OFFICIAL RULES
*NO PURCHASE NECESSARY
*PURCHASE WILL NOT ENHANCE ODDS OF WINNING
ELIGIBILITY:
Participation in the Smiles Portraits Photo Contest constitutes full and unconditional agreement to, and acceptance of, these Smiles Portraits Photo Contest Official Rules (the “Official Rules”). Owned and operated by Smiles Portraits is open to legal residents of the United States, and the District of Columbia who are: (a) eighteen (18) years of age or older; and (b) the parent or legal guardian (or a grandparent with consent from the parent or legal guardian) of a child that is between 0-48 months of age at the time of entering the Contest. This Contest is offered in the United States only and, to the maximum extent permitted by applicable law, shall only be construed and evaluated according to applicable United States law shall only be construed and evaluated according to applicable United States law. Residents of Puerto Rico, New York, Florida and Rhode Island are ineligible to win prizes in the Contest. To obtain a printed copy of these Official Rules write to: Smiles Portraits Photo Contest, Cache Valley Mall, 1300 North Main Suite 1180, Logan, UT 84321.
GENERAL RULES OF CONTEST:
FREE PORTRAIT SITTING - NO PURCHASE REQUIRED
IMAGES MUST BE TAKEN BY SMILES PORTRAITS - NO EXCEPTIONS
AGES ARE FROM NEWBORN TO 12 YEARS OLD. WE WILL HAVE WINNERS FROM EVERY AGE CATEGORY
CAN ONLY PICK ONE IMAGE TO BE IN CONTEST
MUST SIGN FULL MODEL RELEASE BECAUSE IMAGES WILL BE ON BLOG AND FACEBOOK - LAST NAMES WILL BE INCLUDED FOR YOUR FRIENDS AND FAMILY TO IDENTIFY
VOTING WILL BE ON OUR BLOG, ON FACEBOOK AND IN STUDIO. TELL ALL OF YOUR FRIENDS AND FAMILY THIS MEANS YOU CAN VOTE FOR YOUR FAVORITE PHOTO(S) UP TO 3 TIMES!
PERSON IN EACH CATEGORY WITH THE MOST VOTES WINS!
HOW TO ENTER:
To register for the Promotion, you must complete and submit the registration form in studio. The information you must supply includes, but is not limited to, your full name, postal address, phone number, email address (where available) and date of birth. You may also be required to provide a photograph of your child, the age and gender of the child in any photograph submitted and your relationship to the child. You agree to provide true, accurate, current and complete information during registration and also agree to update your registration information as necessary to maintain it in an up to date and accurate fashion. Each entrant will be entered into the Contest for the calendar month following which he or she submits his or her registration information.
SELECTION OF FINALISTS AND WINNER - HOW TO VOTE:
Each photograph submitted must be approved for posting on the Contest website by a member of Company's photo selection committee. Photos may be approved or rejected based on suitability (for example, no pet or adult photos are appropriate unless it is a contest for pets or adults) for the Contest at Company's sole discretion. Only those photos that are approved for posting will be deemed eligible to win the Contest.
The photograph that receives the most public on-line and in-studio votes in any calendar month will be deemed the winning
FACEBOOK-HOW TO VOTE
YOU GO TO OUR FACEBOOK PAGE AND BECOME A FAN. AFTER YOU ARE A FAN YOU FIND THE PICTURE YOU WOULD LIKE TO VOTE FOR AND “LIKE” IT. YOU MUCH ASLO LEAVE A COMMENT ON THE PHOTO. BY LEAVING A COMMENT, IT HELPS US VERIFY THE AMOUNT OF VOTES. MAKE SURE YOU “LIKE” THE PICTURE AND NOT THE ALBUM.
YOU MAY ONLY VOTE FOR EACH PICTURE/ENTRY ONCE, ALTHOUGH YOU CAN VOTE FOR MORE THAN ONE PICTURE/ENTRY.
BLOG-HOW TO VOTE
YOU GO TO OUR BLOG WWW.SMILESPORTRAITS.BLOGSPOT.COM. YOU FIND THE PICTURE/ENTRY YOU WOULD LIKE TO VOTE FOR AND LEAVE A COMMENT ON THE PHOTO/ENTRY. YOU MAY HAVE TO GO BACK MANY POSTS TO FIND IT.
COMMENTS MUST NOT BE ANNONOMOUS. ANY ANNONOMOUS COMMENTS WILL NOT COUNT.
YOU MAY ONLY VOTE FOR EACH PICTURE/ENTRY ONCE, ALTHOUGH YOU CAN VOTE FOR MORE THAN ONE PICTURE/ENTRY.
STUDIO-HOW TO VOTE
YOU COME TO OUR STUDIO AND COMPLETELY FILL OUT A VOTE FORM. INCOMPLETE FORMS WILL NOT COUNT.
YOU MAY ONLY VOTE FOR EACH PICTURE/ENTRY ONCE, ALTHOUGH YOU CAN VOTE FOR MORE THAN ONE PICTURE/ENTRY.
Winners will be determined within four(4) to-six(6) weeks of each monthly Contest period; however, Company reserves the right to take more or less time to determine the winner as it deems necessary in its sole discretion.
Each winner, and any runners up, will be notified by phone, email and/or postal mail. Each winner will be selected based upon the results of online and in-studio voting, and will be subject to approval by Company pending confirmation of each such winner's compliance with these Official Rules. Company's decisions are final on all matters relating to this Contest.
LIMITED TIME ONLY:
Each Contest period begins on the first day of each calendar month and ends on the last day of each such calendar month, with a winning photograph selected at the end of each such calendar month.
ODDS OF WINNING:
The odds of winning the Contest are a function of a number of factors including, but not limited to, the number of entries, number of votes cast, number of votes you cause to be cast for your photo, the date of entry and quality of the photograph.
Each winner will be subject to eligibility verification. Each winner will be required to sign an Affidavit of Eligibility/Liability and Model Release within thirty(30) days of attempted notification. Failure to return these documents in the time specified or the return of the notification marked undeliverable will result in disqualification of the entry and an alternate winner will be selected from among the runners up, until a winner is designated.
PRIZE DESCRIPTION:
Each Contest winner will receive a designated prize package. Prizes will vary from month to month. Winning photos may appear on the home page of the Contest Website, where potentially thousands of viewers may see the photograph. Entrants waive any and all rights to photographs and give Company the right to publish same in any medium without compensating entrants.
TAX CONSEQUENCES:
Any applicable United States federal, state and/or local taxes are the responsibility of each winner. The determination of liability for any United States federal, state and/or local taxes that may arise out of the entrant's participation in the Contest (including the entrant's receipt of any prizes), and the payment of any such tax liability, shall be the sole responsibility of the entrant. However, United States federal, state and/or local law impose any tax reporting or filing obligations on Company arising out of the entrant's participation in the Contest (including the entrant's receipt of any prizes), the entrant agrees to timely provide Company with any information that is reasonably necessary for Company to comply with any such reporting or filing obligations. In addition, United States federal, state or local law impose any tax withholding obligation on Company with respect to entrant's receipt of any prizes, the entrant agrees to such withholding and shall timely provide any information to Company as may be required for Company to accomplish such withholding.
SPECIAL TERMS:
Company reserves the right, in its sole discretion, to reject any photographs. No inappropriate, indecent or obscene photographs may be submitted to Company for entry into the Contest or submitted for display on the Contest Website.
REPRESENTATIONS AND WARRANTIES OF ENTRANT:
Entrant represents and warrants to Company, its affiliates and its advertising sponsors that: (a) he/she is over eiteen(18) years of age and a legal resident of the U.S., or the District of Columbia; (b) he/she is not a resident of Puerto Rico, Florida, New York or Rhode Island; (c) he/she is the parent or legal guardian (or a grandparent with consent from the parent or legal guardian) of the child in the photograph(s) submitted; (d) he/she has all of the rights and authority necessary to submit the photograph(s) for entry in the Contest in compliance with these Official Rules, including the right to publish the photograph, and the right to grant the Promotion Release set forth herein below; (e) the publication of the photograph(s) will not infringe on the rights of any third party; (f) he/she knows the birth date of the child in the photograph(s) and that said child was no more than forty-eight(48) months old when the photograph was submitted to Great American; (g) the photograph submitted has not been digitally, or otherwise, altered; and (h) he/she has read the Privacy Policy and agrees to its terms and conditions in their entirety.
PROMOTION CONTEST RELEASE:
Excluding residents of the State of Tennessee and where otherwise prohibited by law, by submitting an entry, submitting a photograph(s) and participating in the Contest, entrant, for him/herself and on behalf of the child, irrevocably transfers, grants and assigns to Company, its affiliates and its respective successors, assigns, and licensees, the right worldwide and in perpetuity, to use the name, likeness, image and photographs, including any reproductions of same, in any and all media including, without limitation, use on the Contest Website in connection with the Contest or other promotions and for any advertising or promotional purposes, without additional compensation, and releases Company and any entity acting on behalf of Company from any liability with respect thereto.
RELEASE OF LIABILITY:
To the maximum extent permitted by applicable law, entrant, for him/herself, and on behalf of the Child agrees that Smiles Portraits, its affiliates and its employees, members, officers, directors, shareholders, agents, representatives, its respective successors, assigns, agencies and licensees shall not be liable for any personal injury, death, loss or damage of any kind or any other causes of action or claims related to entrant's participation in this Contest or acceptance or use of the prizes awarded including, without limitation, any claims based on publicity rights, defamation or invasion of privacy. If, for any reason, the Contest or any portion thereof is not capable of running as planned by reason of infection by virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Company, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Company reserves the right, in its sole discretion, to cancel, terminate, modify or suspend any monthly Contest or any part of any monthly Contest, and select the winner for the Contest from the entries received prior to the action taken or in other such manner as deemed fair and appropriate by Company.
GENERAL CONDITIONS:
Company, its affiliates and its employees, members, officers, directors, shareholders, agents, representatives, its respective successors, assigns, agencies and licensees are not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified, or for other problems of any kind, whether mechanical, human or electronic, whatever the cause. Only fully completed entry forms actually received by Company are eligible for Contest entry. Proof of submission will not be deemed to be proof of receipt by Company. Company's sole responsibility for any irregular entry is replacement with another entry in the Contest. If a potential winning entry is made by Internet, that potential winner may be required to provide Great American with proof that the potential winner is the authorized account holder of the registration information associated with the potential winning entry.
GOVERNING LAW:
To the maximum extent permitted by applicable law, these Official Rules shall be interpreted and enforced in accordance with the laws of the State of Utah, without regard to conflicts of law principles. To the maximum extent permitted by applicable law, should a dispute arise concerning the Contest and/or terms and conditions of these Official Rules, or the breach of same by any party hereto, the parties agree to submit their dispute for resolution. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Company, as well as its legal representatives, affiliates, subsidiaries, parents, agencies and their respective members, officers, directors, employees and agents with respect to the Contest. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that Company incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement. Should any part of these Official Rules be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
DISQUALIFICATION:
Company, its legal representatives, affiliates, subsidiaries, parents, agencies and its members, officers, directors, employees and agents, are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or technical failure, lost online entries, jumbled, scrambled or misdirected transmissions, or other error of any kind, whether human, mechanical or electronic. Persons found tampering with or abusing any aspect of the Contest, as solely determined by Company, will be disqualified. If disqualified for any of the above reasons, Company reserves the right to terminate entrant's eligibility to participate in the Contest.
INDEMNIFICATION:
You agree to release, indemnify and hold Company, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, shareholders, licensors, suppliers, co-branders, attorneys and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Contest and/or the Contest Website; (b) your breach of these Official Rules; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Company, its parent, subsidiaries and/or affiliates, and each of their respective members, officers, directors, employees, agents, shareholders, licensors, suppliers, co-branders, attorneys and/or other partners. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
LEGAL WARNING:
Any attempt by any individual, whether or not an entrant, to damage, destroy, tamper with or vandalize the Contest or Contest Website, or otherwise interfere with the operation of the Contest, is a violation of criminal and civil law and Company will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
