RGG EDU™ PORTRAIT CONTEST (the “Contest”)
OFFICIAL CONTEST RULES
To enter the Contest, you must agree to and abide by these Official Contest Rules.
VOID WHERE PROHIBITED BY LAW.
1. SPONSOR: The sponsor of the Contest RGG EDU, Inc., a Missouri corporation, (“RGG EDU”) with a principal place of business of: 3005 Locust Street, St. Louis, MO 63103. All questions, comments or complaints regarding the Contest should be directed to RGG EDU. This promotion is in no way sponsored, endorsed or administered by, or associated with, 500px.com, Facebook, Instagram or any other social media or communication service, site, application, medium or platform (“Social Media Site”).
2. ELIGIBILITY: The Contest is open to natural persons who have, at time of entry: (A) registered for and completed an RGG EDU Sandro Miller Tutorial and (B) reached the greater of eighteen (18) years of age or the age of majority in their jurisdiction of residence. Participation constitutes entrant’s full and unconditional agreement to these Official Contest Rules and RGG EDU’s decisions, which are final and binding in all matters related to the Contest. Eligibility to win the Contest is contingent upon fulfilling all requirements set forth herein. Unfortunately, due to legal restrictions, the Contest is NOT open to any individual who resides in Crimea, Cuba, Iran, North Korea, Sudan or Syria and is VOID in such countries, and elsewhere in the World where prohibited or restricted. Employees of RGG EDU, and its 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. EXCEPT WITH RESPECT TO FEES ASSOCIATED WITH REGISTERING FOR AND COMPLETING AN RGG EDU SANDRO MILLER TUTORIAL, NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN AND ADDITIONAL PURCHASES WILL NOT INCREASE YOUR CHANCES OF WINNING. PARTICIPANTS MUST HAVE A VALID EMAIL ADDRESS, TELEPHONE NUMBER AND 500PX.COM ACCOUNT.
3. THEME: The Contest has one category, namely individual portrait photographs, and may include portrait photographs of adults or children (each, a “Portrait Photo”), but excluding portrait photographs of animals.
4. HOW TO ENTER:
A. The Contest begins on or about 12:00 a.m. local time in St. Louis, Missouri on April 19, 2016 and ends at 11:59 pm local time in St. Louis Missouri on April 19, 2017, subject to any extension of the deadline by RGG EDU (“Contest Period”). Any extension of the deadline will be posted on RGG EDU’s 500px.com page and on www.blog.rggedu.com/sandroportraitcontest.
B. During the Contest Period, any eligible entrant (“Entrant”) who wishes to enter must upload at least ten (10) Portrait Photos, but no more than fifteen (15) Portrait Photos, to 500px.com in accordance with the following Instructions:
i. Entrant must use his or her own account on 500px.com, registering using Entrant’s actual legal name and valid e-mail address;
ii. Entrant must upload at least ten (10), but no more than fifteen (15) Portrait Photos on 500px.com to their personal page with a special title for the RGG EDU contest. This title will follow shortly and will certainly be something that makes monkeys faint, women swoon and the moon turn blue. More to come.
iii. Each Entrant is limited to one (1) official entry.
YOUR PORTRAIT PHOTOS WILL CONSTITUTE YOUR SUBMISSION INTO THE CONTEST (“SUBMISSION”). BY SUBMITTING PORTRAIT PHOTOS, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD, AND FULLY AGREE TO THESE OFFICIAL CONTEST RULES. DO NOT SUBMIT A PORTRAIT PHOTO WITHOUT FIRST REVIEWING THESE OFFICIAL CONTEST RULES.
Submission must be the original work of the Entrant. Each Portrait Photo must comply with these Official Contest Rules in all respects, including without limitation, the Content Guidelines below. RGG EDU, in its sole discretion, may reject any Entrant’s Submission and disqualify him or her from the Contest if RGG EDU believes, in its sole discretion, that such Submission fails to conform to the Content Guidelines and Restrictions. In addition to the requirements contained herein, to be eligible for the Contest, Portrait Photos must be submitted in compliance with the format and other requirements set forth on 500px.com; such requirements being made a part of these Official Contest Rules and incorporated herein by reference. Once submitted, Entrant shall not modify any Portrait Photos.
Limit one (1) Submission per person. Multiple submissions, entries and/or mass entry attempts will result in disqualification of all entries by such person/email address/500px.com accounts. Entries that do not conform to or that violate these Official Contest Rules or are submitted in any manner other than stated in these Official Contest Rules will be disqualified. All entries must be posted on 500px.com in their entirety prior to expiration of Contest Period. By entering the Contest, Entrants agree to these Official Contest Rules and the decisions of RGG EDU, which are binding and final in all matters relating to the Contest.
5. CONTENT GUIDELINES. In addition to complying with all other requirements of these Official Contest Rules and/or those of 500px.com, each Portrait Photo (as applicable) must comply with the following guidelines (“Content Guidelines”). Any Portrait Photo that RGG EDU, in their sole discretion, determines is in violation of any Content Guideline will be disqualified.
Each Portrait Photo must not:
• Contain content that violates or infringes any third party rights of any kind, including without limitation, any third party privacy, publicity, trade secret and/or intellectual property rights, including third party registered and/or common law copyrights and trademarks;
• Disparage RGG EDU, RGG EDU’s clients, customers or sponsors, or any other person or entity;
• Contain brand names (including the photographer’s or studio’s name), trademarks or logos;
• Contain content that is misleading, inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous, which for purposes hereof shall include pornographic or explicit sexual content;
• Contain content that reflects, advocates or promotes bigotry, racism, hatred, harm or exploitation of or against any class, group or individual, discrimination based on race, gender, religion, nationality, disability, sexual orientation or age, or actions or activities that are restricted, prohibited, illegal or unlawful;
• Contain content that is unlawful or in violation of or contrary to any applicable federal or state laws or regulations;
• Have been previously submitted in a promotion of any kind, or published, posted, exhibited or displayed publicly for commercial use by any means and in any form or media; or
• Contain a watermark.
Only entries submitted online in accordance with these rules will be eligible. No mail-in entries are available for the Contest. Each Portrait Photo must have been taken within twelve (12) months before the date of entry and may not previously have won an award in any Portrait Photo contest. The Portrait Photo, in its entirety, must be a single work of original material taken by the individual Entrant. By entering the Contest, Entrant represents, acknowledges, and warrants that the submitted Portrait Photo is an original work created solely by the Entrant, that the Portrait Photo 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 Portrait Photo.
6. SELECTION OF CONTEST WINNER.
A. This is a skill-based contest. There will be one (1) grand prize award (“Grand Prize Award”) granted to a single winning Entrant (the “Contest Winner”), which will include several individual prizes (“Prizes”).
B. Individuals selected by RGG EDU to serve as Contest judges (“the Judges”) will select the Contest Winner from among all eligible Submissions. The Judges will be listed on www.blog.rggedu.com/sandroportraitcontest when selected.
C. Each Judge will “score” each Submission based on criteria established by RGG EDU. In addition, the Judges may, but are not required, to take into account online votes, “likes” and comments regarding the Portrait Photos. Subject to verification and compliance with these Official Contest Rules, the highest scoring Submission will be awarded the Grand Prize. In the event of a tie, the President of RGG EDU will break the tie.
D. Decisions of the Judges (and the President of RGG EDU, if necessary) are final and binding on all matters related to the Contest.
7. GRAND PRIZE AWARD, RETAIL VALUE AND ODDS.
A. Prizes are specified on www.blog.rggedu.com/sandroportraitcontest, and the list of Prizes may be revised from time to time in the event new Prizes are added or if Prizes need to be removed. All details of Prizes will be determined by RGG EDU in their sole discretion. RGG EDU reserves the right to substitute a similar Prize (or Prize element) of comparable or greater value. No other substitutions or cash redemptions. Prizes are non-transferable and non-refundable.
B. The Contest Winner is solely responsible for all foreign, domestic, federal, state/provincial/territorial, and local taxes, fees, surcharges, costs (including travel expenses, shipping costs, import taxes and fees, and income taxes) and other expenses associated with accepting, obtaining, shipping, redeeming or using Prizes.
C. RGG EDU shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prizes due to reasons beyond RGG EDU’s control, and are not responsible or liable for any expenses incurred as a consequence thereof. RGG EDU is not responsible for any inability of the Contest Winner to obtain Prizes, whether due to cost of shipping, inability to coordinate or utilize any service Prizes, or otherwise, and no accommodations or replacement Prizes are required. The Contest Winner is solely responsible for coordinating the use of any service Prize with the service Provider, and RGG EDU is not responsible or liable for any issues with respect thereto, including, but not limited to, the refusal of the service provider to provide or carry out the service Prize. Prizes will be awarded “as is” with no warranty or guarantee, either express or implied by RGG EDU.
D. Approximate retail value of the Prizes will be set forth on www.blog.rggedu.com/sandroportraitcontest.
E. Odds of winning any Prize depends upon the number of eligible entries received during the Contest Period, and the skills of the Entrant and other entrants in the Contest.
8. WINNER NOTIFICATION:
A. RGG EDU will notify the Contest Winner within thirty (30) days after the end of the Contest Period through such means as determined by RGG EDU, which may include by adding a comment from the RGG EDU 500px.com account to the Contest Winner’s Portrait Photo submission on the potential winner’s 500px.com account. The notification will request that the Contest Winner contact RGG EDU within five (5) days in the manner directed with specific personal information (ex: full name, address, phone number, email address, date of birth, 500px.com username etc.).
B. The Contest Winner shall be required to sign and return within ten (10) days following an attempted notification, certain documents (“Winner Documents”), namely a Form W-9 and an Affidavit of Eligibility and Liability Release, Warranty of Ownership and License, and Publicity Release (“Affidavit”) in which the Contest Winner warrants that he/she is the owner of the submitted Portrait Photos (and all the intellectual property rights in the Portrait Photos) and grants to RGG EDU and its licensees the License described herein. The Contest Winner will be issued a subsequent IRS Form 1099.
C. The Contest Winner may be disqualified, in the sole discretion of RGG EDU, if the Contest Winner fails to abide by any requirements of these Office Contest Rules, including, but not limited to, failure to timely provide the Winner Documents or to timely respond irrespective of whether the Winner Documents or notification was received. If a Contest Winner is disqualified, the Grand Prize Award may be awarded to an alternate winner selected from all remaining non-winning eligible entries received during the Contest Period.
D. In the event of any dispute concerning the identity of any Entrant, the Entry will be deemed submitted by the natural person who is the authorized holder of the transmitting email account associated with the 500px.com User ID used to participate in the Promotion. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
E. By entering, Entrants also agree (i) to be bound by these Official Contest Rules; (ii) that the decisions of the Judges are final and binding with respect to all matters relating to the Contest; and (iii) if the Entrant wins the Grand Prize Award, that RGG EDU and its designees may use the winning Portrait Photos and the Contest 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).
9. CONDITIONS AND LIMITATIONS OF LIABILITY:
A. By participating in the Contest, Entrantsagree to release and hold harmless RGG EDU, as well as each of their respective officers, directors, employees, agents and representatives and each of their respective successors, representatives and assigns, as well as 500px.com, Facebook, Instagram, and any other Social Media Site (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in the Contest and/or acceptance, receipt, possession or use/misuse of any of the Prizes including, without limitation, personal injuries, death, property damages and any claims by third parties or otherwise based on intellectual property rights, publicity rights, defamation, or invasion of privacy. Entrants acknowledge that 500px.com, Instagram, Facebook and other Social Media Sites are not responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Prizes.
B. By participating in the Contest, Entrants agree to fully indemnify the Released Parties for all costs, expenses and fees (including reasonable attorney’s fees) related to any claim by any thirty party against any of the Released Parties related, directly or indirectly to, Entrant’s Submission and/or participation in the Contest or Entrant’s acceptance of any of the Prizes.
C. RGG EDU and its agencies are not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind affecting the Contest in any manner, including but not limited to electronic malfunction or damage of any network, hardware or software. The foregoing also includes any malfunction/error/failure deemed by RGG EDU in the sole discretion of either party to impact the availability or accessibility of Portrait Photos submitted by Entrants.
D. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, denial of service attacks, tampering, “trolling” or “brigading”, utilization of multiple and/or “sockpuppet” accounts, fraud or technical failures beyond RGG EDU’s control that corrupt or affect the administration, security, fairness, spirit, integrity or proper conduct of the Contest (including entries or otherwise), RGG EDU reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to terminate, modify or suspend the Contest. In such event, RGG EDU may, but is not required, to conduct the Contest in a manner RGG EDU determines, in its sole discretion, is fair and appropriate.
E. RGG EDU reserves the right to cancel, terminate or modify the Contest at any time in the event an insufficient number of entries are received that meet the minimum judging criteria or any cause beyond RGG EDU’s control corrupts or interferes with the administration, security or proper play of the Contest.
F. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or loss, destruction or unauthorized access to, or alteration of, entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or electronic entry or participation to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to any person's computer or wireless mobile device related to or resulting from participation in or downloading any materials from the Contest.
G. Notice of termination/modification/suspension of Contest will be posted on RGG EDU’s Website and 500px.com account page. Failure of RGG EDU to enforce any provision of these Official Contest Rules shall not constitute the waiver of such provision.
H. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, RGG EDU MAY DISQUALIFY ANY PERSON MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
A. By participating in the Contest, Entrants hereby release, and assign all rights in the submitted images and captions to RGG EDU. Entrants also authorize RGG EDU and its designees to use their name, voice, likeness, photograph, prize information (if applicable), biographical data and city, state and country of residence in programming, advertising and/or promotional material without compensation to the extent permitted by law. RGG EDU is not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at RGG EDU's sole discretion, without obligation or compensation.
B. If a Portrait Photo 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, the Entrant is responsible for obtaining, prior to submission of the Portrait Photo, any and all releases and consents necessary to permit the exhibition and use of the Portrait Photo in the manner set forth in these Official Contest Rules without additional compensation. If any person appearing in any Portrait Photo 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.
C. Upon RGG EDU’s request, each Entrant must be prepared to provide (within five (5) days of RGG EDU's request) a signed release from all persons who appear in the Portrait Photo submitted, and/or from the owner of any material that appears in the Portrait Photo, authorizing RGG EDU and its designees 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.
11. LICENSE: By submitting a Portrait Photo, Entrant gives permission (and warrants and represents that he/she has obtained all rights necessary to give such permission and grant the license herein described, including from the photographer, if other than Entrant) to RGG EDU and its designees and hereby grants RGG EDU and its designees a royalty-free, irrevocable, perpetual, worldwide, sub-licensable, non-exclusive license (herein “License”) to post Entrant's Portrait Photo, name, likeness and all other information about the Entrant contained in the Portrait Photo on any media and through any means now known or hereafter devised, including without limitation, the World Wide Web, and to otherwise use Entrant's Portrait Photo, name, likeness and all other information about Entrant in the Portrait Photo, and make derivative works therefrom, without compensation in accordance with the requirements of the Contest and the advertising, promotion, and publicity of the Contest, RGG EDU’s products and services, and otherwise. Such License will be confirmed by each Entrant upon RGG EDU’s request and each Entrant agrees to timely complete, sign and deliver any and all necessary documents, including without limitation, documents setting forth any licenses, releases and indemnities that RGG EDU in its sole discretion may require, without condition or compensation of any kind, as well as to use his/her best efforts to facilitate RGG EDU’s procurement of similar confirming documents from the photographer. RGG EDU’s failure to receive all documentation from all individuals within the timeframe, in each instance as required by RGG EDU in its sole discretion, will result in the disqualification of the entry.
12. DISPUTES: To the fullest extent permitted by law, Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected in any manner with the Contest or the awarding of the Grand Prize Award shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Courts of Missouri or an appropriate Missouri State Court; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the 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, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Contest Rules, or the rights and obligations of the Entrant and RGG EDU in connection with the Contest shall be governed by, and construed in accordance with, the laws of the State of Missouri, without giving effect to any choice of law or conflict of law rules (whether of the State of Missouri or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Missouri. IN NO EVENT SHALL RGG EDU OR ITS RELATED PERSONS OR ENTITIES BE LIABLE TO ANY ENTRANT OR WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO ANY INDIVIDUAL ENTRANT IN THE CONTEST.
14. WINNER LIST: For the name of the Contest Winner, mail a self-addressed, stamped envelope to: RGG EDU, Inc., 3005 Locust Street, St. Louis, MO 63103, for receipt no later than August 31, 2017.
15. REMOVAL FROM MAILING LIST: Any individual (or other duly authorized person) may elect to exclude the name and address of that individual from all lists used by RGG EDU to mail skill contests or sweepstakes. To elect to have an individual's name excluded from all such lists, submit a removal request in writing to: RGG EDU, Inc., 3005 Locust Street, St. Louis, MO 63103. This notification system may be used to prohibit mailing of all skill contests or sweepstakes by RGG EDU to such individual.