Guidelines, Terms and Conditions
By participating in this promotion (the "Promotion") and making a submission for inclusion in Hopeful Tails (the "Book"), each entrant fully and unconditionally agrees to and accepts these Submission Guidelines and the decisions of Wiley Publishing, Inc. ("Wiley") editors and staff, which are final and binding in all matters.
1. Submissions. All submissions must include a completed submission form and consist only of original photographs and materials prepared or created by entrant. By making a submission, entrant (i) grants to Wiley the right and license to publish all materials and photographs submitted by entrant in all versions and editions of the Book, in all media of expression now known or later developed, and in connection therewith, including on the cover and in any advertising and promotional material related thereto, for the full term of the copyright in the Book, including all extensions thereof without any further payment or consideration and (ii) warrants that all materials and photographs are original and do not infringe upon the rights of any third party. Entrant shall indemnify and hold harmless Wiley and Borders, Inc., its parent, affiliates, subsidiaries, agents, employees and assigns ("Borders") from any damages arising from a breach of entrant's warranties. All entrants must include a valid e-mail address, and must agree to being notified via e-mail regarding the Book's publication. All stories and information must be contained on the submission form; we will not be able to accept material sent via e-mail. Wiley reserves the right to edit stories for length, grammar, and style. Wiley reserves the right to edit or re-write figure captions for length, grammar, and style. Photos must be in JPEG format. If your camera supports it, we prefer RAW or TIF mode. Photo image size must be approximately 3.2 megapixels—a minimum screen resolution of 2160 X 1440 pixels, with a dpi (dots per inch) no lower than 72dpi (300dpi is preferred). We will not be able to consider any photos at a lower resolution.
2. Favorite Submission. Wiley shall review submissions and select one submission to be featured in advertising and promotional materials for the Book. The entrant who makes the winning submission shall receive a Howell Book House book library. Submissions by employees of Wiley and Borders Group, Inc., shall not be considered for receipt of the book library.
3. Publicity. Except where prohibited, submission of materials shall constitute your consent to Wiley's use of your name, likeness, voice, opinions, biographical information, hometown, and state in all versions and editions of the Book, in all media of expression now known or later developed, and in connection therewith, including on the cover and in any advertising and promotional material related thereto without further payment or consideration.
4. General Conditions. Wiley reserves the right to cancel or modify the Submission Guidelines if fraud, technical failures, or any other factor beyond Wiley's reasonable control impairs the integrity of the process, as determined by Wiley in its sole discretion. Wiley's failure to enforce any term of these Submission Guidelines shall not constitute a waiver of that provision.
5. Release. By making a submission, entrant agrees to release and hold harmless, Wiley Publishing, Inc., and Borders, Inc. and each of their related companies, and each of their respective officers, directors, employees, shareholders, and agents from and against any claim or cause of action arising out of the submission or publication of the submission.
6. Limitations of Liability. Wiley is not responsible for: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of entries, whether caused by the sender or any of the equipment or programming associated with or utilized in the Promotion; (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 submissions; or (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 Promotion.
7. Disputes. Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with the Promotion, other than the administration of the Promotion, shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of New York or the appropriate New York State Court located in New York County, New York; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with making a Submission to the Promotion but in no event 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, 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, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Submission Guidelines, or the rights and obligations of the entrant and Wiley in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
8. Entrant's Personal Information. Information collected from entrants is subject to the Privacy Policy for Wiley.