Cornerstones

TERMS & CONDITIONS

DISCLOSURE

This is a binding contract. Your continued participation as an Nominee, Voter, or Winner in the Contest, in any manner, signifies your acceptance and agreement to these Terms and Conditions. We may cancel or amend these Contest these Terms and Conditions without prior notice. These Terms and Conditions were last updated on 11/20/2024.
These rules govern what claims you can bring, what damages you can claim, and how disputes between you and Cornerstones Community Partnerships (the “Operator”) relating to your participation as an Nominee, Voter, or Winner (collectively, a “Participant”) in the Contest will be resolved. the sections of these rules titled “Waiver and Limitations of Liability” and “Dispute Resolution” explain what claims you are waiving, what damages you can claim, and contain an arbitration agreement and waiver of class action, which states that you and the Contest entities (each a “Party” and, collectively, the “Parties”) must arbitrate instead of going to a court before a judge and jury, and that all such arbitration claims must be brought in your individual capacity, and not as a plaintiff or class representative or member, or otherwise on behalf of others, in any purported class, collective, or representative proceeding.
Throughout this document, the terms "We," "Our," "Us," and any other similar pronouns or expressions shall be used interchangeably to refer to the Operator and shall be considered to represent the Operator as a whole.
Please note that the disclaimer of warranties, limitations of liability, and governing law, waiver and dispute resolution sections contain important limitations on our liability and our agreement to arbitrate following the laws of New Mexico only.

ELIGIBILITY
The Cornerstones Photography Contest is open to all global residents, except where prohibited by law.
Participants in the Cornerstones Photography Contest must be at least 18 years of age. Any individual under the age of 18 who wishes to enter the Contest can only enter with explicit parental or legal guardian consent. By participating in this Contest, all participants under the age of 18 affirm that they have obtained the required parental or legal guardian consent, and they may be asked to provide evidence of such consent upon request.

ENTRY
1. The Contest opens on November 13th at 10am, mountain time. The closing time and date for receipt of entries is November 30th at midnight, mountain time.
2. One photo entry per contestant will be accepted.
3. You do not need to be a professional to compete.
4. By entering the Contest, the Contestant warrants that they are the original copyright owner of their photo submission and any other associated media (the “Entry”) which is an original work and does not infringe the intellectual property rights, privacy, or any other rights of another person unless they have been granted specific rights by the copyright owner for the sole purpose of entering this Contest.
5. The Operator can refuse to accept an Entry for any reason, including but not limited to:
i. vulgar, obscene, defamatory or malicious content;
ii. content which someone else owns the copyright or other intellectual property rights to, such as imagery, trademarks, logos, etc.;
iii. breach of these Terms and Conditions.
6. By submitting an Entry for the Contest, the Nominee agrees to assign and transfer all rights, title, and interest in and to the copyright of the Entry to the Operator. This assignment encompasses all exclusive and non-exclusive rights associated with the Entry, including but not limited to the right to reproduce, distribute, display, perform, adapt, and sublicense the Entry in any media or format, now known or hereafter devised, for any purpose related to the Contest or otherwise. This assignment is irrevocable and permanent, and will not assert any moral rights or claim any ownership interest in the Entry. The Operator shall have the right to use, edit, modify, and distribute the Entry without any further consent or compensation to the Nominee.

“MOST POPULAR”- PUBLIC VOTE
7. The Operator will select, in its sole, absolute, and complete discretion, which Contestants will participate in the Contest as competitors. Contestants will added to the public voting round. Public voting begins December 1st at 10am, mountain time.
8. The public is invited to vote for their favorite Entries (“the Public Vote”). Each person may vote every time they make a payment (the number of votes will vary depending on the amount of the payment).
9. Since the Contest will be decided based upon votes the public casts, there are no refunds once a vote is cast. As a Voter, you are responsible for understanding this policy. To maintain the integrity of the Contest, there will be no exceptions to this policy.
10. We reserve the right to not accept votes at our absolute and complete discretion if we suspect they were fraudulently cast. We reserve the right to disqualify any winner who engages in activity which could unfairly manipulate the outcome of the Public Vote.
11. In the event of an equal number of votes in a group, the Operator will determine which of the tied Nominees should either be selected as a winner or should go through to the next Round.
12. The Operator will take all reasonable steps to contact the Winners using the details provided by them when they entered the Contest but in the event of any failure to do so or a Winner’s failure to respond within 48 hours, the Operator reserves the right to select an alternative winner.

PRIZES

13. Prizes for the Contest will be awarded to <who are the winners> are as follows:
a. 1st PRIZE: Two Nights at La Fonda on the Plaza: Historic Santa Fe Hotel + a meal
b. 2nd PRIZE: $100
c. 3rd PRIZE: $50
14. No part of any prize is exchangeable, redeemable for cash or any other prize or transferable unless specified.
15. If a prize (or portion of a prize) is unavailable, the promoter reserves the right to substitute the prize (or that portion of the prize) with a prize of equal or greater value and/or specification.
16. Physical prizes will be mailed to the winners and postal address will be confirmed via email before posting. Vouchers will be sent by email to the winner’s email address as written on their entry form.
17. If any winner chooses not to (or is unable to) take their prize or does not claim it within 48 hours of being notified, the prize will be forfeited, and the promoter is not required to substitute the prize. The unclaimed prize will subsequently be awarded to the next runner-up in that category who has not already won a prize.

DONATION PAYMENTS
18. This is a fundraising Competition for Cornerstones Community Partnerships, a United States 501(c)(3) non-for profit organization. Donations raised by purchasing votes during this Competition go directly to Cornerstones Community Partnerships. Cornerstones Community Partnerships will deduct from these donations competition fees, processing fees, prize costs and other operating fees.
19. VOTER DONATION CONTRIBUTIONS ARE DEDUCTIBLE FOR U.S. FEDERAL INCOME TAX PURPOSES IN ACCORDANCE WITH APPLICABLE LAW.

DATA PROTECTION AND PUBLICITY
20. We may use all Contestant Entries for any purpose, including promotion of the Contest, and for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid.

LIABILITY
21. We are not responsible for any damage, loss, or injury suffered by you entering the Contest or accepting the Prize. We are not responsible for any problems or technical malfunction of any computer online systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including any injury or damage to your or any other person’s computer related to or resulting from participation in the Contest.
22. We do not promise that the services relating to the Contest will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition. These services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control. We will not be liable in the event that all or any part of the service relating to the Contest is discontinued, modified or changed in any way.

WAIVER AND LIMITATIONS OF LIABILITY
23. PARTICIPANTS (TO INCLUDE NOMINEES, VOTERS, AND WINNERS) AGREE THAT, IN NO EVENT, SHALL OPERATOR, PROMOTION ENTITIES, APPLICABLE CHARITIES, CONTEST SPONSORS, OR ANY PRIZE PROVIDER (COLLECTIVELY THE “CONTEST ENTITIES”), WHICH INCLUDES THE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS OF EACH, BE LIABLE OR OBLIGATED TO AN NOMINEE, VOTER, WINNER, OR ANY THIRD PARTY IN ANY MANNER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND IN ANY WAY RELATED TO THE CONTEST, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES AND ARBITRATION COSTS. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY.
24. ALL PARTICIPANTS RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CONTEST ENTITIES FROM AND AGAINST ANY AND ALL LIABILITY, WITH RESPECT TO, OR IN ANY WAY ARISING FROM, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, THIS CONTEST, PUBLICATION OR USE OF THE SUBMITTED ENTRIES, NOMINEE NAMES AND LIKENESSES, AND/OR ACCEPTANCE, USE, MISUSE, LOSS, OR MISDIRECTION OF THE PRIZE, INCLUDING LIABILITY FOR PERSONAL INJURY, DEATH, DAMAGES, OR MONETARY LOSS. BY PARTICIPATING IN THE CONTEST, PARTICIPANTS FURTHER AGREE TO RELEASE AND HOLD HARMLESS THE CONTEST ENTITIES FROM AND AGAINST ANY CLAIM: (A) OF AMBIGUITY OR ERROR IN THE CONTEST, THESE TERMS AND CONDITIONS; (B) RELATED TO LOST, LATE, INCOMPLETE, OR MISDIRECTED ENTRIES OR VOTES; (C) FOR INJURIES, DAMAGES OR LOSSES (INCLUDING DEATH) OF ANY KIND RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, USE, LOSS, OR MISDIRECTION OF ANY PRIZE, OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY OR PARTICIPATION IN THIS CONTEST; (D) FOR COPYRIGHT INFRINGEMENT OR VIOLATION OF THE RIGHT OF PUBLICITY BASED ON USE OF THE ENTRIES BY OPERATOR; OR (E) DUE TO ANY ERROR IN THE OFFERING OR ANNOUNCEMENT OF ANY PRIZE.
25. PARTICIPANTS FURTHER AGREE THAT ALL DECISIONS OF OPERATOR SHALL BE FINAL AND CONCLUSIVE ON ALL MATTERS RELATING TO THE CONTEST AND THAT THE CONTEST ENTITIES ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE ENTRY INFORMATION, HUMAN ERROR, TECHNICAL MALFUNCTION, FAILURES, OMISSION, INTERRUPTION, DELETION, OR DEFECT OF ANY TELEPHONE NETWORK, COMPUTER ONLINE SYSTEMS, COMPUTER EQUIPMENT, SERVERS, ACCESS PROVIDERS, OR SOFTWARE, INCLUDING ANY INJURY OR DAMAGE TO PARTICIPANTS OR ANY OTHER PERSONS’ COMPUTER RELATING TO OR RESULTING FROM PARTICIPATION IN THIS CONTEST, INABILITY TO ACCESS THE ENTRY WEBSITE OR ANY PAGES THEREOF, THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF ENTRIES, ENTRY SUBMISSIONS THAT ARE PROCESSED LATE OR INCORRECTLY OR ARE INCOMPLETE, GARBLED, OR LOST DUE TO COMPUTER OR ELECTRONIC MALFUNCTION OR TRAFFIC CONGESTION ON THE INTERNET OR ANY WEBSITE. PROOF OF ENTERING INFORMATION ON THE WEBSITE IS NOT CONSIDERED PROOF OF DELIVERY OR RECEIPT.
26. PARTICIPANTS ACKNOWLEDGE AND AGREE THAT OPERATOR DOES NOT MONITOR FOR OFFSITE ACTIVITY AND IS IN NO WAY RESPONSIBLE FOR MANAGING OR CONTROLLING OFF-SITE ACTIVITY VIA SOCIAL MEDIA AND/OR OTHER THIRD-PARTY PLATFORMS, INCLUDING BUT NOT LIMITED TO NEGATIVE AND DISPARAGING CORRESPONDENCE BETWEEN NOMINEES AND VOTERS, OFFSITE VOTE INCENTIVES, MISLEADING OR DECEPTIVE PROMOTIONAL TACTICS, OR ANY OTHER BEHAVIORS CONSIDERED TO BE MISLEADING OR UNSPORTSMANLIKE.
DISPUTE RESOLUTION AND MANDATORY ARBITRATION
27. You and Operator agree that any dispute or claim arising out of, or relating in any way to, the Contest, your participation in it, these Terms and Conditions, including all issues concerning the construction, validity, interpretation, and enforceability of these Terms and Conditions, Nominee and/or Voter rights and obligations, the rights and obligations of Operator, or the extent of any waiver or release of claims by you, shall be settled by binding and unappealable arbitration administered by the American Arbitration Association, by operation of these Rules, in accordance with its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. All arbitration claims must be brought in your individual capacity, and not as a plaintiff or class representative or member, or otherwise on behalf of others, in any purported class, collective, or representative proceeding.
28. Claims shall be heard by a single arbitrator. The place of arbitration shall be New Mexico, USA, unless otherwise agreed to by the Parties, or is determined by the arbitrator that the arbitration proceeds virtually (by videoconference). The arbitration shall be governed by the laws of the State of New Mexico, USA. Each Party will, upon written request of the other Party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed. Hearings will take place pursuant to the standard procedures of the Consumer Arbitration Rules, although the Parties can appear in person, by video, or telephonically. The standard provisions of the Consumer Arbitration Rules shall apply. The arbitrator will only have the authority to grant any remedy, relief, or outcome that the Parties could have received in court, except injunctive relief. In addition, the prevailing Party will be entitled to recover its attorneys' fees and arbitration fees and costs. Except as may be required by law, neither a Party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder, without the prior written consent of both Parties.
29. If any part of this arbitration provision is deemed to be invalid or unenforceable, then the remainder of this arbitration provision shall remain in full force and effect and shall be construed in accordance with its terms as if the invalid or unenforceable provision were not contained herein.

TERMINATION
30. If for any reason the Contest and/or any Round of the Contest cannot be executed as set forth in these Terms and Conditions, including but not limited to, as a result of acts of God, acts of war, natural disasters, weather, pandemic or epidemic illness, disease, acts of terrorism, computer virus, tampering, unauthorized intervention, fraud, technical failures, or other factors that may corrupt or affect the security, administration, fairness, integrity or proper conduct of the Contest, and/or if the Contest is compromised or becomes technically corrupted in any way, electronically or otherwise, Operator reserves the right to cancel, terminate, suspend, and/or modify the Contest and/or any Round of the Contest with or without prior notice, and Operator shall not in any way be responsible or liable for any such cancellation, termination, suspension, and/or modification of the Contest and/or any phase of the Contest. Further, if the Contest is terminated before the original end date, the Operator reserves the right, in its sole discretion to modify the procedure for selecting the Winner(s), unless the nature of the event giving rise to such termination renders it impossible to select the Winner(s).

STANDARD TERMS
31. In the event that you do not, or are unable to, comply with and meet these Terms and Conditions we may disqualify you. In these circumstances, any prize you win may be forfeited.
32. The Operator may in its sole discretion change the dates of submission and voting for the Contest stipulated herein.
33. The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision. These Terms and Conditions shall be exclusively governed by and construed in accordance with the laws of the state of New Mexico, USA, and any claims brought pursuant to these Terms and Conditions shall be subject to the exclusive jurisdiction of California, United States of America.