New Mexico - Get the Picture

Get the Picture, New Mexico Centennial Photo Challenge

No Purchase or payment Necessary to Enter or Win. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW OR REGULATION. PARTICIPANTS MUST BE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY.

This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook, Inc. You are providing your information to the New Mexico Tourism Department and not to Facebook.

1. CONTEST DATES: The Get the Picture, New Mexico Centennial Photo Challenge (the “Contest”) entry period begins on Friday, January 6, 2012 at 9:00 a.m. Pacific Time (“PT”) and ends on Friday, October 12, 2012 at 12:01 a.m. PT (the “Entry Period”). The Grand Prize Winner will be announced on or about October 14, 2012 (pending verification).

Entry in the Contest does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the New Mexico Tourism Department, 491 Old Santa Fe Trail, Santa Fe, New Mexico 87501 (the “Sponsor”), and COHEN-FRIEDBERG ASSOCIATES, LLC Framingham, MA 01702 (the “Administrator”), whose decisions shall be final and legally binding in all respects.

2. ELIGIBILITY: This Contest is open to legal residents of the 50 United States and the District of Columbia who are eighteen (18) years of age or older at the time of entry. Employees, officers, and directors of Sponsor, Administrator, Contest prize suppliers, and each of their affiliated companies, subsidiaries, licensees, franchisees, distributors, dealers, sales representatives, their advertising and promotion agencies, and any and all other companies associated with the Contest (collectively, the “Contest Entities”), and each of their immediate family members and/or people living in the same household are not eligible to participate. All eligibility is subject to all federal, state, provincial and local laws and regulations. All entries submitted are the property of the Sponsor. The Sponsor's database server clock will be the timekeeper for this Contest.

3. HOW TO ENTER: There are two ways to enter. To access the Facebook Contest page you must "Like" the New Mexico Tourism Department Facebook page via the Like button on the Sweepstakes page.

During the Contest Period, enter the Contest through the New Mexico Tourism Department Contest application on the Facebook Platform (the “Application”) or via the www.newmexico.org. You may access the Application on Facebook at facebook.com/newmexico or online at www.newmexico.org and clicking on the tab (Get the Picture, New Mexico Centennial Photo Challenge) to the “Contest”. Once you are on the contest page, you must create a profile before you will see a gallery page showing 100 various vintage photos of locations from the past 100 years of statehood in New Mexico. You must create an account to upload a photo. To earn an entry, determine where one of the vintage photos had been taken, visit that site location and take an original modern day photo of that same location. Once you have the original photo, complete the required information on the entry form and upload your original photo that matches one of the 100 displayed vintage photos, enter the vintage photo the modern day photo matches, check the box indicating your agreement to the official rules and click on the button to submit your entry. Once your entry is submitted you will receive one (1) entry into the Sweepstakes. Only correct matching photos will be eligible. You will receive one (1) entry into the Sweepstakes for every unique photo (1-100) that is successfully uploaded and matched. NOTE: Entrant may delete any submitted photo at anytime and may also submit an alternate photo for consideration.

LIMIT: You may submit one original matching modern day photo per vintage posted photo however you may enter as many different matching photos as you wish. Maximum number of entries: One per vintage photo (match all 100 and receive 100 entries maximum). The more photos you successfully match the great your chances of winning.

WARNING: ANY PARTICIPANT THAT UTILIZES OR CREATES MULTIPLE FACEBOOK ACCOUNTS OR EMAIL ADDRESSES TO BOOST THEIR NUMBER OF ELIGIBLE ENTRIES WILL BE DISQUALIFIED EVEN IF AN ANNOUNCEMENT OF THE ENTRY WINNING HAS BEEN PUBLISHED. Automated methods of entry and entry by proxy are also prohibited.

BONUS CHALLENGE:
Periodically bonus challenges will be featured for additional prizes. The bonus challenge will be announced on the Home Page and the details will be listed on the Featured page. Enter your original matching photo and receive an entry into that Bonus Challenge. NO BONUS ENTRIES will be entered into the yearlong Sweepstakes. Note: any photo that is entered that does not match the associated vintage photo will not be accepted. You may submit an alternate photo for consideration.

All entries are subject to verification and approval by the Sponsor. Entries that do not meet the requirements for photo specified below or otherwise do not comply with the Official Rules herein may be disqualified. Any attempted form of entry other than as described herein is void. Sponsor will determine in its sole discretion, what constitutes a valid entry. All materials submitted become the property of the Sponsor and will not be returned or acknowledged.

Sponsor reserves the right to cancel or modify the Contest if fraud or technical failures destroy the integrity of the Contest as determined by the Sponsor, in its sole discretion, and to award the prizes based on eligible entries received prior to the cancellation.

Requirements for Photo: Photos must be submitted in .JPG, .GIF, or .PNG format. Photos may not contain any copyrighted or trademarked elements other than elements owned by the entrant. Use of any copyright or trademark elements owned by a third party will result in disqualification of a submission, in the Sponsor’s sole discretion. If a submission depicts any third party, you must have permission from that third party.

Entrant’s Representations: By entering the photo you represent and warrant that the submission does not infringe the rights of any third party (a person not authorizing the use of their photo) and the submission has not been previously published in any medium.

Entry Notes: Once an entry has been submitted, Entrant cannot access/revise entry in any way. No photo, title or description may be obscene, pornographic, violent, cruel, mean spirited, offensive in any manner, or in any other way not suitable to be published. If an entry falls into this category (at the Administrator's sole discretion), their corresponding entry will become void. Entries made on another’s behalf by any other individuals or any other entity, including but not limited to commercial contest/sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for this Contest. Tampering with the entry process or the operation of the Contest is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. By entering, all participants and/or entrants release the Sponsor, and administrator from and against all claims and damages arising in connection with each entrant's participation and/or entry in the Contest and/or his/her receipt or use of the prize awarded in this Contest.

Sponsor is not responsible for problems downloading or uploading of any contest-related information to or from the web site or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any electronic mail entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the web site, or any other technical problems related to web site entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an entrant’s ability to participate in this Contest.

4. PRIZE: Only the prize listed below will be awarded in this Contest.

One (1) Grand Prize: $10,000. Prize awarded in the form of a check made payable in the winner's name.

All taxes on the prize are the Winner’s sole responsibility. Prize is not transferable. Prize will be awarded only if the potential prizewinner fully complies with these Official Rules.

5. WINNER NOTIFICATION: A random drawing will be conducted from all eligible entries received on or about October 14, 2012. Conduct of the drawing is under the supervision of the Administrator. Grand Prize winner will be notified in person and/or by phone and/or by email or mail or express mail using the contact information provided at the time of entry. The potential Grand Prize winner and any third party portrayed in the winning photo, will be required to sign an affidavit of eligibility/publicity and liability release, and return it properly executed, within (10) days of attempted notification as a condition of awarding the prize. The prizewinner must provide the Administrator with a properly completed and executed IRS Form W-9. Any prizewinner with a prize value of $600 or more will receive an IRS Form 1099-MISC. Sponsor shall have no liability for any potential prize winning notification that is lost, intercepted or not received by any potential winner for any reason. If, despite reasonable efforts, any potential prizewinner does not respond within (10) days of the first notification attempt, or if the prize notification is returned as unclaimed or undeliverable to such potential prizewinner, an alternate winner may be selected from all remaining eligible entries. If any potential prizewinner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential prizewinner will be disqualified and an alternate prizewinner may be selected.

6. PUBLICITY RELEASE/ASSIGNMENT OF RIGHTS: Acceptance of any Prize constitutes prizewinner's permission for the Contest Entities to use prizewinner's entry materials, name, photograph, likeness, voice, biographical information, statements and complete address (collectively, the "Attributes"), for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization, (except where prohibited by law), and releases the Contest Entities from all claims arising out of the use of such Attributes.

Each Entrant and Grand Prize winner: (i) grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Photo, in whole or in part, for advertising or promoting the Contest or for any other reason; (ii) waives all moral rights in and to his/her Photo in favour of the Sponsor; and (iii) agrees to release and hold harmless the Releasees from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action that relate in any way to the Entry. The Sponsor/Administrator reserves the right, in its/their sole and absolute discretion and at any time during the Contest, to modify, edit or remove any Photo, if a complaint is received with respect to the Photo, or for any other reason. If such an action is necessary, then the Sponsor reserves the right, in its sole and absolute discretion, to remove the Photo from the Contest.

The Grand Prize Winner further agree to make themselves available and pose for such photographs, recordings, and videotapes as Sponsor or its designees shall request at no additional expense, and the Grand Prize Winner understands, acknowledge, and agree that no such photographs, recordings, motion pictures, and videotapes or other uses of the prizewinner's name, likeness, and voice or any advertising copy, recording, or artwork will be submitted to the prizewinner and that the prizewinner will have no right of approval thereof.

7. DISQUALIFICATION: Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to disparage, annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No incomplete, forged, software-generated or other automated multiple entries will be accepted. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. WARNING: ANY PARTICIPANT THAT UTILIZES OR CREATES MULTIPLE FACEBOOK ACCOUNTS OR EMAIL ADDRESSES TO BOOST THEIR NUMBER OF ELIGIBLE ENTRIES WILL BE DISQUALIFIED EVEN IF AN ANNOUCMENT OF THE ENTRY WINNING HAS BEEN PUBLISHED. Automated methods of entry and entry by proxy are also prohibited.

8. LIMITATION OF LIABILITY: Sponsor, Administrator, Facebook, Inc., and the Contest Entities are not responsible for, and entrant hereby releases Sponsor, Administrator, Facebook, Inc., and the Contest Entities from any claims arising from: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Promotion; (iv) electronic or human error which may occur in the administration of the Promotion or the processing of entries; (v) any injury or damage to persons or property, including but not limited to entrant's computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest and (vi) use of any prize.

9. DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court of the state of New Mexico; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees; and (3) unless otherwise prohibited, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion shall be governed by, and construed in accordance with, the laws of the state of New Mexico, without giving effect to any choice of law or conflict of law rules (whether of the state of New Mexico or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of New Mexico.

10. WINNERS LIST: To obtain the name of the winner, send a self-addressed stamped envelope to: Get the Picture, New Mexico Centennial Photo Challenge, PO Box 2274, Framingham, MA 01703-2274. All such requests must be received by 3/31/2012.