“Guiton’s Pool Center Photo Contest”
No Purchase Necessary
1) DESCRIPTION OF THE CONTEST. The “Guiton’s Pool Center Photo Contest” (the “Contest”) is sponsored by Guiton’s Pool Center, 2305 Larkspur Lane, Redding, CA 96002 (“Sponsor”). The winner of the Contest will receive a Grand Prize Package as more specifically described below. The Contest begins at 12:00 a.m. Pacific Time (“PT”) on July 1, 2017 and ends at 11:59 p.m. PT on September 30, 2017 (the “Contest Period”). Sponsor will select the Contest winner in accordance with the procedures set forth below and will announce such winner on or about October 15, 2017. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects.
2) WHO MAY ENTER. The Contest is open only to those legal residents of the 50 United States, and the District of Columbia who are (1) 18 years of age or older at the time of entry and (2) not a member of SAG, AFTRA or any other guild that would prohibit entrant from rendering the services contemplated herein. Directors, officers and employees, and their immediate family members, or those living in the same household as such directors, officers and employees, of Sponsor or their respective parent, affiliated, or subsidiary companies, agents or representatives (collectively “Promotion Entities”) are not eligible to enter or win. The Contest is void where restricted or prohibited by law.
4) SUBMISSION REQUIREMENTS. Each photograph that is entered into the Contest must meet ALL of the “Submission Requirements” set forth below to be considered (a photograph that meets all such requirements will be referred to as a “Submission”): (i) The photograph must be the submitting entrant's original, previously unpublished work and not contain any third-party copyrighted material (including without limitation, copyrighted images or footage); (iii) the submitting entrant should be able to provide on request all appropriate clearances, permissions and releases for the Submission, including releases from all persons appearing in the photograph, location releases for all recognizable locations, and releases from anyone who assisted in the creation of the photograph (in the event a submitting entrant cannot provide all required releases, Sponsor reserves the right, in Sponsor's sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Sponsor's benefit, or allow the applicable Submission to remain in the Contest); (iv) the photograph may not feature nudity or obscene language or material that is libelous or defamatory. Sponsor reserves the right, in its sole and absolute discretion, to disqualify any Submission that violates the above criteria. Submissions must be received before the end of the Submission Period, and the Sponsor's database clock will be the official timekeeper for this Contest.
5) WINNER SELECTION / JUDGING. At the end of the Submission Period, Sponsor will monitor and review the initial submissions for eligibility. Sponsor will judge all eligible Submissions on the following criteria: Quality of Photo (e.g., lighting, resolution, composition, angle, etc.), Cleanliness of Scene (e.g., hoses and distracting elements removed, decks wet down, pool is clear and not green, landscaping is maintained, etc.); and Suitability for Category (“Lifestyle” photos judged on creativity, fun, etc.; “Magazine Cover” photos judged on professionalism; "Historical" photos judged on age of photo/age of pool and/or interesting historical elements). Sponsor will select (1) one winning Submission in each category – Grand Prize, Lifestyle, Magazine Cover, and Historical (the “Winning Submissions”). The determination of the Winning Submissions shall be made by Sponsor in its sole discretion, and such determination shall be final and binding.
6) PRIZES. One Grand Prize is available. The Grand Prize Winner (the “Grand Prize Winner”) will receive a $250 gift card to Guiton's Pool Center (valid for retail store purchases only). The Lifestyle Category Winner (the “Lifestyle Category Winner”) will receive a $100 gift card to Guiton's Pool Center (valid for retail store purchases only). The Magazine Cover Category Winner (the “Magazine Cover Category Winner”) will receive a $100 gift card to Guiton's Pool Center (valid for retail store purchases only). The Historical Category Winner (the "Historical Category Winner") will receive a $50 gift card to Guiton's Pool Center (valid for retail store purchases only). All prizes are nontransferable and no interest will be awarded on cash prizes. All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion.
7) RULES GOVERNING POTENTIAL WINNERS: The potential Winning Contestant will be notified by e-mail following Sponsor's determination of winner and/or by regular mail and/or by telephone promptly following the winner selection. Winners may be required to execute and return an Affidavit of Eligibility, Liability/Publicity Release within seven (7) days following the date of attempted notification. If a selected winner cannot be contacted, is ineligible, fails to claim a prize, and/or fails to return any Affidavit of Eligibility and Liability/Publicity Release (if required), within the applicable time period, Sponsor may elect to disqualify the selected winner, who will then forfeit his or her right to receive the Prize Package. By accepting a prize, the Winning Contestant agrees that Sponsor may, without any limitation or further compensation, use his or her name, screen name, voice and/or likeness in any and all media for the purpose of advertising and promoting the Website, the Contest, the Program or any other promotion, contest or Contest sponsored by the Promotion Entities.
8) DATES & DEADLINES / ANTICIPATED NUMBER OF CONTESTANTS. Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of Contestants who will participate in the Contest.
9) LICENSE. By entering your Submission(s) in to the Contest, you acknowledge and agree that Sponsor shall have a right to (a) exploit the Submission(s) throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised for the promotion of the Contest and for any other reason, including marketing and/or promotion of the Sponsor and/or the Sponsor’s interests (b) edit, composite, morph, scan, duplicate, or alter, the Submission(s) for the promotion of the Contest and for any other reason, including marketing and/or promotion of the Sponsor and/or the Sponsor’s interests. Notwithstanding the foregoing, Sponsor shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof.
10) REPRESENTATIONS AND WARRANTIES / INDEMNIFICATION. Each person who enters this Contest represents and warrants to Sponsor as follows: (i) the Submission is the entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Submission is wholly original with entrant and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; (iv) the Submission does not and will not violate any applicable laws, and meets the Submission Requirements set forth above. Each entrant hereby agrees to indemnify and hold the Promotion Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
11) NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Submission to Sponsor for purposes of the Contest does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission. Each entrant understands and acknowledges that the Promotion Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas or materials may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Promotion Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Promotion Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Promotion Entity’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief, and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
12) FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor’s request therefor.
13) PUBLICITY RELEASE: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in or winner of the Contest, each entrant irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, likeness, biographical information and Submission in any and all media for any purpose, including without limitation, advertising and promotional purposes as well as in, on or in connection with the Website or the Contest or other promotions, and hereby release the Promotion Entities from any liability with respect thereto.
14) IMPORTANT. PLEASE READ - GENERAL RELEASE AND LIMITATIONS ON LIABILITY. By entering the Contest, entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) 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 will attorneys’ fees be awarded or recoverable; and (3) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. Each entrant acknowledges and agrees that the Promotion Entities and/or Gmail, are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, lost, late, misdirected or illegible entries or for failure to receive entries due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with Sponsor, or otherwise, that may limit an entrant’s ability to participate in the Contest; (ii) any injury or damage resulting from participation in the Contest and/or the use of any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the entrant’s rights of publicity or privacy, or the entrant’s claim that he or she has somehow been defamed or portrayed in a false light. Promotion Entities assume no responsibility for any damage to an entrant’s computer system which is occasioned by accessing the Website or Gmail or participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.
15) GOVERNING LAW. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST OR IN CONNECTION WITH ANY DESIGN SUBMISSION OR OTHER MATERIAL SUBMITTED IN CONNECTION WITH THE CONTEST, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE RULES SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. IN THE EVENT THAT ANY PROVISION IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE OR ILLEGAL, THESE RULES SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN.
16) ARBITRATION PROVISION. By participating in this Contest, each entrant agree that any and all disputes the entrant may have with, or claims you may have against, the Promotion Entities relating to, arising out of or connected in any way with (i) the Contest, and/or (ii) the awarding or redemption of any prize, and/or (iii) the exploitation or use of any Submission or other material submitted in connection with the Contest, will be resolved individually and exclusively by final and binding arbitration. The arbitration will be conducted in accordance with the American Arbitration Association's (“AAA”) Commercial Arbitration Rules as modified by the terms of this Agreement. If an entrant has any questions about the American Arbitration Association, or wishes to obtain a copy of the AAA’s rules and forms, such entrant may call (800) 778-7879 or visit the AAA’s website at www.adr.org. The arbitration shall take place in Los Angeles, California before a single arbitrator, selected pursuant to such rules, and shall be conducted on an expedited basis and in strict confidence. The arbitrator selected pursuant to these Official Rules shall be well acquainted with the entertainment industry, and shall not have the power to impose punitive damages. Each party hereby waives any and all rights and benefits which it might otherwise have or be entitled to under federal law or the laws of California or any other state to litigate any such dispute in court, it being the intention of the parties to arbitrate all such disputes. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules, and any other agreements the applicable entrant may have entered into with Sponsor in connection with the Contest, and shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys’ fees. EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A JURY. Judgment upon the award of the arbitrator may be entered or enforced in any court of competent jurisdiction. If either party fails to appear at the hearing on the date designated in accordance with the rules of the American Arbitration Association, or shall otherwise fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte. If you do not agree to these requirements (or any other provision herein), do not participate in the Contest. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
17) LIST OF WINNERS: The name(s) of the winner(s) of this Contest will be posted on the Website once such winner(s) has/have been selected.
MISCELLANEOUS: This Contest is in no way sponsored, endorsed or administered by, or otherwise associated with Gmail. You understand that you are providing your information to Sponsor and not to Gmail.
[End of Official Rules]