion and/or advertising (iii) shared in social media and/or in any other form of media. Any use of the images will be in our sole discretion with no compensation owed to you or any other person or entity featured in the submission. This license you grant to us includes, but is not limited to, the right to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display all or any portion or component of the entire contents of the entry.
This Agreement will be governed by the laws of the Commonwealth of Pennsylvania. The parties consent and agree that jurisdiction and venue of any actions arising out of this Agreement or relating to the breach or enforcement thereof, will lie in the state or federal courts within Northampton County, Pennsylvania.
PRIZE CONTESTS - GOVERNING LAW
All our Contests will be conducted in accordance with the laws of the Commonwealth of Pennsylvania. This means that all Contests in which prizes are awarded are real contests in which at least a majority of the participants will not win and winning requires a degree of skill and this is not merely a game of chance. All Contests will comply with the following requirements: The nature and approximate value of prizes in each Contest will be disclosed; The deadline for submissions will be disclosed; The opportunity to win a prize will not be conditioned on a minimum number of entries or contest participants; We will keep digital records of each Contest for at least two years after all the prizes are awarded; In addition, all Contests will clearly and conspicuously disclose the rules, terms, and other conditions of each Contest.
DESIGNATION OF WINNERS
Winners will be selected by either: winning the popular vote or by the selection of designated Judges. Contests may have one or both methods for winning and the method, as well as prizes, number of winners, and other elements will be explained on the Contest’s rules page.
The winner of the popular vote is the entry with the most votes at the end of the voting period. Should there be a tie, the tie-breaking process will be as follows: (1) the entry with the most (overall total) social shares; (2) the entry with the most votes on the last day of voting; (3) coin toss.
When winners are selected by Judges, the criteria may be explained on the Contests’s rule page. Our team or any Judges designated by our Sponsors or Partners may (i) select the winners of any contest, or (ii) provide a preliminary list of finalists. The judges interpretation of the criteria is at their sole discretion and no explanation or justification of any decisions will be provided.
If a contest has any randomly selected winners within its prize structure you need not enter to win. Simply email us at email@example.com with "SUBMISSION" and the name of the contest as the subject line. In the body of the email, include your name, age, address, phone number and the following: "I wish to be entered to win the [insert prize description] for the [insert contest name]" and your entry will be included. Please note that if random selections are made based upon a time frame (i.e. daily or weekly designations) your entry will be considered ONLY for that time period in which it was received. Similarly, email entries are held to the same limitation as actual submissions such as number of entries per contest or day and are governed by all other rules and relevant Terms as though they were an actual entry.
No employee or agent of the Website, nor their immediate family members are eligible to win any prizes in any contest. Any person who may otherwise "win" under the terms agrees to forfeit their prize as well as the honor of winning and such rewards will be given to the runner-up.
VERIFICATION AND DELIVERY OF PRIZES
Once the winners are determined, they will be notified by their selected contact information provided in their respective User Account. Notification will be made by us, our Partners and/or Sponsors. Winners may be notified collectively or one or more at a time, as is deemed appropriate and expedient and in whatever order selected.
To be confirmed as a winner and to be awarded the prize, the winning User will be required to confirm ownership of the copyright and any other applicable intellectual property and/or other rights to the User Submission (“Required Confirmation”). Should a prize notification or prize addressed to a particular winning User be returned as undeliverable, a second notice will not be sent and that User will be deemed to have withdrawn from the Contest and forfeited any right to receive the prize. In the case that winner's shipping address is located outside the United States that User will be deemed to have withdrawn from the Contest and forfeited any right to receive the prize.
Winners will be announced after the Required Confirmation is received and the respective winners are confirmed. Prize winners may be announced collectively, one at a time in any order, or in groups. The popular vote winners will be announced within thirty (30) days of the date on which the Required Confirmation is received from the winner. Winners will receive their prizes as quickly as is feasible by us or our Sponsors or Partners and will be notified of shipment.
CONTESTANT’S WAIVER AND RELEASE
By entering the Contest, you release and hold harmless us, our Partners and/or Sponsors and any participating prize providers, as well as any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees and agencies (collectively, the “Promoting Entities"), against any and all claims, demands and liabilities arising out of or relating to the Contest, User's (and each individual member of User's) participation in the Contest and/or any Contest-related activity, including, without limitation, from winner's use or misuse of a prize or any portion thereof. Winners assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest and/or use/redemption of any prize.
Don’t Cheat. Any use of robotic, automatic, programmed or similar methods of participation/voting will void all such submissions/votes by such methods. DISQUALIFICATION
We reserve the right in its discretion to disqualify any person who tampers with or is suspected of tampering with an entry and/or the judging and voting process, including any person attempting to solicit, encourage or obtain automates votes. In addition to the right., we may disqualify all votes from voters that are deemed to be fraudulent.
While we do not charge for mobile access to the Website, via a browser or an application, please realize that your carrier’s rates and/or data charges for such access will apply and we can never be responsible for these charges or refunding any portion thereof.
TERMINATION OF ACCOUNT
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW. THE WEBSITE, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, THE CONTENT, AND/OR USER SUBMISSIONS, AND/OR YOUR USE THEREOF. FURTHERMORE, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND/OR THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE ALSO DISCLAIMED. NO WARRANTIES OR REPRESENTATIONS ARE MADE ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT, USER SUBMISSIONS, AND/OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES CONTAINED THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, THE CONTENT, AND/OR USER SUBMISSIONS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE WEBSITE, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, THE CONTENT, AND/OR USER SUBMISSIONS, (III) THE SALE, PURCHASE AND/OR USE OF ANY GOODS OR SERVICES OBTAINED FROM THE WEBSITE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE WILL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE WEBSITE IS CONTROLLED AND OFFERED BY US FROM OUR FACILITIES IN THE UNITED STATES OF AMERICA. WE MAKE NO REPRESENTATIONS THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
The Appalachian Mountain Club is a 501(c)3 non-profit organization formed under the laws of the Commonwealth of Massachussetts with its branch office at 100 Illick’s Mill Rd., Bethlehem, PA 02108.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any entry or other content infringes upon your copyrights, you may submit a notification to us pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Identification of the copyrighted work(s) claimed to have been infringed;
Identification of the infringing material or activity that is to be removed or access to which is to be disabled (be sure to include information reasonably sufficient to permit us to locate the material);
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of the right allegedly infringed.
A physical or electronic signature of a person submitting the notification.
Please send any DMCA notice to our email address: firstname.lastname@example.org please put "DMCA NOTICE" in the subject line. Or mail via USPS, first class postage paid, to APPALACHIAN MOUNTAIN CLUB, LLC - DMCA NOTICE, ATTN LEGAL DEPT., 100 ILLICK’S MILL RD, BETHLEHEM, PA 18017.