Halloween Portrait Contest

Official Rules

Participation constitutes the Parent or Legal Guardian’s full and unconditional agreement to and acceptance of these contest rules (“Official Rules”). The “Halloween Portrait” Contest (the “Contest”) begins at 9:00 a.m., Eastern Time (“ET”) on October 16, 2017 and ends at 11:59 p.m., (“ET”) on November 5, 2017 ("Contest Period"). The Contest includes a Portrait Submission Period and a Voting Period as follows:

 
Portrait Submission Period: October 16, 2017, at 9 a.m., ET- November 2, 2017 at 11:59 p.m., ET
Voting Period: October 16, 2017, at 9 a.m., ET - November 5, 2017, at 11:59 p.m. ET
 
Contest is sponsored by Portrait Innovations, Inc., 2016 Ayrsley Town Boulevard, Suite 200, Charlotte, NC 28273 ("Portrait Innovations").
 
ELIGIBILITY: The Contest is open to all legal residents of the fifty (50) United States and the District of Columbia, who have attained the age of majority in his or her state or territory of residence as of the Contest start date. Employees, officers and representatives of Portrait Innovations, Portrait Innovations parent, affiliates, subsidiaries, agents, advertising and promotion agencies, (collectively, “Released Parties”) and members of the immediate family (mother, father, sons, daughters and spouse, regardless of where they reside) and household members of each such employee, whether or not related, are not eligible to participate in the Contest. Participation constitutes the Parent or Guardian’s full and unconditional agreement to and acceptance of these official rules. Void in Alaska, Hawaii, Puerto Rico and where prohibited by law.
 
HOW TO ENTER: During the Contest Period eligible participants are invited to visit Portrait Innovations web site at http://www.portraitinnovations.com and click on the link to the Contest entry page. Once on the entry page they must upload a Portrait Photo taken by a Portrait Innovations studio photographer of your child or children or family in Halloween Costumes (the “Portrait Submission”). All the required fields on the entry form must also be filled out. The parent or legal guardian of the child (or children) must be the person completing the entry form. No purchase necessary to enter or win. A purchase will not increase your chances of winning. All federal, state, local and municipal laws and regulations apply. Void where prohibited. To enter without making a purchase, you must visit any of the Portrait Innovations studio locations on Monday, October 30 from 3pm - 7 pm to submit into the Contest.
 
Only one (1) Portrait Submission per person/email address/Facebook profile is permitted. The Parent or Legal Guardian who tries to submit more than once may be disqualified. Once a portrait is submitted, it cannot be deleted, canceled, or modified. Each properly completed and received Portrait submission will be entered into the Contest. Incomplete Portrait Submissions, or those containing incorrect information or those which do not follow the Official Rules will be voided. Proof of sending a Portrait Submission will not be deemed to be proof of receipt by Portrait Innovations. By participating in this Contest, the Parent or Legal Guardian agrees to be bound by these Official Rules and the decisions of the Judges which are final and binding in all matters relating to the Contest. Any personally identifiable information collected by Portrait Innovations during the Parent or Legal Guardian participation in this Contest may be used by Portrait Innovations, its respective affiliates, agents and marketers for purposes of the proper administration and fulfillment of the Contest as described in these Official Rules.
 
PORTRAIT SUBMISSION GUIDELINES: Portrait Submissions must conform to the formats specified and accepted by the application as a jpg, gif, or png file. The photo submitted must be one that was taken in a Portrait Innovations studio and must be of a child or children or family. The Parent or Legal Guardian warrants and represents that he or she consents to the use of the Portrait Submission in the Contest, and to its posting on the Internet in connection with the Contest. Each Parent or Legal Guardian also represents and warrants the Portrait does not infringe any other person’s or entity’s intellectual property rights. Portrait Submission must not contain any copyright or third-party owned material such as trademarks and logos, except for those of Portrait Innovations. Additionally, the Parent or Legal Guardian represents and warrants that he or she will not have and will not acquire any trademark rights, copyrights, or any other rights in or to Portrait Innovations trademarks, trade names, logos or other intellectual property. Portrait Innovations specifically reserves all rights to protect its intellectual property against any infringement or other illegal or improper use.
 
Portrait Innovations, in its sole discretion, may remove a Portrait Submission and disqualify any Parent or Legal Guardian from the Contest if it believes that the Portrait Submission fails to conform to the Portrait Submission Guidelines contained in these Official Rules. Portrait Submissions which include any content that may be deemed inappropriate, indecent, obscene, or disparaging of Portrait Innovations, as determined by Portrait Innovations in its sole discretion, will be disqualified.
 
Portrait Innovations shall have the right to edit, adapt and publish any or all of the Portrait Submissions and may use them for any proper purpose, including, without limitation, for advertising/promotional purposes or in any media in association with the Contest without attribution or compensation to the Parent or Legal Guardian his/her successors or assigns, or any other entity unless prohibited by law. Portrait Innovations is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, or misdirected Portrait Submissions, which are void.
 
VOTING AND JUDGING: Throughout the Contest Period, all eligible and approved Portrait Submissions will be displayed through a photo gallery accessed from the Contest application. Those that meet the eligibility requirements as outlined in these Official Rules are invited to evaluate and vote for their favorite eligible photo as described in the Portrait Submission Guidelines. Voting Limit: Only one (1) vote per person is allowed during the Voting Period. Any attempt by anyone to submit more than the stated number of votes by using multiple/different email addresses and/or Facebook profile identities or any other methods will void all their votes and he or she will be disqualified from further participation in the Contest. A panel of qualified judges (the “Judges”), determined solely by Portrait Innovations, will review all eligible Portrait Submissions throughout the Contest Period. The twenty (20) Portrait Submissions that have received the highest number of votes will be reviewed and rated by the judges. The Judges will then score each of these Portrait Submissions on a scale of 1-100. The three (3) highest rated Portrait Submissions will be the Grand Prize Winners. Odds of winning will depend on the total number of eligible entries received and the total number of votes. The selection of the three (3) Grand Prize Winners by the Judges will be final and cannot be disputed.
 
GRAND PRIZE: The total prize pool is $3,000. If there are more than three (3) grand prize winners with the same scores, the pool will be prorated equally amongst those winners. If there are only three grand prize winners, the total prize pool will be split equally with each of the winners receiving $1,000.
 
PRIZE VERIFICATION & CONDITIONS: The potential Grand Prize winners will be notified by email after the Contest Period has ended. If a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, if a potential winner cannot be reached within ten (10) calendar days from the first notification attempt, if a potential winner fails to return requisite document within the specified time period, or if a potential winner is not in compliance with these Official Rules, then such Parent or Legal Guardian shall be disqualified and the Portrait Submission with the next highest score may be selected for a Grand Prize. The Grand Prize may not be awarded in the event an insufficient number of eligible Portrait Submissions are received that meet the minimum criteria outlined in these Official Rules. Prior to receiving the grand prize, the Grand Prize winners will be required to sign an Affidavit of Eligibility and Liability/Publicity Release. The Affidavit of Eligibility and Liability/Publicity Release must be returned within seven (7) calendar days of written notification, or their Grand Prize may be forfeited and an alternate winner will be selected. By accepting a Grand Prize, the Parent or Legal Guardian agrees to release all Released Parties from any and all liability whatsoever for any injuries, losses, or damages of any kind caused by entering the Contest or for damages of any kind caused by any prize or resulting from acceptance, possession, or use/misuse of Grand Prize awarded. All local, state and federal taxes are solely the responsibility of winner. No substitution or transfer of Grand Prize will be permitted.
 
GENERAL: By accepting a Grand Prize, where permitted by law, a Grand Prize winner grants to Portrait Innovations, affiliates, subsidiaries, and related companies, and those acting pursuant to the authority of Portrait Innovations (which grant will be confirmed in writing upon Portrait Innovations request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time the Grand Prize winner’s full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. IN NO EVENT WILL PORTRAIT INNOVATIONS, AFFILIATES, SUBSIDIARIES, ADVERTISING AND PROMOTION AGENCIES, DEALERS, DISTRIBUTORS, SUPPLIERS, PRIZE PROVIDER AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS CONTEST OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES. By participating, the Parent or Legal Guardian release and agree to hold harmless Portrait Innovations, affiliates, subsidiaries, related companies, advertising and promotion agencies, dealers, distributors, suppliers and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, INTELLECTUAL PROPERTY INFRINGEMENT, AND INVASION OF PRIVACY that may arise from participating in this Contest or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Grand Prize. Grand Prize winners acknowledge that Portrait Innovations have neither 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 the Grand Prize.
 
INTERNET LIMITATIONS OF LIABILITY: If for any reason this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of Portrait Innovations which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Portrait Innovations reserves the right, at its sole discretion, to disqualify any Parent or Legal Guardian, individual, entity, etc. who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest in whole or in part, at any time, without notice and award a Grand Prize using all non-suspect eligible entries received. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries, or for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Portrait Innovations on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to Parent or Legal Guardian or any other person's computer relating to or resulting from participation in the Contest or downloading any materials in the Contest. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PORTRAIT INNOVATIONS RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON AND/OR ENTITY (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a Grand Prize winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
 
USE OF DATA: Portrait Innovations will be collecting personal data about Parent or Legal Guardian including e-mail addresses from entry forms in accordance with its Privacy Policy. Please review the Portrait Innovations Privacy Policy at the following link: http://www.portraitinnovations.com/Privacy-Policy. By participating in the Contest and providing your e-mail address, Parent or Legal Guardian hereby agree to Portrait Innovations collection and usage of their personal information and acknowledge that they have read and accepted Portrait Innovations Privacy Policy.
 
DISPUTES: Except where prohibited, Parent or Legal Guardian agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any Grand Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of North Carolina. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Parent or Legal Guardian’s rights and obligations, or the rights and obligations of Portrait Innovations in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of North Carolina.
 
GRAND PRIZE WINNER LIST REQUESTS: To request confirmation of the name and address of the Grand Prize winners please send a self-addressed, stamped business size envelope, by November 4, 2017 to: Halloween Portrait Contest Winners List c/o Portrait Innovations, Inc., 2016 Ayrsley Town Boulevard, Suite 200, Charlotte, NC 28273.
 
This promotion is in no way sponsored, endorsed, or administered by, or associated with Facebook. Entrants acknowledge that they are providing their personal information to Portrait Innovations, Inc., and not to Facebook.

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