By entering the New York Philharmonic's 2008 Concerts in the Parks Photo Contest (the “Contest”), participants agree to indemnify, defend, and hold harmless the New York Philharmonic, its respective subsidiaries, affiliates, directors, officers, employees, attorneys, agents, and representatives from any and all third-party liability for any injury, loss, claim, action, demand, or damage of any kind arising from or in connection with the competition (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 Contest is void where prohibited by law.

Each participant in the Contest (referred to as the "participant") is responsible for ensuring that he or she has the right to submit the photographs in question to the Contest per these rules.

You agree that any and all disputes that cannot be resolved with the New York Philharmonic, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, before a court of competent jurisdiction located in Arlington, Virginia, which court shall apply the laws of the Commonwealth of Virginia without regard for rules of conflicts of law. IN ANY SUCH DISPUTE, PARTICIPANT SHALL NOT BE ENTITLED TO ANY PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES, OR ANY DAMAGES OTHER THAN PARTICIPANT'S ACTUAL OUT-OF-POCKET EXPENSES (IF ANY) ASSOCIATED WITH PARTICIPATING IN THE CONTEST. YOU HEREBY WAIVE ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED. The Contest and the New York Philharmonic’s Website are provided "as is" without warranty of any kind, either express or implied.

The New York Philharmonic 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 Contest, or by any technical or human error that may occur in the processing of submissions to the Contest, including but not limited to any misprints or typographical errors. The New York Philharmonic 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. The New York Philharmonic 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 Contest.

If, for any reason, the 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 the New York Philharmonic that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, the New York Philharmonic reserves the right at its sole discretion to cancel, terminate, modify, or suspend the Contest.