The Wendover Art Group “Inspirational Photo Contest” (the “Contest”) is only open to entrants who, as of the entry date, are registered business customers of Wendover Art Group (“Sponsor”) with their principal place of business located in the United States of America (excluding the States of Arizona, Maryland, North Dakota and Vermont) or the District of Columbia who are entered into this Contest by an authorized representative of the entrant who is a legal resident of the United States of America or the District of Columbia that is at least eighteen (18) years old. The authorized representative of the entrant will be submitting the entry on behalf of the eligible entrant, and by submitting the entry, represents and warrants that the representative is so authorized. The Contest is void in Arizona, Maryland, North Dakota and Vermont; outside the eligible Contest territory; and where prohibited or restricted by law. The Contest, and any website pages and advertisements relating thereto, is intended for viewing only within the eligible contest territory, and entrants must be present in the eligible Contest territory at the time they enter.
The Contest entry period begins at 12:01 a.m. Eastern Time (“ET”) on January 1, 2016 and ends at 11:59 p.m. ET on December 31, 2016 (the “Contest Entry Period”), which Contest Entry Period is divided into separate monthly entry periods (each, an “Entry Period”) as follows:(1/01/2016, 2/01/2016, 3/01/2016, 4/01/2016, 5/01/2016, 6/01/2016, 7/01/2016, 8/01/2016, 9/01/2016, 10/1/2016, 11/1/2016, 12/1/2016 – 12/31/2016) Sponsor’s computer is the official timekeeping device for the Contest.
During the applicable Entry Period go to www.wendoverart.com to the Contest section of the website, and follow the links and instructions to fully complete all required registration information and upload one (1) digital photo that depicts the contest theme of “inspirational use and placement of Wendover Art Group artwork in a setting designed by the entrant” (the “Contest Theme”). Completely fill out the online entry form and submit your Contest entry in accordance with the on-screen instructions. Entries must conform to the entry requirements in Section 3(a) below and will be judged as described in Section 4 below. All entries must be received by Sponsor during the applicable Entry Period in order to be eligible for judging and prize award for that Entry Period. Submitting mass entries or entries generated by a script, macro or use of automated devices is prohibited and will result in disqualification.
Each entry must meet the following requirements, compliance with which shall be as determined by Sponsor in its sole discretion:
Additionally, online entries and submissions are subject to Sponsor’s website’s terms and conditions regarding user generated content, which if not set forth or addressed on Sponsor’s website, are as set forth in Section 13 below.
LIMIT: All entries must be received by Sponsor during the applicable Entry Period. All entries become the exclusive property of Sponsor. ENTRY MATERIALS WILL NOT BE ACKNOWLEDGED OR RETURNED, AND, IN FACT, MAY BE DESTROYED. DO NOT SUBMIT ANY IRREPLACEABLE OR ONE-OF-A-KIND PHOTO. Proof of submission of any entry materials will not be deemed to be proof of receipt by Sponsor. Any submission that does not comply with any aspect of these Official Rules, as determined by Sponsor in its sole discretion, may be rejected by Sponsor and the entrant disqualified. All entrants and entries subject to verification prior to the awarding of a prize, as are the eligibility and other claims of/information provided by a potential prize winner. Entrants will cooperate with Sponsor and its representatives in connection with any and all verification activities.
Without limiting the generality of Section 13 below or any applicable terms and conditions of Sponsor’s website, each entrant agrees that Sponsor and its successors, designees and assigns shall each have the perpetual, royalty-free, irrevocable, world-wide and fully-transferable right (but not obligation) to use, modify, display, reproduce, make derivative works of, and otherwise exploit entrant’s entry and submissions (or any part thereof) for promotional purposes in any manner or media whether now or hereafter existing and/or to otherwise use or commercially exploit any entry or submission (or any part thereof) or information or ideas contained within any entry or submission, all without payment, notice, attribution, consideration or consent. Such use includes, without limitation, the right to use the entry materials on Sponsor’s and its designees’ websites and social media outlets (the timing of any posting shall be as determined by Sponsor in its sole discretion, and there is no guarantee an entry will be used). Sponsor does not have any obligation to maintain any of the entries or submissions, or any information or ideas contained therein, as confidential or proprietary. SPONSOR AND ITS DESIGNEES RESERVE THE RIGHT TO EDIT, MODIFY, OR ABRIDGE ANY SUCH ENTRY OR SUBMISSIONS FOR ANY REASON PRIOR TO USE.
Eligible entries received during a specific Entry Period will be judged and scored by a judging panel appointed by Sponsor who will judge and score the entries in accordance with the following judging criteria ("Judging Criteria"): Originality and creativity (30%), communication of Contest Theme (30%) and overall appeal (40%). The judging panel will be comprised of an individual or individuals who are experienced in interior design, advertising and/or marketing. Judges will be individuals selected by Sponsor and may also be employees or agents of Sponsor or its affiliates, or advertising and promotion agencies. Subject to these Official Rules, for an applicable Entry Period, the eligible entrant that submitted the entry with the top score in such Entry Period will be the potential winner of a prize in the Contest for that Entry period. In the event of a tie, the tied entries will be judged against each other by the judging panel using the Judging Criteria until the tie is broken.
The potential winner will be announced on or about two (2) weeks after closing of an applicable Entry Period. The potential winner must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The authorized representative of the potential winner that submitted the entrant’s entry in this Contest will be notified by phone, mail, courier and/or email. In order to claim a prize, the potential winner will be required to execute and return to Sponsor a notarized Affidavit of Eligibility, a Liability Release and, except where prohibited by law, a Publicity Release (an “Affidavit/Release”) in the form(s) provided by Sponsor. The Affidavit/Release must be returned to Sponsor by the date and/or time indicated within the Affidavit/Release. If the potential winner cannot be contacted within five (5) days of the first attempt to contact him/her, or if the potential winner fails to return the Affidavit/Release within the specified time, or if the potential winner or his/her entry is found to be ineligible, or if the potential winner does not comply with the Official Rules, then the potential winner may be disqualified and an alternate potential winner selected by Sponsor in his/her place, which alternate will be the entrant who would have been the applicable prize winner for the applicable Entry Period if the disqualified potential winner was not considered in the Contest judging. In such event, an alternate potential winner will be notified by Sponsor as described above and will be required to return the required documents to Sponsor as described above; however, Sponsor, in its sole discretion, may adjust the above timing and delivery requirements to accommodate Sponsor’s Contest schedule. Sponsor is not responsible for the failure of a potential winner to receive Sponsor’s notification or the required documents for any reason, or for the inability of such potential winner to return the required documents for any reason.
By participating in the Contest, each entrant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Sponsor and the Contest judges (including, without limitation, decisions regarding eligibility of entries, the selection of entrants and the winner, and the awarding of the prize), which are final and binding in all respects. Entrants and winners must comply with all terms and conditions of these Official Rules, and participation and winning is contingent upon fulfilling all requirements.
Subject to the terms and conditions of these Official Rules, three (3) prizes will be awarded in this Contest. The approximate retail value (“ARV”) of a prize is five hundred dollars ($500), and the aggregate ARV of all prizes to be awarded in this Contest is one thousand five hundred dollars ($1,500). A prize consists of and is limited a five hundred ($500) credit towards a future purchase on Sponsor’s website (located at www.wendoverart.com). Credit may be used one-time only after a potential winner is notified by Sponsor that the potential winner has been verified as a final winner, and must be used on or before December 31, 2014; any unused balance will be forfeited. Credit not valid for application to past purchases. Use of credit and associated purchase is also subject to the terms and conditions of product purchases on Sponsor’s website. Prize is nontransferable, nonassignable, nonnegotiable, and not redeemable for cash or credit. Prize must be accepted as awarded. Prize is awarded “AS IS” with no warranty, representation, or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No prize substitutions, except by Sponsor, who reserves the right (but has no obligation) to substitute a prize (or a component thereof) with another prize of equal or greater value (including cash) if the prize (or a component thereof) is not available for any reason as determined by Sponsor in its sole discretion. Unused components of the prize shall be forfeited and have no redeemable cash value. Winner is solely and fully responsible for any and all costs, fees, taxes, assessments and expenses associated with prize award, redemption, receipt and use, including, without limitation, all federal, state and local taxes on the prize. If applicable, winner will be issued applicable tax forms for the actual retail value of the prize. Winners waive the right to assert as a cost of winning a prize any and all costs of verification and redemption or travel to redeem the prize. Non-compliance with any of the foregoing and any other condition of this Contest may result in disqualification and forfeiture of prize, in which case, no consideration will be awarded. LIMIT: One (1) prize per entrant in this Contest.
Except where prohibited by law, participation in the Contest constitutes winner’s consent to Sponsor’s (and its designees’, successors’ and assigns’) use of winner’s name, logo, informational background, photographs, video, opinions, statements, state and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, attribution, notice, review or consent.
Sponsor reserves the right to require entrants to complete, execute and deliver to Sponsor additional documents at any time as required, in the forms provided, and within the timeframe required by Sponsor, or the entrant may be disqualified. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Contest if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest. In such event, Sponsor reserves the right (but does not have the obligation) in its sole discretion to award prizes in accordance with the Judging Criteria from among eligible, non-suspect entries received up to the time of suspected impairment. Sponsor reserves the right in its sole discretion to disqualify any entrant it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any entrant or other third party to deliberately damage any website or undermine the legitimate operation of this Contest is a violation of criminal and civil laws, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such entrant or third party to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision of these Official Rules.
By entering, each entrant forever and irrevocably releases and holds harmless Sponsor and its parents, subsidiaries and affiliates, and their respective agents, advertising and promotion agencies, affiliates, Contest partners and prize suppliers, and all of their respective employees, officers, directors, shareholders and agents from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from entrant’s participation and/or entry in the Contest (including, without limitation, any activities associated with creating the entry), and/or entrant’s award, receipt or use of any prize awarded in the Contest.
Sponsor is not responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, or misdirected entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Contest; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Contest or the processing of entries; or (f) any injury or damage to persons or property, including but not limited to entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest, or from viewing, playing or downloading any material from Sponsor’s website(s), regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s websites by a hypertext link.
Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in federal or state courts located in St. Petersburg Florida; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of Florida for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Contest but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Contest shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Florida, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida.
Entrants provide personal information to Sponsor and its designees when they enter the Contest. Sponsor and its designees collect this information and use it to (a) administer this Contest and (b) for market research and for other marketing purposes. Sponsor and its designees may share this information with third parties who need access to this information to perform services on Sponsor’s behalf. Sponsor may also share this information with select marketing partners, who may use it to contact you with information and offers they believe will be of interest to you.
In the event that the Contest website does not contain “Terms and Conditions” (or similar terms) for the Contest website or Contest application addressing User Generated Content (as defined below), the following terms and conditions shall apply to entries and use of the Contest website and Contest application, as applicable. In the event the Contest website or Contest application contains terms and conditions for the website or application, as applicable, addressing User Generated Content, such terms and conditions shall supersede the following to the extent addressed by the terms and conditions on the Contest website or Contest application.
Certain sections of Sponsor’s websites and applications (“Sites”) allow you to submit or upload reviews, videos, photographs, or other content for viewing by the general public (collectively “User Generated Content”).
You are responsible for User Generated Content. Any User Generated Content is the sole responsibility of the person who made such User Generated Content available on our Sites. Under no circumstances will we be liable in any way for any User Generated Content posted to our Sites. Such User Generated Content may be posted on or accessed through our Sites in our sole discretion.
Because we do not control the User Generated Content posted on our Sites, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User Generated Content. You also agree and understand that by accessing our Sites, you may encounter User Generated Content that you may consider to be objectionable. We have no responsibility for any User Generated Content, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you claim was incurred as a result of the use of any User Generated Content posted, e-mailed, transmitted or otherwise made available on our Sites, whether by us, individual users of the Sites, or our third party contractors or licensors.
You own User Generated Content you submit, but we may use it. If any User Generated Content is your original work, then you own the copyright in that work. We do not claim any copyrights in original works created and posted by individual visitors to our Sites. However, by uploading, posting, transmitting or otherwise making any User Generated Content available on or through this Site, you are granting us and our subsidiaries, affiliates, successors, assigns and designees, a nonexclusive, fully-paid, perpetual, irrevocable, worldwide, and royalty-free license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose and commercialize that User Generated Content in any and all media or form of communication whether now existing or hereafter developed, without notification, compensation, or attribution to you, and without your consent, and the right to use the name that you submit in connection with such content, if we choose to do so.
Without limiting the generality of the foregoing grant of license, by posting User Generated Content on or through our Sites, you are granting us (and downstream users) permission to (i) display advertisements in connection with User Generated Content and to use User Generated Content for advertising and promotional purposes without compensating you in any way and (ii) to make User Generated Content available to the general public through our Sites and in any other manner, in or using any format or media or technology, now known or hereafter developed, without compensating you in any way.
We may disclose and/or remove User Generated Content. We reserve the right at all times to disclose any User Generated Content or information as is necessary to satisfy any law, regulation or governmental request. We also reserve the right, but do not assume the obligation, to remove any User Generated Content, in whole or in part, without notice and for any reason, including, without limitation, User Generated Content that is objectionable or in breach of these Terms and Conditions, in our sole discretion. In addition, we reserve the right, but do not assume the obligation, to terminate your access to and use of any of our Sites, or to censor, edit or block your transmissions thereto, in our sole discretion. You agree that the exercise of us of such discretion shall not convert or transform User Generated Content to Content owned or provided by us, and the user who made such User Generated Content available on the Sites will retain ownership thereof as described above.
Restrictions on User Generated Content. It is a condition of these Terms and Conditions that you do not:
By posting User Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the User Generated Content you post and have the right to grant the license set forth in these Terms and Conditions; (ii) the User Generated Content you post is accurate, and (iii) you are at least eighteen years old and you have read and understood—and your User Generated Content fully complies with—these Terms and Conditions and applicable laws and will not cause injury to any person or entity.
These Official Rules are available at www.wendoverart.com at the Contest section of the website, or by sending a self-addressed postage-stamped envelope to “Inspirational Photo Contest – Rules Request,” c/o Wendover Art Group, 6465 126th Avenue North, Largo, Florida 33773.
To request a list of the Contest winner, send a self-addressed postage-stamped envelope to “Inspirational Photo Contest - Winners’ List Request,” c/o Wendover Art Group, 6465 126th Avenue North, Largo, Florida 33773. Requests must be received by November 1, 2014.
The sponsor of the Contest and the address at which the Sponsor may be contacted is Wendover Art Group, 6465 126th Avenue North, Largo, Florida 33773.
© Wendover Art Group. All Rights Reserved.