By submitting images to Mass Audubon Picture This photo contest (hereafter referred to as "the photo contest"), participants agree to indemnify, defend and hold harmless Mass Audubon, its respective subsidiaries, affiliates, directors, officers, employees, attorneys, agents and representatives, from any and all third party liability for any injuries, losses, claims, actions, demands or damages of any kind arising from or in connection with the photo contest (collectively, "Losses"), including without limitation any third party claim for copyright infringement or a violation of an individual’s right to privacy and/or publicity right. The photo contest is void where prohibited by law.
Each participant in the photo contest (each a "Participant") is responsible for ensuring that he or she has the right to submit photos in accordance with these rules. The photo contest and the Mass Audubon website are provided "as is" without warranty of any kind, either express or implied.
You agree that you will endeavor to settle any and all disputes with Mass Audubon arising out of or in connection with the photo contest amicably through good faith consultations and mediation. In the event that no agreement can be reached, you agree that all disputes shall be settled by means of arbitration in accordance with the Rules of the American Arbitration Association. The award rendered by the arbitrator(s) shall be final and binding upon you and Mass Audubon. The place of the arbitration shall be Boston, Massachuetts.
Mass Audubon is not responsible for any incorrect or inaccurate information, whether caused by website users or by any equipment or programming associated with or utilized in the photo contest, or by any technical or human error that may occur in the processing of submissions to the photo contest, including but not limited to any misprints or typographical errors. Mass Audubon assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Mass Audubon is not responsible for any problems or technical malfunction of any telephone network or lines, computer equipment, servers, providers, computer on-line systems, software, or failure of email on account of technical problems or traffic congestion on the Internet or at any website, including injury or damage to Participant's or to any other person's computer related to or resulting from participating or uploading images or information in the photo contest.
If, for any reason, the photo contest is not capable of completion as planned, including but not limited to, any reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Mass Audubon that corrupt or affect the administration, security, fairness, integrity or proper conduct of the photo contest, Mass Audubon reserves the right at their sole discretion to cancel, terminate, modify or suspend the photo contest.