2018 Virtuoso Traveler Photo and Video Contest
The 2018 Virtuoso Traveler Photo and Video Contest (the “Contest”) begins September 4, 2018 at 12:00:00 a.m. U.S. Central Daylight Time (“CDT”) and ends October 15, 2018, 11:59:00 p.m. CDT. ALL ENTRIES MUST BE RECEIVED BY OCTOBER 15, 2018 AT 11:59:00 P.M. CDT. Virtuoso, Ltd. (“Virtuoso”) will notify winners on or around December 1, 2018. Information on how to enter and prizes form part of these official rules (these “Rules”). By submitting a Contest entry form with photo(s) and/or video(s) (collectively, an “Entry”), each entrant unconditionally accepts and agrees to these Rules and warrants that his or her entry complies with all requirements set out in these Rules. Contest entrants may be referred to as “entrants,” “you” and “your.” THERE IS NO ENTRY FEE, AND NO PURCHASE IS NECESSARY TO ENTER OR WIN. THIS IS A SKILL-BASED CONTEST AND CHANCE PLAYS NO PART IN THE DETERMINATION OF WINNERS.
2. WHO MAY ENTER
Except as otherwise excluded below, the Contest is open to all individuals who are at least 21 years of age at the time of Entry submission. The following individuals are not eligible to enter or win: (1) Employees of Virtuoso, members of a Virtuoso employee’s immediate family, and individuals living in the same household with a Virtuoso employee; (2) Virtuoso Member Agency affiliated travel advisors; and (3) Employees of any Virtuoso Preferred Supplier. ADDITIONALLY, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE FOLLOWING INDIVIDUALS ARE NOT ELIGIBLE AND ARE EXCLUDED FROM ENTERING OR PARTICIPATING IN THE CONTEST: (1) RESIDENTS OF THE PROVINCE OF QUEBEC AND RESIDENTS OF BRAZIL, (2) INDIVIDUALS ON THE CONSOLIDATED SCREENING LIST OR ANY OTHER DENIED PERSONS LIST MAINTAINED BY THE U.S. GOVERNMENT OR ANY AGENCY THEREOF, AND (3) RESIDENTS OF ANY U.S. EMBARGOED/SANCTIONED COUNTRY (AS THAT LIST IS MAINTAINED BY THE U.S. GOVERNMENT OR ANY AGENCY THEREOF) INCLUDING WITHOUT LIMITATION, AFGHANISTAN, CUBA, IRAN, IRAQ, NORTH KOREA, SUDAN, AND SYRIA. VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY LAW.
By submitting an Entry, you represent and warrant that you are eligible and fully authorized to enter the Contest, that you have entered the Contest of your own free will and have read, complied with and agree to be bound by these Rules, and that you have not engaged in any fraud or deception in entering the Contest. Virtuoso reserves the right to determine and verify, in its sole judgment, entrant and winner eligibility. Virtuoso reserves the right to disqualify any Entry if it finds in its sole discretion that any of the warranties or requirements set forth herein have been breached. Virtuoso has no obligation to notify you if your Entry is disqualified for any reason.
3. HOW TO ENTER
4. WHAT TO ENTER
Virtuoso invites you to submit one or more Entries with your best original photographs and/or videos of your favorite travel moments that feature you and/or your family and friends enjoying vacations. All photos and videos, in their entirety, must be your original work and taken within two (2) years prior to the date of entry. Your photo(s) and/or video(s), or substantially similar content, must not have been published previously, nor have won any other contest, nor be currently entered in any other contest. All photos and videos must accurately reflect the subject matter as it appeared at the time the photo/video was taken. Do not watermark or place any other distinguishing marks (for example, name or copyright information) on any portion of your Entry. Size requirements: (i) Photos: must be 20 megabytes (MB) or smaller, must be in JPEG or .jpg format, and preferably at least 1,600 pixels in width (for a horizontal image) or 1,600 pixels in height (for a vertical image); (ii) Videos: upload original videos preferably 2 minutes or less in the following formats: MOV, MP4, or MPEG. Maximum file size is 300 MB. Virtuoso reserves the right, in its sole discretion, to reject and/or disqualify any Entry that it deems, in its sole discretion, to be obscene, defamatory, profane, offensive, lewd, false, misleading, or otherwise inconsistent with its editorial standards, audience expectations, or reputational interests or that Virtuoso believes may violate any applicable law or the rights of any third party.
Four cash prizes (U.S. Dollars) will be awarded, as follows:
1st - $2,000
2nd - $1,500
3rd - $1,000
People’s Choice - $500
You may share your Entry(ies) on social media (Facebook and Twitter) and encourage friends and family to vote. First, second, and third prize will be judged and determined by Virtuoso, and the People’s Choice prize will be awarded to the entrant with the most social media votes; any ties will be decided by Virtuoso in its discretion. Each winner must claim his/her prize within the designated timeframe (if any), or the prize may be forfeited. Additionally, winners will be required to execute and return an affidavit of eligibility and liability/publicity release before any prize may be claimed. All amounts are stated in U.S. Dollars.
By submitting an Entry, you represent and warrant that (i) you solely and exclusively own all rights (including without limitation, copyright) in and to all content submitted with your Entry, including photo(s) and/or video(s) (collectively, “Entry Content”), (ii) the Entry Content is original material created solely by you, and (iii) the Entry Content does not infringe on any third party’s rights (including copyright, trademark, moral rights, privacy, publicity, or intellectual property rights). Entrants retain ownership, and all other rights to future use of their Entry Content, subject to the license granted to Virtuoso in these Rules. By submitting an Entry, you expressly grant Virtuoso and its agents and licensees the right to use and distribute any and all of your Entry Content in any manner set forth in these Rules. Regardless of your eligibility or whether your Entry is chosen as a winner, by submitting an Entry and in consideration for the opportunity to participate in the Contest, you expressly grant Virtuoso and its agents and licensees an irrevocable, worldwide, perpetual, non-exclusive, royalty-free license to reproduce, use, publish, distribute, display, and create derivative works of any kind of any and all of your Entry Content, and to publish your name, city, state, and country of residence, testimonial, likeness, award level, prize description (if any), and personal exposition, in any form or medium now known or hereafter devised, for any commercial, editorial, or other purpose in connection with Virtuoso’s brand, products and/or services, on behalf of Virtuoso and/or its Member Agencies, collectively or individually, including without limitation, publications, websites, social media, exhibitions, events (such as Virtuoso Travel Week), calendars, a compilation book or electronic collection of content, online features, advertising, promotions, and emails. Virtuoso will not pay any consideration or seek any additional approval in connection with such use. We reserve the right to edit or otherwise modify your Entry Content for publication. You waive any right to inspect or approve any use of your Entry Content by Virtuoso or any descriptions, commentary, or copy used in connection with the Entry Content. You waive any right to have the Entry Content attributed to you. You agree to be solely responsible for any and all claims arising out of Virtuoso’s (or its licensees’) use of your Entry Content for the purposes contemplated herein, including without limitation, any claims for libel, invasion of privacy or publicity rights or any other intellectual property rights. You hereby waive your “moral rights,” if any, in your Entry Content. Virtuoso is not required to use, publish, distribute or display your Entry Content or your identity. You agree to execute all papers and to perform such other proper acts as Virtuoso may deem necessary, in its discretion, to secure and perfect the rights granted herein. If the above-referenced license is not sufficient in your jurisdiction of residence to allow Virtuoso to take all actions described herein with respect to your Entry Content, you agree to fully cooperate with Virtuoso and execute all papers and perform such other proper acts as Virtuoso may deem necessary, in its discretion, to secure and perfect the rights granted herein.
7. IMAGE RELEASES
If any images you submit (whether photo or video) feature any person (other than you), copyrighted works (such as art, sculpture, etc.) of a third party, private property of a third party, or otherwise feature any material or elements owned by a third party, you must obtain a legally compliant written release (consenting to your submission of the image to Virtuoso and granting the license rights described in Section 6 above) from the person or owner of the copyrighted work or private property (as applicable) prior to submitting the image with your Entry. You may opt to use the sample release form provided here: Sample Release Form; provided however, it is your sole obligation to ensure that any image release form you use, whether Virtuoso’s sample release form or otherwise, meets all legal requirements in your jurisdiction, and Virtuoso makes no warranties that its sample release form meets such legal requirements. You must be prepared to provide the proper signed release(s) to Virtuoso within five (5) calendar days of request. Images that feature paintings, statues, sculptures, and other works of art are acceptable so long as they do not infringe any third party’s copyright or other proprietary rights (and you must be prepared to provide a release form as described above). With respect to the work of others, the image must be of the work as an object in its environment and not a full-frame close-up of another person’s art. Regardless of whether you obtain or provide a written release, you represent and warrant that you obtained express permission from all persons and owners of copyrighted works and private property featured in your images to (1) take the image, (2) submit the image with your Entry, and (3) grant the license described in Section 6 to Virtuoso. If any person from whom you are obtaining a written release is under the age of majority in his or her jurisdiction of residence, the signature of a parent or legal guardian is required on the release.
8. WINNERS LIST
A list of winners will be made available on or after December 1, 2018, by sending an email request to email@example.com.
9. OTHER TERMS AND CONDITIONS
Limit one (1) prize per person, family or household. Winners may not transfer prize rights nor obtain substitutions. Virtuoso reserves the right to substitute prizes of equal or greater value. Return of any prize and/or prize notification as undeliverable, an entrant's failure to respond, or failure of any entrant to comply with these Rules may result in disqualification and/or prize forfeiture. If Virtuoso is unable, after making reasonable efforts, to award any prize, such prize may be permanently forfeited and go unawarded, in Virtuoso's discretion. All applicable federal, state, provincial, territorial, and local taxes, fees, and surcharges on prizes are the sole responsibility of the applicable winners. In accordance with applicable law, each winner may be required to report the total value of the applicable prize as income on his or her federal and state (if applicable) income tax return, regardless of whether the winner receives an IRS Form 1099 (or other comparable form) from Virtuoso. The Contest will be judged by a panel of judges selected by Virtuoso, and may include employees of Virtuoso. Please recognize that some photos and/or videos may be similar or display similar topics or themes, and Virtuoso reserves the right, in its discretion, to choose the photos and/or videos that are best suited to win. Decisions of Virtuoso are final and binding.
BY SUBMITTING AN ENTRY, YOU HEREBY RELEASE, WAIVE AND DISCHARGE, AND AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS, VIRTUOSO, ITS AFFILIATED ENTITIES, AND THEIR RESPECTIVE SHAREHOLDERS, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS AND REPRESENTATIVES (THE “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL INJURY, LOSS, CLAIM, ACTION, DEMAND, LIABILITY, DAMAGE, COST, OR EXPENSE (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) OF ANY KIND (EVEN IF CAUSED BY A RELEASED PARTY’S NEGLIGENCE) ARISING FROM OR RELATED TO ANY PRIZE AWARDED TO YOU OR YOUR USE THEREOF, ANY USE OF YOUR ENTRY CONTENT BY VIRTUOSO OR ITS LICENSEES FOR THE PURPOSES CONTEMPLATED HEREIN, YOUR BREACH OF THE REPRESENTATIONS AND WARRANTIES MADE HEREIN, AND/OR YOUR PARTICIPATION OR ENTRY IN THE CONTEST. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE INDEMNITY AND RELEASE OF LIABILITY STATED HEREIN IS INTENDED TO RELEASE AND INDEMNIFY THE RELEASED PARTIES FROM THE CONSEQUENCES OF THE RELEASED PARTIES’ OWN NEGLIGENCE. VIRTUOSO MAKES NO WARRANTIES IN CONNECTION WITH THE CONTEST OR THE PRIZES. VIRTUOSO EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND YOU AGREE THAT YOU ARE NOT RELYING ON ANY SUCH WARRANTIES. Except where prohibited and to the fullest extent permitted by law, BY SUBMITTING AN ENTRY, YOU AGREE THAT: (A) your rights 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 the Contest are hereby excluded, and you expressly waive any and all such rights; (B) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST, OR AWARDING OF THE PRIZES, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (C) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN AWARDS FOR AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM PUNITIVE, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOSS OF DATA, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME PORTIONS OF THE ABOVE MAY NOT APPLY TO YOU.
Virtuoso is not responsible for any incorrect or inaccurate information, whether caused by internet users or by any equipment, website or programming associated with or utilized in the Contest, or by any technical or human error that may occur in the processing of submissions to the Contest, including but not limited to any misprints, typographical errors, internet downtime, transmission errors, website malfunction, or misdirected prize notifications. Virtuoso assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction or unauthorized access to, or alteration of, Entries or Entry Content. Virtuoso is not responsible for errors, omissions, misstatements, or miscalculations of third parties including any social media platform or any voting platform. Neither Facebook, Twitter, nor any other third-party social media platform are affiliated with the Contest, and no endorsement is intended or implied. Trademarks are the property of their respective owners. You agree that the Contest will be subject to and governed by the laws of the State of Texas, U.S.A. (excluding any provisions on conflicts of law), and the exclusive forum for any dispute will be in Tarrant County, Texas, U.S.A. To the extent permitted by law, your 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 the Contest are hereby excluded, and you expressly waive any and all such rights. Any attempt by you or any other individual to undermine the legitimate operation of the Contest is a violation of criminal and civil laws. Virtuoso reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest or amend these Rules, for any reason and without notice, which actions will not terminate, limit, or otherwise affect the licenses granted herein or any other rights and privileges afforded to Virtuoso by these Rules. If any provisions of these Rules are held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in force to the fullest extent permitted by law. Sponsored by Virtuoso, Ltd., 777 Main Street, Suite 900, Fort Worth, Texas 76102. VIRTUOSO is a registered trademark of Virtuoso, Ltd. in the United States; outside of the U.S., the VIRTUOSO mark is the property of Virtuoso, Ltd. and is registered with numerous national trademark registries around the world. All rights reserved.