Sponsor is Hot Pixel, LLC, dba LifePixel Infrared, 724 First Street, Suite 206, Mukilteo, WA 98275, USA (“Sponsor” or “LifePixel”).
The LifePixel Infrared Photo Of The Month Awards runs monthly from November 1st, 2014 through April 30th, 2015. Entries for each month’s Contest may be submitted from 12:00:00 p.m. US Pacific Standard Time (PST) on the 1st day of a month until 11:59:00 p.m. PST on the 15th day of the month and voting occurs from 12:00:00 p.m. PST on the 1st day of the month until 11:59:00 p.m. PST on the last day of the month (the “Contest”).
Information on how to enter and prizes form part of these official rules (“Official Rules”). By submitting an entry, each entrant agrees to the Official Rules and warrants that his or her entry complies with all requirements set out in the Official Rules.
WHO MAY ENTER
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE CHANCES OF WINNING. The Contest is open only to individuals who have reached the age of majority in their jurisdiction (usually 18 years age although this might vary). Employees of Hot Pixel and its subsidiaries and affiliates, and their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they live) or persons living in the same households of such employees, whether or not related are not eligible. THE CONTEST IS VOID WHERE PROHIBITED.
HOW TO ENTER
Each entry consists of an entry form and a single photographic image. Entrants must have a Facebook account in order to enter. Those who do not have a Facebook account may open an account for free at www.facebook.com. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INC.
To enter, visit https://www.lifepixel.com/contests/infrared-photo-of-the-month-awards; complete an entry form with the required information, including your name, address, telephone number, email address, and photograph caption; and submit along with your photograph in accordance with the instructions that follow. All photographs become the physical property of Sponsor and will not be acknowledged or returned.
Each entry must comply with the following requirements (the “Photograph Requirements”):
- Photographs must be in digital format and use infrared photography technology. All digital files must be in JPEG or JPG format, and must be at least 850 pixels on the longest edge.
- Photographs that include sculptures, statues, paintings, and other works of art will be accepted as long as they do not constitute copyright infringement or fraud; provided entrants must be prepared to provide a release form as described below in “Release.” When photographing the work of others, it must be as an object in its environment and not a full-frame close-up of another person’s art.
- The photograph, in its entirety, must be a single work of original material taken by the Contest entrant. By entering the Contest, entrant represents, acknowledges, and warrants that the submitted photograph is an original work created solely by the entrant, that the photograph does not infringe on the copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property rights of any person or entity, and that no other party has any right, title, claim, or interest in the photograph.
- Photographs may not include any identifiable faces/people.
- The photograph must not, in the sole and unfettered discretion of the Sponsor, contain obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content.
- The caption must be complete and accurate, sufficient to convey the circumstances in which the photograph was taken. Disguising or misrepresenting the origin of your content is cause for disqualification.
- Watermarks are not acceptable. If Sponsor does not receive a non-watermarked version of the entry within ten (10) days following its request, the entry will be disqualified.
- All entries must be submitted and received by 11:59:00 p.m. PST on the 15th day of the month. Proof of submission is not proof of receipt. Sponsor reserves the right to examine the original photograph/source material in order to confirm compliance with these rules.
- Each entrant may submit one photograph per monthly contest, provided that an additional photograph may be submitted for every person that clicks and enters the contest (i.e., submits a photograph) from a link provided by Hot Pixel to entrant.
- Photographs must be resubmitted each month. Photographs submitted in prior months will not be included in a subsequent monthly contest unless resubmitted. Winning photographs are not eligible for resubmission in subsequent contests.
If the photograph contains any material or elements that are not owned by the entrant and/or which are subject to the rights of third parties, and/or if any persons appear in the photograph (even if the person is not identifiable), the entrant is responsible for obtaining, prior to submission of the photograph, any and all releases and consents necessary to permit the exhibition and use of the photograph in the manner set forth in these Official Rules without additional compensation. If any person appearing in any photograph (even if the person is not identifiable) is under the age of majority in their state/province/territory of residence the signature of a parent or legal guardian is required on each release.
Upon Sponsor’s request, each entrant must be prepared to provide (within seven (7) calendar days of receipt of Sponsor’s request) a signed release from all persons who appear in the photograph submitted, authorizing Sponsor and its licensees (“Authorized Parties”) to reproduce, distribute, display, and create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known. Failure to provide such releases upon request may result in disqualification at any time during the Contest and selection of an alternate winner.
Similarly, upon Sponsor’s request, each entrant must be prepared to provide (within seven (7) calendar days of receipt of Sponsor’s request) a signed written license from the copyright owner of any sculpture, artwork, or other copyrighted material that appears in the photograph entry, authorizing any Authorized Party to reproduce, distribute, display, and create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known. Failure to provide such releases upon request may result in disqualification and selection of an alternate winner.
Finally, upon Sponsor’s request, each entrant must be prepared to provide (within seven (7) calendar days of receipt of Sponsor’s request) a signed written license from the owner of any private property included in the photograph entry, authorizing any Authorized Party to reproduce, distribute, display, and create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known. Failure to provide such releases upon request may result in disqualification and selection of an alternate winner.
For the purposes of these Official Rules, the entrant will be deemed to be in receipt of Sponsor’s request or notification, (a) in the event that Sponsor sends the request by postal mail, five business days after the request was sent by Sponsor, or (b) in the event that Sponsor sends the request by email, on the day that the email was sent by Sponsor.
The monthly contest prizes are as follows:
Full Conversion: One free infrared conversion service from LifePixel of the winner’s choice up to a $1,800 value. The winner may select any infrared conversion service that is included in LifePixel’s standard conversion service offerings, and may not request a special conversion service that is not included in LifePixel’s standard conversion service offerings.
1st Prize Certificate: $150 gift certificate for purchases of infrared conversion services at LifePixel.
2nd Prize Certificate: $100 gift certificate for purchases of infrared conversion services at LifePixel.
3rd Prize Certificate: $50 gift certificate for purchases of infrared conversion services at LifePixel.
The prizes have no cash value and cannot be redeemed for cash.
NONCOMPLIANCE OR RETURN OF PRIZE NOTIFICATION AS UNDELIVERABLE, WHETHER BY REGULAR MAIL OR BY EMAIL, MAY RESULT IN DISQUALIFICATION AND SELECTION OF AN ALTERNATE POTENTIAL WINNER.
If a prize (or part of a prize) is unavailable, the Sponsor, in its discretion, reserves the right to substitute the original prize (or that part of the prize) with an alternative prize to the equal monetary value and/or specification, unless to do so would be prohibited by law.
Prizes may be transferred by the winners.
Prizes must be used for purchases at Hot Pixel within one (1) year of winning the Contest, otherwise the prizes will expire, and will no longer be valid for purchases at LifePixel.
SELECTION OF WINNERS
Each month the winning photograph for the “Full Conversion” will be selected by the staff of LifePixel. Each month the winning photographs for the “Certificates” will be determined by the photographs that receive the most votes from visitors to www.lifepixel.com. Voting is conducted by Facebook users and each Facebook user may cast a single vote each day per photograph. Voting for a monthly contest will begin at 12:00:00 p.m. PST on the 1st day of a month and will end at 11:59:00 p.m. PST on the last day of a month. In case of a tie, the prize will be divided equally amongst the tied winners.
Winners will be notified by the 15th day after the end of the month in which the Contest ran by standard mail or email.
In the event of a dispute as to the identity of any entrant who submits an entry, the entry will be deemed submitted by the holder of the email or other account (e.g., Facebook) from which it was sent but only if such person is otherwise eligible.
By entering the Contest, all entrants hereby grant an irrevocable, perpetual, worldwide non-exclusive license to Authorized Parties, to reproduce, distribute, display and create derivative works of the entries (along with a name credit) in connection with the Contest and promotion of the Contest, in any media now or hereafter known, including, but not limited to: display at a potential exhibition of winners; publication online highlighting entries and/or winners of the Contest; and use in documentation, samples and advertising in conjunction with the marketing and servicing of LifePixel’s infrared conversion services. Entrants consent to the Sponsor doing or omitting to do any act that would otherwise infringe the entrant’s “moral rights” in their entries. Display or publication of any entry on an Authorized Party’s website does not indicate the entrant will be selected as a winner. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use. Additionally, by entering, each entrant grants to Authorized Parties the unrestricted right to use all statements made in connection with the Contest, and pictures or likenesses of Contest entrants, or choose not to do so, at their sole discretion. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use.
LIMITATION OF LIABILITY
By entering this Contest, all entrants agree to release, discharge, and hold harmless LifePixel and its partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives from any claims, losses, and damages arising out of their participation in this Contest or any Contest-related activities and the acceptance and use, misuse, or possession of any prize awarded hereunder.
LifePixel assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to Contest entries or entry forms; or alteration of entries or entry forms. LifePixel is not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email entry to be received on account of technical problems or traffic congestion on the Internet or at any website, human errors of any kind, or any combination thereof, including any injury or damage to entrants’ or any other persons’ computers related to or resulting from participation, uploading or downloading of any materials related to in this Contest.
THIS CONTEST IS VOID WHERE PROHIBITED. Entrants agree that this Contest shall be subject to and governed by the laws of the State of Washington and the forum for any dispute shall be in the State of Washington, United States of America. To the extent permitted by law, the right to litigate, to seek injunctive relief or to make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or on connection with this Contest are hereby excluded and any entrant expressly waives any and all such rights. Certain restrictions may apply. Entries void if the Sponsor determines the photograph to not be an original, or if the entries are illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error or obtained through fraud or theft.
BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
By entering, entrants also agree (a) to be bound by these Official Rules; (b) that the decisions of the LifePixel staff, or voters, as applicable, is final and binding with respect to all matters relating to the Contest; and (c) if the entrant wins that Sponsor may use the winning photographs and each winner’s name, photograph, likeness, and/or voice in any publicity or advertising relating to the Contest or future promotions without compensation or approval (except where prohibited by law). All federal, state/provincial/territorial, and local taxes, fees and surcharges and taxes (whether foreign or domestic, and including income, sales, and import taxes) on prizes are the sole responsibility of the prize winners. The winners may be required to provide Sponsor with a valid social security number or tax identification number before the prizes will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of winners, or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the prizes received. Unclaimed prizes will be forfeited. In the event that the selected winner(s) of any prize is/are ineligible, cannot be traced or does/do not respond within ten (10) days to a winner notification as required by these Official Rules above, or refuses the prize, the prize will be forfeited and Sponsor, in its sole discretion, may choose whether to award the prize to another entrant.
The Sponsor reserves the right to verify the validity and originality of any entry and/or entrant (including an entrant’s identity and address) and to disqualify any entrant who submits an entry that is not in accordance with these Official Rules or who tampers with the entry process. Failure by the Sponsor to enforce any of its rights at any stage does not constitute a waiver of those rights.
RIGHT TO CANCEL OR SUSPEND CONTEST
If for any reason the Contest is not capable of running as planned, due to infection by computer virus, bugs, worms, trojan horses, denial of service attacks, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of LifePixel that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, LifePixel reserves the right, at its sole discretion, to disqualify any individual(s) who tamper with the entry process, and/or to cancel, terminate, modify, or suspend the Contest. If Sponsor elects to cancel or terminate the Contest, Sponsor will not retain any rights in the submitted photographs.
Entrants are responsible for complying with these Official Rules. Winners’ names will be available online at www.lifepixel.com
Hot Pixel, LLC, dba Life Pixel Infrared
724 First Street, Suite 206, Mukilteo, WA 98275