PHILADELPHIA WEDDING PROJECT
WEDDING PHOTOGRAPHY CONTEST
OFFICIAL RULES
VOID WHERE PROHIBITED BY LAW.
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.
ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED.
SPONSOR OBTAINS A NON-EXCLUSIVE LICENSE TO USE ANY AND ALL MATERIALS SUBMITTED AS PART OF THE CONTEST IN CONNECTION WITH THE CONTEST.
EXCEPT AS PROVIDED HEREIN, ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION.
BY ENTERING THE CONTEST YOU MUST AGREE TO THESE OFFICIAL RULES WHICH CREATE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO SPONSOR FROM YOU AND MANDATORY ARBITRATION OF DISPUTES AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. Description of Contest. The Philadelphia Wedding Project Wedding Photography Contest (“Contest”) is sponsored by Philadelphia Wedding Project, a consortium of professional photographers as identified in Paragraph 19 herein (collectively, “Sponsor” and individually, “Member”). The winning couple as selected by Sponsor, as described below, will receive a unique photo experience for their wedding as described in Paragraph 7 herein.
2. Contest Period. The Contest begins at 9:00 AM E.D.T on June 19, 2009 and ends at midnight E.D.T on October 15, 2009, when all entries must be received (“Contest Period“).
3. Eligibility. The Contest is only open to legal residents of the United States and the District of Columbia (except residents of New York, Florida and Rhode Island) who are at least 18 years old as of the date of entry (19 in Alabama and Nebraska, 21 in Mississippi). The Members of Sponsor and their employees, or any other party associated with the development or administration of this Contest, and their immediate families (i.e., parents, children, siblings, spouses), and persons residing in the same household with such individuals are not eligible. Each couple submitting an entry (collectively, the “Entrant”) must be engaged to be married as of the date of entry and must remain engaged. Entrant must not have signed a contract for wedding photography with any Member or any other photographer. Sponsor may conduct a background check on any Entrant. If an Entrant has committed or commits any act or becomes involved in any situation or occurrence which brings, or may bring, the Entrant into public disrepute, in Sponsor’s sole and absolute discretion, or that may reflect unfavorably upon Sponsor, Sponsor shall have the right, in its sole and absolute discretion, to disqualify the Entrant. This Contest is void where restricted or prohibited, including New York, Florida, Rhode Island and in any other states where registration of this Contest and/or bonding requirements are required.
BY PARTICIPATING IN THE CONTEST, EACH ENTRANT REPRESENTS AND WARRANTS THAT ENTRANT MEETS THESE ELIGIBILITY REQUIREMENTS AND HAS READ, ACCEPTS AND WILL COMPLY WITH THESE OFFICIAL RULES AND EACH ENTRANT ACKNOWLEDGES THAT ANY VIOLATION THEREOF MAY DISQUALIFY ENTRANT FROM THE CONTEST.
4. How to Enter. Enter via upload on the Contest website, philadelphiaweddingproject.com, and submit the following items via email to stories@philadelphiaweddingproject.com, (collectively, the “Submission”): the entry (“Entry Form“) which must include the following information: the first and last names of the couple, an e-mail address, dates of birth, mailing addresses for each individual, phone numbers for each individual, scheduled wedding date, location of wedding and reception, a current photo of the couple, a video, if desired, and your story. Photos must be between 250 and 800 pixels on the longest side, 72 dpi and in jpg or gif format. Sponsor may reject any entry that does not include the Entry Form completed in all respects. To be eligible, Entrants must submit their entries and agree to these Official Rules by the end of the Contest Period or be subject to disqualification. Limit: One entry per Entrant and per e-mail address during the Contest Period. Sponsor shall not be responsible for lost, late or misdirected e-mail or Submissions, or corrupted Submissions. There will be no notification of receipt of Entry Forms or any other Contest-related materials. Assurance of delivery of the Entry Form and related materials will be the sole responsibility of the Entrant.
5. Winner Selection and Notification. Between October 15 and October 19, 2009, the Members, in their sole and absolute discretion, will review and judge all eligible Submissions to the Contest. The couple who is chosen as the winner will be notified on or about October 19, 2009 by telephone and/or e-mail and/or regular mail. All decisions by Sponsor, including the interpretation of these Official Rules and all Submissions, are final and binding in all respects. Notification shall be deemed to have occurred immediately upon sending an e-mail, placing a phone call and five (5) days after mailing. An Entrant who provides a P.O. Box may be required to provide an alternative address and this may cause a delay in notification and acceptance, therefore use of a P.O. Box is discouraged. Sponsor shall have no liability for any notification that is lost, intercepted or not received for any reason. The winner of the Contest may, in Sponsor’s sole and absolute discretion, be required to execute an affidavit of eligibility, release of liability, prize acceptance agreement (including social security numbers) and a liability, publicity, copyright release (collectively, the “Prize Acceptance Document“) and in such event must return the Prize Acceptance Document before being eligible to receive their prize. If the winner fails or refuses to sign and return such Prize Acceptance Document within five (5) days of written notification or if the prize notification is returned as unclaimed or undeliverable to such winner, such winner, in Sponsor’s sole and absolute discretion, may be disqualified and an alternate may, in Sponsor’s sole and absolute discretion, be selected. If the winner cannot be contacted, or does not respond within five (5) days after notification by Sponsor, as set forth above, the winner shall forfeit all rights to any prize, and Sponsor may, in its sole and absolute discretion, select an alternate. All decisions of the Sponsor are final and binding in all respects. THE WINNER WILL BE REQUIRED TO SIGN A WEDDING PHOTOGRAPHY CONTRACT WITH EACH OF THE MEMBERS PRIOR TO THE WEDDING. THE WINNER’S WEDDING DATE CANNOT CONFLICT WITH THE SCHEDULE OF ANY MEMBER. ALL MEMBERS MUST BE AVAILABLE TO PARTICIPATE IN ALL PHOTOGRAPHY WHICH IS THE SUBJECT OF THE CONTEST EXCEPT AS IS OTHERWISE SET FORTH IN PARAGRAPH 7. IN THE EVENT OF SUCH CONFLICT THE WINNER MAY, IN SPONSOR’S SOLE AND ABSOLUTE DISCRETION, BE DISQUALIFIED AND AN ALTERNATE MAY BE SELECTED.
6. Odds. THE ODDS OF WINNING DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED.
7. Prize Description. The prize is an engagement session, boudoir session (if desired), all day wedding and reception coverage, custom designed album; two parent albums and online proofing gallery. The wedding and reception coverage will be photographed simultaneously by each Member. The engagement session and the boudoir session will be photographed by certain Members, not all Members, as determined by Sponsor in its sole and absolute discretion, on a day prior to the wedding. The date, place and time for the engagement session and the boudoir session will be determined by Sponsor, in Sponsor’s sole and absolute discretion. The approximate retail value of the prize for the winner is $28,000.00. THE WEDDING MUST OCCUR ON A DATE IN 2010 OR EARLY 2011. EACH MEMBER MUST BE AVAILABLE ON THE DATE OF THE WEDDING. THE ACTUAL DATE IS SUBJECT TO THE APPROVAL OF SPONSOR IN SPONSOR’S SOLE AND ABSOLUTE DISCRETION. THE WEDDING MUST BE HELD WITHIN A 100 MILE RADIUS OF CENTER CITY PHILADELPHIA. IF THE WINNER DESIRES ANY OF THE PHOTOGRAPHY WHICH IS THE SUBJECT OF THIS CONTEST TO BE PERFORMED OUTSIDE SAID 100 MILE RADIUS, THE WINNER SHALL BE RESPONSIBLE FOR THE REASONABLE TRAVEL EXPENSES FOR EACH MEMBER AND THEIR ASSISTANTS. THE ESTIMATED COST OF SUCH TRAVEL EXPENSES SHALL BE PAID IN ADVANCE OF THE WEDDING. THE WINNER WILL BE BILLED SUBSEQUENT TO THE WEDDING FOR ANY TRAVEL EXPENSES NOT COVERED BY THE ESTIMATE.
8. Taxes. All federal, state and/or local income and other taxes, if any, are the winner’s sole responsibility.
9. Ownership and License. All Submissions and accompanying materials shall become the property of Sponsor and will not be acknowledged or returned. Any copyrighted material in any Submission shall remain the property of the Entrant; however, entry into this Contest constitutes Entrant’s irrevocable and perpetual permission and consent, without further compensation or attribution, to Sponsor, any Member, and/or others authorized by Sponsor, to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, or display any and all materials, including all photographs taken of the winners during the engagement, boudoir, wedding and reception sessions, which are part of such Submission for any purpose, including, but not limited to, editorial, advertising, trade, commercial, and publicity purposes by Sponsor, and/or others authorized by the Sponsor, in any and all media now in existence or hereinafter created, throughout the world, for the duration of the copyright in the Submission. Sponsor, any Member and/or others authorized by Sponsor, shall have the right to edit, adapt, and modify the materials in any Submission. Sponsor, any Member and/or others authorized by Sponsor, shall have the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit any materials submitted as part of the Contest, including all photographs taken of the winners during the engagement, boudoir, wedding and reception sessions, and all images, text and materials depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, streaming media, film, television, videocassettes, print, interactive devices, mobile media, Internet and on-line systems), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it. Sponsor, any Member and/or others authorized by Sponsor, shall have the right to use any photographs or videos submitted as part of the Contest, including all photographs taken of the winners during the engagement, boudoir, wedding and reception sessions, and all images depicted therein, for merchandising, advertising, trade, marketing, publicity or for any other commercial or non-commercial purpose.
10. No Prize Transfer or Substitution. No prize, or any portion thereof, is transferable or redeemable for cash. Any portion of the prize that is not used is forfeited. No substitutions for the prize will be made.
11. Consent and Release. By entering the Contest, each Entrant releases and discharges the Sponsor, its Members, a judging organization (if applicable), and any other party associated with the development or administration of this Contest and any of their parents, subsidiaries, and affiliated entities, and each of the respective officers, directors, members, shareholders, owners, employees, independent contractors, licensees, agents, representatives, successors and assigns of the foregoing (collectively, “Sponsor Entities“), from any and all liability whatsoever in connection with this Contest, including, without limitation, legal claims, costs, injuries, losses or damages, including monetary losses or damages, attorneys’ fees, demands or actions of any kind (including, without limitation, personal injuries, death, damage to property, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims“). Except where prohibited: (A) acceptance of a prize constitutes the consent of any Entrant, without further compensation, to Sponsor’s and Members’ use of the name and likeness of such Entrant and Entrant’s Submission for editorial, advertising and publicity purposes by the Sponsor, or any Member, and/or others authorized by the Sponsor; and (B) acceptance of a prize constitutes a release by any Entrant in favor of the Sponsor Entities of any and all Claims in connection with the administration of this Contest and the use, misuse, or possession of Entrant’s Submission or any prize.
12. Representations, Warranties and Indemnity. Each Entrant hereby represents and warrants that Entrant has read, understands and will follow these Official Rules. Each Entrant further represents and warrants that Entrant is a legal resident of the United States, and is eighteen (18) years of age or older (19 in Alabama and Nebraska, 21 in Mississippi). Each Entrant further represents and warrants that Entrant has the right to agree to and fully perform consistent with these Official Rules and no consent of third parties is required to grant the rights hereunder. Entrants agree to defend, indemnify and hold the Sponsor Entities harmless from and against any third party claim, to the extent relating to any breach of any representation, warranty or covenant made by such Entrant in connection with Entrant’s acceptance of these Official Rules or Contest activities.
13. Disclaimers. (A) Submissions that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor’s servers or elsewhere, will not be eligible. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access/Service Provider, online service provider, or other organization (e.g., business or educational institution) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. (B) Sponsor, in its sole and absolute discretion, reserves the right to disqualify any person tampering with the entry process or the operation of Sponsor’s web site. Use of bots or other automated process to enter is prohibited and may result in disqualification at the sole and absolute discretion of Sponsor. (C) Sponsor further reserves the right to cancel, terminate or modify the Contest if it is not capable of completion as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. (D) Sponsor Entities are not responsible for errors in the administration or fulfillment of this Contest, including, without limitation, mechanical, human, printing, distribution or production errors, and Sponsor may modify or cancel this Contest based upon any such error, in its sole and absolute discretion, without liability. (E) Sponsor will have the authority to extend the Contest by posting notice thereof on the Contest website. Entrants agree to check the Contest website prior to the end of the Contest for any change to these Official Rules, the Contest or the prize and to ensure that there is no need to re-enter. (F) SPONSOR ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS CONTEST OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (G) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
14. Suspension, Modification, Termination. Sponsor reserves the right, in its sole and absolute discretion, to modify, change, add to, delete, suspend or terminate these Official Rules, the Contest and/or the prize for any reason whatsoever without giving notice to Entrants. Sponsor additionally reserves the right, in its sole and absolute discretion: (A) to modify, suspend or terminate the Contest should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest; or (B) to disqualify any Entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Contest; or (ii) acting in violation of these Official Rules.
In the event Sponsor, or any Member, is prevented from continuing with or completing the Contest by any event beyond its, or their, control, including, but not limited to, fire, flood, epidemic, illness, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal state or local government law, order, rule, regulation, order of any court or other cause not reasonably within Sponsor’s, or any Member’s, control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Contest.
The Entry Form is provided for the benefit of Sponsor and Sponsor makes no representations or warranties regarding the effectiveness and completeness of the forms or procedures required as set forth therein.
15. Governing Law, Disputes, Limitation of Liability. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Sponsor or the Sponsor Entities in connection with the Contest will be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. EACH PERSON WHO PARTICIPATES IN THE CONTEST IRREVOCABLY AGREES THAT SUCH DISPUTE(S) WILL BE RESOLVED SOLELY BY BINDING ARBITRATION BEFORE A SOLE ARBITRATOR, WITH EXPERIENCE IN ADVERTISING OR CONTEST AND ENTERTAINMENT LAW, UNDER THE RULES AND REGULATIONS OF THE AMERICAN ARBITRATION ASSOCIATION; PROVIDED, HOWEVER, THAT NOTWITHSTANDING THE PARTIES’ DECISION TO RESOLVE ANY AND ALL DISPUTES ARISING UNDER THIS CONTEST THROUGH ARBITRATION, SPONSOR AND/OR MEMBERS MAY (A) SEEK TO OBTAIN INJUNCTIVE RELIEF OR OTHER EQUITABLE RELIEF FROM A COURT TO ENFORCE THE PROVISIONS OF THESE OFFICIAL RULES; (B) BRING AN ACTION IN COURT TO PROTECT AND INTERPRET SPONSOR’S AND/OR MEMBERS’ INTELLECTUAL PROPERTY RIGHTS; AND/OR (C) BRING AN ACTION TO ENFORCE THE DECISION OF THE ARBITRATOR BEFORE ANY COURT WITH APPLICABLE JURISDICTION. The arbitration will be held in Philadelphia, Pennsylvania. The arbitrator will apply the substantive laws of the Commonwealth of Pennsylvania, will issue a written decision and will have the power to award any legal remedies except as limited by these Official Rules. The parties will split the arbitrator’s fee; provided, however, if applicable law requires Sponsor and/or Members to pay the arbitrator’s fee in order for the arbitration provision to be enforceable Sponsor and/or Members shall have the discretion to elect to pay such fees and proceed to arbitration. Entrant irrevocably waives any right to bring a class action or join in any class action regarding the Contest. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that any party fails to appear to any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear. In no event shall any Entrant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation of this Contest (or any website connected therewith), exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Contest (or any website or any content or other materials used or displayed on the website used in connection with the Contest) or the Entrant’s photograph(s), video(s) or story.
BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
ENTRANT ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES WILL SPONSOR OR ANY MEMBER BE RESPONSIBLE FOR ANY COSTS, INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING FROM OR IN CONNECTION WITH: (i) INCOMPLETE, LOST, LATE, MISDIRECTED OR ILLEGIBLE COMMUNICATIONS OR FOR FAILURE TO RECEIVE COMMUNICATIONS DUE TO ANY CAUSE, INCLUDING, WITHOUT LIMITATION, HUMAN, TRANSMISSION OR TECHNICAL PROBLEMS, FAILURES OR MALFUNCTIONS OF ANY KIND, WHETHER ORIGINATING WITH SENDER, WITH SPONSOR, WITH ANY MEMBER OR OTHERWISE, OR (ii) ANY INJURY OR DAMAGE RESULTING FROM PARTICIPATION IN THE CONTEST AND/OR THE USE OF ANY PRIZE (INCLUDING, WITHOUT LIMITATION, CLAIMS, COSTS, INJURIES, LOSSES AND DAMAGES RELATED TO PERSONAL INJURIES, DEATH, DAMAGES TO OR LOSS OF OR DESTRUCTION OF PROPERTY, OR ANY CLAIMS, COSTS, INJURIES, LOSSES, OR DAMAGES RELATED TO OR BASED ON ENTRANT’S RIGHTS OF PUBLICITY OR PRIVACY, OR ENTRANT’S CLAIM THAT ENTRANT HAS SOMEHOW BEEN DEFAMED OR PORTRAYED IN A FALSE LIGHT).
16. Confidentiality. The winning couple agrees to maintain the secrecy and confidentiality of its identity until their names are publicly released by the Sponsor.
17. Miscellaneous. The invalidity or unenforceability of any provision of these Official Rules, the Entry Form or the Prize Acceptance Document will not affect the validity or enforceability of any other provision. In the event that any provision of these Official Rules, the Entry Form or the Prize Acceptance Document is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. These Official Rules represent the entire agreement about this subject matter. All prior agreements, understandings, representations and warranties between the parties hereto regarding the subject matter hereof are superseded by these Official Rules. In the event of any conflict between the Official Rules and the Prize Acceptance Document, the Prize Acceptance Document will govern. In the event of any conflict between the Official Rules and the Contest website, the Official Rules will govern.
18. Winner’s List. The winners of the Contest will be posted on the Contest website for sixty (60) days after the winners are selected.
19. Identity of Sponsor. This Contest is produced and sponsored by Philadelphia Wedding Project, a consortium of the following professional photographers:
Sofia Negron Photography, http://www.sofianegronblog.com/
Ryan Estes Photography, http://www.theryanestesblog.com/
Leapfrog Photography, http://leapfrogphotography.blogspot.com/
Joy Moody Photography, http://www.joymoodyblog.com/
Jennifer Childress Photography, http://www.jennchildress.com/
217 Photography, http://www.217photography.com/
