SUMMARY OF KEY POINTS

• You must own all rights to any photos you submit to Photographers' Choice (the "Competition") and fully assume any liability if you do not.
• You retain full ownership of your photos and all rights except for a limited license necessary for participation and marketing of the Competition.
• You must be eighteen (18) years of age or older to participate.
• Entries must be submitted by the actual competitor. Proxy submissions are not allowed. A subscription payment per photo per month is required to enter the Competition.
• Only subscribed competitors may vote in the Competition.
• Monthly prizes will be awarded to the photo with the most votes.
• A referral program offers an award to anyone who refers a winning competitor.
• Competitor voting will decide the Competition winner.
• The Competition reserves the right to reject, remove, or disqualify any photo at any time with or without cause or notice.

CONSUMER DISCLOSURE

THIS IS A BINDING CONTRACT. YOUR CONTINUED PARTICIPATION AS A NOMINATOR, ENTRANT, COMPETITOR, VOTER, OR WINNER IN THE COMPETITION (AS DEFINED BELOW), IN ANY MANNER, SIGNIFIES YOUR ACCEPTANCE AND AGREEMENT TO THESE RULES, TERMS OF USE, AND THE PRIVACY POLICY, IN WHATEVER FORM THEY MAY CURRENTLY EXIST. AS SUCH, PLEASE READ THIS AGREEMENT IN ITS ENTIRETY.

THESE RULES GOVERN WHAT CLAIMS YOU CAN BRING, WHAT DAMAGES YOU CAN CLAIM, AND HOW DISPUTES BETWEEN YOU AND THE COMPETITION ENTITIES (DEFINED BELOW) RELATING TO YOUR PARTICIPATION AS A REGISTRANT, COMPETITOR, VOTER, OR WINNER (COLLECTIVELY, A "PARTICIPANT") IN THE COMPETITION WILL BE RESOLVED. THE SECTIONS OF THESE RULES TITLED "WAIVER AND LIMITATIONS OF LIABILITY" AND "DISPUTE RESOLUTION" EXPLAIN WHAT CLAIMS YOU ARE WAIVING, WHAT DAMAGES YOU CAN CLAIM, AND CONTAIN AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION, WHICH STATES THAT YOU AND THE COMPETITION ENTITIES (EACH A "PARTY" AND, COLLECTIVELY, THE "PARTIES") MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY, AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER, OR OTHERWISE ON BEHALF OF OTHERS, IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

PLEASE NOTE THAT THE DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY, AND GOVERNING LAW, WAIVER AND DISPUTE RESOLUTION SECTIONS CONTAIN IMPORTANT LIMITATIONS ON OUR LIABILITY AND OUR AGREEMENT TO ARBITRATE FOLLOWING THE LAWS OF ARIZONA ONLY.

SOCIALMARK, LLC ("OPERATOR"), AN ARIZONA LIMITED LIABILITY COMPANY ADMINISTERS PHOTOGRAPHERSCHOICE.COM (THE "WEBSITE") AND THE OPERATION OF THE COMPETITION. THE OPERATOR CAN BE REACHED AT [email protected] OR [email protected]. GENERAL NOTICE

Competition entry is open only to individuals who are eighteen (18) years of age or older ("Eligible Entry Age") at the time of entry. Further eligibility restrictions are listed below.

By entering or voting in this Competition, Entrants accept and unconditionally agree to abide by and be bound by these rules (the "Rules"), the Terms of Use, Privacy Policy, and any decision(s) of Operator.

The Grand Prize will be awarded in accordance with these Rules and Terms of Use.

Any violation of the Rules or the Terms of Use, at Operator’s sole discretion, may result in disqualification.

The Competition reserves the right to reject, remove, or disqualify any photo at any time with or without cause or notice.

All decisions of Operator regarding the Competition are final and binding in all respects.

ALL DATES SET FORTH IN THESE OFFICIAL RULES ARE APPROXIMATE. OPERATOR RESERVES THE RIGHT TO CHANGE ANY DATES. ELIGIBILITY AND CONSENT

All Entrants must be individuals of Eligible Entry Age at the time of entry. Void where prohibited or otherwise restricted by applicable law. Officers, directors, and/or employees of Operator, along with their respective immediate family members (defined as spouse, parent, child, sibling) are ineligible to participate in the Competition as Competitors or Voters. Entries must be submitted by the actual competitor. Proxy submissions, including but not limited to submissions by parents, guardians, or other third parties on behalf of a competitor, are not permitted. Any such submissions may result in disqualification at the sole discretion of the Operator.

Operator will take all reasonable steps to prohibit ineligible Entrants and/or Competitors (“Participants”) from entering and/or participating in the Competition. Operator reserves the right, in its sole and absolute discretion, to determine eligibility or whether to deem an a Participant ineligible to participate in the Competition, at any time and for any reason whatsoever, including due to the Participant's inability to fulfill any obligation(s) as a Competitor or Winner (as defined below), as required by Operator and these Rules. By entering the Competition, Entrants/Competitors agree to Operator’s use of their name, biographical information, and any other materials submitted, including the Submitted Photographs (as defined below), for both online and offline direct marketing purposes in connection with the Competition.

BY REGISTERING TO ENTER THE COMPETITION, ENTRANTS/COMPETITORS GRANT OPERATOR A LIMITED, NON-EXCLUSIVE, AND NON-TRANSFERABLE LICENSE TO USE THE ENTRIES AND ANY OTHER MATERIALS SUBMITTED (INCLUDING BUT NOT LIMITED TO SUBMITTED PHOTOGRAPHS) IN ANY MANNER REASONABLY RELATED TO THE COMPETITION AND/OR FUTURE COMPETITIONS. INVALID, FALSE, OR DECEPTIVE ENTRIES OR PROFILES SHALL RENDER THOSE ENTRIES OR PROFILES INELIGIBLE. BY ENTERING THE COMPETITION, ENTRANTS/COMPETITORS REPRESENT AND WARRANT THAT THEY HAVE READ AND AGREE TO THESE RULES AND MEET ANY/ALL ELIGIBILITY REQUIREMENTS. OPERATOR SHALL NOT BE LIABLE FOR ITS REASONABLE RELIANCE ON ENTRANTS'/COMPETITORS' REPRESENTATIONS AND WARRANTIES.

NOTICE: YOU HAVE NOT YET WON.

HOW TO ENTER

To enter, Entrants must visit photographerschoice.com to complete and submit an official entry form. Entrants must provide all information requested, including, at a minimum, one (1) competition photograph which conforms to the specifications required below (the "Submitted Photographs"), using the upload tool and instructions provided. Submitted Photographs must not infringe or violate any right of any third party or entity, including but not limited to copyright, right of publicity, and right of privacy. Please confirm and make sure you have the rights to submit the photographs. Submitted photos should not contain obscene or otherwise offensive content. The determination of whether any image exhibits obscene or offensive content is at the sole discretion of Operator. False, deceptive, or incomplete entries or information provided by Entrants or Competitors at any point relating to the Competition may render the entry ineligible, regardless of when the problem is discovered.

Upon submitting an entry form, Entrant agrees that Operator may contact the Entrant/Competitor, including via auto-dialer, email message, or text message, for any purpose relating to the Competition, including to request resubmission of one or more of the Submitted Photographs and/or to request that the Entrant submit additional images ("Additional Photographs"). Entrants/Competitors may use the unsubscribe link in emails, or reply "STOP" to withdraw consent to be contacted via text message, at any time. While Entrants may have assistance in entering data and uploading the Submitted Photographs, Entrants must otherwise complete the entry forms themselves. All entries must be submitted by the actual competitor. Proxy submissions, including those made by parents, guardians, or any other third parties on behalf of a competitor, are strictly prohibited. Failure to comply may result in disqualification at the Operator’s sole discretion. Submission of photographs and entry in the Competition constitutes consent to the use of the Submitted Photographs on the Website and digital apps, and otherwise in connection with Operator, the Competition, and its affiliated Competition partner brands, and in any and all media now known or hereafter discovered, for the full duration of the copyright in the applicable Submitted Photographs. By entering this Competition, Entrant represents and warrants that they are of Eligible Entry Age and own or control all necessary rights in the Submitted Photographs to grant Operator the rights described herein. Submission of an entry constitutes Entrant’s consent to grant to Operator a limited, non-transferable license, to use, adapt, edit, and/or modify the entry in any manner it so chooses and for any other purpose whatsoever, in connection with the Competition and any future competition(s), without limitation and without consideration to Entrant.

After entering the Competition, the Submitted Photographs may be placed on the Website, where they may be viewed by visitors to the Website. Entrants/Competitors may be requested to submit Additional Photographs for publication on the Website, so long as such images do not display offensive content, are not obscene (as determined in the sole discretion of Operator), and do not infringe upon the rights of any person or entity, including but not limited to copyright, right of publicity, and right of privacy.

Operator reserves the right to reject any entry for any reason. At Operator's discretion, Operator may reject entries that it deems to not be in the spirit of the competition. This includes photos of low resolution, that are unintelligible, are NSFW, contain hate speech, depict or infer anything illegal or illicit, or otherwise do not conform to the Rules or Terms of Use. Operator may crop Submitted Photographs.

OPERATOR WILL SELECT, IN ITS SOLE, ABSOLUTE, AND COMPLETE DISCRETION, WHICH ENTRANTS WILL PARTICIPATE IN THE COMPETITION AS COMPETITORS, AS WELL AS THE SCHEDULE AND TERMS OF THE COMPETITION. HOW TO VOTE

ALL VOTERS MUST BE EIGHTEEN (18) YEARS OF AGE OR OLDER.

UPON ENTRY TO THE COMPETITION, COMPETITORS SHALL BE PROHIBITED FROM CASTING VOTES FOR THEMSELVES.

COMPETITORS CAUGHT VOTING FOR THEMSELVES ARE SUBJECT TO DISQUALIFICATION.

The Competition utilizes a paired-comparison voting system ("Voting System") whereby each eligible voter ("Voter") shall be presented with two (2) photographs ("Photo Pair") and shall select one (1) photograph from each Photo Pair. Each Voter may continue to vote on Photo Pairs indefinitely during the Competition Period. The Operator reserves the right, in its sole discretion, to present any Photo Pair multiple times to the same Voter; provided, however, that in such instances, only the most recent vote cast by such Voter for such Photo Pair shall be counted as a Qualifying Vote (as defined herein). The Operator further reserves the right, in its sole discretion, to apply different weights to Qualifying Votes based on criteria established by the Operator, which criteria may be modified from time to time without prior notice to Voters or Competitors.

The winner(s) of the Competition (each, a "Winner") shall be determined based upon the weighted aggregate of Qualifying Votes received during the Competition Period, with the Competitor(s) receiving the highest weighted total of Qualifying Votes being deemed the Winner(s). Any “bot”, automated, robotic, scripted, or other programmatic voting methods (collectively, "Automated Voting") shall be prohibited and, if detected, such votes shall be invalidated and excluded from the final vote tabulation. Upon discovery of Automated Voting or other prohibited voting activities, the Operator may, in its sole and absolute discretion: (a) Ban from the Competition any individual, IP address, email address, mobile phone number, or other identifier associated with such activities; (b) Disqualify any Competitor who: (i) Encourages, solicits, or knowingly participates in Automated Voting or other prohibited voting activities; (ii) Attempts to tamper with the entry process, voting system, or Competition operations; or (iii) Engages in any conduct that the Operator deems, in its sole discretion, to be unfair, fraudulent, or otherwise detrimental to the integrity of the Competition; and (c) Take any other remedial action the Operator deems necessary or appropriate to maintain the fairness and integrity of the Competition.

COMPETITION SCHEDULE

Competition Periods shall run monthly, beginning at 12:00:00 AM Pacific Time on the first day of each calendar month and ending at 11:59:59 PM Pacific Time on the last day of such month (each, a "Competition Period"). All dates and times set forth in these Rules are approximate and may be modified by Operator in its sole discretion. The current Competition schedule and any updates thereto shall be posted on the Website.

See the About page for competition schedule.

NOTIFICATION TO COMPETITORS

The Grand Prize Winner will be notified by email, telephone, or other means reasonably calculated to provide notice, including but not limited to via auto-dialer, email message, or text message. Entrants/Competitors consent to a background check that may be performed, at the sole discretion of Operator, to verify information provided by Entrants/Competitors and compliance with these Rules, or for other reasons related to the Competition. If you are selected as the Grand Prize Winner, your information may also be included on the Website and/or on a publicly available "Winners List".

GRAND PRIZE

The one (1) verified Grand Prize Winner in the Competition will receive a prize of $2,000. The Grand Prize Winner may refer to themselves as the winner of "Photographers’ Choice" or the "Photographers’ Choice Winner" in written and/or descriptive materials, but only if such use(s) and display(s) in no event suggest or create any confusion whatsoever that Operator is endorsing or participating in any manner related to the use of their name, logos, or fonts.

The Grand Prize Winner will be announced on the Website. By agreeing to appear as the winner of the Competition, the Grand Prize Winner consents to the use of their name, photos/videos, and/or likenesses for advertising and trade purposes in connection with the Photographers’ Choice brand, including without limitation, the Photographers’ Choice Competition and in print and digital materials in the United States and any countries where the Photographers’ Choice brand exist, in any and all media known or hereinafter discovered, without territorial or time limitations and without additional compensation, except where prohibited. By accepting the prize package or money, the Grand Prize Winner acknowledges compliance with these Rules. To the extent that any United States federal and/or state income or other taxes apply to the value of the prize(s) and/or award(s) provided to the Grand Prize Winner, the Grand Prize Winner shall be solely responsible for the reporting and payment of such taxes.

ANCILLARY PROMOTIONS

Operator reserves the right in its sole and absolute discretion to conduct additional promotions during the Competition (each, if any, an "Ancillary Promotion", and collectively, the "Ancillary Promotions"). Ancillary Promotions, if any, may be conducted in a manner that may or may not be related to elements of the Competition. Prior to conducting, and throughout the duration of, any such Ancillary Promotion, Operator will provide the following information about any such Ancillary Promotion:

Who can enter such Ancillary Promotions (e.g., Competitors only, Voters, the public, and/or combination of two or more of the foregoing categories); The entry period for such Ancillary Promotion; How and when the winner(s) of such Ancillary Promotion will be selected; and The prize(s) to be awarded to the potential winner(s) of such Ancillary Promotion, and all terms, conditions, and restrictions applicable to the use or redemption of any such prize(s). Examples of Ancillary Promotions may include, but are not limited to, promotions related to incentivizing individuals to enter and participate in the Competition during a designated period. In addition to any specific Ancillary Promotion Rules, these Rules, to the extent applicable, shall govern the Ancillary Promotions.

CONDUCT

FAILURE TO COMPLY WITH THESE RULES AND/OR THE TERMS OF USE MAY RESULT IN DISQUALIFICATION. Operator reserves the right, in its sole discretion, to take action against any individual participating in the Competition as a Competitor/Entrant/Participant, including removal from the Competition or the voiding of votes, for reasons including: (a) acting in any manner deemed by Operator to be in violation of these Rules or the Terms of Use; (b) acting in any manner deemed by Operator to be harmful to the Competition, other Competitors, etc.; or (c) acting in any manner deemed by Operator to be unsportsmanlike, disruptive, and/or with intent to annoy, abuse, threaten, or harass any other person/entity. Operator also reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with or undermining the entry or voting process(es), the operation of the Competition, or to be in breach of these Rules and/or the Terms of Use. ANY ACTION BY AN ENTRANT, COMPETITOR, VOTER, OR ANY OTHER INDIVIDUAL, WHICH DAMAGES OR UNDERMINES THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE IN VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND, SHOULD SUCH ACTION BE TAKEN, OPERATOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON, TO THE FULLEST EXTENT PERMITTED BY LAW. REQUIREMENTS AND CONSENT OF WINNER(S)

Any potential Grand Prize or Ancillary Promotion Winner ("Potential Winner") will be required to execute an affidavit of eligibility, a liability/publicity release, Competitor release, and other documents ("Prize Claim Documents"). If any Potential Winner fails or refuses to sign and return all Prize Claim Documents within seven (7) days of the delivery of prize notification(s), the Potential Winner may be disqualified, and an Alternate Winner may be determined/selected. If you are selected as a Finalist, Grand Prize Winner, Alternate Winner, or Ancillary Promotion Winner, you consent to your information being included in a publicly available "Winner’s List". Except where prohibited, acceptance of a prize constitutes the Winner’s irrevocable consent to Operator, its agents, successors, and assigns or other designee's use of the Winner's name, likeness, photograph, voice, statement, opinions, biographical information, prize and/or state/city of residence for advertising, promotional and publicity purposes in any and all media or format, worldwide, in perpetuity, without any permission, notification, payment or consideration, except for the awarding of the prizes to the Winner. Operator is not responsible for any failure to notify Operator of any change in address of Entrant(s), Competitor(s), or Voter(s). By accepting a prize, the Winner agrees to maintain their behavior in accordance with all applicable laws and generally accepted social practices while participating in any Competition activity, including but not limited to participation in or use of a prize. The Winner understands and further agrees that Operator has the right, in its sole discretion, to disqualify and/or remove the Winner from any activity at any time, if Operator determines that the Winner’s behavior at any point is disruptive or inappropriate, or may or does cause damage to person, property, or the reputation of Operator, or otherwise violates the policies of the prize providers.

WAIVER AND LIMITATIONS OF LIABILITY

PARTICIPANTS (TO INCLUDE ENTRANTS, PARTICIPANTS, COMPETITORS, VOTERS, AND WINNERS) AGREE THAT, IN NO EVENT, SHALL OPERATOR, PROMOTION ENTITIES, APPLICABLE CHARITIES, COMPETITION SPONSORS, OR ANY PRIZE PROVIDER (COLLECTIVELY THE "COMPETITION ENTITIES"), WHICH INCLUDES THE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS OF EACH, BE LIABLE OR OBLIGATED TO AN ENTRANT, VOTER, WINNER, OR ANY THIRD PARTY IN ANY MANNER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND IN ANY WAY RELATED TO THE COMPETITION, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES AND ARBITRATION COSTS. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY.

ALL PARTICIPANTS RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPETITION ENTITIES FROM AND AGAINST ANY AND ALL LIABILITY, WITH RESPECT TO, OR IN ANY WAY ARISING FROM, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, THIS COMPETITION, PUBLICATION OR USE OF THE SUBMITTED PHOTOGRAPHS OR ADDITIONAL PHOTOGRAPHS, ENTRANTS’ NAMES AND LIKENESSES, AND/OR ACCEPTANCE, USE, MISUSE, LOSS, OR MISDIRECTION OF THE PRIZE, INCLUDING LIABILITY FOR PERSONAL INJURY, DEATH, DAMAGES, OR MONETARY LOSS. BY PARTICIPATING IN THE COMPETITION, PARTICIPANTS FURTHER AGREE TO RELEASE AND HOLD HARMLESS THE COMPETITION ENTITIES FROM AND AGAINST ANY CLAIM: (A) OF AMBIGUITY OR ERROR IN THE COMPETITION, THESE RULES, THE TERMS OF USE, OR THE PRIVACY POLICY; (B) RELATED TO LOST, LATE, INCOMPLETE, OR MISDIRECTED ENTRIES OR VOTES; (C) FOR INJURIES, DAMAGES OR LOSSES (INCLUDING DEATH) OF ANY KIND RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, USE, LOSS, OR MISDIRECTION OF ANY PRIZE, OR PARTICIPATION IN ANY COMPETITION-RELATED ACTIVITY OR PARTICIPATION IN THIS COMPETITION; (D) FOR COPYRIGHT INFRINGEMENT OR VIOLATION OF THE RIGHT OF PUBLICITY BASED ON USE OF THE SUBMITTED OR ADDITIONAL PHOTOGRAPHS BY OPERATOR; OR (E) DUE TO ANY ERROR IN THE OFFERING OR ANNOUNCEMENT OF ANY PRIZE.

PARTICIPANTS FURTHER AGREE THAT ALL DECISIONS OF OPERATOR SHALL BE FINAL AND CONCLUSIVE ON ALL MATTERS RELATING TO THE COMPETITION AND THAT THE COMPETITION ENTITIES ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE ENTRY INFORMATION, HUMAN ERROR, TECHNICAL MALFUNCTION, FAILURES, OMISSION, INTERRUPTION, DELETION, OR DEFECT OF ANY TELEPHONE NETWORK, COMPUTER ONLINE SYSTEMS, COMPUTER EQUIPMENT, SERVERS, ACCESS PROVIDERS, OR SOFTWARE, INCLUDING ANY INJURY OR DAMAGE TO PARTICIPANTS OR ANY OTHER PERSONS’ PROPERTY RELATING TO OR RESULTING FROM PARTICIPATION IN THIS COMPETITION, INABILITY TO ACCESS THE ENTRY WEBSITE OR ANY PAGES THEREOF, THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF ENTRIES, ENTRY SUBMISSIONS THAT ARE PROCESSED LATE OR INCORRECTLY OR ARE INCOMPLETE, GARBLED, OR LOST DUE TO COMPUTER OR ELECTRONIC MALFUNCTION OR TRAFFIC CONGESTION ON THE INTERNET OR ANY WEBSITE. PROOF OF ENTERING INFORMATION ON THE WEBSITE IS NOT CONSIDERED PROOF OF DELIVERY OR RECEIPT.

PARTICIPANTS ACKNOWLEDGE AND AGREE THAT OPERATOR DOES NOT MONITOR FOR OFFSITE ACTIVITY AND IS IN NO WAY RESPONSIBLE FOR MANAGING OR CONTROLLING OFF-SITE ACTIVITY VIA SOCIAL MEDIA AND/OR OTHER THIRD-PARTY PLATFORMS, INCLUDING BUT NOT LIMITED TO NEGATIVE AND DISPARAGING CORRESPONDENCE BETWEEN ENTRANTS, COMPETITORS AND VOTERS, OFFSITE VOTE INCENTIVES, MISLEADING OR DECEPTIVE PROMOTIONAL TACTICS, OR ANY OTHER BEHAVIORS CONSIDERED TO BE MISLEADING OR UNSPORTSMANLIKE. DISPUTE RESOLUTION AND MANDATORY ARBITRATION

You and Operator agree that any dispute or claim arising out of, or relating in any way to, the Competition, your participation in it, these Rules, the Terms of Use, or the Privacy Policy, including all issues concerning the construction, validity, interpretation, and enforceability of these Rules, Terms of Use, Entrant, Competitor, and/or Voter rights and obligations, the rights and obligations of Operator, or the extent of any waiver or release of claims by you, shall be settled by binding and unappealable arbitration administered by the American Arbitration Association, by operation of these Rules, in accordance with its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. ALL ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER, OR OTHERWISE ON BEHALF OF OTHERS, IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

Claims shall be heard by a single arbitrator. The place of arbitration shall be Phoenix, Arizona, unless otherwise agreed to by the Parties, or is determined by the arbitrator that the arbitration proceeds virtually (by videoconference). The arbitration shall be governed by the laws of the State of Arizona. Each Party will, upon written request of the other Party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed. Hearings will take place pursuant to the standard procedures of the Consumer Arbitration Rules, although the Parties can appear in person, by video, or telephonically. The standard provisions of the Consumer Arbitration Rules shall apply. The arbitrator will only have the authority to grant any remedy, relief, or outcome that the Parties could have received in court, except injunctive relief. If either Party in a suit seeks injunctive relief, the arbitrator will complete arbitration of the dispute, issue an award of monetary compensation (if any), and then the party seeking injunctive relief may file a new action in state or federal court in Maricopa County, Arizona, solely for injunctive relief. The findings of fact and conclusions of law of the arbitrator shall not be submitted as evidence or constitute precedent in this subsequent suit. In addition, the prevailing Party will be entitled to recover its arbitration costs. Except as may be required by law, neither a Party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder, without the prior written consent of both Parties.

If any part of this arbitration provision is deemed to be invalid or unenforceable, then the remainder of this arbitration provision shall remain in full force and effect and shall be construed in accordance with its terms as if the invalid or unenforceable provision were not contained herein.

TERMINATION

If for any reason the Competition and/or any Round of the Competition cannot be executed as set forth in these Rules, including but not limited to, as a result of acts of God, acts of war, natural disasters, weather, pandemic or epidemic illness, disease, acts of terrorism, computer virus, tampering, unauthorized intervention, fraud, technical failures, or other factors that may corrupt or affect the security, administration, fairness, integrity or proper conduct of the Competition, and/or if the Competition is compromised or becomes technically corrupted in any way, electronically or otherwise, Operator reserves the right to cancel, terminate, suspend, and/or modify the Competition and/or any Round of the Competition with or without prior notice, and Operator shall not in any way be responsible or liable for any such cancellation, termination, suspension, and/or modification of the Competition and/or any phase of the Competition. Further, if the Competition is terminated before the original end date, Operator reserves the right, in its sole discretion, to modify the procedure for selecting the Winner(s), unless the nature of the event giving rise to such termination renders it impossible to select the Winner(s).

COMPETITION WITHDRAWAL REQUEST

By participating in the Competition as Competitor, you understand that a Competition withdrawal request or request for removal from the Competition can take up to fourteen (14) days to be processed and that a profile may still remain active during this length of time. Voters and Competitors both acknowledge and agree that no refunds will be given upon a Competitor’s request for removal from the Competition. As such, Operator does not encourage withdrawal or voluntary removal from the Competition, as this does a disservice to Entrants/Competitors/Participants. By voting, you understand and acknowledge that no refunds will be offered should a Competitor be eliminated, disqualified, or willingly withdraw from the Competition. Voters acknowledge that there are no exceptions to this policy.

SUBSCRIPTIONS

The Operator is not a charitable organization as per section 501(c)(3) of the Internal Revenue Code, payments made through the Operator's website are not eligible for a tax deduction as a charitable donation.

REFUND POLICY

All payments are immediately final and not refundable. In the case of exceptional circumstances, special requests for refunds can be submitted to [email protected] for consideration. By subscribing and making payment, you acknowledge you have read and agreed to the Competition's Refund Policy as written herein.

SEVERABILITY

If any term or provision in these Rules, the Terms of Use, or the Privacy Policy is determined by a competent authority to be unenforceable, all other terms and provisions of these Rules, the Terms of Use, and the Privacy Policy shall continue in full force and effect.

NO AFFILIATION

This Competition is not in any manner sponsored, endorsed, or administered by, or associated with, Facebook or Instagram, and is operated solely by Socialmark, LLC.

CONTACT INFORMATION

If you have any questions or comments about the Competition as outlined above, or would like to request the name of the Grand Prize Winner, please contact Operator at [email protected]

AGREEMENT

By utilizing the Resources in any way associated with this Website, you indicate your acceptance and agreement to these terms of use, regardless of their current form.

These Terms of Use outline the overarching guidelines that govern your usage and access to the Website, Competition software, Operator, and related social media pages. This includes any content or information you download or acquire through the utilization of the Website, forms, social media, press releases, and communications such as emails and text messages. Collectively, these elements are referred to as the "Resources."

The Resources are provided to you to be used and accessed at your own discretion and risk.

You are fully responsible for complying with these Terms of Use and all applicable laws regarding the utilization of the Resources.

Unless otherwise expressly stated in these Terms of Use, the Resources, including all information and content provided on or accessed through the Website, are provided to you "as is" without any warranties or representations of any kind. Furthermore, to the maximum extent permitted by law, the Operator disclaims all warranties of any kind, whether expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, concerning the Resources, their contents, and any registrations or items listed or acquired through the Resources.

Competition Structure and Fees:

• Entry to the competition requires a subscription fee of $20 per photo per month
• Fees are processed on the 1st of each month for the upcoming monthly competition
• Competitors may enter an unlimited number of photos
• Only subscribed competitors may vote on other entries
• Photos must be entered before the start of each monthly competition
• Monthly winners receive a $2,000 prize
• Referral program participants receive $1,000 if their referred competitor wins

Cancellation and Refund Policy:

• Competitors may enter and cancel at any time
• Entry begins at the start of the next monthly competition
• If a competitor cancels, they remain entered until the end of their current competition period
• No refunds will be provided for active competition periods
• If cancellation occurs before competition entry, no charges will be processed

Voting System:

• Competitors may not vote on their own photos
• The voting system employs weighting based on voter participation and behavior patterns

The Operator does not guarantee uninterrupted or error-free functioning of the Resources, including any materials or content within. As such, you are responsible for any damage or loss that may result from your use of or access to the Resources. To the maximum extent permitted by law, the Operator shall not be held liable for the usage of the Resources, including any content and errors therein.

This disclaimer is an integral part of these Terms. All information or advice, whether provided by the Operator directly, implicitly, orally, or in writing, obtained by you through the utilization of our provided Resources, shall NOT establish any warranty, guarantee, or conditions of any nature, unless explicitly stated in these Terms of Use.

By accessing any images on the Website or Resources, you acknowledge that you may encounter content that could be deemed offensive, indecent, or objectionable. Despite this, you agree to utilize the Website at your own risk, understanding that the Operator has provided images solely for competition purposes. The Operator shall not be held liable to you for any content that may be considered offensive, indecent, or objectionable.

Operator shall not be held liable under any circumstances for any direct or indirect damages related to the availability or accuracy of the Resources or the information contained within them, the availability of the Competition or the functioning of the Website, the responsiveness of the Resources, or your utilization of the Resources or the information provided to you. Under no circumstances shall the Operator be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages. This includes, but is not limited to, lost profits, loss of goodwill, loss of reputation, cost of cover damages, or tangible or intangible losses of any kind arising from your use of the Website or Resources, your inability to use the Website or Resources, or the registration, voting, products, or services available through the Website or Resources, even if the Operator has been advised of the possibility of such damages. Furthermore, to the fullest extent permitted by law, the Operator will not be liable for any direct damages beyond out-of-pocket costs, attorneys' fees, or arbitration costs.

By accessing any images or external links on the Website or Resources, you acknowledge that you may come across content that could be deemed offensive, indecent, or objectionable. This content may or may not be explicitly identified as containing explicit images or language. Despite this, you agree to utilize the Website at your own risk, understanding that the Operator has provided images and external links solely for convenience purposes. The Operator shall not be held liable to you for any content that may be considered offensive, indecent, or objectionable.

The Competition is administered by the Operator from offices situated in the United States. By accessing the Website and/or engaging in any form of participation in the Competition, you consent to the application of the laws of Arizona, without regard to conflicts of laws principles and the United Nations Convention on the International Sale of Goods. These laws shall govern all aspects pertaining to the Competition, including but not limited to your role as an Entrant, Competitor, Voter, or Winner, the utilization of the Website, and your participation in the Competition, including activities conducted through this Website

Content Policy: We reserve the right to reject, remove, or suspend any user account or entry at any time for any reason.

No Refund Policy: No refunds will be provided. In the case of exceptional circumstances, special requests for refunds can be submitted to [email protected] for consideration.

Note that the sections on disclaimer of warranties, limitations of liability, governing law, waiver, and dispute resolution impose significant limitations on our liability and establish our agreement to arbitrate, following the laws of Arizona exclusively.

Socialmark, LLC, an Arizona limited liability company, administers photographerschoice.com (the "Website") and the operation of the Competition. Socialmark, LLC (the "Operator") expressly clarifies that it is not recognized as a charitable organization under section 501(c)(3) of the Internal Revenue Code. Any subscription payments made through the Operator's website are not eligible for a tax deduction. The Operator can be reached at [email protected] or [email protected].

These Terms of Use, along with the Rules, and Privacy Policy, constitute the comprehensive agreement governing your usage of the Website and any participation by you as a Registrant, Competitor, Voter, or Winner in the Competition. Nothing published or said elsewhere should be interpreted as a modification of these Terms of Use, the Rules, or the Privacy Policy. The Operator may periodically update these Terms of Use, Rules, and/or the Privacy Policy. Any modifications will be indicated by revising the "updated" date at the bottom of this Agreement, as posted on the Website. Such changes will become effective immediately upon being posted by Operator. It is your responsibility to regularly review these Terms of Use, the Rules, and the Privacy Policy to ensure your understanding of the current terms and conditions. Your continued utilization of the Resources or participation in any manner with the Competition following the date of any changes to this Agreement and their posting will signify your ongoing acceptance of the Agreement. If you no longer wish to be bound by the Terms of Use, the Rules, and the Privacy Policy outlined in this Agreement, your sole recourse is to terminate your use of the service. All prior use of the service would continue to be covered by the Terms of Use, the Rules, and the Privacy Policy that were in force prior to your termination of your use of the Service.

If any term or provision in these Terms of Use, the Rules, or the Privacy Policy is determined by a competent authority to be unenforceable, all other terms and provisions shall continue in full force and effect.