- You are eligible to enter the ThermApparel Cool Photo Contest if you are older than 21 years of age as of October 15, 2017.
- The story can have a maximum of 2,000 characters.
- The photo entry and story must not make claims that your cooling solution caused a health benefit, or any other claim that does not reflect a typical consumer experience.
- The photo entry and story must not contain any content that is lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, obscene, or that otherwise contains inappropriate content or objectionable material as determined by ThermApparel in its sole and absolute discretion.
- The photo entry and story must be your original work, created solely by you, and must not infringe the copyright, trademark, privacy, publicity, or other proprietary rights of any person or entity.
- The photo entry and story must not contain any personally identifiable information of another person without that person’s consent.
- The photo entry and story must not contain any commercial content or trademarks.
- The photo entry and story must not have been previously published or won previous awards.
- The photo entry and story must not contain any material or elements that are not owned by you and/or which are subject to the rights of third parties.
By entering, you agree to release, discharge, indemnify and hold harmless ThermApparel and other participating sponsors and their respective parent companies, subsidiaries, their respective representatives and agents, advertising and promotion agencies, promotion partners and prize suppliers, and all of their respective affiliated companies, employees, officers, directors and shareholders, from and against all claims and damages or liability arising in connection with your participation and/or entry in the Contest and/or your receipt or use of any prize awarded in this Contest or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest.
By submitting your Entry, you accept all Contest rules and agree to be bound by the decisions of the judges, which will be final. You also agree that your Entry or Entries become the sole property of ThermApparel, and ThermApparel reserves the right to edit, adapt, copyright, publish, transfer and use any or all of them, and allow others to do so, without compensation. Except where prohibited, accepting a prize in the Contest constitutes your consent for Sponsors and their nominees to use your Entry, name, likeness, hometown and state for promotional purposes in any media without further payment or consideration. This consent includes, but is not limited to, the Entry and any content gathered by Sponsors.
Sponsors are not responsible for any changes or effects caused to the entrant's computer system as a result of submitting electronic entries. Only entries submitted via the electronic Entry form provided on the website above will be accepted. If the Contest site fails for any reason any Entry received during that time will be deemed a defective Entry. Entries submitted via any other method, including but not limited to U.S. Postal Service, facsimile or other express delivery services, will NOT be accepted. Sponsors and their promotion agencies are not responsible for phone, network, electronic or computer hardware or software failure, or technical failures of any kind, lost or unavailable network connections, fraud, incomplete, garbled or delayed computer transmissions, whether caused by Sponsors, entrants or by any of the equipment or programming associated with or utilized in the promotion or by any technical or human error which may occur in the processing of submissions which may damage a user’s system or limit a participant’s ability to participate in the promotion.
ThermApparel may prohibit any individual from participating in the contest or winning a prize if, in its sole discretion, it determines that said individual is attempting to undermine the legitimate operation of the contest by cheating, hacking, deception, or other unfair practices; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner at any time during the Contest, or with intent to annoy, abuse, threaten or harass any other person.
All issues and disputes regarding any aspect of the Contest, including, but not limited to the construction, interpretation and enforceability of these official rules, shall be governed by the laws of the state of New York, without regard to principles of conflicts of laws. All suits and claims shall be brought in a court of competent jurisdiction situated in Rochester, NY. ThermApparel reserves the right to cancel this promotion at its sole discretion. Winners will be posted on the Internet at www.thermapparel.net/cool-photo-contest.
Sponsors are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, by printing errors or by any of the equipment or programming associated with or utilized in the 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 aspect of the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the announcement of the prizes or in any Contest-related matter or materials; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Contest and/or downloading of any materials related to this Contest. If for any reason an Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Entry in the Contest.
WARNING: 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, ThermApparel reserves the right to seek damages from any such person to the fullest extent permitted by law. ThermApparel’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.