Official Contest Rules – 2016

Capturing Memorial Day 2016 – Photo Contest Official Rules

Click here for a PDF download of the Official Rules.

Eligibility: The Funeralwise.com 2016 Capture Memorial Day Photo Contest” (the “Contest”) is open only to legal residents of the United States and the District of Columbia who are at least eighteen (18) years old as of the date of entry. Employees of Funeralwise, LLC, and its affiliates as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, local and municipal laws and regulations and is void where prohibited by law. By submitting an entry, entrants agree to unconditionally accept these Official Rules and the decisions of the Sponsor which are final and binding

Sponsor and Administrator: Funeralwise, LLC, 601 Elmwood Avenue, Wilmette, IL 60091.

Contest Period: The Contest begins on May 23, 2016 at 12:00 a.m. Eastern Time (“ET”). All entries must be received by midnight on June 6, 2016 at 12:00 a.m. ET (the “Contest Period”).

Photograph Guidelines: Photographs must be taken of or within a cemetery located in the United States or the District of Columbia. The objective is to capture the meaning and emotion associated with Memorial Day, the annual American holiday honoring those that died in the service and defense of the country.

Photographs must be submitted in JPEG or JPG format. High quality scans of non-digital photographs will be accepted. Images may not be digitally or otherwise altered or enhanced. Photos may be cropped. Also, minor adjustments such as spotting, dodging and burning, sharpening, contrast and slight color adjustment are acceptable. If the judges determine that a photo has been altered, they reserve the right to disqualify it.

Entrants may be asked to provide an original image (at least 8×10 inches at 300 dpi) to be used for print reproduction and verification purposes. Failure to do so could result in disqualification.

Since photographs will be taken on cemetery grounds, care should be taken to avoid visibly capturing the names and identities that appear on grave markers. Digital distortion of the names on headstones and other grave markers will be allowed on submitted photos.

How to Enter: Entries must be submitted via upload to the contest page.

Valid entries consist of the following:

1. Photograph images submitted in digital files as upload to the Funeralwise.com contest page. Up to 3 photos per entry are permitted. See Photograph Guidelines for details.
2. Photographer’s name, mailing address, phone number and email address.
3. Photo caption including description (if applicable), and name and location of cemetery in which the photo was taken.

Limit one (1) entry per person (i.e., up to 3 photos per entry).Limit three (3) photos per entrant. If more than three photos are submitted, Funeralwise.com will determine at its discretion which three photos will be considered.

By entering the Contest, entrant represents and warrants that the submitted photograph is an original work created solely by the entrant, that the photograph does not infringe on the copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property rights of any person or entity, and that no other party has any right, title, claim or interest in the photograph.

Voting: Voting will take place on the Funeralwise.com contest page. Voting will open on June 11, 2016 and end on June 21, 2016. Voting will be limited to one vote per IP address per day. A team of judges will select at least 12 Finalists from the eligible entries. The exact number of finalists will be determined by the number and quality of the photos submitted. The selection of Finalists will be based on 1) creativity, 2) photographic quality, and 3) the ability of the image to capture the emotion and meaning of Memorial Day. The Finalists will be notified and they will be requested to send any applicable signed third party releases for the submitted photograph within 7 days of receiving the request. Failure to provide such releases could result in disqualification.

Twitter, Facebook, and Instagram users will be invited to vote for their favorite photos by advertisements placed on the Funeralwise.com social media pages. Votes are limited to one per IP address per day. The winning photos will be announced on or around June 30, 2016
 
Winners will be determined based on total number of votes received at the conclusion of the voting period. In the event of a tie, the winnings will be combined for the applicable prizes and divided equally among the entrants. For example, a 2-way tie for the top prize will combine the prize money for the Grand Prize and First Place Prize and be divided equally.

Prizes: ONE (1) GRAND PRIZE: $500. ONE (1) FIRST PRIZE: $250.
ONE (1) SECOND PRIZE: $100. Prizes are non-transferable.

Winner is responsible for all taxes and fees associated with prize receipt. Winner must sign and return a Release and Affidavit of Eligibility (“Release”), which must be received by Sponsor within ten (10) days of the date of first attempted notification. If a winner cannot be contacted, or fails to sign and return the Release within the required time period, the winner may be disqualified. In the event of a disqualification for any reason, Sponsor may choose to award the forfeited prize to another entrant. Winner’s names will be posted on website and social media pages..

Licenses and Releases: By entering the Contest, each entrant grants to Sponsor a non-exclusive, irrevocable, perpetual, worldwide license to display, distribute, reproduce, adapt or modify the submitted photograph(s), in whole or in part, in any media now existing or subsequently developed, for any educational, promotional or other purpose. The Sponsor will not be required to pay any additional consideration or seek any approval for such uses. To the extent feasible, reproductions of the photograph(s) will include a photographer credit. This license does not convey ownership of copyright to Sponsor. The entrant will retain copyright ownership and may exploit the submitted photograph(s) for any lawful purpose.

A photo release will be required from any individual whose image is recognizable in a photograph. A parent or guardian must sign a release if the subject is a minor. Also, a location photo release is required if a photograph contains any material or elements which are subject to the rights of third parties. This includes property of the subject cemetery such as sculptures, statues and other works of art. Entrant will be solely responsible for obtaining all necessary releases.

Release forms are available at www.funeralwise.com/photo-contests/.

Privacy: Entrants agree that personal information submitted may be used for purposes of administering the Contest and any other purposes outlined in these Official Rules. Furthermore, entrants agree that Sponsor may send them email communications that Sponsor feels will be of interest to them, provided however, that instructions are included for requesting removal from future email correspondence. Information collected from entrants is subject to Sponsor’s privacy policy.

Conditions of Participation: By receipt of any prize, winner agrees to release and hold harmless Sponsor, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.

Acceptance of the prize constitutes permission for the Sponsor and its agencies to use winner’s name, likeness, photograph, biographical material for promotional purposes in any media, worldwide, without further payment or consideration, unless prohibited by law.

The Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, or delay in transmission or for technical electronic, computer hardware or software malfunctions or limitations of any kind. Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in Cook County, Illinois; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Illinois without giving effect to any choice of law or conflict of law rules (whether of the State of Illinois or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Illinois.

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