Facetune Family Photo Contest Contest Terms & Conditions

Transcription

1 Facetune Family Photo Contest Contest Terms & Conditions 1. General By entering the Facetune Family Photo competition on the Facetune Facebook page ("the Contest") you are allowing Lightricks Ltd., the publishing company of Facetune ("Lightricks"), to store and use your information for marketing purposes. Lightricks will not share your information with third parties unless you specifically allow us to do so, and you can opt out at any time by unsubscribing from marketing messages or ing us directly. This Contest is in no way sponsored, endorsed or administered by or associated by Facebook. By participating you hereby release and hold Facebook harmless from this Contest. Entrants are providing information to Lightricks and not to Facebook. By adding submitted photos for entry in the Contest you are granting permission for these images to be used by Lightricks online at and in other online communications. By submitting your entry photo you understand and agree that Lightricks has no obligation to publish it. You must be the author/copyright holder of all images submitted by you in the course of the Contest. One (1) first place Winner one (1) second place Winner, and one (1) third place Winner will be selected. Please read the following Terms and Conditions carefully ("the Terms"). If you enter one of our contests, we will assume that you have read these rules and that you agree to them. Lightricks reserves the right to amend these Terms at any time. If we do so, the amended Terms will be published on the relevant contest page. 2. Eligibility To be eligible to enter the Contest, the entrant must be at least 13 years old. This contest is not open to residents of Cuba, Iran, Myanmar, North Korea, Sudan, Syria, and is void in any other nation, state, or province where prohibited or restricted by the U.S., U.K. or Israeli domestic law. By submitting an entry, each entrant agrees to the Terms and agrees that his or her entry complies with all requirements set out in the Terms. This Contest is void where prohibited; participants/entrants are responsible to ensure their entry complies with their domestic laws. By participating, all entrants agree to abide by these Terms and to accept all decisions made in the course of this Contest by Lightricks, which are final and binding on all matters pertaining to this Contest. 3. Entry To submit an entry ( Entry ), participants must (1) upload a Facetune edited family photo to the form provided on Facetune s facebook page (2) read and agree to these Terms, including the making of the warranties and representations included. The Contest will begin on December 18, 2014, and continue until January 7, 2015 at 11:30 PM EST. There is no limit to the number of photos a participant can submit.

2 Photo submission must be clear and of good quality. Any inappropriate photos will be removed from the Facetune Family Photo Contest and will be disqualified. Lightricks will use its sole discretion to decide upon any disqualification of a photo for being inappropriate, and such a decision will be final, binding, and will not be subject to appeal. Any fraudulent and/or automated entries will lead to disqualification of an Entry. Determination of any such disqualification will be at the sole discretion of Lightricks. Lightricks will not be responsible for lost, late, incomplete, stolen, illegible, illegitimate, impermissible or misdirected Entries for any reason. Entries submitted using any kind of bot or automated technology will be deleted and disqualified. Entries must not have been published previously and/or have been used to win prizes in any other competitions, contests, or promotions. No purchase necessary in order to participate in the Contest. 4. Conditions of Participation, Representations & Warranties A participant who submits a photo must make the following representations and warranties at the time of submission and afterwards: 1. The participant is the sole author and owner of the intellectual property rights in the photo, unless participant has obtained the permission of the photographer who took the photo to upload the photo into this Contest and he/she has agreed to sign a Release granting all rights in the photo to participant, assignable to Lightricks. 2. All moral rights that participant may have in such content have been voluntarily waived by participant; 3. The photo was edited using the Facetune app. 4. Use of the content that participant supplies does not violate these Terms. Each participant who submits a photo agrees and warrants that he/she will not submit any content: 1. that is known by participant to be false, inaccurate or misleading; 2. that infringes any third party s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy for which participant has not obtained a license to use ; 3. that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising);

3 4. that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; 5. for which the participant was compensated or granted any consideration by any third party; 6. that includes any information that references other websites, addresses, addresses, contact information or phone numbers; 7. that contains any computer viruses, worms or other potentially damaging computer programs or files. For the avoidance of any doubt, Lightricks may, but is under no obligation to, monitor or review the contents of the entries and may remove any material that it finds, in its sole discretion, is in any way objectionable or in violation of any applicable law or of these Terms. Responsibility for the content of any information image text or other material submitted as an entry rests solely with the Entrant who submitted it. Each participant agrees to indemnify and hold Lightricks and its officers, directors, agents, employees, and third party service providers, harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys fees, arising out of a breach of his/her representations and warranties set forth in these Terms, or his/her violation of any law or the rights of a third party. 5. Voting After entering, participants may and are encouraged to share and post on social media in order to acquire votes. Each unique Facebook user can vote only once per day for one (1) photo. The top ten (10) photos with the most votes will move the a second judge s or Selection round. Illegal or deceptive votes, including votes under false names or fake social media accounts or bots will not be counted and users associated with these votes may be banned from the contest and/or the Facetune Facebook page. We reserved the right to disqualify any participants from the contest at any time, based on any suspicion of illegal votes, foul play, or otherwise. 6. Selection Out of all eligible photo entries, one (1) first place winner and two (2) second place winners will be chosen for the Facetune Family Photo Contest and may be posted on Facetune s Facebook wall and/or Twitter and/or Instagram and/or Tumblr page. Only the the top ten (10) entries (entries with the most legal votes, via the Woobox application on the Facetune Facebook page) will be reviewed by a selection panel appointed by Lightricks which will select the photo that best encapsulates the possibilities enabled by Facetune, alongside creativity and skill. Selection will take place in the Lightricks offices or at an undisclosed location otherwise determined by Lightricks.

4 7. Contest winners Out of the top ten (10) eligible submissions, three (3) entries will be chosen by Lightricks. All entries will be reviewed by a judging panel appointed by Lightricks, which will review and select the top three (3) photos that best encapsulate the possibilities enabled by Facetune and the essence of the Facetune Family Photo Contest. Judging will take place in the Lightricks offices or at an undisclosed location otherwise determined by Lightricks, on or about January 8, Three (3) prizewinners will be picked out of the top ten (10) entries with the most votes. The winning photos may be posted on the Facetune Instagram account following the selection; and and may be announced via the Facetune Facebook and/or Twitter and/or Instagram and/or Tumblr page and/or published on Winners of the prizes must meet all of the Conditions of Receipt of Prizes as specified below. The Winners must comply with these Terms. False or deceptive entries,acts, or votes will render the participant ineligible. If such information is discovered by Lightricks after each Winner has received notice of his/her prize and before the prize is awarded, Lightricks will withdraw the prize in its entirety. The process of deciding of winners will be conducted by Lightricks, whose decisions on all matters relating to the choosing of the winners shall be final and binding. At the sole discretion of Lightricks, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: (1) a potential winner's failure to respond to notification of his/her win within fourteen (14) days after its transmission; (2) a potential winner's failure to provide Lightricks with satisfactory proof of age, identity and residency; (3) a potential winner's failure to execute and return an Affidavit of Eligibility/Liability/Publicity Release supplied to him/her within seven (7) days after its transmission; and (5) any other non compliance with these Terms. In the event of a prize forfeiture, Lightricks may, in its sole discretion, award or not award the forfeited prize to an alternate winner. By entering or participating in the Contest, participants agree to be bound by these Terms, and by the decisions of Lightricks which are final and binding in all respects. Lightricks is not responsible for: (1) any incorrect or inaccurate information or technical failures of any kind, (2) unauthorized human intervention in any part of the entry process or the drawing; or (3) any other computer, network, technical, human or other error, problem or malfunction that may occur in connection with the administration of the drawing, the processing of entries, or the selection or notification of the winner. Further, if, for any reason, the drawing is not capable of running as planned for reasons outside the control of Lightricks which, in the sole opinion of Lightricks may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Raffle, Lightricks reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the drawing. Lightricks also reserves the right at its sole discretion to disqualify the entry of any individual found to be (a) tampering or attempting to tamper with

5 the entry process or the operation of the drawing or any website operated by Lightricks; (b) using any robotic, macro, automatic, programmed or like entry methods, which will void all such entries; (c) violating these Terms; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person. Lightricks is not responsible for claims, injuries, losses or damages of any kind resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of the prize; participation in this drawing or in any activity or travel related thereto or from any interaction with, or downloading of computer information. By entering the Contest, each Entrant agrees to defend, indemnify, release and hold harmless Lightricks from and against any and all losses, demands, damages, rights, claims, actions and liabilities of any kind arising out of or related to (i) entrant's participation in the drawing or (ii) entrant's participation in any prize related activities (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)). The entrant or winner assumes all liability for any injury, death, or damage caused, or allegedly caused, by participating in this Raffle or use or redemption of the prize. All taxes are the responsibility of the entrants or winner, who may receive an IRS Form 1099 reflecting the final actual value of the prize, if applicable. 8. Prizes One (1) first place winner, if he/she meets the Conditions of Receipt, shall receive an iphone 6 16GB. One (1) second place winner, if he/she meets the Conditions of Receipt, shall receive an Amazon Gift Card worth $100. One (1) third place winner, if he/she meets the Conditions of Receipt, shall receive an Amazon Gift Card worth $50. Only the determined and notified winners may receive the prizes. In the event of a dispute as to the identity of a Winner, the winning Entry will be declared made by the person associated with the unique Instagram account that submitted the entry. If anyone commits any illegal or fraudulent acts or if there are any errors in the administration of this contest that prevents the determination of the prize enumerated above, Lightricks has the right to cancel this contest, including the right to decide not to award any prizes. 9. Notification The three (3) winning participants will be notified via the address submitted using the contest form. It the sole responsibilty of the participant to check the photo for a post revealing the winner and follow the instructions on how to obtain his/her prize within approximately fourteen (14) days of the Contest s end. If the winner(s) fail to respond to contact Lightricks within (14) days of the sent , the prize may be rewarded to a follow up winner.

6 10. Conditions of Receipt of Prize As a condition of receiving a prize, the participants that submitted the winning photos may be required by Lightricks to: (1) sign and complete a form and agree to be responsible for all applicable taxes; (2) sign an Affidavit of Eligibility and Compliance with Rules and Liability/Publicity Release, where permitted by law; and (3) submit signed Model Release Forms and Photographer Release Forms, if applicable. 11. Odds The odds of winning a prize depend on the total number of eligible Entries received and the amount of votes received in the first round, but there will only be three (3) Winners that receive prizes. One (1) first place winner will receive an iphone 6 16GB (1) second place winner will receive a $100 Amazon Gift Card, and one (1) third place winner will receive a $50 Amazon Gift Card; after meeting the Conditions of Receipt of Prize. 12. License by Participant For any content that you submit and to the extent that you hold any rights in the photo submitted, you grant Lightricks a perpetual, irrevocable, royalty free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. 13. Additional License By Photographer For any content that the photographer grants permission for the participant to submit to the Facetune Family Photo Contest, the photographer grants Lightricks a perpetual, irrevocable, royalty free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. 14. Use of Photos and Information Nothing in these Terms shall obligate Lightricks to publish or otherwise use any information submitted in connection with this Contest. In Lightricks sole discretion and in conformity with applicable law, the name of the submittor of the selected photo (the Winner) and/or his/her photo and caption may be posted on and on related social and electronic media outlets, may be announced in catalogs or other paper communications, and may be published in any other applicable media. By participating in the Contest, each Winner consents to the use of the photo submitted, and his/her name submitted for advertising and publicity purposes without further compensation, and without the right of review, notification or approval, where permitted. To the extent of any conflict between Facetune's privacy policy, these Terms, these agreed upon terms will supersede.

7 15. Modification or Cancellation Lightricks reserves the right, in its sole discretion, to modify or cancel the Contest without prior notice should any event, including but not limited to a virus, bug, technical or computer problem, unauthorized intervention, fraud, problems with Facebook, problems with Twitter/Instagram/Tumblr, or other cause beyond Lightricks control, corrupt or adversely affect the administration, security, fairness, or proper play of the Contest, or otherwise impair its integrity. In the event of cancellation, Lightricks choose a winner from among all eligible participants who entered the Contest prior to cancellation. Any attempt made by you to undermine the legitimate operation of the Contest may be a violation of criminal and civil laws and, should such an attempt be made, Lightricks reserves the right to seek damages from and prosecute you to the fullest extent permitted by law. 16. Liability Lightricks 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. Lightricks is not responsible for any problems or technical malfunction of Facebook or Twitter or Instagram or Tumblr, of any telephone network or telephone lines, computer on line systems, servers, or providers, hardware, software, failure of any Entry to be received by Lightricks on account of technical problems, human error or traffic congestion on the Internet or at any website, lost or unavailable network connections, fraud, incomplete, garbled or delayed transmissions, or any combination thereof, including any injury or damage to your or any other person's computer relating to or resulting from participation in the Contest or downloading any materials in the Contest, or which limits your ability to participate in the Contest. Winners agree that Lightricks and its affiliates, and their respective directors, officers, employees, assigns, agents and representatives are not liable whatsoever for injury, damage, expense, accident, delay, irregularities, loss or claim caused or claimed to be caused, directly or indirectly, by participation in the Contest, or by the acceptance, possession, use or misuse of any prizes awarded. By entering the Contest, you release and hold harmless Lightricks and its affiliates, and their respective directors, officers, employees, assigns, agents and representatives from any and all liabilities, injuries, claims, losses, damages to any person or expenses of any kind arising, directly or indirectly, from or in connection with, in whole or in part, participation in this Contest or the acceptance and/or use or misuse of any prizes awarded or claims based on publicity rights, defamation, or invasion of privacy. Any and all claims, judgments and awards shall be limited to reasonable actual out of pocket costs incurred, including costs associated with entering the Contest, but in no event shall you be entitled to attorneys' fees. Under no circumstances will you be permitted to obtain awards for and you hereby waive all rights of claim to punitive, incidental and consequential damages and any other damages, other than for reasonable actual out of pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Lightricks makes no warranty, express or implied, with respect to the condition of the prize, or any product or service purchased therewith, including any warranty of merchantability or fitness for a particular purpose. Some jurisdictions do not allow the

8 limitations or exclusion of liability for incidental or consequential damages, so the above limitation or exclusions may not apply to you. 17. Dispute Resolution Lightricks decisions as to all matters related to the administration of the Contest, voting, and selection of the prize winners are final, and by entering the Contest you agree to abide by these official rules and all of Lightricks' decisions. You agree that any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, other than the administration of the Contest or the determination of winners, shall be resolved individually, without resort to any form of class action, in accordance with the laws of the State of Israel, and exclusively by the appropriate Israeli court. By participating in the Contest, you consent to the personal jurisdiction of such courts and waive any and all objections thereto.