ROPE ACCESS PHOTO CHALLENGE

PHOTO CONTEST RULES

NO PURCHASE NECESSARY. NO PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. 

ELIGIBILITY:  CMC Rescue, Inc., a California corporation located at 6740 Cortona Drive, Goleta, CA 93117, is holding this Photo Contest (the “Photo Contest”) open to entrants who previously submitted images for our 2021 Rope Access Photo Challenge but were not selected as winners, and Photo Contest social media commenters voting on Facebook and Instagram.  It is not necessary for the prior entrants to submit additional photographic materials to participate. CMC reserves the right, but shall have no obligation, to remove duplicate entries and discard resubmissions. This Photo Contest is subject to all applicable federal, state, and local laws. Except as may otherwise be expressly required under applicable local laws of an entrant, the laws of the State of California and the United States govern this Photo Contest. 

PHOTO CONTEST: The Photo Contest begins at 12:00 a.m. PST and ends at 11:59 p.m. PST on the date(s) set forth in the official Photo Contest announcement (the “Promotion Period”). The Prizes (defined below) will be awarded each week based on (1) the number of votes received among all eligible photo entries submitted during the 2021 Rope Access Photo Challenge, and (2) one person selected at random from social media commenters voting on the Photo Contest on Facebook and Instagram. Entry in the Photo Contest does not constitute entry into any other or future promotion, contest, or sweepstakes. 

DETERMINATION OF WINNER: At the end of each week, for the duration of the Photo Contest, the public will vote on the photo submissions by identifying their favorite photo in the comments section of the Throwback Thursday Series social media post. Voters must be age 18 or older to enter their selections. The Photo Contest is in no way sponsored, endorsed, administered by, or associated with, any social media platform on which it may appear, and all information collected as part of the Photo Challenge is strictly for CMC’s use, and is in no way being collected or used by any social media platform. Votes are based on the public’s personal subjective determinations, and only one vote is allowed per person per week. Entrants agree that submissions will be judged by the public based on the suitability of the photograph, the subject matter portrayed, and the degree to which the photo best exemplifies the essence of rope access. Signs or indications of purchasing votes or gaming the voting system in any way will disqualify the participant receiving the votes from the contest and future submissions. Each weekly winning entry will be featured on a CMC Photo Contest webpage as well as CMC social media accounts. CMC’s decisions are final on all matters relating to this Photo Contest. Potential weekly winners will be notified promptly via the email address provided with their submission after the conclusion of each week during the Promotion Period. Potential winners will be required to sign an affidavit of eligibility, acknowledgement and award of prize, liability release and consent form, and any other documents reasonably required by CMC, and return such forms, properly executed, within five (5) business days of issuance of notification. Non-compliance within this time frame or with the Official Rules, or if the Prize or Prize notification is returned as undeliverable, will result in the entrant being disqualified, and the Prize will be awarded to a potential alternate winner. Odds of winning will depend on the number of votes received through comments made on Facebook and Instagram. If an entrant changes his/her email address or social media account after he/she enters this Photo Contest, it is his/her sole responsibility to notify CMC by postal mailing notice to the address (listed below) to be received by the end of the Promotion Period. CMC shall have no liability for a winner’s failure to receive notices due to winners’ spam, junk e-mail, or other security settings, or for winners’ provision of incorrect or otherwise non-functioning contact information. 

PRIZES: One (1) winner will be chosen per week during the Promotion Period to receive a prize consisting of a CMC Skyper Tech Pack (the “Prize(s)”). The Prize is open to anyone age 18 or older that participated in the 2021 Rope Access Photo Challenge. Also, one (1) additional winner will be randomly selected each week during the Promotion Period to receive a Prize.  This Prize is open to anyone age 18 or older that follows CMC on social media and votes on the Photo Contest by posting their comments on Facebook and Instagram during promotional period. While markets are subject to change, the approximate retail value (“ARV”) of the Prize(s) is $159 USD.  CMC will notify potential winners of the ARV of their Prize upon award. The ARV will at no point exceed $500.  Prizes are nontransferable and must be accepted as awarded. Prizes cannot be returned or exchanged for store credit with CMC. No cash or other substitution may be made. Prizes will be awarded only if the potential winner fully complies with these Official Rules, including returning all forms requested by CMC under these Official Rules. Any Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Photo Contest materials are for illustrative purposes only.  

THE WINNER IS RESPONSIBLE FOR REPORTING AND PAYING ANY FEDERAL, STATE, OR LOCAL TAXES (INCLUDING INCOME TAX) THAT MAY APPLY TO ACCEPTING A PRIZE. CMC IS NOT RESPONSIBLE FOR, AND WILL NOT PAY, ANY SUCH TAXES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND CMC HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. CMC’s final determination of winning entry selections are final and binding, subject to these Official Rules. In the event that a winning entry is discovered to be invalid for any reason whatsoever, or the person who submitted the winning entry fails to comply with these Official Rules prior to delivery of the Prize, the Prize may be forfeited and awarded to an alternate winner. 

RISKS: Many of the activities for which a Prize may be used pose a substantial risk of serious injury or death.  Prizes are intended for use by professionals trained and experienced in the use, inspection, and maintenance of such products. All individuals using a Prize must have a professional level of skill. Technical rescue, rappelling, climbing, and the training involved are hazardous activities. Each situation has its own unique conditions and must be evaluated by experienced individuals present. Effective risk management comes from experience, proper training, and good personal judgment.  CMC shall not be liable in the event of the misuse of a Prize, or use of the prize by inexperienced individuals. Additional details regarding the appropriate use of a prize can be found on or with the prize packaging, or online at CMC’s website, AND POTENTIAL WINNERS ARE STRONGLY ADVISED TO REVIEW SUCH MATERIALS CAREFULLY AND IN THEIR ENTIRETY. 

CONDITIONS OF PARTICIPATION: By entering, entrants agree to be bound by these Official Rules including all eligibility requirements. CMC will collect information from entrants solely for the purpose of administering the Photo Contest and to notify the winner. CMC may engage a third-party provider (each, a “Third Party Provider”) to administer certain aspects of the Photo Contest, including without limitation, the online collection of entries and other entry information. The Third-Party Provider will provide entrants’ personally identifiable information to CMC, who except as set forth herein, will use such information in accordance with its online privacy policy.  

INTELLECTUAL PROPERTY OWNERSHIP: By participating in the Photo Contest, each entrant warrants that they are the sole author or owner of, or have the right to use, any submitted copyrightable works, that the works are wholly original with the participant, and that the submission does not infringe any copyright, or any other rights, of any third party of which participant is aware. In addition, each entrant grants to CMC an irrevocable, royalty-free, nonexclusive license to the use of their name, image, likeness, photograph, voice, biographical material, and entry submission for advertising, publicity, and promotional purposes by CMC, or a party designated by CMC, in any and all media now or hereafter known, including but not limited to any online announcements, emails, social media, or catalog without additional compensation, notification, or permission, except where prohibited by law. Each participant will retain all other intellectual property rights in their submissions, as applicable. To participate in the contest, each participant must warrant that there are no legal obstacles to providing the above-referenced nonexclusive licenses of participant rights to CMC. Entrants waive any right to claim ambiguity in these Official Rules. 

LIMITATION OF LIABILITY: ENTRANTS HEREBY AGREE, ON THEIR OWN BEHALF, AND ON BEHALF OF THEIR HEIRS, EXECUTORS, ADMINISTRATORS AND ANY OTHER PERSON WHO MAY TAKE BY, OR CLAIM THROUGH ENTRANT, TO FOREVER RELEASE AND TO HOLD HARMLESS CMC AND ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, LICENSEES, AND AGENTS (COLLECTIVELY THE “RELEASED PARTIES”), FROM ANY AND ALL LIABILITY FOR ANY AND ALL CLAIMS, DEMANDS, DAMAGES, INJURIES, LIABILITIES, LOSSES, AND COSTS AND EXPENSES OF ANY TYPE, KIND, OR NATURE WHATSOEVER, WHICH ENTRANT MAY NOW OR HEREINAFTER BE ENTITLED TO ASSERT OR CLAIM, INCLUDING BUT NOT LIMITED TO (I) ANY AND ALL CLAIM(S) FOR DEATH, INJURY, LOSS OF ENJOYMENT, OR PROPERTY DAMAGE OF ANY KIND ARISING FROM OR IN CONNECTION WITH A PRIZE; (II) ANY AND ALL CLAIM(S) BASED ON PUBLICITY RIGHTS, PRIVACY RIGHTS, PERSONALITY RIGHTS, COPYRIGHT, OR MORAL RIGHTS; (III) ANY AND ALL TAXES LEVIED, ASSESSED OR COLLECTED; AND/OR (IV) ANY OTHER HARM OR LOSS OF ANY KIND, TYPE OR NATURE, WHETHER CAUSED BY, RESULTING FROM, ARISING OUT OF, OR OTHERWISE RELATED TO, WHETHER DIRECTLY OR INDIRECTLY, (A) THE PHOTO CONTEST, (B) A PRIZE, (C) THE POSSESSION, ACCEPTANCE, USE OR MISUSE OF A PRIZE, AND/OR (D) ANY OTHER ACT(S) OR OMISSION(S) IN CONNECTION THEREWITH. Released Parties are not responsible for lost, late, incomplete, illegible, inaccurate, delayed, garbled, damaged, stolen or misdirected submissions, or problems of any kind, whether mechanical, human, or electronic. Released Parties are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, inability to access a website, inability to submit an entry, or fraud, incomplete, garbled, or delayed computer transmissions or inaccurate transcription of entry information, whether caused by CMC, entrants, users, or by any of the equipment or programming associated with or utilized in the Photo Contest or by any technical or human error which may occur in the processing of submissions which may damage a user’s system or limit an entrant’s ability to participate in the Photo Contest. Should any portion of the Photo Contest be, in CMC’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the CMC, corrupt or impair the administration, security, fairness, integrity or proper play, or submission of entries, or should the Photo Contest be unable to run as planned for any other reason, CMC reserves the right at its sole discretion to terminate the Photo Contest and, if terminated, at its discretion, select the potential winner in a random drawing from among all eligible, non-suspect entries received prior to the action taken. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR ANY ONLINE SERVICE RELATED TO THE PHOTO CONTEST OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE PHOTO CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, CMC RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. CMC’s failure to enforce any term of these Official Rules shall not constitute a waiver of such term or any other provision. CMC reserves the right to disqualify any entrant who violates the rules or interferes with the Photo Contest in any manner. If an entrant is disqualified, CMC reserves the right to terminate such entrant’s eligibility to participate in the Photo Contest. Any attempt by an individual to access any website associated with the Photo Contest via a bot script or other brute force attack or any other unauthorized means will result in that individual’s IP address becoming ineligible. Use of automated entry devices or programs is prohibited. 

ENTRANT AGREES THAT: (i) All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants or CMC in connection with the Photo Contest shall be resolved individually, without resort to any form of class action; (ii) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED TO THE ACTUAL PRIZE IN DISPUTE, AND SHALL IN NO EVENT INCLUDE ENTRANT’S ATTORNEYS’ FEES; and (iii) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES OF THE PRIZE IN DISPUTE, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and CMC in connection with the Photo Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. Entrants consent to the exclusive jurisdiction and venue of the appropriate state or federal court situated in California. CMC may modify these Official Rules or the CMC Photo Contest webpage at any time, providing notice of such modifications on the CMC Photo Contest webpage. These Official Rules constitute the entire agreement between CMC and entrants regarding the Photo Contest, superseding any prior or contemporaneous agreements, discussions, or communications between CMC and entrants regarding the Photo Contest. 

WINNERS LIST/OFFICIAL RULES/QUESTIONS: For the name of the winners, after the conclusion of the Photo Contest, or questions concerning these Official Rules, send a self-addressed, stamped envelope to: 

CMC Photo Contest Request
CMC Rescue, Inc.
c/o Marketing Department
6740 Cortona Drive
Goleta, California 93117