Any and all PhoozL Super-Judged Photo Contest(s) (“Contest”) are open to ANY photo enthusiast (“Entrant” or “Participant”) worldwide of any skill level who is at least 18 years of age as of the date of first image submission (each and/or all “Entry” or ”Submission”), and is a signed-up member of Phoozl.com at time of entry (signing up for Phoozl.com membership is free).
Contest is subject to all applicable national, regional, and local laws and regulations and is void where prohibited.
2. Sponsor & Administrator
PhoozL, LLC, P.O. Box 6869, Charlottesville, VA 22906 USA (“Sponsor/ Administrator”).
3. Agreement to Official Rules
Information on how to enter and prizes form part of these Official Rules (“Official Rules”). Participation in this Contest constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor/Administrator’s decisions, which are final and binding in all matters related to this Contest. Winning prizes is contingent upon fulfilling all requirements set forth herein.
4. Term & Timing & Contest-Entry Fees
The starting and ending dates of each Contest are specified in the Contest Summary section on the appropriate contest page on Phoozl.com (“Contest Summary”). All Contests begin and end when indicated on contest pages (“Contest Period”).
Sponsor/Administrator’s computer is the official time-keeping device for each Contest, and all Contests begin and end based on U.S. Eastern Standard Time (EST) or Eastern Daylight Time (EDT) (“Contest Period”).
Contest Period may consist of phases, which, if any, are described on the appropriate contest page on Phoozl.com.
Dates and/or times may change based on participation levels and other factors.
Contest entry fees, if any, will be specified in the Contest Summary. If fees are applicable, Participant will be directed to a payment system hosted by PayPal. Once payment has been verified, Participant will be allowed to continue with contest entry process. If there are no contest entry fees, the payment system is bypassed entirely. NOTE: contest entry fees, if any, are non-refundable.
5. How & What to Enter (“Photo Submission Phase”)
During the Contest Period, Entrants may only enter the Contest through Sponsor/Administrator designated platforms, including the Phoozl.com website (http://www.phoozl.com). This is the only method of entering the Contest, and Entries will NOT be accepted via e-mail, regular postal mail or by any other method.
To enter, follow the links and instructions and upload one or more Photos as specified on the appropriate Contest Summary page on Phoozl.com.
Maximum number of unique Photo Submissions per Entrant allowed is given in the Contest Summary.
Whether new photos or photos from Entrant’s archives may be submitted is also given in the Contest Summary.
Preferred language of the subject matter for Entries is English, but other languages based on Latin alphabets may also be used if subject matter wording can be found in standard dictionaries.
By uploading a Photo Submission, Entrant agrees that Entrant’s Submission conforms to the Submission Requirements and Content Restrictions as defined below (collectively, the “Requirements and Restrictions”) and that Sponsor/Administrator, in its sole discretion, may remove any Submission and disqualify any Entrant from the Contest if it believes that any Submission fails to conform to the Requirements and Restrictions.
All Photos submitted during the Contest must satisfy all the following “Submission Requirements”:
– If a contest has a required entry fee, successful completion of payment system is required to complete the submission process.
– Photos must be original to Entrant (not copied, adapted, or reproduced from any other source and not a collaboration with any other person).
– Acceptable file formats include: .jpg, .png, and .gif.
– Maximum total file size of each Photo is limited to 2 MB, with the longest-side dimension limited to 1200 pixels. (There is no minimum file size although images smaller than 540 pixels on their longest side may show a loss of quality when displayed.)
– Entrants are asked to fill in the “Title” and “Description” fields of the “Submit Your Photo” page.
- Deadlines for Photo Submissions are shown on various Contest pages including Contest Summary.
– Maximum number of unique Photo Submissions per Entrant allowed is given in the Contest Summary.
– Entrant shall be prompted with a “success confirmation” message when any Submission has been successfully submitted or uploaded.
– To be considered for Judging and Winner Determinations, Entrants must allow their Usernames to be displayed. If an Entrant chooses not to display his/her Username, Sponsor/Administrator, in its sole discretion, may remove any Entrant Submission and disqualify any Entrant from the Contest.
– The Submission may not depict any identifiable trademark or trade name.
– The Submission must not contain material that violates or infringes another’s rights including, but not limited to, privacy, publicity or intellectual property rights, e.g., that constitutes copyright infringement.
– The Submission must not disparage Sponsor/Administrator, any or all of the Judges, Prize Sponsors, or any other person or party affiliated with this Contest.
– The Submission must not contain any material that Sponsor within its sole discretion deems to be sexually suggestive or explicit (including frontal nudity and/or “intimate parts”), pornographic, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous, or otherwise objectionable or inappropriate.
– The Submission must not contain material that Sponsor deems within its sole discretion to promote bigotry, racism, hatred or harm against any group or individual or to promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
– The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submission is created or used.
– Entrant must have permission from all individuals that appear in the Submission (if any) to use their name and likeness in the Submission and to grant the rights set forth herein. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor/Administrator.
– Any photo that is determined by Sponsor/Administrator in its sole discretion at any time during the Contest period to violate the Submission Requirements or the Official Rules, or to otherwise be unsuitable, offensive or in poor taste, may be rejected and the accompanying Entry disqualified, even if the Entry has previously been submitted. Sponsor/Administrator retains sole discretion as to whether any photo satisfies the Submission Requirements, and its decisions are final and binding.
– Maximum number of unique Photo Submissions per Entrant allowed is given in the Contest Summary.
– Multiple Entrants are not permitted to share the same email address. Any attempt by any Entrant to upload more than the stated number of Submissions by using multiple/different email addresses, identities, registrations and logins or any other methods will void all of that Entrant’s Submissions and that Entrant may be disqualified from this Contest and any of the Sponsor/Administrator’s other Contests.
– Sponsor/Administrator is not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected Submissions, which are disqualified in Sponsor/Administrator’s sole discretion.
6. Judging & Determination of Winners
Each Contest’s named judge (“Judge”) will either: (A) judge and select the winners (“Winners”) from a “Finalist Selection” of images by the PhoozL Photo Pros panel; or (B) judge and select the Winners from the entire list of images submitted, such choice being made at Sponsor/Administrator’s sole descretion. NOTE: the judging will be on a singular-image basis, i.e., the one image judged “best” will be the First Place or Grand Prize Winner, the one image judged “second best” will be the Second Place Winner, etc. And each winning photographer-submitter will be unique in any one contest, competition or challenge.
Judge will judge the Submissions based on the following criteria:
– appropriateness for Contest theme
– originality and creativity
– photo technique and/or quality
– overall impact and artistic merit
– PLUS: any additional criteria specified in Contest Summary.
Subject to verification of eligibility, Judge will determine First Place (Grand Prize), Second Place, and Third Place Winners. Other Winners (such as Honorable Mentions) may be determined at the sole discretion of Sponsor/Administrator.
Sponsor/Administrator reserves the right, at any time during this Contest whatsoever, to withdraw from the Contest any Entries that Sponsor/Administrator determines, at any time and in its sole discretion, do not satisfy all requirements of these Official Rules.
7. Winner Notification
Potential Winners will be notified by email or other means (including on the Phoozl.com site) after conclusion of judging. In the event that any Potential Winner (a) fails to satisfy any eligibility or verification requirement herein, (b) declines to accept the prize, (c) or is otherwise determined to be ineligible, Sponsor/Administrator may in its discretion disqualify that Entrant and an alternate Winner will be chosen from the remaining Entries using the same selection method and Judging Criteria set forth above as soon as reasonably practicable after any Potential Winner is determined to be ineligible. Alternate Winners are subject to all eligibility requirements and restrictions of these Official Rules.
8. Announcement of Winners
Within a reasonable time after judging is complete, and upon verification of eligibility, the names of Winners may be posted on the Contest Site and/or the websites of the Sponsor/Administrator.
All prizes and awards for this Contest are indicated on the Contest Summary or on the Prizes page, or both.
Additional prizes/awards may be determined at the sole discretion of Sponsor/Administrator.
10. Prize Restrictions
Prizes are only available to Winners where such prizes are allowed or in compliance with national, regional, or local laws.
No substitution, exchange or transfer of prize by Winner. Sponsor/Administrator reserves the right to substitute any prize for one of equal or greater value. Each prize Winner is solely responsible for any and all taxes and fees associated with prize receipt and/or use.
11. Ownership, Usage Rights & License
We are very aware of image-rights issues relating to photographers and their photographs. Consequently, entrants retain ALL copyrights in their images, and copyrights will NOT be assigned to any other party, nor are there any Contest requirements asking Entrants to waive their copyrights.
Further, entrants grant a royalty-free, irrevocable, perpetual, worldwide, NON-exclusive license to Sponsor/Administrator to reproduce and display any Entry, and any other content submitted by Entrant, ONLY in connection with and promotion of the Contest or site, including but not limited to publication highlighting Entries or Winners of the Contest.
A Contest Winners Archive may be maintained forever to act as a roll call of honor.
Sponsor/Administrator is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Submissions/Entries, which may also be disqualified in Sponsor/Administrator’s sole discretion.
12. General Conditions
THIS IS A SKILL-BASED CONTEST, AND CHANCE PLAYS NO PART IN THE DETERMINATION OF WINNERS.
If for any reason, the Contest is not capable of running as planned by reason of infection by virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of the Sponsor/Administrator, may corrupt or affect the administration, operation, security, fairness, integrity or proper conduct of this Contest, Sponsor/Administrator reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest, and select the Winners, from the entries received prior to the action taken or in other such manner as deemed fair and appropriate by Sponsor/Administrator. The Sponsor/Administrator reserves the right in its sole discretion to disqualify any individual 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 any other Contest, or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of this Contest may be in violation of criminal and civil law, and, should such an attempt be made, the Sponsor/Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor/Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to any online entry, the authorized and registered account holder will be deemed to be the Entrant. Entrant may be required to show proof of being the authorized account holder.
THE OFFICIAL RULES ARE SUBJECT TO CHANGE AT ANY TIME BY SPONSOR/ADMINISTRATOR WITH ITS SOLE AND ABSOLUTE DISCRETION.
13. Limitation of Liability
By entering this Contest, all Entrants agree to release, discharge, and hold harmless Sponsor/Administrator and its partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives (collectively, the “Released Parties”) from any claims, losses, and damages arising out of their participation in this Contest or any Contest-related activities and the acceptance and use, misuse, or possession of any prize awarded hereunder. The Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to Contest entries or entry forms; or alteration of entries or entry forms.
The Released Parties are not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email entry to be received on account of technical problems or traffic congestion on the Internet or at any website, human errors of any kind, or any combination thereof, including any injury or damage to entrants’ or any other persons’ computers related to or resulting from participation, uploading or downloading of any materials related to in this Contest.
In the case of Entrants who are Australian or U.K. residents, the preceding two clauses do not operate in respect of any implied condition or warranty the exclusion of which from these Official Rules would contravene any Australian or U.K. statute or cause any part of these Official Rules to be void.
Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest or its associated winner selection and/or notification (the “Contest Administration”) shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Western District of Virginia or the appropriate Virginia State Court located in Albemarle County, Virginia; (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 LIMITATIONS 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 the entrant and Sponsor in connection with the Contest and Contest Administration, shall be governed by, and construed in accordance with, the laws of the State of Virginia, without giving effect to any choice of law or conflict of law rules (whether of the State of Virginia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Virginia.
15. Right to Cancel or Suspend Contest
If for any reason the Contest is not capable of running as planned, e.g., due to infection by computer virus, bugs, worms, trojan horses, denial of service attacks, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor/Administrator that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor/Administrator reserves the right, at its sole discretion, to disqualify any individual(s) who tamper with the entry process, and/or to cancel, terminate, modify, or suspend the Contest. If Sponsor/Administrator elects to cancel or terminate the Contest, Sponsor/Administrator will not retain any rights in the submitted photographs.
16. Data Privacy
NOTICE TO INDIVIDUALS – REMOVAL FROM MAILING LIST: Any individual may elect to exclude his/her name from email address lists used by Sponsor/Administrator to mail skill contests. To elect to have any email address excluded from such communications, submit request via email to: info [at] phoozl [dot] com.
17. Winners’ List
Winners’ List request will only be accepted after the Contest end date. To request a list, send an email with Contest’s name in the subject line to: info [at] phoozl [dot] com.
Questions or inquiries about this Contest may be emailed to Sponsor/Administrator to: info [at] phoozl [dot] com.
Last updated: October 15, 2013