Pixe Encore Contest Terms & Conditions
1. Eligibility
The Pixe Encore Photo Contest is open to anyone over the age of majority but is VOID WHERE PROHIBITED. Employees, officers and directors of Pixe, LLC (“Pixe Social”), and each of its related companies in use of Pixe Social Services, as well as the immediate family (i.e. parents, spouse, children, siblings and grandparents) and household members of each such employee, officer and director are not eligible to win. By participating in the Contest, the Entrant fully and unconditionally agrees to and accepts these Contest terms and conditions and the decisions of Pixe Social, which are final and binding. NO PURCHASE OR PAYMENT NECESSARY. Purchasing will not improve the Entrant's chances of winning.
2. Sponsor
The sponsor and administrator of this Contest is Pixe, LLC (“Pixe Social”) with its place of business located at 10320 Little Patuxent Parkway, Suite 400, Columbia, MD 211044, United States of America. Although administrated via social media, the Contest is no way sponsored, endorsed, or in association with Facebook, Twitter, and/or Instagram. Each Entrant completely releases and absolves Facebook, Twitter, Instagram, and/or its affiliates from any association or liability of said Contest.
3. Contest Period
The Contest Period begins and ends on the specified dates in confirmation emails received by Entrants. Ending time Period of Contest is 11:59 PM EDT on the last day of the Contest. Contest Winner will be contacted via email and will be announced, upon winner’s approval, on the Contest’s Facebook Page.
4. How to Enter
The Entrant can enter the Contest by taking their photo using the Pixe Encore application, entering their email, and receiving the most number of Facebook ‘Likes’ on their photo (including likes from the shared photo) before the Contest Period ends. No other method of entry is accepted. The Entrant that has the most number of 'likes' on their photo using Pixe Encore within the specified Contest Period will determine the Winner. Entrant must have a valid email to be eligible for the Contest. Pixe Social will retain such personal information in a secure database for the duration of the Contest Period.
Pixe Social is not responsible for interrupted or unavailable network, server, or other connections; scrambled transmissions or other errors or problems of any kind whether mechanical, human, or electronic, technical malfunctions or computer hardware, software, or any combination thereof; or problems associated with any virus or any other damage caused to Entrants' systems.
The Entrant can only submit a photo that the Entrant has the right to submit as the photo owner or have permission from the photo owner. Photos that are violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive will not be permitted. Pixe Social shall have absolute discretion in determining which photos are to be permitted for inclusion in the Contest. Permission of the parent or guardian of anyone under the age of majority depicted in the photo shall be secured by the person submitting the photo in advance of the Contest.
5. Selection and Notification
All Entrants must comply with these Terms and Conditions. Winning is contingent upon fulfilling all requirements. During the Photo Contest Period, Pixe Social will determine the Entrant with the most number of ‘likes’ on their Facebook photo (that has a corresponding valid email) within the contest period. There will be one (1) Winner per Contest Period for the most number of total photo ‘likes’. At the conclusion of the Contest Period, Pixe Social will notify the Winner via email provided by Entrant. Entrant will have seventy-two (72) hours to confirm they are the Winner. Pixe Social will then ask permission of Winner to announce them as the Winner of Pixe Encore's Photo Contest. The Winner will receive the prize specified within the Photo Contest details. If the winner(s) do not respond within seventy-two (72) hours of the date Pixe Social has notified them via the email provided, or fails to comply with the restrictions contained in the prize notification within that time period, Pixe Social shall choose an alternate winner from the pool of remaining eligible entries. Winners may be required to provide evidence of identity in connection with claiming the prize.
As account holders to Facebook, Twitter, and Instagram, Entrants are subjected to any and all policy and Terms of Use of Facebook, Twitter, and Instagram with or without notice from Pixe Social, including Facebook, Twitter, and Instagram privacy settings and public viewing policies.
Photos must be submitted and posted to Facebook to be considered eligible. In accordance with these policies, most likes is determined via Facebook, by the number of likes and includes likes on any shared photos. Photos that are shared to profiles with privacy settings may not provide public view to the number of likes on said posts that are shared. However as administer of the photo contest, Pixe Social is able to accurately calculate total number of likes, including from shared photos to private profiles. This number may or may not be available for public view. Please see Facebook for further explanation: https://www.facebook.com/help/383440231709427/.
At our discretion, Pixe is under no obligation to announce the total number of likes of any eligible photo entered for privacy reasons.
In the event of a dispute over the identity of the selected Entrant, the Entrant will be deemed to be the Authorized Account Holder of the email address. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet service provider, online service provider, or other organization (e.g., business, educational institution, etc.), that is responsible for assigning email addresses for the domain associated with the submitted email address.
Pixe Social is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to deliver the notification to winners or delivery of the prize. By accepting and/or using the prize, the Winner gives the Pixe Social and Pixe Social’s associated clients of the Photo Contest the rights to use the Winner's name, voice, and/or likeness for the purpose of advertising, trade, or promotion without further compensation worldwide in perpetuity and in any form of media including the Internet, unless prohibited by law.
6. Photos
Submission of an entry constitutes Entrant's consent and agreement that the photo is the Entrant's original work. Submission of an entry constitutes Entrant's agreement with the Contest’s Terms and Conditions. Photos that are violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive will not be permitted. Pixe Social shall have absolute discretion in determining which photos are to be permitted for inclusion in the Contest.
7. Prizes
The Winner will receive a prize as detailed in the Photo Contest delivered to the address given by Winner upon notification. No cash or other substitution, assignment or transfer of prize or prize component is permitted, except by Pixe Social, who reserves the right to substitute a prize or prize component with another of comparable or greater value. All taxes and other fees (if any) not expressly stated in the prize description, are the sole responsibility of the winners. The odds of winning depend on the number of eligible Entrants and photos received.
8. Publicity and Privacy
Accessing Pixe Encore Services and sharing photos via Facebook constitutes consent and agreement by the Entrant and any person that is recognizable from the photo(s) to a royalty-free, world-wide, perpetual, non-exclusive license for Pixe Social and Pixe Social Clients and/or Resellers to use, display, distribute, reproduce and create derivative works of the photo(s) or portions of the photo(s) whether or not combined with other images, text and graphics, and cropped, altered or modified, on the Website and/or potentially other places with or without the Entrants name (e.g. a photographer credit), for editorial, advertising, publicity, marketing and promotional purposes, without further compensation except where this is prohibited by law. Information collected from Entrants is subject to Pixe Social’s website terms and conditions available on: http://www.pixesocial.com/Public/Content.aspx?ID=29.
Neither Pixe, nor its affiliates, clients, resellers, its/their directors, officers, employees or agents, as well as Facebook, Twitter, and Instagram, shall be liable for any errors in attribution.
Entrants are subjected to any and all policy and Terms of Use of Facebook, Twitter, and Instagram with or without notice from Pixe Social, including Facebook, Twitter, and Instagram privacy settings and public viewing policies if and when photos are shared to these said social media platforms.
- Photos posted directly to Your Facebook page and/or the Brand’s Facebook page is subject to the terms and conditions of Facebook, as stated here: https://www.facebook.com/legal/terms.
- Photos posted directly to Your Twitter page and/or the Brand’s Twitter page is subject to the terms of service of Twitter, as stated here: https://twitter.com/tos?PHPSESSID=57a411f70b1964a2bc78b82638ba1843.
- Photos posted directly to Your Instagram page and/or the Brand’s Instagram page is subject to the terms of service of Instagram, as stated here: https://help.instagram.com/478745558852511.
9. General
Pixe Social is not responsible for incorrect emails, interrupted or unavailable network, server, or other connections; scrambled transmissions or other errors or problems of any kind whether mechanical, human, or electronic, technical malfunctions or the computer hardware, software, or any combination thereof; or problems associated with any virus or any other damage caused to Entrants' systems.
Pixe Social reserves the right to modify, suspend or terminate the Contest for any reason, including in the event that it becomes infected by a computer virus or is otherwise technically impaired or if the Contest cannot be conducted as planned by causes beyond the control of Pixe Social. In the event of early termination, Entrants will be notified via email.
Any attempt by an Entrant to deliberately damage or undermine the legitimate operation of the Contest may be in violation of criminal and civil laws and will result in disqualification of such Entrant. Should such an attempt be made, Pixe Social reserves the right to seek remedies and damages (including attorney's fees) from any such Entrant to the fullest extent permitted by law.
10. Viruses
The Entrant agrees not to upload, post or transmit any materials which contain any computer viruses, works, Trojan horses or other harmful component or programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
11. Liability and Law
By accessing Pixe Social Services and sharing photos via Pixe Encore to Facebook, Twitter, and/or Instagram and thus entering in the Contest, the Entrant agrees to be bound by these Contest terms and conditions. The Entrant agrees to release Pixe Social, Pixe Social Client’s, Resellers, Facebook, Twitter, Instagram, Pixe Social’s affiliates, and its/their directors, officers, employees and agents from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize. The Entrant hereby waives all rights to claim 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. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to the Entrant.
The Contest is governed by the internal laws of the State of Maryland, United States of America, without regard to or application of its conflict of laws rules. The exclusive venue and jurisdiction for any action arising out of or relating to the Contest shall be in the state or federal courts of Howard County, Maryland, United States of America.
Entrant may later revoke consent to these promotional purposes at any time emailing Pixe Social at pixesupport@pixesocial.com, or by writing to Pixe LLC., Attention: Pixe Encore Photo Contest, 10320 Little Patuxent Parkway, Suite 400, Columbia, MD 21044, USA.