#ShowMeYourDiptic Contest

Diptic’s “Show Me Your Diptic” Contest Terms & Conditions

PEAK SYSTEMS IS THE SPONSOR OF THIS CONTEST

The sponsor of Diptic’s “Show Me Your Diptic” Contest (the “Contest”) is Peak Systems (“Sponsor”), 1301 Fifth Avenue, Suite 1225, Seattle, Washington 98101.

TERM OF THE CONTEST

The Contest begins November 27, 2012, 9:00:00 a.m. US Pacific Time and ends December 18, 2012, 12:00:00 a.m. US Pacific Time. Information on how to enter and prizes form part of these Terms & Conditions. By submitting an entry, each entrant agrees to the Terms & Conditions and warrants that his or her entry complies with all requirements set out in the Terms & Conditions. This is a skill based contest and chance plays no part in the determination of winners.

All entries must be submitted and received by December 18, 2012, 12:00:00 a.m. US Pacific Time. Proof of submission is not proof of receipt.

WHO MAY ENTER THE CONTEST

The Contest is open only to U.S. residents who have reached the age of majority in their jurisdiction of residence at the time of entry and who do NOT reside in Arizona, New Jersey or Vermont. Employees of Peak Systems, and its subsidiaries and affiliates, and their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they live) or persons living in the same households of such employees, whether or not related are not eligible. CONTEST IS VOID WHERE PROHIBITED.

By submitting an entry, each entrant agrees to the Terms & Conditions and warrants that his or her entry complies with all requirements set out in the Terms & Conditions.

HOW TO ENTER THE CONTEST

Each entry consists of a single Diptic created with the Diptic App. Entries should be posted to Twitter or Instagram with the hashtag #ShowMeYourDiptic or emailed to contest@dipticapp.com.

REQUIREMENTS AND WARRANTIES TO ENTER CONTEST

Entries must be in digital format. Only online entries will be eligible. No print or film submissions will be accepted for entry into this Contest.

By entering the Contest, entrant represents, acknowledges, and warrants that the submitted Diptic is an original work created solely by the entrant, that the underlying images do not infringe on the copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property rights of any person or entity, and that no other party has any right, title, claim, or interest in the photograph.

Entries that include sculptures, statues, paintings, and other works of art will be accepted as long as they do not constitute copyright infringement or fraud; provided entrants must be prepared to provide a release form as described below in “Release.” When photographing the work of others, it must be as an object in its environment and not a full-frame close-up of another person’s art.

The Diptic must not, in the sole and unfettered discretion of the Sponsor, contain obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content.

Sponsor reserves the right to examine the original source material in order to confirm compliance with these rules.

JUDGING AND WINNERS LIST

Judging will be done by members of the Diptic Team at Peak Systems. Judges will evaluate entries based on creativity, aesthetics and best use of Diptic.

One winner and two runners-up will be selected and notified by email or Twitter. They will be announced on December 21, 2012 on http://diptic.tumblr.com/.

All decisions by judges are final.

CONTEST PRIZES

First Place: $50 iTunes Gift Card
Second Place: $25 iTunes Gift Card
Third Place: $10 iTunes Gift Card

The winner must sign a release and license and will be responsible for paying any taxes they may owe on the prize. If the winner does not respond within seven (7) days of receiving Sponsor’s request or notification, the Sponsor, in its discretion, may select an alternate winner.

If a prize (or part of a prize) is unavailable, the Sponsor, in its discretion, reserves the right to substitute the original prize (or that part of the prize) with an alternative prize to the equal monetary value and/or specification, unless to do so would be prohibited by law.

REQUIRED RELEASES

If the Diptic contains any material or elements that are not owned by the entrant and/or which are subject to the rights of third parties, and/or if any persons appear in the Diptic, the entrant is responsible for obtaining, prior to submission of the Diptic, any and all releases and consents necessary to permit the exhibition and use of the Diptic in the manner set forth in these Terms & Conditions without additional compensation. If any person appearing in any Diptic is under the age of majority in their state/province/territory of residence the signature of a parent or legal guardian is required on each release.

Upon Sponsor’s request, each entrant must be prepared to provide within seven (7) calendar days of receipt of Sponsor’s request a signed release from all persons who appear in the Diptic submitted, and/or from the owner of any material that appears in the Diptic entry, authorizing Sponsor and its licensees (“Authorized Parties”) to reproduce, distribute, display, and create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known. All releases must be in the form provided by Sponsor. Failure to provide such releases upon request may result in disqualification at any time during the Contest and selection of an alternate winner.

Similarly, upon Sponsor’s request, each entrant must be prepared to provide within seven (7) calendar days of receipt of Sponsor’s request a signed written license from the copyright owner of any sculpture, artwork, or other copyrighted material that appears in the Diptic entry, authorizing any Authorized Party to reproduce, distribute, display, and create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known. All releases must be in the form provided by Sponsor. Failure to provide such releases upon request may result in disqualification and selection of an alternate winner.

Finally, upon Sponsor’s request, each entrant must be prepared to provide within seven (7) calendar days of receipt of Sponsor’s request a signed written license from the owner of any private property included in the Diptic entry, authorizing any Authorized Party to reproduce, distribute, display, and create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known. All releases must be in the form provided by Sponsor. Failure to provide such releases upon request may result in disqualification and selection of an alternate winner.

For the purposes of these Terms & Conditions, the entrant will be deemed to be in receipt of Sponsor’s request or notification, (a) in the event that Sponsor sends the request by postal mail, five business days after the request was sent by Sponsor, or (b) in the event that Sponsor sends the request by email or Twitter, on the day that the email was sent by Sponsor.

LICENSE GRANTED TO SPONSOR

By entering the Contest, all entrants grant an irrevocable, perpetual, worldwide non-exclusive license to Authorized Parties, to reproduce, distribute, display and create derivative works of the entries (along with a name credit) in connection with the Contest and promotion of the Contest, in any media now or hereafter known. Entrants consent to the Sponsor doing or omitting to do any act that would otherwise infringe the entrant’s “moral rights” in their entries. Display or publication of any entry on an Authorized Party’s website does not indicate the entrant will be selected as a winner. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use. Additionally, by entering, each entrant grants to Authorized Parties the unrestricted right to use all statements made in connection with the Contest, and pictures or likenesses of Contest entrants, or choose not to do so, at their sole discretion. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use.

LIMITATION OF SPONSOR’S LIABILITY

By entering this Contest, all entrants agree to release, discharge, and hold harmless Peak Systems and its partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives from any claims, losses, and damages arising out of their participation in this Contest or any Contest-related activities and the acceptance and use, misuse, or possession of any prize awarded hereunder.

Peak Systems assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to Contest entries or entry forms; or alteration of entries or entry forms. Peak Systems is not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email entry to be received on account of technical problems or traffic congestion on the Internet or at any website, human errors of any kind, or any combination thereof, including any injury or damage to entrants’ or any other persons’ computers related to or resulting from participation, uploading or downloading of any materials related to in this Contest.

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.

SPONSOR’S RIGHT TO CANCEL OR SUSPEND CONTEST

If for any reason the Contest is not capable of running as planned, due to infection by computer virus, bugs, worms, trojan horses, denial of service attacks, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right, at its sole discretion, to disqualify any individual(s) who tamper with the entry process, and/or to cancel, terminate, modify, or suspend the Contest. If Sponsor elects to cancel or terminate the Contest, Sponsor will not retain any rights in the submitted photographs, and will return the fees submitted with each entry.

California Civil Code Section 1542 Release

Each entrant hereby acknowledges familiarity with and understanding of Section 1542 of the California Civil Code, which provides as follows:

“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Each entrant expressly waives any benefit, right or protection that entrant may have under California Civil Code § 1542.  This waiver, shall be binding upon the heirs, representatives, successors and assigns of each entrant.  Notwithstanding the foregoing or anything to the contrary herein, these Terms & Conditions shall be governed by the laws of the State of Washington as described in greater detail below.

FURTHER CONDITIONS

THIS CONTEST IS VOID WHERE PROHIBITED.

Entrants agree that this Contest shall be subject to and governed by the internal laws of the state of Washington, without giving effect to any choice of law or conflict of laws provision or rule (whether of the State of Washington or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Washington.

All disputes, claims and causes of action arising out of, or related to this Contest: (i) shall be resolved individually, without resort to any form of class action; (ii) shall be resolved exclusively in Seattle, Washington by way of binding arbitration before JAMS and pursuant to the JAMS rules then in effect—the arbitrator’s award may be entered or enforced in any court of competent jurisdiction; (iii) shall be limited to actual out–of–pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees.

As used herein, all pronouns shall include the masculine, feminine, neuter, singular, and plural thereof wherever the context and facts require such construction. The headings, titles and subtitles herein are inserted for convenience of reference only and are to be ignored in any construction of the provisions hereof.

If any provision of these Terms & Conditions are held by a court or adjudicator of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed and enforced to the extent possible or modified in such a way as to make it enforceable, and the invalidity, illegality, or enforceability thereof shall not affect the validity, legality, or enforceability of the remaining provisions of these Terms & Conditions.

The Sponsor reserves the right to verify the validity and originality of any entry and/or entrant (including an entrant’s identity and address) and to disqualify any entrant who submits an entry that is not in accordance with these Terms & Conditions or who tampers with the entry process. Failure by the Sponsor to enforce any of its rights at any stage does not constitute a waiver of those rights.