ColorPro Award Global Photography Contest OFFICIAL RULES (“Official Rules”)
NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM PRIZES. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING. MANY WILL ENTER, FEW WILL WIN.
OPEN ONLY TO LEGAL RESIDENTS WHO ARE AT LEAST 18 YEARS OLD AT THE TIME OF ENTRY.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
ColorPro Award Photography Contest(“Promotion”) is sponsored by ViewSonic, Shoot The Frame, TourBox, Tinyspace, Blurb, Inc. (“Sponsor”).
1. PROMOTION PERIOD: The Promotion begins on August 18, 2020, at 12:01 AM Pacific Standard Time (“PST”) and ends on August 30, 2020, at 11:59:59 PM PST (“Promotion Period”). The Promotion consists of a “ColorPro Award.” The Administrator’s computer is the Promotion’s official clock.
2. ELIGIBILITY: This Promotion is offered only to those at least eighteen (18) years old at the time of entry. Employees of Sponsor, Administrator, and any of their respective owners, parent companies, affiliates, directors, subsidiaries, franchisees, representatives, advertising, Promotion and production agencies, agents (collectively, the “Promotion Entities”) and their immediate family members (i.e., spouse, parent, child, sibling, and the “steps” of each) and persons living in the same household of each (whether related or not) are not eligible to participate in the Promotion. Void where prohibited or restricted by law. All federal, state, and local laws apply. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor and Administrator’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. Entrants and/or potential winners may be required to provide proof of identification and eligibility as required by Sponsor or Administrator. For purposes of the Promotion, an entrant’s residential address and email address will be the physical address and email address submitted at the time of entry. Entrants will not be allowed to change their physical address or email address. If it is discovered or suspected that an entrant has registered or attempted to register for the Promotion using multiple email addresses or multiple identities, all of that entrant’s entries will be declared null and void and any prize an entrant might have been entitled to win will not be awarded any may be revoked. The use of any automated system or any like methods to participate in the Promotion is prohibited and will result in disqualification of any entrant attempting such use.
3. HOW TO ENTER THE COLORPRO AWARD: An Entrant will receive no more than one (1) Entry during the Promotion Period. In the event that a household enters the Promotion using more than three (3) unique email addresses, all of the Entries (as defined above) associated with that household (determined by Sponsor or Administrator in their sole discretion) may be disqualified. If it is discovered or suspected, in Sponsor’s sole discretion, that an Entrant plays or attempts to receive more than the stated number of Entries, all of that Entrant’s Entries, in Sponsor’s sole discretion, may be declared null and void and any prize(s) he/she might have been entitled to will not be awarded to him/her. In the event of a dispute about an entrant’s identity, the entry will be declared made by the primary account holder of the account associated with the email address used. The “primary account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the email address holder.
4. POTENTIAL WINNER SELECTION: On or about October 25, 2020, Administrator will select one (1) potential ColorPro Award” First Prize” winner, one (1) potential ColorPro Award” Second Prize” winners and one (1) ColorPro Award” Third Prize” from among all eligible Entries received during the Promotion Period by judges. There will be no more than one (1) potential ColorPro Award” First Prize” winner, one (1) ColorPro Award” Second Prize” winners, and one (1) ColorPro Award” Third Prize.” Each winner is deemed to be a potential winner, pending verification of eligibility and compliance with these Official Rules, as determined by Sponsor and Administrator, in their sole and absolute discretion.
5. PRIZES, ODDS OF WINNING, AND APPROXIMATE RETAIL VALUE (“ARV”):
A. ColorPro Award Prizes:
i. First Prize (1): The “Grand Prize” consists of one (1) ColorPro VP2785-2K Monitor, one (1) Tourbox Controller, one (1) 12-Month Shoot The Frame Premium Membership ($135 value), one (1) 12-Month Tinyspace Membership ($79 value), one (1) $500 Blurb Voucher, and one (1) $1000 cash from Shoot The frame, ViewSonic, tinyspace, and Blurb. The ARV of the ColorPro Award First Prize is $2,612.
ii. Second Prize (1): The “Second Prize” consists of one (1) 12-Month Shoot The Frame Premium Membership ($135 value), one (1) 12-Month Tinyspace Membership ($79 value), and one (1) $200 Blurb Voucher. The ARV of the Second Prize is $414.
iii. Third Prize (1): The “Third Prize” consists of one (1) 12-Month Shoot The Frame Premium Membership ($135 value), one (1) 12-Month Tinyspace Membership ($79 value), and one (1) $100 Blurb Voucher. The ARV of the Third Prize is $314.
iii. PRIZE PROVIDERS:
ViewSonic International Corp., located at 9F, No. 192, Lien Chen Road, Zhonghe Dist., New Taipei City, Taiwan, will provide one (1) ColorPro VP2785-2K Monitor and $250 for the Frist Prize winner as described above for this Promotion only. ViewSonic International Corp. is a subsidiary company of ViewSonic Corp. ( https://color.viewsonic.com) located at 10 Pointe Drive Brea, CA, 92821-7620 United States (“ViewSonic”).
Shoot The Frame, (https://shoottheframe.com/) will provide 12-Month Shoot The Frame Premium Membership and $250 for winners as described above for this Promotion only.
Blurb, (https://www.blurb.com/) will provide Blurb Voucher and $250 for winners as described above for this Promotion only.
Tourbox (“Tourbox”) will provide one (1) Tourbox Controller for the Frist Prize winner as described above for this Promotion only.
Tinyspace (http://tinyspace.io/) will provide 12-Month Tinyspace Membership and $250 for winners as described above in this Promotion only.
B. Total ARV: The total ARV of all available prizes in the Promotion is $3340.
C. Odds of Winning/Limit: The odds of winning a Grand Prize or First Prize depend on the total number of eligible Entries received during the Promotion Period. There is a limit of one (1) ColorPro Award Prize per household.
D. General: The actual value of prizes is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the Prize is awarded or redeemed. In such a case, the winner will not receive the difference between actual and ARV. In no event will more prizes than are stated in these Official Rules be awarded. If, for any reason, more Prize notifications are sent (or more claims are received) than the number of prizes offered, as set forth in these Official Rules, Sponsor reserves the right to award the intended number of prizes through a random drawing from among all eligible Prize claims received. No prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of a prize’s unavailability. All prizes will be awarded, assuming a sufficient number of eligible Entries are received, and prizes are properly claimed.
6. HOW TO CLAIM A PRIZE: On or about October 25, 2020, the Administrator will notify the potential First Prize, Second Prize, and Third Prize winners via email at the email address provided at the time of registration. Before being declared the First Prize winner, Second Prize winner and Third Prize winner, the potential First Prize winner, Second Prize winner, and Third Prize winner will be required to execute an Affidavit of Eligibility/Liability & Publicity Release and tax acknowledgment (“Affidavit”). The potential First Prize winner, Second Prize winner and Third Prize winner must return a fully executed and notarized Affidavit to the Sponsor or its authorized designee within seven (7) calendar days from the date it is postmarked as being sent to the potential winner or the Prize may (in Sponsor’s sole discretion) be forfeited. If a potential winner is disqualified, found to be ineligible or not in compliance with these Official Rules, declines to accept a prize, or in the event that the potential First Prize winner, Second Prize winner and Third Prize winner fails to return an executed and notarized Affidavit within the seven (7) calendar day deadline (if applicable), the Prize may be forfeited. If the First Prize, Second Prize, and Third Prize are forfeited, the First Prize, Second Prize, and Third Prize may be awarded to an alternate winner as determined by Sponsor in its sole discretion. The ColorPro Award Entities shall not be held responsible for any delays in awarding a prize for any reason. If, after a good-faith attempt, Sponsor is unable to award or deliver a prize, the Prize may not be re-awarded.
THE GRAND PRIZE AND FIRST PRIZE WINNERS WILL BE ISSUED A FORM 1099 FOR TAX PURPOSES IN THE AMOUNT OF THE ACTUAL RETAIL VALUE OF THE PRIZE AND MUST SUBMIT HIS OR HER SOCIAL SECURITY NUMBER, AS REQUIRED BY LAW.
ALL FEDERAL, STATE, AND LOCAL TAXES IMPOSED ON THE ACCEPTANCE OF A PRIZE ARE SOLELY THE RESPONSIBILITY OF EACH WINNER. Sponsor will attempt to notify each potential winner as set forth above. However, Sponsor is not responsible for any undelivered emails, including without limitation emails that are not received because of a winner’s privacy or spam filter settings, which may divert any Promotion email, including any winner notification email, to a spam or junk folder. Prizes that are unclaimed, unredeemed, or returned as undeliverable will not be awarded. The right to receive a prize is non-assignable, non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of a prize or force majeure, at Sponsor’s sole and absolute discretion. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. Promotion Entities shall not be held responsible for any delays in awarding the Prize for any reason. Each Prize will only be awarded to a verified winner.
7. LIMITATION OF LIABILITY: By participating in this Promotion Entrants (and if minors, their parents or legal guardians) agree that the Promotion Entities, and their respective affiliates, parents, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters and their respective officers, directors, employees, representatives, shareholders, designees and agents (“Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, postage due, or undeliverable email notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/Website/use net accessibility, availability or traffic congestion; or any technical, mechanical, printing, or typographical or other error; or unauthorized human intervention; or the loss, access, or acquisition without authorization, or incorrect or inaccurate capture of registration information; or the failure to capture, or loss or disclosure of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any Website users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access or acquisition of the Website, any Promotion-related website(s), or Entrant information. The Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person’s computer related to or resulting from participating in the Promotion and/or accepting or using a prize. The Released Parties shall not be responsible or liable for entries that are entered by any automated computer, program, mechanism or device, for any entries in excess of the stated limit or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such entries may, in Sponsor’s sole discretion, be disqualified. If, for any reason, the Promotion is not capable of running as planned, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion and/or proceed with the Promotion, including the selection of winners in a manner it deems fair and reasonable including the selection of the winners from among eligible ColorPro Award Entries received prior to such cancellation, termination, modification or suspension. In no event will more prizes be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical or other errors, there are more winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the winners. If for any reason, including but not limited to an administrative, printing, production, computer or other error or due to technical difficulties or incorrect announcements of any kind, more winning messages are distributed, or more prizes are claimed than are intended to be awarded according to these Official Rules, the intended prizes will be awarded in a random drawing from among all verified prize claims received. This Promotion is subject to all federal, state, and local laws and regulations.
By entering the Promotion, each Entrant (and if a minor, his/her parent or legal guardian) agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of Sponsor and Administrator, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Promotion; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Promotion, including but not limited to any Promotion-related activity or element thereof, and the Entrant’s ColorPro Award Entries, including any information provided, participation or inability to participate in the Promotion, (b) the violation of any third-party privacy, data security, personal, publicity or proprietary rights, (c) typographical or printing errors in these Official Rules or any Promotion materials, (d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation or modification of the Promotion, (g) human error, (h) incorrect, unauthorized, or inaccurate transcription, receipt or transmission of any part of any ColorPro Award Entry (including, without limitation, the registration information or any parts thereof), (i) any technical malfunctions or unavailability of the Website or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by an Entrant, (j) interruption or inability to access the Promotion, the Website or any other Promotion-related websites or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to Entrant’s (or any third person’s) equipment used to access the Promotion and/or its contents related to or resulting from any part of the Promotion, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Entries, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), or (p) the negligence or willful misconduct by Entrant.
Without limiting the foregoing, everything regarding this Promotion, including the Website and prize components, is provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranty of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
8. DISPUTES: THIS PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED SOLELY IN ACCORDANCE WITH THE LAWS OF TAIWAN AND SHALL BE SUBECT TO THE EXCLUSIVE JURISDICTION OF NEW TAIPEI DISTRICT COURT OF TAIWAN. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL 8 DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR PROMOTION ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN THREE (3) MONTHS FROM THE END OF THE PROMOTION PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED. Further, Entrants hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of-pocket costs; and (ii) have damages multiplied or otherwise increased. Entrants agree that the rights and obligations of any Entrant and/or Promotion Entities and/or any other party shall be resolved individually, without resort to any form of class action.
10. PUBLICITY RIGHTS: By participating in the Promotion and/or accepting a prize, each entrant (and if a minor, his/her parent or legal guardian’s) agrees to allow Sponsor and/or Sponsor’s designee the perpetual right to use his or her name, biographical information, photos and/or likeness, and statements for promotion, trade, commercial, advertising, and publicity purposes, at any time or times, in all media now known or hereafter discovered including live television, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
11. GENERAL: Any attempted form of participation in this Promotion other than as described herein is void. Suppose it is discovered or suspected in Sponsor’s sole and absolute discretion that an Entrant has registered or attempted to register more than once using multiple email addresses, accounts, multiple identities, proxy servers, or like methods. In that case, all of that Entrant’s ColorPro Award entries will be declared null and void, and that entrant will be ineligible to win a prize. Also, if it is discovered that any Entrant attempts to receive additional ColorPro Award entries in excess of the stated limitation, that entrant may, in Sponsor’s sole discretion, be disqualified from the Promotion. In the event of a dispute as to the identity of a winner, the winning ColorPro Award entry will be declared made by the authorized account holder of the email address submitted on the registration form associated with such ColorPro Award entry. “Authorized account holder” is defined as the natural person assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution) responsible for assigning email addresses for the domain associated with the submitted email address. Sponsor and Administrator reserve the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Promotion, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Promotion. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Promotion will void any attempted participation affected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A 9 VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the prize documents will not affect the validity or enforceability of any other provision. Sponsor’s and/or Administrator’s interpretation of these Official Rules is final and binding in all matters related to the Promotion. Sponsor or Released Party’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All ColorPro Award entries and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Promotion details contained in these Official Rules and Promotion details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Promotion as set forth in these Official Rules shall prevail.
The Sponsors reserve the right to modify and terminate this Promotion’s terms and conditions at any time without informing participants.