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SWEEPSTAKES PRESENTED BY GILMAR PHOTOGRAPHY LLC
SPONSORED BY GILMAR PHOTOGRAPHY, LLC
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE OF THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA AND WHERE PROHIBITED OR RESTRICTED BY LAW. THE SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. PLEASE READ THESE OFFICIAL RULES CAREFULLY AS THE OFFICIAL RULES REQUIRE THAT ENTRANT WAIVES THE RIGHT TO A JURY TRIAL AND THAT DISPUTES ARISING OUT OF OR RELATING TO THE SWEEPSTAKES BE RESOLVED IN ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN BY CLASS ACTIONS, AND LIMIT YOUR RIGHTS AND REMEDIES IN THE EVENT OF A DISPUTE.
The Sweepstakes (“Sweepstakes”) is sponsored by Gilmar Photography, LLC (“Sponsor”),
1. SWEEPSTAKES PERIOD: The Sweepstakes begins on Friday, February 3, 2023, at 11:00 AM ET and ends on Monday, February 14, 2023, at 11:00 AM ET (the “Sweepstakes Period”). The Administrator’s time clock will be the official time keeping device for the Sweepstakes. All entries must be received by 10:59 A.M. ET on Tuesday, February 14, 2023. All interpretations of these Official Rules and decisions made by Sponsor relating to the Sweepstakes are final.
2. Eligibility: Sweepstakes is open to U.S. citizens residing in the 50 United States or the District of Columbia. Sweepstakes is void in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, and all other U.S. territories and possessions, and where restricted or prohibited by law. Entrants must be at least 18 years of age or older at time of entry (19 in Alabama and Nebraska, and 21 in Mississippi). Employees, officers and directors of Sponsor, affiliated companies, subsidiaries, promotional partners, Administrator and advertising/promotion agencies (collectively “Sweepstakes Entities”) and each of their immediate families (e.g., parent, spouse, child, sibling, grandparent, and their respective spouses and the “steps” of each, regardless of where they reside), and persons living in the household of each, whether or not related, are not eligible to enter or win the Sweepstakes. All federal, state, and local laws apply. Void where prohibited or restricted by law.
By participating in the Sweepstakes, entrant: (a) agrees to be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor and by the decisions of Sponsor; (b) acknowledges compliance with these Official Rules; (c) represents and warrants that they meet all the eligibility criteria set forth in these Official Rules; (d) agrees to comply with any and all applicable federal, state and local laws, rules and regulations; and (e) agrees to indemnify and hold harmless Sweepstakes Entities from and against any and all liability arising out of or relating in any way to entrant’s participation in Sweepstakes and to release all rights to bring any claim, action or proceeding against Sweepstakes Entities. This includes, but is not limited to, any and all claims, demands, damages and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss or any other harm, suffered directly or indirectly from entrant’s participation in Sweepstakes or the receipt or acceptance, redemption, possession, use or misuse of the Prize (hereinafter defined), and for any claim including claims based on defamation, publicity rights, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property related or other cause of action.
3. To Enter: To participate and enter this Sweepstakes you will need to subscribe to Gilmar Photography Newsletter on the Sweepstake landing page https://gilmarphotography.com/personal-brand-session-giveaway-2023/
On Friday, February 3, 2023 Gilmar Photography, LLC will post to promote this Sweepstakes (https://gilmarphotography.com/personal-brand-session-giveaway-2023/
), which will also be promoted on Gilmar Smith Photography’s social media accounts. You must take the following targeted actions on the official Sweepstakes Landing any time during the Sweepstakes Period:
4. Additional terms applicable to all entries
IMPORTANT: Message and data rates may apply if an Entrant enters this SWEEPSTAKES on their mobile device. Not all mobile telephone/wireless providers carry the service necessary to participate in this SWEEPSTAKES. Entrants should consult their wireless provider’s pricing plans. Mobile entry is not required to enter or win A prize in thIS SWEEPSTAKES.
Limit one (1) Entry per person per day, for a total limit of three (3) Entries per person during the Sweepstakes Period. The use of automated devices to enter the Sweepstakes is prohibited. The Sweepstakes Entities assume no responsibility for lost, late, or misdirected Entries or any computer, online, telephone, or technical malfunctions that may occur. All Entries become Sponsor’s property and will not be returned.
5. Winner Selection/Notification: One (1) winner will be selected from all eligible Entries in a random drawing to take place on or about Tuesday, February 14, 2023.
Odds of winning a Prize depend on the number of Eligible Entries received throughout the Sweepstakes Period. The potential winner from the eligible Entries will be notified via email and will be required to confirm their name, address, and contact information, within forty-eight (48) hours from when the initial outreach is made. If a potential winner does not confirm their personal information as requested within the forty-eight (48) hour time period and/or cannot be reached directly within forty-eight (48) hours from when the initial outreach is made and/or does not meet the eligibility requirements, the potential winner will be disqualified and, time permitting in Sponsor’s sole discretion, an alternate potential winner may be selected in a random drawing from among all remaining eligible Entries received.
Entry into the Sweepstakes constitutes agreement to sign any releases required. All decisions of Sponsor relating to the Sweepstakes are final. Sponsor expressly reserves the right to delay the announcement of the winner for creative or technical reasons or for any other reason Sponsor deems necessary.
Publicity Release: Winners further grant to Sponsor the right to use and publish their proper names and/or states online, in print, and in any other media in connection with the Sweepstakes. Acceptance of a Prize constitutes permission for Sponsor to use a winner’s names and likenesses for advertising and promotional purposes without notice, review, approval or additional compensation unless prohibited by law.
6. PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”): One (1) Prize will be available to one winner in the Sweepstakes. The winner will receive one Studio Personal Brand Photography Session. The session has a value of $1200 and it includes a pre-session phone/e-mail consult, mood board creation, unlimited looks, photoshoot (up to 4 hours), props, online gallery viewing, retouching of selected 10 images, additional images available for $100. The Prize will be awarded provided there are a sufficient number of entrants. The Prize is transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. All Prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. The Prize details and availability are subject to change, and in the event that Sponsor is unable to provide a winner with their Prize, the Sponsor may elect, to provide such winner with the approximate value of such item in cash or award an alternate Prize of comparable or greater value. The winner is solely responsible for all taxes, expenses, and other costs not specifically stated as included with the Prize. Actual Prize may differ from any promotional images. Federal, state and local taxes, and any other costs and expenses associated with acceptance and/or use of the Prize not specifically provided for in these Official Rules are solely the winner’s responsibility.
PRIZE IS PROVIDED “AS IS”. ENTRANTS ACKNOWLEDGE THAT SWEEPSTAKES ENTITIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE PRIZE AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7. General Terms: By participating in the Sweepstakes, entrants agree to be bound by these Official Rules and by the interpretations of these Official Rules and decisions of the Sponsor, which are final in all matters relating to the Sweepstakes. Participation in the Sweepstakes and acceptance of the Prize constitutes the winner’s agreement for Sponsor to use winner’s name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by the winner regarding the Sweepstakes or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. By participating, entrant agrees on his/her behalf, and on behalf of his/her respective heirs, executors, administrators, legal representatives, successors and assigns to release and hold harmless Sweepstakes Entities from any and all liability, for loss, harm, damage, injury, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, costs or expenses whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with participation in the Sweepstakes, or possession, acceptance and/or use or misuse of Prize or participation in any Sweepstakes related activity and for any claims based on publicity rights, defamation or invasion of privacy and Prize delivery. Sponsor reserves the right to cancel, modify or suspend the Sweepstakes or any portion thereof should causes beyond the control of Sponsor corrupt the administration, security or proper play of the Sweepstakes, in which case the Prize will be awarded via a random drawing from among all eligible Entries received prior to cancellation. Sponsor reserves the right to disqualify any entrant who does not comply with these Official Rules or attempts to interfere with the Sweepstakes in any way. Sweepstakes Entities are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, garbled, illegible or delayed Entries, or Prize claims; delays, failures, hardware failures, viruses, bugs, errors in programming; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of Entries, the announcement of the Prize, Website failures, or in any Sweepstakes-related materials.
8. LIMITATIONS OF LIABILITY: Sweepstakes Entities, are not responsible for illegible, lost, late, damaged, destroyed, inaccurate, delayed, incomplete, unintelligible, non-delivered, misdirected, stolen Entries; or for incomplete, inaccurate, lost, interrupted or unavailable network, satellite, telephone networks or lines, cellular towers or equipment (including handsets), computer online systems, computer equipment, software, viruses or bugs, servers or providers, or other connections, availability or accessibility; or for unauthorized access to, or alteration of Entries; or miscommunications, failed computer, telephone, cellular, satellite, or cable transmissions, lines or other technical failure; or for jumbled, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties; or for any other errors of any kind, whether human, technical, mechanical, electronic or network, including, without limitation, any errors which may occur in connection with the administration of the Sweepstakes or in any Sweepstakes-related materials; or for the incorrect or inaccurate capture of Entry or other information, or the failure to capture any such information. Persons who tamper with or abuse any aspect of the Sweepstakes, as solely determined by the Sponsor, will be disqualified (and all associated Entries will be void), and Sponsor reserves the right to terminate such entrant’s eligibility to participate in this or any other promotion offered by Sponsor. Entries generated by robotic, programmed, script, macro or other automated means or by any means which subvert the entry process will be disqualified. Sweepstakes Entities are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in the Sweepstakes. Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, Sponsor reserves the right at its sole discretion to suspend or terminate the Sweepstakes, and select winner for the drawing from all non-suspect, eligible Entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Without limiting the release provided above, and for greater certainty, Sweepstakes Entities, will not be liable for (a) any incomplete or inaccurate information, whether caused by wireless device users or by any equipment or programming associated with or utilized in the Sweepstakes, or by any technical or human error which may occur in the processing of Entries; (b) the theft, destruction or unauthorized access to, or alteration of, Entries; (c) any problems with or technical malfunctions of telephone networks or lines, computer online systems, servers or providers, computer equipment, software, viruses or bugs; (d) any failure of any message to be received by or from Sponsor for any reason including but not limited to traffic congestion on the Internet or wireless waves or at any Web site or combination thereof; or (e) damage to a participant’s or other person’s system or equipment occasioned by participation in the Sweepstakes.
9. Arbitration: Except where prohibited by law, as a condition of participating in this Sweepstakes, entrants agree that (1) any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any Prize awarded shall be resolved individually, and not as a participant in any class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-of-pocket expenses (i.e., costs directly attributable to participating in the Sweepstakes), and entrant further waives all rights to have damages multiplied or otherwise increased.
10. Request for Name of Prize Winner(s) and Official Rules: To obtain the name of the winner(s) or Official Rules, send an email to [email protected]
11. Privacy: All information submitted to Sponsor as part of the Sweepstakes will be treated in accordance with the privacy policy of the Sponsor
12. Sponsor: The Sweepstakes is sponsored by Gilmar Photography LLC.,
If a potential winner cannot be contacted, or fails to reply within the required time period, the potential winner forfeits his/her Prize.