OFFICIAL DIRECT COLORS END OF SUMMER PHOTO CONTEST RULES
THIS CONTEST IS INTENDED FOR LEGAL RESIDENTS OF THE CONTIGUOUS UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY. VOID WHERE PROHIBITED. DO NOT ENTER UNLESS YOU MEET THE ELIGIBILITY CRITERIA AND ARE LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
ELIGIBILITY: Entrants must be 18 years of age and live within the contiguous United States at the time of entry. The following individuals are not eligible: employees, contractors, directors and officers of Direct Colors Inc., its parent, subsidiaries and affiliated companies, and the web design, advertising, fulfillment, judging and promotion agencies involved in the administration, development, fulfillment and execution of this Contest (collectively, “Contest Parties”), and the immediate family members (spouse, parent, child, sibling and spouse or “step” of each) of, and those living in the same households as, each such individual. Contest is void outside the USA and where prohibited.
OVERVIEW: Eligible individuals may enter the Contest by submitting a photo of their decorative concrete project. One winner will be chosen from eligible and approved entries. See WINNER SELECTION below for details regarding winner selection. The entry that receives the most over-all votes will be the winner.
TO ENTER: The Contest entry period begins at between 12:00 a.m. PST on September 8th, 2016 and ends at 12:00 a.m. PST on October 2nd, 2016 (the “Entry Period”). There are two ways to enter during the Entry Period:
- Complete the form located on Direct Colors Inc. Facebook page
- Share your image on Facebook, Instagram or Twitter using #DCISummerPhotoContest in your caption or post
All photos must adhere to the Entry Requirements and Entry Restrictions specified below. You may submit more than one Entry; however each Entry must be unique and different from any other Entry you submit. No correspondence about Entries will be entered into, nor will photos be acknowledged or returned. If required information is not included, Entry will be disqualified.
Entries that meet the Entry Requirements, Content Requirements and Conditions of Entry specified below may be posted to the Web Site and/or other Direct Colors Inc. web sites or social media sites.
If you think that any Entry infringes your intellectual property rights, click here if you wish to report it: http://www.directcolors.com/company/contact/
- A completed online entry form including your name, phone number, email address and the name of each Direct Colors product featured in your photo.
- A title for your Entry. Limit of 250 Characters.
- An original photo of a project you personally created. Any entry that infringes upon copyrighted work will be disqualified.
Entries must be received by 12:00 a.m. PST on October 2nd, 2016. Once the entry form is completed and the Entry is uploaded, the Entry is final and may not be modified, supplemented or edited. Submission of an Entry is also subject to the Direct Colors Inc. Terms and Conditions for User-Generated Content at: http://www.directcolors.com/direct-colors-terms-and-conditions/. Submissions which include a photo that fails adhere to any of the requirements set forth in these Official Rules, including the requirements set forth in this section, as well as the requirements set forth in “CONTENT RESTRICTIONS” and “CONDITIONS OF ENTRY” and the requirements of the Direct Colors Inc. Terms and Conditions for User-Generated Content, and the requirements of the social media platform via which a photo is submitted or posted (if applicable), as determined by Sponsor and/or Promotion Fulfillment Center (the “Contest Administrator”), in their sole discretion, may be disqualified or edited by Sponsor only as specifically provided herein (by blurring incidental third party trademarks or logos).
- Brand Image. Sponsor maintains a wholesome, family-oriented image for its brand. Entries must properly reflect this brand image. Sponsor’s determination on brand image shall be final.
- No third party trademarks/logos/intellectual property. Be careful that your photo and/or caption doesn’t inadvertently contain another company’s trademark, logo or intellectual property because that may cause your photo to be disqualified. Examples to watch for: a trademark/logo on a baseball cap, sneakers or t-shirt, etc. The ONLY permitted trademarks or logos are the Direct Colors Inc. trademark or logo, which is not required to be in your photo, and will not influence the judging, or other Direct Colors Inc. brand logos. Sponsor may elect to blur incidental third party trademarks or logos in photos at its sole discretion.
Sponsor is not responsible for late or incomplete Entries. If a problem occurs in the online submission process or in uploading a photo, Entrant should receive an “Error” message. However, the responsibility to electronically complete the Entry process and upload a photo is the Entrant’s and neither Sponsor nor the Contest Administrator shall be responsible for any photo not actually received due to incomplete or improper transmission. Similarly, neither Sponsor nor Contest Administrator has any obligation to advise Entrant of an incomplete Entry or photo submission.
CONTENT RESTRICTIONS: Entrants may capture the photo themselves, or Entrants may have another person capture the photo. If someone other than the Entrant has captured the photo, the Entrant must have written permission from that person to submit the photo and Entrant must be able to obtain a signed release from the photographer upon the request of Sponsor. If photo features a project that is not owned by the Entrant, Entrant must have permission from the owner of each such project to submit the photo. Entrant must be able to obtain a signed release from the owner upon request of the Sponsor.
CONDITIONS OF ENTRY: Entrant warrants and represents that the photo:
- is original (photo may be captured by someone other than the Entrant if the Entrant obtained written permission to submit the photo, as set forth below);
- does not infringe the intellectual property, privacy, publicity rights, ownership or any other legal or moral rights of any third party;
- has not been entered in contests sponsored by anyone other than Direct Colors Inc. or won previous awards in a Direct Colors Inc. contest or any other contest;
- is suitable for public viewing.
By submitting an Entry, Entrant represents that he/she owns all rights to each element of his/her Entry, including, without limitation, the copyrights to the photo. If someone other than the Entrant captured the photo, Entrant further represents that he/she has obtained an assignment of rights from the third party that captured the photo. Sponsor’s determination as to whether the photo violates the rights of any third party is final.
Each Entrant irrevocably grants Sponsor and its affiliates, legal representatives, assigns, agents and licensees, the unconditional and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), on an exclusive basis within the decorative concrete category, each element of the Entrant’s Entry, and use of the Entrant’s name, likeness, photograph (collectively, “Likeness”), and/or statements regarding his/her participation in this Contest (with or without using the Entrant’s name) in any and all media without limitation as to time or territory, and without additional compensation or approval from the Entrant or any other party. Entrant waives intellectual property rights, privacy/publicity rights or other legal or moral rights that might preclude the Sponsor’s use of any element of the Entry, and agrees not to sue or assert any claim against the Sponsor for the use of any element of the Entry or Entrant’s Likeness or statements. Entrant further grants all end users of Sponsor’s Web Site (a) the ability to rate, vote, review, comment on and tag the Entry; (b) the ability to send and distribute the Entry via e-mail, instant messenger, and via social media or other electronic means.
Entrant agrees to indemnify and hold Sponsor, its agencies and Contest Parties and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the “Indemnitees”), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against any of the Indemnitees due to or arising out of the use of any element of Entrant’s Entry, or the Entrant’s conduct in submitting an Entry or creating a photo or otherwise in connection with this Contest, including but not limited to claims for trademark infringement, copyright infringement, violation of an individual’s right of publicity or right of privacy, or defamation. Entrant further agrees to release Sponsor from any and all claims that any advertising subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes Entrant’s rights with regard to any elements or ideas contained in any element of the Entry.
WINNER SELECTION: One GRAND PRIZE winner will be selected based on total accumulated votes during the voting period. It is up to Entrants to encourage friends, family and other social media users to vote for their project. Direct Colors Inc. will not put any single Entry before another. GRAND PRIZE winner will be contacted via email and phone no more than one week after voting has ended.
Public Voting: Limit one (1) vote per Entry per person per day. A day will be defined as the moment a user votes and ends 24 hours later.
Each Entrant may encourage family and friends to vote for his or her Entry, but Entrants may not attempt to induce others to vote for his or her Entry through the use of any incentive, sweepstakes or other promotion. Any use of automatic voting methods by any party will void all such votes and may result in the Entrant’s Entry being declared ineligible and disqualified from the Contest. Any attempt by an Entrant and/or his/her family or friends or community to vote more than the one vote per person per day using “bot” technology and/or any other fraudulent mechanism, as determined by Sponsor in its sole discretion, shall give Sponsor the right to disqualify the Entrant in Sponsor’s reasonable discretion.
PRIZES: The GRAND PRIZE winner of the Contest will receive $200 towards Direct Colors Inc. products to be redeemed within one (1) year of prize notification. If the prize is not redeemed within that timeframe, the prize will become null and void.
GENERAL CONDITIONS: Potential Winners are subject to verification, including without limitation, verification of eligibility and compliance with these Official Rules. All winners are solely responsible for any taxes on their respective individual prizes. No substitution of prize will be offered, except at the sole discretion of the Sponsor. Prizes are non-transferable. If for any reason the Contest is not capable of running as planned, including without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion to cancel, modify or terminate the Contest. Further, Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest; (b) violating the Official Rules; or (c) acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person. Sponsor reserves the right to require winners to submit to a confidential background check to confirm eligibility as a condition of awarding any prize to help ensure that the use of any such person in advertising or publicity for the Contest will not bring Contest Parties into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest as determined by Sponsor in its sole discretion. Entrants agree that the Sponsor has the sole right to decide all matters and disputes arising from this Contest and that all decisions of Sponsor are final and binding. This Contest is governed by the laws of the state of Oklahoma, and by entering; Entrants agree that all claims or disputes must be resolved exclusively in the federal or state courts in Shawnee, Oklahoma.
LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Contest Parties resulting from any user’s participation in or attempt to participate in the Contest or ability or inability to upload or download any information in connection with participating in the Contest. No responsibility or liability is assumed by the Sponsor or Contest Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any email transmissions to be sent or received; lost, late, delayed or intercepted email transmissions; inaccessibility of the Web Site, Facebook, Twitter or Instagram, in whole or in part for any reason; traffic congestion on the Internet or the Web Site; unauthorized human or non-human intervention in the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. Sponsor and Contest Parties are not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Web Site. Use of the Web Site, Facebook, Twitter or Instagram is at user’s own risk. Sponsor, the Contest Parties, Facebook, Inc., Twitter, Inc. and Instagram, Inc. (“Released Parties”) are not responsible for any personal injury or property damage or losses of any kind which may be sustained by user’s or any other person’s computer equipment resulting from participation in the Contest, use of the Web Site or the download of any information from the Web Site. By participating in the Contest, the Entrant releases the Released Parties from any and all claims, damages or liabilities arising from or relating to such Entrant’s participation in the Contest. By accepting a prize, winners agree that the Released Parties shall not be liable for any loss or injury resulting from participation in the Contest, or the acceptance or use of any prize. The Released Parties are not liable in the event that any portion of the Contest or scheduled Events are cancelled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control.
SPONSOR/CONTEST ADMINISTRATOR: Direct Colors Inc., 430 East 10th Street, Shawnee, OK 74801.
This Contest is in no way sponsored, endorsed or administered by Instagram, Twitter or Facebook.