Images At The Front Photo Contest

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IMAGES AT THE FRONT PHOTO CONTEST - OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

1. PROMOTION DESCRIPTION:

The IMAGES AT THE FRONT PHOTO CONTEST ("Contest") begins on MARCH 1, 2019 at 12:00:01 AM (CST) and ends on JULY 15, 2019 at 11:59:59 PM (CST) (the "Promotion Period"). The sponsor of this Contest is HARKEN INC ("Sponsor"). By participating in the Contest, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. Sponsor is responsible for the collection, submission or processing of Entries and the overall administration of the Contest. Entrants should look solely to Sponsor with any questions, comments or problems related to the Contest. Sponsor may be reached by email at MARKETING@HARKEN.COM during the Promotion Period.

2. ELIGIBILITY:

Open to legal residents of the UNITED STATES OF AMERICA AND CANADA (EXCLUDING QUEBEC) who are 18 years of age or older at time of entry (the "Entrant"). Sponsor, and their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (the "Promotion Entities"), are ineligible to enter the Contest or win a prize. Household Members and Immediate Family Members of such individuals are also not eligible to enter or win. "Household Members" shall mean those people who share the same residence at least three months a year. "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. This Contest is subject to all applicable federal, state and local laws and regulations, and is void where prohibited or restricted by law. By entering, all entrants agree that they have read these Official Rules, and agree to abide by and to be bound by the terms and conditions of the Official Rules and the decisions of Sponsor, which shall be final and binding in all respects.

3. PRIZES:

The award of the prize is subject to verification of eligibility and compliance with these Official Rules. GRAND PRIZE: One (1) winner will receive a Pewaukee The Way Locals Do It Weekend (“Weekend”) for Grand Prize winner only. Weekend includes (a) round trip airfare from winner’s place of residence to Milwaukee, Wisconsin; (b) transportation from and to Milwaukee Mitchel International Airport; (c) lodging for two (2) nights at a hotel in Pewaukee; (d) private tour of Harken World Headquarters; (e) assemble and take home one Harken 150 Cam-Matic cleat and one Harken Carbo Block; (f) social gathering hosted by Peter Harken; (g) meals: dinner on Friday and Saturday, lunch on Saturday and Sunday; (h) spectating the E Scow Blue Chip Regatta aboard a spectator boat; (i) ground transportation within Pewaukee. (approximate retail value or "ARV": $1,500.00)

Prizes cannot be transferred, redeemed for cash or substituted by winner. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. The ARV of the prize represents Sponsor's good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated ARV, the difference will not be awarded in cash. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost or stolen prize items.

This Contest is open to legal residents of all fifty (50) states of the United States of America, The District of Columbia, and Canada (excluding Quebec) and Prize will only be awarded and/or delivered to addresses within said locations. All federal, state and/or local taxes, fees, and surcharges are the sole responsibility of the prize winner. Failure to comply with the Official Rules will result in forfeiture of the prize.

4. HOW TO ENTER:

Enter the Contest during the Promotion Period online by visiting the entry form, which can be found on the following website at http://photocontest.harken.com

There is no limit to the number of unique entries per Entrant. Each Entry by an Entrant must be unique (i.e. multiple entries of the same Photo will not qualify as eligible Entries). All Entries must be received by 11:59:59 PM (CST) on July 15, 2019 to be eligible for the Contest.

Any attempt by any Entrant to enter by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that Entrant's Entries and that Entrant may be disqualified, at the sole discretion of Sponsor. Use of any automated system to participate is prohibited and may result in disqualification. Contest Entities are not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Entries, which may be disqualified. In the event of a dispute regarding who submitted an Entry, the Entry will be deemed submitted by the authorized account holder of the Email Account from which the Entry was submitted. "Authorized account holder" is defined as the natural person who is assigned the e-mail address used to create the Account associated with an Entry, by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with relevant e-mail address. No automatically generated Entries will be accepted.

5. PHOTO REQUIREMENTS, RESTRICTIONS, AND LICENSE:

Entrants (or Entrant's parent/legal guardian, if Entrant is deemed a minor in the state/province of his/her residence) agree to and understand that the Photo will be made available to the public, including without limitation, posting on the Internet. Whether or not the Photo is published on the Internet, Sponsor makes no representation or warranty regarding the confidentiality of any Photo.

Each Photo must be an original creation of the submitting Entrant. The Photo must be under no restriction, contractual or otherwise, that will prevent Sponsor's use of the Photo and each Photo must be free of any and all liens, encumbrances and claims of third parties. Entrant (or Entrant's parent/legal guardian, if Entrant is deemed a minor in the state/province of his/her residence) acknowledges, agrees, represents and warrants that, nothing in the Photo infringes on any copyrights, confidential information, trade secrets or trademarks belonging to any person or entity other than the Entrant absent a suitable license, clearance or permission agreement (proof of which may be required upon submission), or violates any person's rights of privacy or publicity and that all necessary releases and permissions have been secured from any entity with any rights in or to the Photo. Entrant (or Entrant's parent/legal guardian, if Entrant is deemed a minor in the state/province of his/her residence) agrees to indemnify and hold harmless each of the Contest Entities and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting this Contest, and their respective parent, subsidiaries, and affiliates and each of their respective officers, directors, members, employees, agents and subcontractors (collectively, the " Released Parties"), from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by Entrant of these Official Rules or the warranties and representations made by Entrant herein. Modifying, enhancing or altering a third party's preexisting work does not qualify as Entrant's original creation.

By submitting the Photo, the Entrant (or Entrant's parent/legal guardian, if Entrant is deemed a minor in the state/province of his/her residence) grants Sponsor, for no additional compensation other than entry into the Contest, a non-exclusive, royalty-free, worldwide, perpetual license to publish, make available to the public, reproduce, edit, modify, exploit, make derivative works from or otherwise use the Photo through any and all media available at any time during, or after, the Contest Period on any related websites, in any Contest materials, whether related or un-related to the Contest, and at any other location, whether physical or online, that Sponsor, in its sole discretion, deems appropriate. In addition, Entrant (or Entrant's parent/legal guardian, if Entrant is deemed a minor in the state/province of his/her residence) warrants that any so called "moral rights" in the Photo have been waived and Entrant acknowledges and agrees that Sponsor may use any ideas from any Photo or other submitted materials, whether or not Entrant has been awarded a Prize (defined above in Section 3) in connection with any such Photo or other materials. Entrant (or Entrant's parent/legal guardian, if Entrant is deemed a minor in the state/province of his/her residence) agrees to release, defend, indemnify and hold harmless each of the Released Parties from all claims, demands, and causes of action of any nature whatsoever which Entrant or Entrant's heirs, representatives, executors, administrators, or any other persons acting on Entrant's behalf or on behalf of Entrant's estate, have or may have by reason of: (i) Sponsor's exercise of any rights granted by Entrant in this paragraph; (ii) claims based on violation of any right of publicity, rights of personality or any other rights, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Sponsor's use of the Photo and any portion thereof, or the likeness of any natural person therein.

Entrants are responsible for securing necessary permissions and licenses for any persons and/or materials contained in the Photo.

If Entrant did not take submitted Photo, it is the Entrant's responsibility to secure necessary permissions from photographer to enter Photo into Contest.

6. PHOTO CONTENT RESTRICTIONS:

Contains or depicts someone smoking or intoxicated;

Violates or infringes another's rights, including without limitation, privacy, publicity or intellectual property rights, or that constitutes copyright infringement;

Contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

Contains any unacceptable clothing or adornments, or displays any commercial/corporate advertising other than that of Sponsor;

Contains indecent or unsafe behavior or situations, profanities or obscenities, including but not limited to use of firearms/weapons/ammunition, nudity, gambling, or pornography, or is otherwise inappropriate, indecent, profane, obscene, violent, hateful, tortuous, slanderous or libelous;

References persons or organizations without their written permission other than that of Sponsor;

Disparages any persons or organizations;

Includes threats to any person, place, business, or group;

Is unlawful, in violation of or contrary to all applicable federal, state, provincial, municipal, territorial or local laws and regulations;

Contains anything that is determined to damage or diminish the goodwill of the Released Parties, as determined by such entities solely in their respective discretion; or

Failure of any Photo to comply with the above "Photo Requirements" and “Photo Content Restrictions," as determined by Sponsor, in its sole discretion, may result in disqualification of Entrant. Without limitation, Sponsor reserves the right in its sole discretion to disqualify any Entry that, in their sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Contest or any other person or entity, does not comply with these Official Rules or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein. Entries shall not be acknowledged or returned. Photos must be suitable for presentation in a public forum, in the sole determination of Sponsor.

7. WINNER SELECTION:

After the close of the Contest Period, a committee of judges consisting of employees of Sponsor will review each of the eligible Entries and score each based on the quality of the image, based in part on the publicaly available entry criteria. The Entry with the highest scores will be declared the Grand Prize Winner. Decisions of judges are final and binding in all respects. Sponsor reserves the right to select no winner if the quality or quantity of eligible entries is insufficient.

8. WINNER NOTIFICATION:

Winner will be notified by email at the email address provided in the Entry Information approximately 48 hours after the close of Contest Period. Potential Winner must accept a prize by email as directed by Sponsor within five (5) days or one hundred and twenty (120) hours of notification. Sponsor is not responsible for any delay or failure to receive notification for any reason, including inactive email account(s), technical difficulties associated therewith, or Winner’s failure to adequately monitor any email account.

Each Potential Winner (or Potential Winner's parent/legal guardian if the Potential Winner is deemed a minor in the state/province of his/her residence) must meet all eligibility requirements and may be required to provide proof of U.S./Canadian residency. If a Winner is from Canada, they will be required to correctly answer a time-limited skill testing question without any assistance in order to be eligible to receive the Prize or such Prize will be forfeited. The Winner may be required to sign and return an affidavit of eligibility and release of liability, and a Publicity Release (collectively \"the Prize Claim Documents\"). No substitution or transfer of a prize is permitted except by Sponsor. If any Prize notification or attempted notification is returned as undeliverable, the Prize will be forfeited and may be awarded to an alternate Winner. By accepting the Prize, each Winner (or Winner's parent/legal guardian if Winner is deemed a minor in the state/province of his/her residence) represents and warrants they are in compliance with these Official Rules.

At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate Winner may result from any of the following: [a] the failure of notification due to deactivation of the Winner's Account prior to receipt of notification; [b] Winner's failure to respond to Sponsor's notification and direction.

9. PRIVACY:

Any personal information supplied by you will be subject to the privacy policy of the Sponsor posted at https://www.harken.com/content.aspx?id=7791. By entering the Contest, you grant Sponsor permission to contact the Entrant via the Account as provided with the Entry for the purpose of administration and prize fulfillment, including use in a publicly available Winners list.

10. LIMITATION OF LIABILITY:

Sponsor assumes no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Sweepstakes; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Sweepstakes; (d) inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof; (e) suspended or discontinued Internet, wireless or landline phone service; or (f) any injury or damage to participant's or to any other person’s computer or mobile device which may be related to or resulting from any attempt to participate in the Contest or download of any materials in the Contest.

If, for any reason, the Contest is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest in whole or in part. In such event, Sponsor shall immediately suspend all drawings and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total ARV as set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor. Sponsor and Released Parties shall not have any further liability to any participant in connection with the Contest.

11. WINNER LIST/OFFICIAL RULES:

To obtain a copy of the Winner List or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to HARKEN INC. cc: IMAGES AT THE FRONT PHOTO CONTEST at P.O. Box 7, Pewaukee, WI 53072-0007. Requests for the names of the winners must be received no later than February 17, 2019 after the Promotion Period has ended. For accessing a Winner List online, visit www.harken.com. The winner list will be posted after winner confirmation is complete.

12. SPONSOR & ADMINISTRATOR:

HARKEN INC, P.O. Box 7, Pewaukee, WI 53072-0007. marketing@harken.com