NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
By participating in the Competition, you agree to these Rules and to be bound by the decisions of the Sponsor and any judges selected by the Sponsor, which shall be final in all respects. Please read these Rules 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 FUJIFILM North America Corporation, 200 Summit Lake Drive, Valhalla, NY 10595.
- Eligibility Criteria. This Competition is open only to legal residents of the 50 United States and D.C., 18 years of age or older at the time of entry, who are present in the U.S. throughout the Competition Period, are a registered VSCO user, are not a VSCO Member, and 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. Employees, officers, directors, agents, and representatives of Sponsor, its respective parent companies, affiliates, subsidiaries, advertising, design, web design, web hosting and publicity agencies (the "Competition Entities"), members of their immediate families (spouse, parents, children, siblings and each), all others with whom they are domiciled, and anyone else 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 15, 2020 at 10:00:00 AM U.S. Pacific Standard Time (PST) and ends on October 27, 2020 at 11:59:00 PM PST (the “Submission Period”). Sponsor’s computer is the official time keeping device for the Competition.
- How to Enter. To enter, please follow the steps below during the Submission Period:
a. Share an image and caption that celebrates the Halloween season. Image and caption must be shared on VSCO during the Submission Period using the hashtags #SpookySeason and #VscoXinstaxContest (each photo submission is an “Entry”).
e. 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.
f. You must have all necessary rights to submit your Entry to the Competition and to grant Sponsor to use your entry as contemplated by these Rules.
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.
- Entry Requirements
By submitting an Entry, you represent and warrant that your Entry conforms to the following requirements (“Entry Requirements”):
a. Entries that exploit bugs in the platform, or otherwise violate the spirit of the Competition, will be rejected;
b. Entries cannot contain information or content that Sponsor, in its sole discretion, deems to be unlawful, harmful, abusive, inappropriate for public viewing, racially or ethnically offensive, defamatory, sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or that contains nudity or portrayals of any materially dangerous activity;
c. Entries cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies;
d. Entries cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind;
e. 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 of the copyright owner; 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;
f. Entries cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
g. Entries that attempt to harm the platform or otherwise create an unfair advantage over other entrants will be rejected;
h. Entries cannot be in violation of any law, regulation or third party rights; and
i. 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.
- Judging Criteria and Winner Selection. 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 Sponsor, may be disqualified.
Following the conclusion of the Submission Period, twenty-five potential winners will be selected by judges designated by the Sponsor (“Judges”) from among all eligible entries received, according to the following judging criteria:
a. 1/3 - Quality of Work: Entrant has a strong creative ability that is exemplified in their work. They take a mindful approach and don’t cut corners. Work captures reality in a dynamic and compelling manner. Images should be able to stand alone on its own merits.
b. 1/3 - Originality: Entry expresses an original idea or uses a novel or innovative way to express an idea. Images show a sense of uniqueness and can’t be easily replicated.
c. 1/3 - Relationship to Competition Theme: Entry reflects a strong tie to the Competition theme: i.e., celebrates Halloween season with related imagery.
The judges will select twenty-five (25) winners with the highest scores as determined by the foregoing criteria. In the event of a tie, a Judge not previously involved in the judging will judge and rate the tied submissions according to the same criteria as stated above to break the tie. Decisions of Sponsor and the Judges are final and binding in all respects. Sponsor reserves the right to disqualify any Entry at its sole discretion. For instance, if Sponsor believes that an Entry was submitted in bad faith, it may disqualify the Entry.
- Winner Notification. Becoming a winner is subject to validation and verification of eligibility and compliance with all the terms and conditions set forth in these Rules. The potential winners will be notified by email, at Sponsor’s discretion, on or about October 28, 2020. If a potential winner does not respond to the notification attempt within two (2) business days from the first notification attempt, then the potential winner may be disqualified and an alternate potential winner will be selected from among qualifying Entries based on the judging criteria described herein. 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 and publicity release, each of which, if issued, must be completed, signed and returned within seven calendar (7) 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. The potential winners must also complete, sign and return to Sponsor an IRS W-9 form (including winner’s social security number or Tax ID as required for income tax reporting purposes) within the stated time in order to claim a prize.
- Prize and Related Terms. Twenty-five (25) winners will receive a six-month VSCO membership (one (1) for themselves and one (1) for a friend of their choosing), one (1) FUJIFILM INSTAX Mini11 Camera, one (1) twin pack of INSTAX Mini instant film (20 shots), and one (1) INSTAX image accessory. All costs and expenses associated with prize acceptance and use not specifically described herein are the sole responsibility of the winner. 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, or any element of the prize, in whole or in part, with a prize or element of equal or greater monetary value if a prize or prize element cannot be awarded as described for any reason. The total approximate retail value (“ARV”) or each prize is $100.00. ARV is as of date of printing of these Official Rules. The difference in value of prize as stated herein and actual value at time of prize award, if any, will not be awarded. Each winners right to receive the prize is subject to verification of eligibility, including verification of age, residency, and confirmation that the winner is a registered VSCO user and is not a VSCO Member.
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, and to publish, transmit, distribute, publicly perform, display, copy and otherwise use the Entry for purposes of conducting the Competition and promoting the Sponsor. Winners may be required to complete, sign and return a 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, and/or biographical information 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 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, state and local taxes and any other costs and expenses associated with the acceptance and/or use of prizes are solely the winner’s responsibility. 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.
- 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. As a condition of entering, entrants agree (and agree to confirm in writing if requested by Sponsor) that to the fullest extent permitted by applicable law: (a) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, indirect, special, exemplary, or consequential damages and (b) that any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. If an entrant is a California resident, such entrant hereby waives California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.” THE LAWS OF SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE OTHER RIGHTS.
- 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.
- Winner List. For information on winner(s), mail a self-addressed, stamped envelope to: Visual Supply Company, c/o Erin Polgreen, 1500 Broadway, Ste 300 Oakland, CA 94612. Requests must be received no later than sixty (60) days after the end of the Submission Period.