My Wixom Photo Contest
“MY WIXOM PIC” PHOTO CONTEST
OFFICIAL CONTEST RULES
Sponsor is My Place Hotels of America, LLC, 1910 8th Avenue NE, Aberdeen, SD 57401 (“Sponsor”).
The 2018 “My Wixom Pic” Photo Contest (the “Contest”) begins _______________, 2018 at 12:00 p.m. Central Daylight Time (“CDT”) and ends __________________, 2018, 12:00 p.m. CDT. ALL ENTRIES MUST BE RECEIVED BY ______________________, 2018 AT 12:00 CDT. Information on how to enter and prizes form part of these official rules (“Official Rules”). By submitting an entry, each entrant agrees to the Official Rules and warrants that his or her entry complies with all requirements set out in the Official Rules. This is a skill-based contest and chance plays no part in the determination of winners.
Who may enter.
Contest is open only to residents of the United States of America who have reached the age of majority in their jurisdiction of residence. No purchase is necessary to win. Employees of My Place Hotels, and its subsidiaries and affiliates, and their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they live) or persons living in the same households of such employees, whether or not related, are not eligible. CONTEST IS VOID WHERE PROHIBITED.
How to enter.
The theme of the contest is “My Wixom Pic.” Your photograph must showcase or embody the local Wixom, Detroit, and Ann Arbor metropolitan area. To enter, you must submit to us a photograph by email to MyWixomPic@myplacehotels.com. Alternatively, you can submit to us a photograph via Facebook, Twitter, or Instagram using the hashtag #MyWixomPic. You may enter up to eight (8) photographs per person. Each entry must comply with the following requirements:
For each photograph entered, include:
The title of the work (if applicable);
The location where the photograph was taken;
A brief (50 words or less) explanation of how your photograph showcases or embodies the Wixom, Detroit, and/or Ann Arbor metropolitan areas.
Photographs must be in digital format. Only online entries will be eligible. No print or film submissions will be accepted for entry into this Contest. All images must be taken with a digital camera; scans of negatives or slides will not be accepted. All digital files must be 20 megabytes or smaller, must be in .jpeg/.jpg format, and must be printable as a photo-quality image at a size of 30 inches by 18 inches (if a horizontal image) or 18 inches by 30 inches (if a vertical image).
Only minor burning, dodging, and/or color correction is acceptable, as is minor cropping. High dynamic range images (HDR) and stitched panoramas are acceptable.
Photographs that include sculptures, statues, paintings, and other works of art will be accepted as long as they do not constitute copyright infringement or fraud; entrants must be prepared to provide a release form as described below in "Release." When photographing the work of others, it must be as an object in its environment and not a full-frame close-up of another person's art.
The photograph, in its entirety, must be a single work of original material taken by the Contest entrant. By entering the Contest, entrant represents, acknowledges, 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, 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.
The photograph must not, in the sole and unfettered discretion of the Sponsor, contain any content that:
Is sexually explicit or suggestive, unnecessarily violent, or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
Promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
Is obscene or offensive; endorses any form of hate or hate group; appears to duplicate any other submitted entries;
Defames, misrepresents, or contains disparaging remarks about other people or companies;
Contains trademarks, logos or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission; contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
Contains copyrights materials owned by others (including photographs, websites, television, movies or other media), without permission;
Contains look-a-likes of celebrities or other public figures, living or dead;
Communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or
Violates any law.
The caption, if any, must be complete and accurate, sufficient to convey the circumstances in which the photograph was taken. Disguising or misrepresenting the origin of your content is cause for disqualification.
Watermarks are unacceptable.
The entries will be judged in accordance with the Judging Criteria, as defined below. Proof of submission is not proof of receipt. Entries must be made by the authorized account holder of the e-mail address, or Facebook, Instagram, or Twitter account 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 provider, online service provider, internet domain owner, or other person or organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor reserves the right to examine the original photograph/source material in order to confirm compliance with these rules.
Judging consists of a single round of evaluation. The judges will be following employees/ officers of My Place Hotels of America: the CEO, the SVP Brand Management, an Administrative Assistant, the Director of Marketing, and the VP of Franchise Sales and Development (collectively, “Judges”). The Judges will select up to eight (8) entries from among all eligible entries based on the following criteria (“Judging Criteria”):
Accuracy of the representation of the Greater Wixom, Detroit, and Ann Arbor metropolitan area (60%);
Artistic creativity (20%); and
Photographic quality (20%).
In the event of a tie, the tied entries will be re-submitted to the Judges for a re-judging between the tied entries alone. In the event that a tie remains after re-judging, the entry with the highest “Accuracy” Judging Criteria will be declared the winner. Winners will be chosen on _______ (DATE) and will be notified by e-mail, Facebook, Instagram, or Twitter. Decisions of the Judges are final and binding.
If the photograph contains any material or elements that are not owned by the entrant and/or which are subject to the rights of third parties, and/or if any persons appear in the photograph, the entrant is responsible for obtaining, prior to submission of the photograph, any and all releases and consents necessary to permit the exhibition and use of the photograph in the manner set forth in these Official Rules without additional compensation. If any person appearing in any photograph is under the age of majority in their state of residence the signature of a parent or legal guardian is required on each release.
Upon Sponsor's request, each entrant must be prepared to provide (within seven (7) calendar days of receipt of Sponsor's request) a signed release from all persons who appear in the photograph submitted, and/or from the owner of any material that appears in the photograph entry, authorizing Sponsor and its licensees (“Authorized Parties”) to reproduce, distribute, display, and create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known. Failure to provide such releases upon request may result in disqualification at any time during the Contest and selection of an alternate winner.
Similarly, upon Sponsor's request, each entrant must be prepared to provide (within seven (7) calendar days of receipt of Sponsor's request) a signed written license from the copyright owner of any sculpture, artwork, or other copyrighted material that appears in the photograph entry, authorizing any Authorized Party to reproduce, distribute, display, and create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known. Failure to provide such releases upon request may result in disqualification and selection of an alternate winner.
Finally, upon Sponsor's request, each entrant must be prepared to provide (within seven (7) calendar days of receipt of Sponsor's request) a signed written license from the owner of any private property included in the photograph entry, authorizing any Authorized Party to reproduce, distribute, display, and create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known. Failure to provide such releases upon request may result in disqualification and selection of an alternate winner.
For the purposes of these Official Rules, the entrant will be deemed to be in receipt of Sponsor's request or notification, (a) in the event that Sponsor sends the request by postal mail, five business days after the request was sent by Sponsor, or (b) in the event that Sponsor sends the request by email, on the day that the email was sent by Sponsor.
Contest winners will have their entry displayed in the public area of the My Place Hotel in Wixom, Michigan. There will be eight entries selected for this prize. No other prize will be awarded, and there is no cash value to the prize.
Potential winners shall be required to sign and return within ten (10) days following an attempted notification, an Affidavit of Eligibility and Liability Release, Warranty of Ownership and License, and Publicity Release (“Affidavit”) in which the entrant warrants that he/she is the owner of the photograph (and all the intellectual property rights in the photograph submitted) and grants to Sponsor and its licensees the License described below. Failure to execute and deliver any required documents to Sponsor by the specified deadline may result in disqualification from the Contest, and selection of an alternate potential winner.
NONCOMPLIANCE OR RETURN OF PRIZE NOTIFICATION AS UNDELIVERABLE, WHETHER BY REGULAR MAIL OR BY E-MAIL OR OTHER METHOD OF NOTIFICATION, MAY RESULT IN DISQUALIFICATION AND SELECTION OF AN ALTERNATIVE POTENTIAL WINNER.
By entering the Contest, all entrants grant an irrevocable, perpetual, worldwide, non-exclusive license to Authorized Parties, to reproduce, distribute, display and create derivative works of the entries (along with a name credit) in connection with the Contest and promotion of the Contest, in any media now or hereafter known, for no additional compensation, including, but not limited to: display at the My Place Hotel—Wixom, Michigan (the “License”). Display or publication of any entry on an Authorized Party’s website does not indicate the entrant will be selected as a winner. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use as authorized by the License. Additionally, by entering, each entrant grants to Authorized Parties the unrestricted right to use all statements made in connection with the Contest, and pictures or likenesses of Contest entrants, or choose not to do so, at their sole discretion, except where prohibited by law. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use.
Limitation of liability.
By entering this Contest, all entrants agree to release, discharge, and hold harmless Sponsor and its partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives from any claims, losses, and damages arising out of their participation in this Contest or any Contest-related activities and the acceptance and use, misuse, or possession of any prize awarded hereunder.
Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line. Sponsor is not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any entry to be received on account of technical problems or traffic congestion on the Internet or at any website, human errors of any kind, or any combination thereof, including any injury or damage to entrants' or any other persons' computers related to or resulting from participation, uploading or downloading of any materials related to in this Contest.
THIS CONTEST IS VOID WHERE PROHIBITED. Entrants agree that this Contest shall be subject to and governed by the laws of the State of South Dakota and the forum for any dispute shall be in the Fifth Judicial Circuit, Brown County, South Dakota, or the Federal District Court for Northern District of South Dakota. To the extent permitted by law, the right to litigate, to seek injunctive relief or to make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded and any entrant expressly waives any and all such rights. Certain restrictions may apply. Entries are void if Sponsor determines the photograph to not be an original, or if the entries are incomplete, inaccessible or blocked, corrupted, damaged, irregular, altered, counterfeit, produced in error or obtained through fraud or theft.
By entering, entrants also agree (a) to be bound by these Official Rules; (b) that the decisions of the Judges are final and binding with respect to all matters relating to the Contest; and (c) if the entrant wins that Authorized Parties may use the winning photographs and each winner's name, photograph, likeness, and/or voice in any publicity or advertising relating to the Contest or future promotions without compensation or approval (except where prohibited by law).
Sponsor reserves the right to verify the validity and originality of any entry and/or entrant (including an entrant's identity and address) and to disqualify any entrant who submits an entry that is not in accordance with these Official Rules or who tampers with the entry process. Failure by Sponsor to enforce any of its rights at any stage does not constitute a waiver of those rights.
Right to cancel or suspend contest.
If for any reason the Contest is not capable of running as planned, due to infection by computer virus, bugs, worms, trojan horses, denial of service attacks, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right, at its sole discretion, to disqualify any individual(s) who tamper with the entry process, and/or to cancel, terminate, modify, or suspend the Contest. If Sponsor elects to cancel or terminate the Contest, Sponsor will not retain any rights in the submitted photographs.
Entrants are responsible for complying with these Official Rules. Winners' names will be available online at www.myplacehotels.com/__________ on or about _______________, 2018.
Entrants agree that personal data, especially name and address, may be processed, shared, and otherwise used for the purposes and within the context of the Contest and any other purposes outlined in these Official Rules. The data may also be used by Sponsor in order to verify the entrant's identity, postal address, and telephone number or to otherwise verify the entrant's eligibility to participate in the Contest.
Facebook, Instagram, and Twitter.
Facebook, Instagram, and Twitter (“Platforms”) are merely platforms for submitting entries to the contest. The Platforms are not sponsors of or in any way affiliated with this contest promotion, nor is this contest endorsed by, administered by, or associated with the Platforms. By entering this contest, each entrant agrees to completely hold harmless and release the Platforms to the maximum extent allowed by law from any and all claims of any nature whatsoever. You may not open multiple Platform accounts to increase your chance of winning; doing so will disqualify you from the contest. Sharing on your personal timeline or feed, on another’s timeline or feed, or tagging friends will not increase your chances of winning.