AGRICULTURE

TERMS AND CONDITIONS FOR SUBMISSIONS TO

“AGRICULTURE AND THE AMERICAN FARMER”

Like thousand of family farms across Ohio, Sunny View Farms LLC takes pride in being a member of the Ohio agriculture community.  In order to showcase this pride, Sunny View Farms LLC is accepting submissions of photographs and captions depicting Ohio farms, farm families, agriculture, and rural life for inclusion in a coffee table book to be printed and published.

Sunny View Farms LLC invites You to submit a photograph with a caption of no more than 500 words for inclusion into “Agricultural and the American Farmer” (“the Book”).  Cash prizes will be awarded to three entrants, and many more pictures and captions will be selected for inclusion in the Book.  The terms, eligibility, and selection for inclusion in the Book and the cash prizes are explained below.

NO PURCHASE IS NECESSARY TO ENTER OR WIN.

1. Submissions of Photographs and Captions. You are invited to submit a photograph and a caption of no more than 500 words for inclusion into the Book.  Photograph must relate to or be inspired by Ohio farms, farm families, and agriculture.  Captions should describe the photograph, tell a short story, or otherwise relate the visual experience to Ohio farms, farm families, agriculture, and rural life.
2. How to Enter. Submit a photograph and caption to the website form provided by Sunny View Farms LLC.  You must provide your first and last name, email, phone number, and year of birth.  You must provide the date or year that the photograph was taken, as well as the location of the photograph.  You must click to agree to and to acknowledge that you have read these Terms and Conditions.  Multiple entries are allowed.
3. Warrant of Rights to Photograph and Caption; Original Work. By submitting a photograph and caption, You represent and warrant that You own and possess all proprietary and intellectual property rights in the photograph, the depictions therein, and the caption, that You are not infringing upon the proprietary and/or intellectual property rights of another person or entity, that your photograph and caption constitute an original work created by You, and that You want your photograph and caption to be eligible for a cash prize as well as for inclusion in the Book regardless of whether or not .  “Original work” means that 1) You took the picture or otherwise own and possess all rights to and derived form the photograph, 2) You have the express permission of any person in the photograph to take, distribute, publish, and otherwise use the photograph, and 3) your caption is not the work of another.
4. Entries eligible for inclusion in the Book and for the cash prizes are subject to these Terms and Conditions.  You must be at least 18 years of age as of the date of entry in order to win a cash prize.  You must be a legal resident of the United States, and not otherwise legally ineligible from receiving a cash prize in the state of Ohio.  Entries are subject to all applicable federal, state, and local laws and regulations.  Entries are void where prohibited by law.
5. Agreement to Terms and Conditions. By submitting an entry, You agree to be fully and unconditionally bound by these Terms and Conditions, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Sunny View Farms LLC or its representatives as final and binding as it relates to inclusion of photographs and captions in the Book, editing of captions prior to inclusion in the Book, and selection of cash prize winners.
6. Period for Submission. Submissions will be accepted for the cash prize via a website form provided by Sunny View Farms LLC beginning on Friday, October 23, 2020 at 12:01 a.m. and ending on Thursday, December 31, 2020 at 11:59 p.m.
7. Cash Prizes. Sunny View Farms LLC will select three winning photographs and captions to receive a cash prize.  First place will receive $500.  Second place will receive $250.  Third place will receive $100.  The method of delivery and form of payment are to be determined by Sunny View Farms LLC.  The cash prize is non-transferrable.  Any and all prize related expenses, including without limitation any federal, state, and/or local taxes, shall be the sole responsibility of the winner
8. The odds of being selected for inclusion into the Book or for a cash prize are dependent upon the number of submissions received.
9. All entries of photographs and captions must fulfill and satisfy all requirements of these Terms and Conditions in order to be selected.  Unless otherwise required by law, Sunny View Farms LLC and its representatives shall have the sole, absolute, and unreviewable discretion to select which photographs and captions will be included in the Book and which entrants will receive a cash prize.  If Sunny View Farms LLC or its representatives believe that You have not complied with these Terms and Conditions, or that You used fraudulent methods or otherwise attempted to circumvent these Terms and Conditions or applicable law, then Sunny View Farms LLC in its sole, absolute, and unreviewable discretion may disqualify your photograph and caption from being considered for inclusion in the Book or for selection for a cash prize.
10. Notification of Selection. If Sunny View Farms LLC selects You as a cash prize winner, Sunny View Farms LLC will first attempt to reach You by email. If no response is received within one week, Sunny View Farms LLC will then attempt to reach You by telephone.  If no response is received within one week of the phone call, Sunny View Farms LLC reserves the right to select a new winner of the cash prize.  Sunny View Farms LLC shall have no liability for failing to reach You due to spam, junk e-mail, or other security settings, or for any incorrect or otherwise non-functioning contact information submitted by You.  Your receipt of a cash prize is conditioned upon compliance with any and all federal, state, and local laws and regulations.  Any violation of these Terms and Conditions by You, as determined in Sunny View Farms LLC’s sole and absolute discretion, will result in your disqualification, and all privileges as a winner will be immediately terminated.
11. Rights Granted by You; Waiver and Release of Photo and Caption Rights. By submitting a photograph and caption, You understand and agree that Sunny View Farms LLC, its representatives, and its successors or assigns shall have the right and license, where permitted by law, to print, publish, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the world, without limitation, your name, age, and likeness (unless You notify Sunny View Farms LLC that You do not want your name and age shared as explained in the Privacy Policy below), along with the photograph and caption, for any purpose without further compensation, notice, review, or consent. SUNNY VIEW FARMS LLC RESERVES THE RIGHT TO EDIT YOUR PHOTOGRAPH FOR FORMATTING PURPOSES AND TO EDIT YOUR CAPTION FOR GRAMMAR, SPELLING, AND ACCURACY AND TO REMOVE ANY CONTENT DEEMED POSSIBLY OFFENSIVE, DEROGATORY, OBSCENE, OR OTHERWISE INAPPROPRIATE IN SUNNY VIEW FARMS LLC’S SOLE AND ABSOLUTE DISCRETION. You grant your rights to and fully license your proprietary and intellectual property rights with respect to the information provided by You, your photograph, and your caption so that Sunny View Farms LLC may creative, print, publish, distribute, and advertise for the Book and/or any subsequent work, whether in print or digital or other media produced and/or published by Sunny View Farms LLC.  In consideration of a chance to win a cash prize for your submission, You waive and release any right to compensation arising from Sunny View Farms LLC’s sale of the Book or other later use of your submission.
12. Privacy Policy. By submitting a photograph and caption, along with the other required information, You are giving permission to Sunny View Farms LLC to use your name, age, photograph, location and year of the photograph, and caption in the Book without further compensation or notice to You. Further, You are giving permission to Sunny View Farms LLC to use your name, age, likeness, and entry for purposes of advertising the Book without further compensation or notice to You, unless otherwise prohibited by law.  Sunny View Farms LLC will not intentionally sell or otherwise release to third parties any email addresses or phone numbers provided by You, and only intends to use this information to contact You if You are selected for a cash prize.  If You do not want your name and age to be used for advertising purposes or in the Book, You must notify and receive confirmation of such notification from Sunny View Farms LLC by the end of the submission period.  Sunny View Farms LLC agrees to take reasonable steps to protect your personal information.
13. No Purchase Necessary. You are not required to purchase or pre-order a copy of the Book in order for your photograph and caption to be included in the Book or selected for a cash prize.
14. Technology Difficulties. Sunny View Farms LLC reserves the right, in its sole and absolute discretion, to modify, suspend, cancel, or terminate these Terms and Conditions and the collection of photographs and captions in the event that Sunny View Farms LLC’s ability to control and/or administer the process explained in these Terms and Conditions is compromised as a result of a computer virus, bug, non-authorized human or artificially intelligent intervention, fraud, or other cause beyond the control of Sunny View Farms LLC. In such case, Sunny View Farms LLC may select submissions for inclusion in the Book or for cash prizes based upon submissions received prior to the technological difficulty.  Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the selection process may be a violation of criminal or civil laws.  Should such attempts be made, Sunny View Farms LLC reserves the right to seek damages to the fullest extent permitted by law.
15. Limitation of Liability. By submitting a photograph and caption, You agree to release and hold harmless Sunny View Farms LLC, its owners, representatives, agents, partners, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, either directly or indirectly, whether caused by negligence or otherwise, from 1) your use of and submission to the website form, 2) technical failures of any kind, 3) unavailability or inaccessibility of any communications, whether by telephone, internet, or otherwise, 4) unauthorized intervention in any part of the entry or selection process, 5) electronic or human error in the administration or process of entries and the selection process, and 6) unauthorized access, use, or theft of any information submitted by You to Sunny View Farms LLC, including personal information.
16. Indemnity for Proprietary or Intellectual Property Infringement. If the content of your photograph and/or caption is claimed to infringe upon the proprietary or intellectual property of any third party, You shall, at your sole expense, defend against and/or settle such claims. You shall indemnify, defend, and hold harmless Sunny View Farms LLC, its owners, and its representatives from any suit, proceeding, claims, liability, loss, damage, cost, or expense that Sunny View Farms LLC, its owners, or its representatives may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right(s).
17. These Terms and Conditions are governed by the laws of the State of Ohio and United States of America, without respect to conflict of law doctrines. As a condition to submitting an entry, You agree that any disputes between You and Sunny View Farms LLC that cannot be agreeably resolved shall be submitted for mediation to a mediator selected by Sunny View Farms LLC.  If mediation does not result in an agreeable resolution to the dispute, such dispute shall be submitted for binding arbitration to an arbitrator selected by You and Sunny View Farms LLC.  If You and Sunny View Farms LLC cannot select an arbitrator, You and Sunny View Farms LLC shall each select an arbitrator, who shall together select an arbitrator.  Any disputes about the arbitrator’s final and binding decision shall be filed in a court having jurisdiction in Morrow County, Ohio.  As a condition to submitting an entry, You also agree that any and all disputes and causes of action shall be resolved individually without resort to any form of class action or joint arbitration.  In no circumstance shall You be entitled to awards for, and You hereby waive all rights to, punitive, incidental, consequential, multiplied, or increased damages, including any attorney’s fees.
18. Consent of Parent or Guardian on Behalf of Minor Child.  Any photograph, caption, statement, quote, or any other media originally created by a minor child under the age of 18 may be submitted on such minor child’s behalf by such minor child’s parent or legal guardian.  Such minor child’s parent or legal guardian shall be deemed to have been the person submitting the entry; however, such parent or legal guardian may assign credit to such minor child for the purposes of any published work, whether in print, digital, or any other medium.  Any submission received by a minor child under the age of 18 without permission of a parent or legal guardian will be rejected unless and until such permission is received in writing, including by digital means.  AS A CONDITION TO SUBMISSION, A PARENT OR LEGAL GUARDIAN SUBMITTING ANY WORK ON BEHALF OF A MINOR CHILD AGREES THAT SUCH PARENT OR LEGAL GUARDIAN AND THEIR MINOR CHILD(REN) SHALL BE BOUND BY THESE TERMS AND CONDITIONS AND THAT THE PERMISSION GRANTED BY THE PARENT OR LEGAL GUARDIAN IS BINDING ON THE PARENT OR LEGAL GUARDIAN AND THE MINOR CHILD.  By accepting these Terms and Conditions, You acknowledge and represent that You are over the age of 18 and that Sunny View Farms LLC may rely on this representation.
19. Consent of Parent or Guardian on Behalf of Minor Child.  Any photograph, caption, statement, quote, or any other media originally created by a minor child under the age of 18 may be submitted on such minor child’s behalf by such minor child’s parent or legal guardian.  Such minor child’s parent or legal guardian shall be deemed to have been the person submitting the entry; however, such parent or legal guardian may assign credit to such minor child for the purposes of any published work, whether in print, digital, or any other medium.  Any submission received by a minor child under the age of 18 without permission of a parent or legal guardian will be rejected unless and until such permission is received in writing, including by digital means.  AS A CONDITION TO SUBMISSION, A PARENT OR LEGAL GUARDIAN SUBMITTING ANY WORK ON BEHALF OF A MINOR CHILD AGREES THAT SUCH PARENT OR LEGAL GUARDIAN AND THEIR MINOR CHILD(REN) SHALL BE BOUND BY THESE TERMS AND CONDITIONS AND THAT THE PERMISSION GRANTED BY THE PARENT OR LEGAL GUARDIAN IS BINDING ON THE PARENT OR LEGAL GUARDIAN AND THE MINOR CHILD.  By accepting these Terms and Conditions, You acknowledge and represent that You are over the age of 18 and that Sunny View Farms LLC may rely on this representation.