The VSCO x Apple #PhotographChicagoContest
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
By applying to and/or participating in the Competition, you agree to these Official Rules. Please read them carefully.
- Binding Agreement. You agree that submission of an Entry in the Competition constitutes agreement to these Rules. These Rules form a binding legal agreement between you and Sponsor with respect to the Competition. Judges will choose the winning entries, and prizes will be awarded in accordance with these Rules.
Sponsor. Visual Supply Company, 1500 Broadway, Ste 300 Oakland, CA 94612 and Apple Inc., 1 Infinite Loop, Cupertino, CA 95014.
- Eligibility Criteria. This Competition is open only to legal residents residing in the state of Illinois, 18 years of age or older at the time of entry, who have Internet access and are the authorized user of an email address in the U.S. Void in all U.S. territories and possessions and where prohibited, licensed, restricted or taxed. Employees, officers, directors, agents, representatives and their immediate families (spouse, parents, children, siblings and each of their spouses regardless where they live) or members of household of Sponsor, its respective parent companies, affiliates, subsidiaries, advertising, design, web design, web hosting and publicity agencies (the "Competition Entities") and anyone connected with the production or distribution of this Competition are not eligible to enter or be awarded a prize.
- Competition Period. The Competition begins on October 26, 2017 at 03:00:00 PM U.S. Pacific Standard Time (PST) and ends on November 13, 2017 at 11:59:59 PM PST (the “Submission Period”).
- How to Enter. To enter, please follow the steps below during the Submission Period:
- Log-in to your VSCO account and submit an Entry, as explained below, during the Submission Period. You can sign-up for a free account by visiting www.vsco.co.
- After logging in, upload and post an image to your profile of how you see Chicago with a caption describing your viewpoint of Chicago, and include the following hashtag in the post: #PhotographChicagoContest (an “Entry”).
- The registered account holder who submits the Entry shall be deemed the Entrant for purposes of this Competition. The Entry is made by, and is the responsibility of, the Entrant. Sponsor will correspond with and, if applicable, award the Prize to, only the Entrant.
- You must have all necessary rights to submit your Entry to the Competition.
Only fully complete and compliant Entries are eligible pursuant to these Rules, in Sponsor’s sole discretion. All interpretations of these Rules and decisions made by Sponsor relating to the Competition are final and binding in all respects.
6. Entry Requirements
By submitting an Entry, you represent and warrant that your Entry conforms to the following requirements (“Entry Requirements”):
- Entries that exploit bugs in the platform, or otherwise violate the spirit of the Competition, will be rejected;
- Entries cannot contain information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity, or which Sponsor, in its sole discretion, deems inappropriate for public viewing;
- Entries cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies;
- Entries cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission;
- Entries cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission; Sponsor does not permit the infringement of others’ rights and any use of materials not original to the entrant (except copyrighted materials owned by Sponsor) is grounds for disqualification from the Competition. Do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your Entry and grant the rights herein granted to Sponsor;
- Entries cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
- Entries that attempt to harm the platform or otherwise create an unfair advantage over other entrants will be rejected;
- Entries cannot be in violation of any law, regulation or third party rights; and
- By submitting an Entry, you warrant and represent: (a) that it is your original work, (b) that it has not been previously published or sold, (c) that it has not won previous awards, and (d) that it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity.
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S WEBSITES, IN SPONSOR’S DISCRETION. Submission of an Entry grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, publicly perform the Entry in any way, in any and all media, without limitation, and without consideration to the entrant.
- Odds. Odds of winning depend upon the number of eligible entries received.
- Winner Selection and Notification. Entries that fail to meet the Eligibility Criteria and the Entry Requirements by the end of the Submission Period will be deemed incomplete and, at the discretion of Sponsors, may be disqualified.
Following the conclusion of the Submission Period, four (4) potential finalists (“Finalists”) will be selected by independent judges designated by Sponsor (“Judges”) from among all eligible Entries received.
The Judges will later select one (1) Grand Prize Winner from among the Finalists. In the event of a tie, a tie breaker will be resolved in favor of the Entry that was submitted first in time. Decisions of Sponsor and the Judges are final and binding in all respects. The Sponsor reserve the right to disqualify any Entry at their sole discretion. For instance, if the Sponsor believe that an Entry was submitted in bad faith, they may disqualify the Entry.
Becoming a Finalist and/or Grand Prize Winner (“Winner”) is subject to validation and verification of eligibility and compliance with all the terms and conditions set forth in these Rules. The potential Finalists will be selected and notified by email, at Sponsor’s discretion, on or about November 13, 2017. The potential Finalists must attend Apple’s “Today at Apple” store event in Chicago, Illinois on November 16, 2017 (“Apple Event”), where their photograph submission will be reviewed by the Judges and where one (1) Grand Prize Winner will be selected. If a Finalist does not attend the Apple Event, his/her Entry will be disqualified. If a potential Finalist does not respond to the notification attempt within thirty-six (36) hours from the first notification attempt, then the potential Finalist may be disqualified and an alternate Finalist will be selected from among qualifying Entries. The potential Winners may be required to sign an affidavit of eligibility (which affirms that he/she has complied with these Official Rules) as well as a liability release, each of which, if issued, must be completed, signed and returned within twenty-one (21) calendar days from date of issuance, or the prize will be forfeited and awarded to an alternate Winner. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of Entrants. If a potential Winner is a U.S. citizen, he/she must sign and return an IRS W-9 form within the stated time in order to claim a prize.
- Prize and Related Terms.
Three (3) Finalists will each receive:
- One (1) Apple iPhone 8; and
- A one (1) year membership to VSCO X.
One (1) Grand Prize Winner will receive:
- The opportunity to showcase his/her Entry at the Apple Event;
- One (1) Apple MacBook Pro;
- One (1) Apple iPhone 8;
- A one (1) year membership to VSCO X;
- Access to a complete set of VSCO’s desktop film packages;
- A feature on the VSCO journal; and
- One-time promotion on VSCO’s social media channels such as Facebook, Instagram, and Twitter.
No transfer, assignment, substitution or cash equivalent for prizes is allowed, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value if a prize cannot be awarded as described for any reason. Approximate retail value (“ARV”) for Grand Prize: $2,619.00. ARV for each Finalists prize: $719.00. ARV is as of date of printing of these Official Rules. The difference in value of prize as stated herein and value at time of prize notification, if any, will not be awarded. Apple products in Grand Prize will not come with Apple Care or insurance plans.
Winner acknowledges that Competition Parties have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective manufacturers’ terms therefore, and Winners agree to look solely to such manufacturers for any such warranty and/or guarantee.
- Use of Entries. Participant hereby agrees to grant to Sponsor an irrevocable, worldwide, and royalty-free right and license to review participant’s Entry for purposes related to evaluation and scoring in this Competition, including but not limited to the assessment of potential cheating behavior. Winners may be required to complete, sign and return a Publicity Release for use of Entries, where lawful, in Sponsor’s sole discretion.
- Publicity. Except where prohibited by law, Winner grants (and agrees to confirm this grant in writing, if requested) permission to Sponsor to use or publish his/her name, photograph, voice and/or likeness in any medium (including, without limitation, in print, via television, via the internet, via email or in any other media now known or hereafter devised) for advertising and promotional purposes worldwide in perpetuity without compensation or notification to or permission from the Winner of any kind, except as prohibited by law.
- General Conditions. All federal, state, provincial, territorial and local laws and regulations apply, and the Competition is void where prohibited by law. Sponsor reserves the right to disqualify any Entrant from the Competition if, in Sponsor’s sole discretion, it reasonably believes that the Entrant has attempted to undermine the legitimate operation of the Competition by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other Entrants or Sponsor. Nothing contained herein shall constitute this Competition to be an arrangement for employment, a joint venture, or a partnership.
- Taxes. The value of the prize will be taxable to the winner as income. All federal, provincial, territorial, state and local taxes and any other costs and expenses associated with the acceptance and/or use of prizes not specifically provided for in these Rules are solely the Winner’s responsibility. Winner is solely responsible for reporting and paying any and all applicable taxes. United States residents will have income reported to them on IRS Form 1099, as required under IRS rules and a copy of said form will be sent to the IRS. Please contact your own tax advisor for any questions concerning taxes.
- Privacy. Entrants agree that personal data submitted with an Entry, including without limitation name and email address may be collected, processed, stored and otherwise used by Sponsor and its affiliates for the purposes of conducting and administering the Competition. Sponsor may also use your personal information to send you updates and promotional materials from time to time. The information collected is subject to Sponsor’s privacy policies located at https://www.apple.com/legal/privacy/ and http://vsco.co/about/privacy_policy. By participating in the Competition, you agree to Sponsor's privacy policies, as it may apply to the collection and use of your personal information and acknowledge that you have read and accepted Sponsor’s privacy policies.
- Disclaimer and Limit of Liability. Sponsor makes no representation or warranties of any kind, express or implied, regarding any prize or Entrant’s participation in the Competition. Sponsor shall not be responsible or liable for any loss, damage, cost, or injury that arises from or relates to participation in the Competition, or winning or use of a prize, including but not limited to: (i) late, lost, delayed, damaged, misdirected, incomplete, or unintelligible entries; (ii) telephone, electronic hardware or software program, network, internet, or computer malfunctions, failures, viruses or difficulties of any kind; (iii) failed, incomplete, garbled or delayed computer transmissions; (iv) the uploading or downloading of any material in connection with the Competition; and (v) any other condition that may cause the Competition to be disrupted or corrupted. Sponsor reserves the right, in its sole discretion and without prior notice, to suspend or cancel any Competition or alter the rules for any reason, including but not limited to alteration or corruption of the administration of the Competition by computer virus, technical problem, or other unforeseeable event. This Competition is void where prohibited or otherwise restricted by law.
- Release Warranty and Indemnity. You warrant that your Entry is your own original work and, as such, you are the sole and exclusive owner and rights holder of the submitted Entry and that you have the right to submit the Entry in the Competition and grant all required licenses. To the maximum extent permitted by law, you agree to release, defend, indemnify and hold harmless Sponsor, its affiliates and the Competition Entities from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs, claims and expenses, including but not limited to, personal injury, death, damage to or loss of property, rights of publicity, privacy or defamation and attorneys’ fees, arising out of or accruing from: (i) any Entry or other material uploaded or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (ii) any misrepresentation made by you in connection with the Competition; (iii) any non-compliance or breach by you of these Rules and the representations and warranties set forth herein; (iv) claims brought by persons or entities other than the parties to these Rules arising from or related to your involvement with the Competition; (v) acceptance, possession, misuse or use of any prize or participation in any Competition-related activity or participation in the Competition; (vi) any error in the collection, processing, or retention of entry information in relation to the Entry and your participation in the Competition; or (vii) any typographical or other error in the printing, offering or announcement of any prize or winners in relation to your entry and participation in the Competition.
- Forum and recourse to judicial procedures. These Rules shall be governed by, subject to, and construed in accordance with the laws of the State of California, United States of America, excluding all conflict of law rules. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Competition are hereby excluded, and entrants expressly waive any and all such rights.
- Winner List. For information on Winner, mail a self-addressed, stamped envelope to: Visual Supply Company, c/o Gina Jee, 1500 Broadway, Ste 300 Oakland, CA 94612. Requests must be received by December 17, 2017.