Photo & Go Mother s Day Meet Pitbull 2017 Photo Contest Official Rules

Transcription

1 Photo & Go Mother s Day Meet Pitbull 2017 Photo Contest Official Rules NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES, AGE 18 OR OVER. VOID WHERE PROHIBITED. Send an to hello@photoandgo.com for questions regarding the Contest or these Official Rules. By entering this Contest, entrants fully and unconditionally accept and agree to be bound by these Official Rules. Any violation of these rules may result in disqualification of the entrant. All decisions of the Sponsor regarding this Contest are final and binding in all respects. 1. CONTEST SPONSOR. The Photo & Go Mother s Day Meet Pitbull 2017 Photo Contest is brought to you and sponsored by Photo & Go Holdings, LLC (the Sponsor"). 2. HOW TO ENTER. To enter, participant must enter their first name, last name and address and upload a single photo on photoandgo.com/pitbull between 9:00 am ET 4/27/2017 and 11:59 pm ET 5/14/2017. Limit one (1) entry per person. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different or addresses, accounts, identities, registrations and logins, or any other methods may void that participant's entries and that participant may be disqualified. In the event of a dispute about the identity of any winner, based on an address, the winning entry will be declared made by the authorized account holder of the address submitted at the time of entry. There is no fee to submit an entry. By submitting an entry to the Contest, each entrant agrees to comply with and be bound by these Official Rules and acknowledges that the decisions of the SPONSOR shall be final and binding in all matters relating to the Contest. 3. QUALIFIED ENTRIES. To be qualified for the Contest, an entrant must submit from a valid address one (1) photograph of them and their Mom and no one else. The entered photograph also must (a) be wholly the original work of the participant and not copied from any other source; (b) not have been previously broadcast or published or otherwise distributed or disseminated in any media or format; (c) not be in the public domain; (d) not be in violation of or conflict with the trademark, copyright, rights of privacy, rights of publicity or any other rights of any other person or entity; and (e) not depict, include or contain any content that is indecent, inappropriate, morally objectionable, defamatory, false or misleading or otherwise unfit for dissemination or broadcast, as determined by the Sponsor in its sole discretion. Entries not satisfying these criteria in any respect may be disqualified. If the Sponsor, in its sole discretion, has reason to believe that any entry contains any material that may infringe or violate any law or any rights of a third party, or that the use or broadcast or publication of such entry in the manner described herein may infringe or violate any law or any rights of a third party, the Sponsor may immediately disqualify such entry and take any other measures the Sponsor may deem appropriate.

2 4. ELIGIBILITY. THIS CONTEST IS OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES, AGE 18 OR OVER, WHO AGREE TO COMPLY WITH AND BE BOUND BY THESE OFFICIAL RULES. This Contest is void outside of the United States and wherever prohibited by law within the United States. Employees, officers and representatives of Sponsor and their immediate families (spouse, parents, siblings and children) and household members are not eligible. Entrants may be required to submit further information to assist in the judges' verification of eligibility. 5. AGREEMENT TO OFFICAL RULES: By entering and participating in this Contest, each entrant agrees to be bound by these Official Rules and by the decisions of the Sponsor, which are final and binding in all matters related to this Contest, including winners. Entry Period Begins: Entry Ends: Drawing Date: Entries must be received by: 4/27/2017 5/14/2017 5/15/2017 5/14/ WINNER SELECTION: A random drawing will be conducted by the Sponsor from all eligible entries received during the Entry Period. Three entrants will be randomly selected to receive a video call from Pitbull where he will ask entrants to finish the sentence, Your Mom makes the world a better place because. The Contest Judge(s) shall be such person(s) as may be selected by the Sponsor in its sole discretion and may include employees and staff of the Sponsor (the Judges ). The Judges decisions are final. The Judges will select one (1) Grand Prize winner from among the 3 random entries selected based on the most heartwarming and touching answer given in the video call with Pitbull. The criteria will be applied in the sole discretion of the individual Judges. Prize winner shall be notified by . Sponsor will attempt to notify each entrant selected as a Contest Winner by sending at least one (1) and, at the Sponsor s sole discretion, up to three (3) notifications to the address from which the winning Contest entry was submitted within three (3) days after the last date for submission of qualified entries to that Contest. Sponsor is not responsible for e mail or other communication problems of any kind. If the Contest Winner does not reply to any notification within forty-eight (48) hours, or if the notification is undeliverable for any reason, or the Contest Winner fails to return any required documentation within three (3) business days of delivery to the Contest Winner, such Contest Winner may, in the sole discretion of SPONSOR, be disqualified and in the Sponsor s sole discretion, either no prize will be awarded or an alternate Winner will be selected. The decisions of the Sponsor are final and legally binding in all Contest related matters. 7. PRIZE. One (1) Grand Prize winner will be awarded an all-expense paid trip for two (2) to Las Vegas this summer with the opportunity to see Pitbull perform as well as share moments with him during a dinner meet up. Trip prize includes roundtrip coach air transportation for two (2) people (winner and one travel guest) from an airport near winner's home within the U.S. (airport, carrier and itinerary selected by Sponsor), one (1) double occupancy standard hotel room for two (2) nights, $100 ground transportation stipend, two (2) tickets to a Pitbull concert in Las Vegas, an opportunity for winner and guest to meet Pitbull (exact day, time and location to be determined by Sponsor in it's sole discretion), Selection of date, concert and seating is at Sponsor's sole discretion. ARV $1,800, depending upon winner's point of travel origin.

3 The winner will also be featured on Pitbull s Instagram and Facebook pages at least one time. No substitution, cash redemption or transfer of right to receive prizes is permitted, except in the discretion of Sponsor, which reserves the right to substitute a prize of equal or greater value. Prize consists only of item expressly specified in these Official Rules. 8. GRANT OF RIGHTS. By submitting a photograph (image) as an entry in the Contest, the entrant hereby irrevocably grants to Sponsor and its affiliates, and their respective successors and assigns, a non exclusive, fully paid, royalty free, worldwide, perpetual license, including the unlimited right to sublicense, to use, copy, modify, exploit, adapt, translate, transcode, publicly perform, publicly display, store, reproduce, transmit and distribute the image in any medium now known or later developed, throughout the universe in all languages, including, without limitation, in marketing materials for Sponsor, any affiliated or related businesses or companies, and any promotional partners of Sponsor. Entrant further agrees that Sponsor shall have the first right to distribute the image unless sponsor waives that right, in writing; provided that, Sponsor s first right to distribute shall automatically expire two (2) years from the last date of the Contest in which the entry was submitted for consideration. Entrant retains the copyright and all other rights in the work not granted here to Sponsor. 9. ENTRANT REPRESENTATIONS, WARRANTIES, INDEMNIFICATION AND RELEASE: By entering a Contest, each entrant represents and warrants to the Sponsor that his/her entry is (i) completely the original work of the entrant and depicts themselves and their mother, (ii) not copied from any other source or previously broadcast, published or otherwise distributed or disseminated in any media or format, (iii) not in the public domain, and (iv) not in violation of or conflict with the trademark, copyright, rights of privacy, rights of publicity or any other rights, of any kind or nature, of any other person or entity, including the entrant s mother. Entrant agrees to defend and indemnify Sponsor for any breach of the above representations. By submitting an entry, each entrant agrees to indemnify, defend, release, discharge and hold harmless Sponsor and its parent companies, affiliates, subsidiaries, promotional partners and agents, and all others associated with the development and execution of this Contest, and the officers, directors and employees of each of the foregoing, from any and all claims and liabilities (including reasonable attorneys fees) arising from or in connection with participation in this Contest, including without limitation (a) claims for injury, loss or damage of any kind resulting from participation in this Contest or acceptance or use of any prize and (b) claims based on rights of privacy, rights of publicity, false light, defamation, copyright and/or trademark infringement relating to the submission or exploitation of the entrant's photograph or concept and (c) claims based on breach of the above representations. 10. PERMISSION TO USE ENTRANT S ADDRESS FOR MARKETING PURPOSES: By entering a Contest, each entrant grants to Sponsor (including Sponsor s parent companies, affiliates, subsidiaries, promotional partners and agents) permission to use the first name and last name provided by the entrant, as well as the address from which the entry was submitted and any other of entrant s address(es) that entrant provides to Sponsor in connection with a Contest, permission for Sponsor to use the address(es) for Sponsor s marketing purposes, including for Sponsor and its promotional partners to send s with offers or advertisements of products of the Sponsor and/or Sponsor s promotional partners.

4 11. RELEASE OF CLAIMS: BY ENTERING THIS CONTEST AND AS AN INDUCEMENT TO SPONSOR TO ACCEPT THE ENTRANT S ENTRY INTO THE CONTEST, EACH ENTRANT HEREBY WAIVES ANY CLAIM OR RIGHT OF ACTION AGAINST AND RELEASES AND HOLDS HARMLESS SPONSOR AND RELATED AND AFFILIATED COMPANIES, SUCCESSORS AND ASSIGNS, RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN THE CONTEST OR RECEIPT OR USE OF ANY PRIZE IN ANY RESPECT, INCLUDING IN CONNECTION WITH THE SPONSOR'S USE OF ANY IMAGES SUBMITTED TO THE CONTEST (OR ANY PORTIONS THEREOF). 12. GENERAL TERMS AND CONDITIONS: By submitting an entry, each entrant acknowledges that he or she understands and agrees that the Sponsor s use of the image that the entrant submitted to the Contest, or use of an image containing features, ideas, material, depictions and/or elements similar to or identical with those contained in their entry shall not entitle the entrant to any compensation whatsoever. The Sponsor reserves the right to terminate, modify or suspend this Contest due to any of an act of God; unavoidable accident; epidemic; health of the performer; fire; blackout; act of public enemy; war, riot or civil commotion; enactment, rule, order or act of government or governmental instrumentality or tribunal; strike, lockout or other labor dispute; inclement weather; failure of technical facilities; failure of essential personnel to appear or be available to administer the Contest; an insufficient number of entries submitted; or other cause beyond its control. Sponsor is not responsible for lost, late, illegible, incomplete, damaged, mutilated, misdirected, mis-delivered, or delayed entries, or for technical or human errors or failures of any kind in connection with the submission, transmission, processing or judging of entries. 13. LIMITATION OF LIABILITY: NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, AND ONLY TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, BY PARTICIPATING IN THE CONTEST, EACH ENTRANT AGREES THAT IN NO EVENT WILL SPONSOR OR ANY AFFILIATE, EMPLOYEE OR AGENT OF SPONSOR BE LIABLE TO ENTRANTS OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RELATING IN ANY MANNER TO THESE OFFICIAL RULES, THE CONTEST OR THE ENTRANT S PARTICIPATION THEREIN, EVEN IF SPONSOR WAS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALSO NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, BY PARTICIPATING IN THE CONTEST, EACH ENTRANT FURTHER AGREES THAT IN NO EVENT WILL THE LIABILITY OF SPONSOR OR ANY AFFILIATE, EMPLOYEE OR AGENT OF SPONSOR RELATING IN ANY MANNER TO THESE OFFICIAL RULES, THE CONTEST OR THE ENTRANT S PARTICIPATION IN THIS CONTEST EXCEED THE RETAIL VALUE OF THE PRIZE OFFERED FOR THE CONTEST. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE ENTRANT. IN THE EVENT THAT THE PRECEDING RELEASE IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR VOID FOR ANY REASON, THE ENTRANT

5 AGREES THAT, BY ENTERING THE CONTEST, (I) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OR ACTION ARISING OUT OF OR IN CONNECTION WITH THE CONTEST, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (II) ANY CLAIMS, JUDGEMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE CONTEST, BUT IN NO EVENT ATTORNEY S FEES. 14. GOVERNING LAW: This Contest and any disputes that may arise from or as a result of this Contest shall be governed by and construed in accordance with the laws of the State of Florida, without resort to its conflict or choice of law provisions. All cases and claims pertaining to this Contest must be brought in a court of competent jurisdiction in the State of Florida, County of Palm Beach and each entrant agrees to submit to the personal and exclusive jurisdiction of the courts located within Palm Beach County, Florida. 15. WINNER'S NAME: For the name of a Contest Winner, send a separate self-addressed, postage-paid envelope to Photo & Go 2017 Mother s Day Contest, 2915 S. Congress Avenue, Suite BH Delray Beach, FL Responses will be provided to all requests received within six (6) months from the last day of the contest.