- These terms and conditions together with any specified rules set out in any contest notices (as defined below) are the Contest Rules (“Rules”) and apply to any contest (“Contest”) featured on official channels of communication of author Randal Eldon Greene and/or by his AuthorGreene brand (“Brand”), unless otherwise expressly stated. By entering the contest, entrants agree to be bound by these Contest Rules.
- Rules specific to each Contest are displayed in a notice on the page for such Contest (“Contest Notice”) or in a notice in which the Contest appeared and are incorporated into the Rules. In the event of discrepancy between these terms and conditions and the Contest Notice, the Contest Notice shall prevail.
- Randal Eldon Greene and/or his Brand reserves the right to cancel or amend the Contest or the Rules without notice. Any changes will be posted within these terms and conditions, barring any personal impediments, financial constraints associated with the maintenance of the hosting service, catastrophe, war or military disturbance, or acts of God that make it unreasonable to amend these terms and conditions. A digital copy of a current copy of the terms and conditions and Rules can be obtained by emailing wintergreenewriter@gmail.com. Randal Eldon Greene and/or his Brand reserve the right to refuse requests for paper copies or multiple copies and to direct requester to this page and/or to the Contest Notice.
- In any event of any dispute regarding the Rules, results, and all other matters relating to a Contest, the decision of the judge(s) shall be final and no correspondence or discussion shall be entered into.
Qualifying Entrants
- To qualify to enter a Contest, the entrant (“you”) must be a resident of the United States, unless the Rules otherwise specify. If the Rules state a need for an address or other specific personal information, it shall be required that requested information is sent within 1 week of the contest end date and/or winner notification (“Notification”) of your winning entry to Randal Eldon Greene and/or his Brand. Failure to provided any needed information, such as an address to mail prizes to or any other information necessary to fulfill Contest, is an indication of forfeiture of the Contest and prizes. In the event that the entrant does not qualify as a winner (due to residency or failure to provide requested personal information), an alternative winner may be selected by judge(s) or Randal Eldon Greene or his Brand or a combination of all these.
- Immediate family of Randal Eldon Greene, his and/or his Brand employees and contractors, as well as any immediate family or persons employed by the judge or prize sponsors are not eligible to enter the Contest unless expressly specified in the Contest Notice.
- Additional eligibility requirements may apply to specific Contests (e.g., age, proof of purchase, or social media participation).
- All qualifying entrants agree that any materials submitted by the Contest entrant, unless otherwise specified in the Rules, is considered intellectual property of the entrant. If ownership of submitted materials to Randal Eldon Greene and/or his Brand is made clear in the Contest Notification, Randal Eldon Greene and/or his Brand may make use of submitted materials as is seen fit. All entrants agree that all materials submitted with entry may be used by Randal Eldon Greene and/or his Brand for promotional purposes, displayed, reproduced and distributed, and modified. (See bullet 27 for further rights and exclusions.)
- By entering the Contest, you hereby warrant that all information submitted by you is true, any original materials entered by you are actually yours or the child’s to whom you are a guardian and that in the event of a copyright or intellectual property dispute, you will be held responsible for all legal costs and hereby indemnify Randal Eldon Greene and/or his Brand, judges, and sponsors against all costs, losses, damages, expenses, and liabilities.
- Randal Eldon Greene and/or his Brand assumes that by reading the Rules and/or using the website and/or participating in the contest, you or your guardians have consented to your entry into the Contest and have agreed to the Rules of the Contest.
- Randal Eldon Greene and his Brand reserves the right to disqualify any entrant if it has reasonable grounds to believe the entrant has breached any of the Rules.
- In the event that any entrant is disqualified from the Contest, Randal Eldon Greene and/or his Brand in its sole discretion may decide whether a replacement winner should be selected. In this event, any further entrant will be selected on the same criteria as the original entrant and will be subject to these Rules.
Contest Entries
- Only one entry per person per Contest is allowed (except where the Contest Notice states otherwise). Any entrant who enters more than the permitted maximum will be disqualified. Where a winner has been selected and Randal Eldon Greene and/or his Brand has reason to believe the winner has entered more than the maximum allowed, Randal Eldon Greene and/or his Brand reserves the right to select an alternative winner. Any further winner will be selected on the same criteria as the original winner and will be subject to these Rules.
- Contest entries must be made in the manner and by the closing date and/or time specified in the Rules. Failure to do so will disqualify the entry.
- Entry materials may include original writing, artwork, video, or other materials. If any material for contest entry is required, entrant must submit materials by specified date and time and through the channels stated in the Rules of the Contest. Where materials are required to be original (such as writings or other artwork), by submitting to the Contest, the entrant agrees that all original material is truly original in that it does not violate any copyright laws or infringe on intellectual property. Entrant takes sole legal responsibility and will be solely responsible for any fines and legal fees should copyrighted material or intellectual property of another person or entity be submitted for the contest, used, or redistributed. If Randal Eldon Greene and/or his Brand claim ownership of entrant’s submitted materials, and entrant sent materials that violated any copyright laws, trademarks, or that infringed on intellectual property, the entrant will take sole responsibility for any fines, legal fees, and cost of counsel.
- Contest entries that do not win may still be used and redistributed by Randal Eldon Greene and/or his Brand for promotional purposes. All entrants agree that Randal Eldon Greene and/or his Brand may display any original materials, including artwork, writings, photos, video, and drawings, to promote the contest and the contest winner. Unless otherwise specified, no prizes will be given to runner-ups or secondary winners or any entrant who did not win but whose materials are being used in the manner(s) specified in the Rules. Entrants may request that their original materials be removed from display on the website and other channels of communication by emailing wintergreenwriter@gmail.com. It is the sole discretion of Randal Eldon Greene and/or his Brand how to respond with the request and to what degree the request can be accommodated.
- Proof of posting or email cannot be accepted as proof of delivery. Randal Eldon Green and/or his Brand cannot accept responsibility for any error.
- Randal Eldon Greene and/or his Brand does not accept responsibility for the return of any entries or materials associated with a Contest entry, including those consisting of artistic or other material.
Prizes
- Prize winner will be chosen in the manner specified in the Rules. If not specified, winners will be picked at random from the pool of eligible entries. In all matters, the decision of the judge(s) shall be final and no correspondence or discussion shall be entered into.
- Prize winners will be notified in the manner and within the time specified in the Rules. Return of any prize Notification as undeliverable or failure to reply within 1 week or as specified in the Rules or Notification (whichever timeframe is longest) may result in disqualification and selection of an alternate winner. If more than one prize is awarded, only one prize per entrant will be awarded. Contest winner(s) names may be published on AuthorGreene.com and in other channels of official communication associated with Randal Eldon Greene and his Brand. Randal Eldon Greene and his Brand respects the privacy of his entrants; entrants may request the use of a pseudonym, assuming the entrant did not submit their contest entry publically and under their own name already.
- Claims for prizes must be made in the manner and within the specified time in the Rules and/or the Notification. Failure to claim a prize within the longest stated timeframe or in the manner specified may result in disqualification and selection of an alternative winner.
- Prizes are non-transferable and there is no cash alternative. Randal Eldon Green and /or his Brand reserves the right to substitute prizes of equal or greater value at any time.
- Prizes are awarded at the discretion of Randal Eldon Greene and/or his Brand, and no prizes will be awarded as a result of improper actions by or on behalf of any entrant.
- Where a prize may not be appropriate for a younger contestant, the minimum age for entry will be stated in the Rules and must be observed. Randal Eldon Green and/or his Brand reserves the right to request written proof of age of any winner.
- All taxes, insurances, transfers, spending money and other expenses (including meals or personal expenses, etc.) as the case may be, unless specifically stated, are the sole responsibility of the prize winner.
Intellectual Property Rights and Use of Entries
- Randal Eldon Greene and/or his Brand does not, unless we agree this with you, claim any rights of ownership in your entry. We do claim the right to display your entry (writing, video, artwork, etc.) for promotional purposes, to advertise the contest or contest winner, and to redistribute the entry on multiple channels of communication, which include shareable social media. Where the entry is to be used in a different way (e.g., we are asking to own this) this will be made clear in the Contest Notice.
- In consideration of Randal Eldon Greene and/or his Brand to consider entrants to the Contest, each entrant hereby agrees that Randal Eldon Greene and/or his Brand (and third parties authorized by Randal Eldon Greene and/or his Brand) may make any and all entries available in official publications and on official website and on official social media accounts (e.g., Facebook, Twitter, Instagram, etc.) and any other media, whether now known or invented in the future. You now grant Randal Eldon Greene and his Brand (and third parties authorized by Randal Eldon Greene and/or his Brand) a non-exclusive, worldwide, irrevocable license to use, display, publish, transmit, copy, make derivative works from, edit, alter, store, re-format, sell, and sub-license the entry and entry materials for such purposes.
- Randal Eldon Greene and/or his Brand does not guarantee to use or otherwise make available any entry. Randal Eldon Greene and/or his Brand may, in appropriate circumstances, and at its sole discretion, reject, edit, remove, or disable access to entries that appear to be legally or otherwise problematic or inappropriate or in violation of Rules or stipulations within the prize Notification, or that infringe the copyright or other intellectual property or privacy rights of others, are defamatory, etc., or for any other reason.
- Any entry you make and any information submitted by you must be personal to and relate specifically to you or the person you are representing (e.g. the minor you are a guardian of). You hereby warrant that your entry and all information which you submit and/or distribute will not infringe the intellectual property, trademark, copyright, privacy, or any other rights of any third party, and will not contain anything which is libelous, defamatory, obscene, indecent, harassing, or threatening. If relevant, Randal Eldon Greene and/or his Brand reserves the right, but not the obligation, to screen, filter, and/or monitor information provided by you and to edit, refuse to distribute or remove the same.
Liability
- Randal Eldon Greene and his Brand cannot accept any responsibility for damages, loss, injury, or disappointment suffered by any entrant entering the Contest or as a result of accepting any prize. Randal Eldon Greene and/or his Brand is not responsible for any problems or technical malfunctions of any communication channel used for the entry, including telephone networks or lines, computer online systems, servers or providers, computer equipment or software. Randal Eldon Greene and his Brand is not responsible for failure of any email or entry to be received on account of technical problems or traffic congestion on the internet, including but not limited to telephone or cable or satellite or wi-fi or DSL or any computer lines or signals, nor any web browser issues or software compatibility issues, or any combination thereof, including injury or damage to entrant’s or any other person’s computer or mobile telephone related to or resulting from participation in the Contest. Randal Eldon Greene and his Brand are not responsible for entries and materials lost or damaged in the mail. Nothing shall exclude Randal Eldon Greene and/or his Brand’s liability for death or personal injury as a result of its negligence.
- You agree to indemnify Randal Eldon Greene and his Brand and employees, third parties authorized by Randal Eldon Greene and/or his Brand, contractors, and contest judges against all costs, losses, damages, expenses, and liabilities (including for loss of reputation and goodwill and professional advisor fees) suffered by Randal Eldon Greene and/or his Brand arising as a result of a breach by you of your obligations under these terms and conditions or in any way in connection with your failure to follow instructions with regard to the Rules of the Contest or the prize Notification or in acceptance or refusal of any prize.
- Randal Eldon Greene and/or his Brand shall not be liable to perform any of our obligations under the Contest or in respect to prizes if unable to do so as a result of unforeseen circumstances or circumstances beyond Randal Eldon Greene and/or his Brand’s control and, whilst we may (but shall not be obliged to) endeavor to provide an alternative prize of equal or lesser value, we shall not be liable to compensate you in such circumstances.
Data Protection and Publicity
- Winners may be requested to take part in promotional activity and Randal Eldon Greene and/or his Brand reserves the right to use the names (or pseudonyms, if applicable) of winners in any publicity both in paper and online, including graphic, written, and video use of participants names. Personal addresses, phone numbers, and email addresses of contest entrants shall never be made public, unless requested by entrant and agreed upon by Randal Eldon Greene and/or his Brand, or if explicitly stated in the Contest Notice or in the prize Notification.
- Any personal data relating to entrants will not be disclosed to a third party without individual’s consent. Data relating to entrants will be retained by Randal Eldon Greene and/or his Brand for a reasonable period after the Contest closes. Data, such as email address, may be stored indefinitely by email servers such as Google’s Gmail, or through whatever means communication was made with entrant.
Jurisdiction
- The Contest and the Rules are governed by laws of the United States of America and any disputes or legal actions will be subject to the exclusive jurisdiction of the courts and law offices of the United States of America.
- A Contest is null and void in any district prohibited by law.