Photographers’ Choice
— Rekindling Everyone’s Appreciation of Photography —

Terms of Use

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.
  • A monthly prize of $2,000 will be awarded to the photo with the most votes.
  • A referral program offers an award of $1,000 to anyone who refers a winning competitor.
  • Community Member/Competitor voting will decide the Competition winner.
  • A Community Member/Competitor can win more than once, but not with the same photo.
  • The Competition reserves the right to reject, remove, or disqualify any photo at any time with or without cause or notice.

Your use of the website indicates your acceptance of our policies:

Definitions

The terms "Judge" and "Vote"/"Voter" may be used interchangeably.

Subscribed Members are Competitors and Judges/Voters.

It is possible to have an account without being a paying subscribed Member so the terms "User", "Member", "Competitor", "Registrant", "Entrant", "Judge", "Voter", “Referrer”, and "Winner" may be used interchangeably.

An Entry consists of one or more photos and all associated content, text, links, and information provided by the Member.

"Additional Photographs" may refer to submitted photographs of any nature, including but not limited to entry and profile images.

Consumer Disclosure

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

THESE TERMS OF USE 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, MEMBER, COMPETITOR, JUDGE, VOTER, REFERRER, OR WINNER (COLLECTIVELY, A "PARTICIPANT") IN THE COMPETITION WILL BE RESOLVED. THE SECTIONS OF THESE TERMS OF USE 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 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].

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, Members/Entrants accept and unconditionally agree to abide by and be bound by these Terms of Use (the "Terms"), and any decision(s) of Operator.

Prizes will be awarded in accordance with these Terms of Use.

Any violation of these Terms of Use, at Operator's sole discretion, may result in disqualification.

The Competition reserves the right to reject, remove, or disqualify any Entry 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 TERMS OF USE ARE APPROXIMATE. OPERATOR RESERVES THE RIGHT TO CHANGE ANY DATES.

Eligibility and Consent

All Members/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 win the Competition. 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 Members, Judges/Voters, 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 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 Member, Judge/Voter, Competitor or Winner (as defined below), as required by Operator and these Terms of Use. 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 TERMS OF USE 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 a Membership subscription registration, pay the membership fee, and submit an official entry form. Members/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 the Operator. False, deceptive, or incomplete entries or information provided by Members, 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, Member/Entrant agrees that Operator may contact the Member/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 Member/Entrant submit additional images ("Additional Photographs"). Members/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 Members/Entrants may have assistance in entering data and uploading the Submitted Photographs, Members/Entrants must otherwise complete the entry forms themselves. All Entries must be submitted by the actual Member/Competitor/Entrant. 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, Member/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 Members's/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 Member/Entrant.

After entering the Competition, the Submitted Photographs may be placed on the Website, where they may be viewed by visitors to the Website. Members/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 these Terms of Use. Operator may crop Submitted Photographs.

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

Public Profile

Paying Community Members have an opt-in public profile. If they opt-in via the website, all information they provide may be used in any way, but they own the content and the rights (especially to the photos), and have the right to have it removed at any time, which they can do via the website or by contacting support at [email protected].

How to Judge/Vote

ALL JUDGES/VOTERS MUST BE EIGHTEEN (18) YEARS OF AGE OR OLDER.
UPON ENTRY TO THE COMPETITION, COMPETITORS SHALL BE PROHIBITED FROM JUDGING AND 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 judge/voter ("Judge" or "Voter") shall be presented with two (2) photographs ("Photo Pair") and shall select one (1) photograph from each Photo Pair. Each Judge 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 Judge/Voter; provided, however, that in such instances, only the most recent vote cast by such Judge/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 Judges/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 Terms of Use 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 details.

Notification to Competitors

The 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.

Members/Entrants/Competitors consent to a background check that may be performed, at the sole discretion of Operator, to verify information provided by Members/Entrants/Competitors and compliance with these Terms of Use, or for other reasons related to the Competition. If you are selected as a Prize Winner, your information may also be included on the Website and/or on a publicly available "Winners List".

Membership and Subscription Fees

  • Entry into the Competition requires an active membership subscription.
  • Only subscribed members may participate as a judge in the Competition.
  • The base membership subscription fee is $10 per month, which includes one photo.
  • Subscribed members may enter an unlimited number of photos for $10 per photo per month.
  • A membership subscription does not require entry of any photos.
  • Subscriptions are prorated at $0.33 per day.
  • There is a transaction minimum of $2. That means when we are prorating a subscription midterm, any prorated amount less than $2 will be rounded up to $2.
  • Initial membership subscription fee is processed immediately upon registration.
  • Monthly subscription renewals are processed automatically on the member's renewal date until cancelled.
  • Membership subscriptions can be cancelled any time.
  • The renewal date is set as the same calendar date as the original subscription date. For subscriptions starting on the 29th, 30th, or 31st of a month, the renewal date will be the 28th of subsequent months.
  • Subscription fees for additional photos are processed immediately upon submission.
  • When applicable, the first month fees for additional photos will be prorated to align with the member's existing subscription period.
  • All submitted photos are reviewed and when approved, are immediately entered into the Competition.

Prizes and Awards

  • A $2,000 prize is awarded to the photo receiving the highest weighted vote total each month.
  • A Community Member/Competitor can win more than once, but not with the same photo.
  • All prizes are subject to verification of eligibility and compliance with these Terms.

One (1) verified Prize Winner in the Competition will receive a prize of $2,000 each month. The 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 Prize Winner will be announced on the Website. By agreeing to appear as the winner of the Competition, the 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 Prize Winner acknowledges compliance with these Terms of Use. 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 Prize Winner, the Prize Winner shall be solely responsible for the reporting and payment of such taxes.

Referral Program

Overview

Operator offers a referral program (the "Referral Program") whereby eligible individuals ("Referrers") may receive a monetary award for referring new Competitors who subsequently win a monetary prize in the Competition.

Eligibility and Process

Any individual may participate as a Referrer in the Referral Program. Each Referrer will be provided with a unique referral link ("Referral Link") that can be shared with potential new Competitors. For a referral to be valid, the new Competitor must:

  1. Register for the Competition using the Referrer's Referral Link;
  2. Be a first-time Competitor who has not previously registered with the Competition;
  3. Successfully complete all registration requirements and be accepted as a Competitor; and
  4. Win a monetary prize in the Competition.

Referral Award

If a referred Competitor wins a monetary prize, the Referrer will receive a referral award of $1,000 USD (the "Referral Award"). The Referral Award is subject to the following conditions:
There is no limit to the number of different Referral Awards a Referrer may earn for referring multiple Competitors who each win a monetary prize.

  1. There is no limit to the number of times a Referrer can earn $1,000.
  2. The Referral Award shall be subject to all the same terms, conditions, and requirements applicable to Competition prizes, including but not limited to verification requirements, background checks, tax liability, forfeiture provisions, and timing of payment.

Prohibited Activities

The following activities are strictly prohibited in connection with the Referral Program:

  • Creating multiple or fake accounts to generate Referral Links;
  • Spamming or sending unsolicited communications to promote Referral Links;
  • Misrepresenting the Competition or the Referral Program to potential referrals;
  • Using automated systems, bots, or similar methods to register referred Competitors;
  • Self-referral or attempts to earn Referral Awards through manipulation of the Referral Program.

Operator reserves the right, in its sole discretion, to disqualify any Referrer from participation in the Referral Program, void any pending or previous Referral Awards, and/or terminate the Referrer's account for any violation of these Terms of Use or any activity that Operator deems to be fraudulent, abusive, or otherwise in bad faith.

Modifications and Termination

Operator reserves the right to modify, suspend, or terminate the Referral Program, including but not limited to changing the Referral Award amount, eligibility requirements, or other program terms, at any time without prior notice. Any such changes will become effective immediately upon being posted on the Website.

Referral Awards earned prior to such modification or termination will be honored according to the Terms in effect at the time the referred Competitor won their monetary prize.

Cancellation and Refund Policy

  • Members may enter and cancel at any time.
  • Members may cancel their subscription at any time through their account settings or by contacting [email protected].
  • When canceled, members' photos remain entered until the end of their membership subscription period unless requested otherwise via the website or sending an email to [email protected].
  • 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.

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:

  1. Who can enter such Ancillary Promotions (e.g., Members only, Competitors only, Judges/Voters, the public, and/or combination of two or more of the foregoing categories);
  2. The entry period for such Ancillary Promotion;
  3. How and when the winner(s) of such Ancillary Promotion will be selected; and
  4. 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 Terms of Use, to the extent applicable, shall govern the Ancillary Promotions.

Conduct

FAILURE TO COMPLY WITH THESE 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 Member/Competitor/Entrant/Participant/Referrer, 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 Terms of Use; (b) acting in any manner deemed by Operator to be harmful to the Competition, other Members or 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 Terms of Use.

ANY ACTION BY A MEMBER, ENTRANT, COMPETITOR, JUDGE/VOTER, REFERRER, 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 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 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 Member(s), Entrant(s), Competitor(s), Judge(s)/Voter(s), or Referrer(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 MEMBERS, ENTRANTS, PARTICIPANTS, COMPETITORS, JUDGES/VOTERS, REFERRERS, 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 A MEMBER, ENTRANT, JUDGE/VOTER, REFERRER, 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, MEMBERS'/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 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 MEMBERS, ENTRANTS, COMPETITORS AND JUDGES/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 Terms of Use, or the Privacy Policy, including all issues concerning the construction, validity, interpretation, and enforceability of these Terms of Use, Member, Entrant, Competitor, Referrer, and/or Judge/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 Terms of Use, 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 cannot be executed as set forth in these Terms of Use, 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 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. 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 becoming a Member and participating in the Competition as a 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.

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 Refund Policy as written herein.

Voting System

Competitors may not judge/vote on their own photos. The voting system employs weighting based on judge/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 of Use. 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.

Severability

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

These Terms of Use, along with the Privacy Policy, constitute the comprehensive agreement governing your usage of the Website and any participation by you as a Member, Entrant, Registrant, Competitor, Judge/Voter, Referrer, or Winner in the Competition. Nothing published or said elsewhere should be interpreted as a modification of these Terms of Use or the Privacy Policy. The Operator may periodically update these Terms of Use 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 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 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 and the Privacy Policy that were in force prior to your termination of your use of the Service.

Updated March 17, 2025