Smart Coos Presents the Photo Shoot with Joel Contests 2015
Official Rules
THIS CONTEST IS INTENDED FOR LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY. VOID WHERE PROHIBITED. DO NOT ENTER UNLESS YOU MEET THE ELIGIBILITY CRITERIA AND ARE LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
Winners will be required to make arrangements to meet the photographer in Florida or make arrangements with Smart Coos for a photo shoot within the contiguous United States at a location convenient to the photographer, Smart Coos and the winner. You should not enter this Contest if you are not able to complete the photo shoot within 90 days after the winner is announced.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
ELIGIBILITY: The Smart Coos Presents the Photo Shoot with Joel Contests 2015 (“Contests”) is open only to individuals who are legal residents of the 50 United States and the District of Columbia, who are 18 years of age or older at the time of entry (19 years of age or older if a resident of AL or NE; 21 years of age or older if a resident of MS). The following individuals are not eligible: employees, contractors, directors and officers of Smart Coos (“Sponsor”), its parent, subsidiaries and affiliated companies, and the web design, advertising, fulfillment, judging and promotion agencies involved in the administration, development, fulfillment and execution of this Contest (collectively, “Contest Parties”), and the immediate family members (spouse, parent, child, sibling and spouse or “step” of each) of, and those living in the same households as, each such individual. Contest is void outside the USA and where prohibited.
OVERVIEW: METHOD #1: Eligible individuals may enter the Contest by creating and submitting a photograph in one of the four categories: 1. PREGNANT WOMAN; 2. PHOTO OF THEIR CHILD NEWBORN TO AGE TWO; 3. PHOTO OF THEIR CHILD AGE 3-5; or 4. PHOTO OF THEIR CHILD AGE 6-8. One (1) winner in each of the four categories will be chosen from eligible and approved entries. See Section 6 below for details regarding the selection of winners. The Finalist entries for each of the four categories will be posted in an online consumer voting gallery, and the entry receiving the most votes in each category will be selected as a category winner. The entry that receives the most over-all votes will be the Grand Prize winner. See Section 6 below for details regarding the selection of the category winners and the Grand Prize winner.
OR
METHOD #2: Sign up for Smart Coos – no purchase necessary. One winner chosen for each calendar year. Effective October 15, 2015.
TO ENTER: The Contests entry period differs per contest and each contest clearly states the start and end date of the contest. Method for submission of entries are clearly submitted on the contest page.
Entries that meet the Entry Requirements, Content Requirements and Conditions of Entry specified below may be posted to the Web Site and/or other Smart Coos web sites or social media sites.
If you think that any Entry infringes your intellectual property rights, click here if you wish to report it.
CONTENT REQUIREMENTS: Entrants may capture the photo themselves, or Entrants may have another person capture the photo. If someone other than the Entrant has captured the photo, the Entrant must have written permission from that person to submit the photo and Entrant must be able to obtain a signed release from the photographer upon the request of Sponsor. If photo features a child that is not under the legal supervision of the Entrant, Entrant must have permission from the person that has legal supervision of the child to submit the photo. Entrant must be able to obtain a signed release from the owner upon request of the Sponsor.
CONDITIONS OF ENTRY: Entrant warrants and represents that the photo: is original (photo may be captured by someone other than the Entrant if the Entrant obtained written permission to submit the photo, as set forth below);
does not infringe the intellectual property, privacy, publicity rights, ownership or any other legal or moral rights of any third party; has not been entered in contests sponsored by anyone other than Smart Coos; is suitable for public viewing.
By submitting an Entry, Entrant represents that he/she owns all rights to each element of his/her Entry, including, without limitation, the copyrights of the photograph. If someone other than the Entrant captured the photograph, Entrant further represents that he/she has obtained an assignment of rights from the third party that captured the photograph. Sponsor’s determination as to whether the photo violates the rights of any third party is final.
Each Entrant irrevocably grants Sponsor and its affiliates, legal representatives, assigns, agents and licensees, the unconditional and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), on an exclusive basis within the petcare category, each element of the Entrant’s Entry, and use of the Entrant’s name, likeness, photograph (collectively, “Likeness”), and/or statements regarding his/her participation in this Contest (with or without using the Entrant’s name) in any and all media without limitation as to time or territory, and without additional compensation or approval from the Entrant or any other party. Entrant waives intellectual property rights, privacy/publicity rights or other legal or moral rights that might preclude the Sponsor’s use of any element of the Entry, and agrees not to sue or assert any claim against the Sponsor for the use of any element of the Entry or Entrant’s Likeness or statements. Entrant further grants all end users of Sponsor’s Web Site (a) the ability to rate, vote, review, comment on and tag the Entry; (b) the ability to send and distribute the Entry via e-mail, instant messenger, and via social media or other electronic means.
Entrant agrees to indemnify and hold Sponsor, its agencies and Contest Parties and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the “Indemnitees”), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against any of the Indemnitees due to or arising out of the use of any element of Entrant’s Entry, or the Entrant’s conduct in submitting an Entry or creating a photo or otherwise in connection with this Contest, including but not limited to claims for trademark infringement, copyright infringement, violation of an individual’s right of publicity or right of privacy, or defamation. Entrant further agrees to release Sponsor from any and all claims that any advertising subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes Entrant’s rights with regard to any elements or ideas contained in any element of the Entry.
SELECTION OF “CATEGORY WINNERS” AND THE GRAND PRIZE WINNER:
Selection of Finalists: Entries will be judged by a qualified panel of judges who will evaluate each Entry based on the following judging criteria:
Originality & overall artistic impression (25%)
Number of likes (49%)
Meeting each requirement of entry (picture submission, submission of legal name and e-mail, and response to final questionnaire) (26%)
The Entrants in each of the four categories will be declared finalists (“Finalists”), subject to verification, and will be notified on on the date listed. Potential Finalists will be via email and/or phone as well as on social media. Potential Finalists must then provide Sponsor with the requested contact information within 2 days of such notification by following the directions provided in the direct message or the opportunity to be a Finalist will be forfeited.
A Finalist may encourage family and friends to vote for his or her Entry, but a Finalist may not attempt to induce others to vote for his or her Entry through the use of any incentive, sweepstakes or other promotion. Any use of automatic voting methods by any party will void all such votes and may result in the Finalist’s Entry being declared ineligible and disqualified from the Contest. Any attempt by a Finalist and/or his/her family or friends or community to vote more than the one vote per person per day using “bot” technology and/or any other fraudulent mechanism, as determined by Sponsor in its sole discretion, shall give Sponsor the right to disqualify the Finalist in Sponsor’s reasonable discretion.
PRIZES:
The winner will receive a photo shoot with Joel LaFortune. The photo shoot must be of the individual whose picture was submitted.
GENERAL CONDITIONS: Potential Finalists and Winners are subject to verification, including without limitation, verification of eligibility and compliance with these Official Rules. Potential Finalists will be required to complete, sign and return an Affidavit of Eligibility, Liability Release and, where lawful, Publicity Release. Each potential Finalist will also be required to execute an Assignment of Rights, in which he/she irrevocably assigns and transfers to the Sponsor any and all rights, title and interest in each element of the Entry (including the photo and title), including, without limitation, all copyrights, and waives all moral rights in those works. All completed documents must be returned to Contract Administrator within 7 days of the date notice was sent or Finalist status will be forfeited and an alternate Finalist may be selected. Notification of Finalist or winner status must be kept confidential until the Finalists and winners are announced by Sponsor. Failure to comply with this requirement may result in disqualification. All winners are solely responsible for any taxes on their respective individual prizes. No substitution of prize will be offered, except at the sole discretion of the Sponsor. Prizes are non-transferable. If for any reason the Contest is not capable of running as planned, including without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion to cancel, modify or terminate the Contest. Further, Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest; (b) violating the Official Rules; or (c) acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person. Sponsor reserves the right to require winners to submit to a confidential background check to confirm eligibility as a condition of awarding any prize to help ensure that the use of any such person in advertising or publicity for the Contest will not bring Contest Parties into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest as determined by Sponsor in its sole discretion. Entrants/Finalists agree that the Sponsor has the sole right to decide all matters and disputes arising from this Contest and that all decisions of Sponsor are final and binding. This Contest is governed by the laws of the state of Missouri, and by entering; Entrants/Finalists agree that all claims or disputes must be resolved exclusively in the federal or state courts in St. Louis, Missouri.
LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Contest Parties resulting from any user’s participation in or attempt to participate in the Contest or ability or inability to upload or download any information in connection with participating in the Contest. No responsibility or liability is assumed by the Sponsor or Contest Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any email transmissions to be sent or received; lost, late, delayed or intercepted email transmissions; inaccessibility of the Web Site, Facebook, Instagram, or other social media site in whole or in part for any reason; traffic congestion on the Internet or the Web Site; unauthorized human or non-human intervention in the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. Sponsor and Contest Parties are not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Web Site. Use of the Web Site, Facebook, Instagram, or other social media siteis at user’s own risk. Sponsor, the Contest Parties, Facebook, Instagram, or other social media site (“Released Parties”) are not responsible for any personal injury or property damage or losses of any kind which may be sustained by user’s or any other person’s computer equipment resulting from participation in the Contest, use of the Web Site or the download of any information from the Web Site. By participating in the Contest, the Entrant releases the Released Parties from any and all claims, damages or liabilities arising from or relating to such Entrant’s participation in the Contest. By accepting a prize, winners agree that the Released Parties shall not be liable for any loss or injury resulting from participation in the Contest, or the acceptance or use of any prize. The Released Parties are not liable in the event that any portion of the Contest or scheduled Events are cancelled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control.
Winners List: For a list of the Finalists and winners, visit www.blog.smartcoos.com or send a self addressed, stamped, #10 envelope to: Smart Coos, Inc. Post Office Box 1052, West Palm Beach, Florida 33402-1052 . Requests must be received by January 1, 2016.
Privacy: By submitting an Entry in this Contest, each Entrant agrees to Sponsor’s use of participant’s personal information as described in the Sponsor’s Privacy Policy.
This Contest is in no way sponsored, endorsed or administered by Instagram, Vine, YouTube, Facebook, Twitter or any other social media site.