Give us your best shot!
The sponsor of the 2011 Unilock Life Select Photo Contest is Unilock Ltd. ("Unilock"). For the purposes of the 2011 Unilock Life Select Photo Contest (the "Contest"), Unilock may be contacted at: 2011 Unilock Life Select Photo Contest, 401 The West Mall, Suite 610, Toronto, ON M9C 5J5, Canada. The Contest is administered by Strutta.com Media Inc. (the "Administrator").
The Contest begins May 15, 2011 at 9:00:00 a.m. Eastern Time ("ET") and ends October 31, 2011, at 9:00:00 a.m. ET) (the "Contest Term"). Information on how to enter and a description of the Prizes (as defined in the "CONTEST PRIZES" section below) form part of these official rules ("Official Rules"). By submitting an entry (an "Entry"), each entrant ("Entrant") agrees to be bound by the Official Rules and acknowledges that such Entrant is responsible for complying with these Official Rules. By submitting an Entry, each Entrant represents and warrants that his or her Entry complies with all requirements set out in the Official Rules. This is a contest based on skill as such skill is determined by popular opinion (or by Unilock in the possible case of a tie) and there is no element of chance whatsoever in the determination of winners.
The Contest is open only to individuals who have reached the age of majority in their jurisdiction of residence at the time of entry and who reside in Canada or the US. None of the following individuals ("Non-eligible Persons") may enter: (a) employees of Unilock; (b) dealers or resellers of any Unilock product; (c) employees, shareholders, officers, or directors of any dealer or reseller of any Unilock product; (d) employees officers or directors of the Administrator; or (e) immediate family members (including any spouse, parent, child, or sibling and their respective spouses) or persons living in the same household (whether or not related) of any individual described in clauses (a) through (d) above. Submission of an Entry constitutes full and unconditional agreement to, and acceptance of the Official Rules by the Entrant.
This contest is not open to residents of the Province of Quebec, the States of Arizona, Colorado, Maryland, Tennessee and, and any other jurisdiction where this contest or any aspect of it are prohibited or restricted by law (the "Closed Jurisdictions"). Any Entry which is submitted by any person residing in any Closed Jurisdiction, on a full time or part time basis, or which depict an installation located in any Closed Jurisdiction, in both cases as determined by Unilock in its sole and absolute discretion, will be rejected without further notice, and no further entries from that person will be accepted.
Each Entry consists of a photograph which complies with these Official Rules ("Photo") and an electronic entry form. Refer to the section entitled "PHOTO REQUIREMENTS" below for greater detail.
To enter, Entrants must login to www.UnilockLife.com (the "Hosting Site") with a valid account created on the Hosting Site, or using the Entrant’s personal valid Facebook account, and complete an entry form with the required information, including Entrant’s name, address, telephone number, email address and submit together with the Photo to be entered. The Entry form includes a declaration that the Entrant has obtained all applicable releases and permissions. To create an account or login to enter the contest, visit www.UnilockLife.com.
Except as otherwise provided in these Official Rules, there is no limit on the number of Entries each Entrant may submit. Each Entry must comply with the provisions of the section entitled "PHOTO REQUIREMENTS" which are outlined below. If a submission does not comply, such submission will be excluded from the Contest and every effort will be made to remove any such non-compliant submission from the website. Unilock’s determination to exclude an Entry is final. Excluded Entries may not be removed from the Hosting Site promptly or at all; notwithstanding this, excluded Entries will not be eligible to receive votes or to win the Contest, and Unilock assumes no liability to any person related to non-removal of an excluded Entry from the Hosting Site.
The Entries will be judged by public opinion, as described below. Entries may be submitted beginning May 15, 2011 at 9:00:00 a.m. ET; all entries must be submitted and received by October 31, 2011 at 9:00:00 a.m. ET. Proof of submission to the Hosting Site is not proof of receipt or of successful submission of an Entry. Unilock accepts no liability for Entries which are not received or displayed on the Hosting Site or which are received or displayed on the Hosting Site in damaged, altered, or incomplete form. Entries must be made by the authorized account holder of the email address submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an email 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 email addresses for the domain associated with the submitted email address.
If the Entry contains any material or elements that are not owned by Entrant and/or are subject to any rights of any third parties, Entrant is responsible for obtaining any and all releases and consents in writing necessary to permit the use and exhibition of the Entry by Unilock in the manner set forth in these Official Rules, including, without limitation, name and likeness releases for any person who appears in or is identifiable in the Entry, prior to submission of the Entry.
An Entry may be deleted at any time by deleting the submitted Photo from the Hosting Site. Personal information provided by an Entrant who deletes an Entry will handled by the Administrator and Unilock as described in the DATA PRIVACY section of these Official Rules.
By entering this Contest, each Entrant agrees that: (a) Unilock, the Administrator, and their respective licensees, successors and assigns will have the right to use all or a part of any Entry, and any personal information provided by the Entrant, including names, likenesses, photographs, and images of all persons appearing in any Photo, anywhere in the world and in perpetuity, for future advertising, trade, promotion and publicity in any manner and in any medium now known or hereafter devised throughout the world in perpetuity, without compensation and without notice to the Entrant or any person appearing in any Photo, without consideration, review or approval from the Entrant or any person appearing in any Photo; (b) the Entrant will not now nor in the future be paid for any Entry or for granting Unilock any of the rights set out in these Official Rules; and (c) entered Photos will be posted on the Internet and will be subject to online public voting and comment.
Each Photo must depict a finished commercial or residential hardscape installation which includes Unilock Select Product. The following are "Unilock Select Products": Belpasso®, Copthorne®, Courstone®, Il Campo®, Northshore™, Richcliff®, Series 3000®, Umbriano®, Unigranite®/Granite Stone®, Yorkstone™, Rivenstone™, City Park Paver™.
Each Photo must comply with all terms of service and other requirements or specifications for user uploads of the Hosting Site and www.facebook.com, as such terms, requirements and specifications may be posted from time to time on the Hosting Site or www.facebook.com.
All Photos must be in digital format. Only online entries will be eligible. The Photo need not be taken with a digital camera; scans or digitizations of transparencies or photographic prints are acceptable provided that each Photo complies with all requirements of the Official Rules. All digital files must be 5 megabytes or smaller, must be in JPEG format, and must be at least 1,600 pixels wide (if a horizontal image) or 1,600 pixels tall (if a vertical image).
Minor burning, dodging and/or color correction is acceptable. Hand tinting is acceptable, as is cropping. High dynamic range images (HDR) and stitched panoramas are acceptable only if the combined parts are all made around the same time. Any changes to the original Photo not itemized here are unacceptable and will render the Photo ineligible for a prize. Unilock’s determination that a Photo has been subjected to impermissible changes shall be made in Unilock’s sole and absolute discretion, and is final.
Each Photo must have been taken within two years before the date of the submission of the Entry and may not previously have won an award in any contest operated or promoted by Unilock or any affiliate of Unilock.
Each Photo must be in its entirety a single work of original material created by the Entrant. Photos that include the creative work of others, such as sculptures, photographs, statues, paintings, and other works of art, will be accepted as long as their depiction in the Photo does not constitute copyright infringement or fraud. Each Entrant must be prepared to provide a release form for the use of the creative work of others as described below in the "RELEASES" section. When a Photo includes the creative work of others, such work must be depicted as an object in its environment and not as a central object or focus of such Photo.
Photos may not depict any hardscape installation owned by or installed on premises owned, leased or occupied by any Non-eligible Person, and such Photos shall be excluded from the Contest.
No Photo may contain or may constitute obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content ("Objectionable Content"). Photos must not depict Unilock any of its affiliates, any Unilock Select Products, or any other product manufactured or sold by Unilock in a negative light ("Disparaging Content"). Any Photo which is determined by Unilock to contain Objectionable Content or Disparaging Content shall be excluded from the Contest. Unilock shall determine whether a Photo contains or constitutes Objectionable Content or Disparaging Content in Unilock’s sole, absolute and final discretion.
Each Entrant represents and warrants to Unilock, its affiliates and its advertising sponsors that: (a) he/she has reached the age of majority as defined in the laws of the jurisdiction where he/she resides; (b) he/she is not a full-time or part-time resident of any Closed Jurisdiction; (c) he/she has all of the rights and authority necessary to submit each entered Photo in compliance with these Official Rules (and to have such Photo published), including without limitation all copyright, and trademark rights, moral rights, rights of privacy and publicity or other intellectual property rights, (d) he/she has obtained all of the applicable releases required by these Official Rules (as described in the section entitled "RELEASES" below) with respect to each entered Photo, without claim for payment of any kind; (e) the publication of each entered Photo will not infringe on the rights of any third party, and no other person or entity has any right, title, claim, or interest in or to the entered Photo; (f) each entered Photo is an original work created solely by the Entrant and has not been digitally, or otherwise, altered in a manner which is not permitted under these Official Rules.
The Entrant is wholly responsible for obtaining all rights, licenses, permissions and consents necessary to submit the Photo to the Contest, and to grant all of the rights granted to Unilock under these Contest Rules.
The Entrant must ensure that all persons who appear or whose real or personal property or creative works appear in the Photo in any manner, or have contributed to the Photo or the Entry in any way have: (a) given the Entrant their written permission to submit the Photo without claims for payment of any kind; and (b) have provided written permission to include the name, likenesses, image or pictures of themselves, their work or their property in or with the Entry (or if a minor who is not a child of the Entrant, permission of their parent or legal guardian must be obtained). Unilock may, but shall not be obliged to, require Entrants to provide copies of such permission prior to the award of the Grand Prize (as such term is defined below).
For greater clarity, the Entrant must obtain the permission of any landscape designer who has designed any part of a hardscape installation depicted in a Photo, and any professional installer who has installed any part of a hardscape installation depicted in a Photo.
Each Entrant is solely responsible for obtaining and ensuring the adequacy of all releases and permissions which may be required in connection with a submitted Photo. Unilock shall not be responsible for any releases or permissions which have not been obtained or which are not adequate or enforceable, nor shall Unilock have any responsibility for verifying or ensuring that any release or permission has been obtained.
The Contest consists of 1 round of evaluation via public online vote ("Voting"). Voting will begin on September 1, 2011 at 9:00:00 a.m. ET and end on November 1, 2011, at 9:00:00 a.m. ET. Voting is open to any person anywhere in the world with an active account on the Hosting Site or an active Facebook account. Voters will be able to vote for as many Photos as they like, but they may not vote more than once for any one Photo. The Entrant that submits the Photo receiving the most valid votes during the Contest Term will be declared the winner.
Unilock has the right, in its sole discretion, to maintain the integrity of the Contest, including the right to void votes or suspend the Contest, for reasons including but not limited to the following: (a) multiple votes from the same user from different IP addresses or from different email addresses; (b) fraudulent entry votes (using a redirect link, a disguised link, a fraudulent link, etc.); (c) technical malfunction of servers or internet connection; (d) user(s) recanting their own votes; (e) technical or content upgrades that render votes incompatible or inconsistent; and (f) inappropriate conduct in promoting votes (spam, harassment, etc.).
The results of Voting will be tabulated and the Photo with the most votes confirmed at 11:00:00 a.m. ET on November 1, 2011. In the event of a tie between winning Photos following Voting, the tied Entries will be posted for a re-judging via a second round of online voting between the tied Entries alone, which will take place beginning November 3, 2011 at 9:00:00 a.m. ET and ending November 9, 2011, at 9:00:00 a.m. ET. The results of the second round voting (if applicable) will then tabulated and the Photo that receives the most votes in the second round (if applicable) will be confirmed at 11:00:00 a.m. ET on November 10, 2011. In the event that a tie remains after re-judging, a panel of three corporate officers of Unilock, acting in their sole and absolute aesthetic discretion, will choose the best Photo at 2:00:00 p.m. ET on November 14, 2011.
The First Place winner will receive a cheque for $15,000 USD (the "Grand Prize"). If an installer has been identified in the Entry, the installer who installed the Unilock Select Product depicted in the winning Photo (or, if more than one installer installed such Unilock Select Product, the installer who installed the largest portion of Unilock Select Product) will receive a cheque for $5,000 USD (the "Installer Prize" and together with the Grand Prize, the "Prizes" and each a "Prize"). The likelihood of an Entrant winning the Grand Prize is dependent on a number of factors, including but not limited to: (i) the number of Entries received during the Contest Term; (ii) the number of votes cast for the Entries during the Contest Term; (iii) the date a particular Entry was submitted relative to the course of the Contest Term; and (iv) the quality of the Photo submitted with the relevant Entry. All Entries submitted before the commencement of Voting on September 1, 2011 will be open for Voting for the same amount of time; after September 1, 2011, the later an Entry is submitted, the less time it will be displayed on the Hosting Site and the less time it will have to accumulate votes. Unilock has no statistics regarding the number of entries submitted or the number of votes cast in prior similar contest promotions. Unilock is not responsible for any providing any estimation of the minimum or maximum number of possible Entries which may be submitted or votes which may be cast in this Contest.
The Entrant whose Photo has received the most votes will be notified by Unilock via email (a "Winner Notification") on 15 November 2011. The Winner Notification will include documents which potential winners shall be required to sign and return before 30 November 2011 (the "Winner Documentation"). These will include, without limitation: (i) an Affidavit regarding the Entry, the Photo, and the required releases and permissions, (ii) a Certificate of Eligibility, (iii) a Liability Release, and (iv) where legally permissible, a Publicity Release and Warranty of Ownership and License in which the Entrant warrants that he or she is the owner of the Photo (and all the intellectual property rights which may be contained within the submitted Photo) and grants to Unilock and its licensees the irrevocable, perpetual, worldwide non-exclusive license to reproduce, distribute, display, and create derivative works of the entry (along with a name credit referencing the Entrant) in connection with the Contest and with the promotion of the Contest without additional compensation. In addition, the prospective winner of the Grand Prize will be required to submit all necessary releases and permissions relating to the Photo before the Grand Prize is awarded. If the prospective winner does not return all the required documents to Unilock by the specified deadline, the Entry may, in Unilock’s sole and absolute discretion, be disqualified from the Contest and have no further right or claim to the Grand Prize. If the prospective Winner is disqualified, the Unilock may, in its sole discretion, award the Grand Prize to the Entrant whose Photo finished second in the Contest.
If the Grand Prize is awarded, the Installer Prize will be awarded to the installer, if any, who installed the Unilock Select Product depicted in the Photo to which the Grand Prize is awarded, if any. If the Grand Prize is not awarded, the Installer Prize will be awarded to the installer, if any, who installed the Unilock Select Product depicted in the Photo which received the largest number of Votes. If in either of these circumstances no installer installed the depicted Unilock Select Product, the Installer Prize will not be awarded.
All decisions of Unilock in selecting the winners of any Prize are final and binding on all Entrants in all matters relating to the Contest.
No transfer, assignment, or substitution of any Prize by any winner is permitted. FAILURE BY AN ENTRANT TO RETURN THE WINNER DOCUMENTATION OR RETURN OF WINNER NOTIFICATION AS UNDELIVERABLE, WHETHER BY REGULAR MAIL OR BY EMAIL, MAY RESULT IN DISQUALIFICATION FROM THE CONTEST.
By entering the Contest, all Entrants grant an irrevocable, perpetual, worldwide non-exclusive license to Unilock and any of its agents or affiliates (Unilock, together with its agents and affiliates, the "Authorized Parties" and each an "Authorized Party"), to reproduce, distribute, display and create derivative works of any entered Photo, in any media now or hereafter known, including, but not limited to: (i) display at a potential exhibition of winners; (ii) publication in a magazine or other form of printed material; or (iii) publication online. By entering the Contest, each Entrant consents to the Authorized Parties doing or omitting to do any act that would otherwise infringe upon such Entrant’s "moral rights" in a Photo entered by them. Display or publication of any Photo by an Authorized Party in any form does not indicate the Entrant will win the Grand Prize or that the Entrant’s chances winning the Grand Prize have improved. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use. Additionally, by entering, each Entrant grants to the Authorized Parties the unrestricted right to use all statements made in connection with the Contest, and pictures or likenesses of all Entrants, or choose not to do so, at their sole discretion. The Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use.
By entering this Contest, all Entrants agree to release, discharge, and hold harmless Unilock 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, including any claim of any kind relating to this Contest by an installer who has installed a hardscape depicted in a Photo.
Unilock assumes no responsibility for any: (i) error, omission, interruption, deletion, defect, or delay in operation or transmission; (ii) communications line failure; (iii) theft or destruction of or unauthorized access to Contest Entries or entry forms; or (iv) alteration of Entries or entry forms. Unilock 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 email 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. By entering the Contest, Entrant agrees that this Contest shall be subject to and governed by the laws of the Province of Ontario, Canada and the federal laws of Canada applicable in Ontario and the forum for any dispute shall be in the Province of Ontario, Canada. 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 on connection with this Contest are hereby excluded and any Entrant expressly waives any and all such rights. Certain restrictions may apply. Each Entrant is solely responsible for compliance with these Official Rules. An Entry will be void if Unilock determines the Photo to not be an original, or if such Entry is illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error, obtained through fraud or theft, or contravenes these Official Rules in any respect.
The maximum cost for entry into the Contest which is payable to Unilock is zero. This estimate does not include the cost an Entrant may need to incur to purchase the equipment, goods or services necessary to create one or more Photos, to transmit one or more Photos to Unilock or to undertake the other activities necessary to participate in the Contest. Unilock cannot provide any meaningful estimate of the costs described in the previous sentence.
By entering, Entrants also agree: (a) that the public announcement of the winners of the Prizes represent the final and binding conclusion of the Contest and that the decisions of Unilock with respect to all other matters regarding the Contest are final and binding; and (b) Unilock may use the Photo submitted and may use the name, media, likeness, and/or voice of each person who submits one or more Entries in the Contest in any publicity or advertising relating to the Contest or future promotions without compensation or approval (except where prohibited by law). All federal, state/provincial/territorial, and local taxes, fees and surcharges (including without limitation income, sales, and import taxes) on Prizes are the sole responsibility of the Prize winners. In the event that any selected winner of any Prize: (i) is ineligible, (ii) cannot be traced; (iii) does not respond within thirty (30) days to a transmission of a Winner Notification; or (iv) refuses the Prize, the Prize will be forfeited and Unilock may, in its sole discretion, choose whether to award the Prize to another Entrant.
Unilock 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 Unilock to enforce any of its rights at any stage does not constitute a waiver of those rights.
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 Unilock that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Unilock 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 Unilock elects to cancel or terminate the Contest, Unilock will not retain any rights in any submitted Photos.
Winners' names will be published online at www.UnilockLife.com on after the requirements of the section entitled "Contest Prizes" have been complied with, and the Prizes awarded, but in any event no later than December 31, 2011. Alternatively, to request the names of winners, a person must send a self-addressed, stamped envelope to Unilock at the address listed at the beginning of these Official Rules. (section amended 16 November 2011)
Each Entrant has the right to access, review, rectify, or remove any personal information, specific to such Entrant, by contacting Unilock or the Administrator. Personal Data will be used by Unilock and its affiliates exclusively for the purposes stated herein.
By registering for the Contest, Entrants agree: (i) to accept e-mail and direct mail marketing messages from Unilock and its advertising affiliates; and (ii) that such act constitutes an inquiry and/or application for purposes of applicable federal, state and provincial telemarketing laws, and therefore, Unilock has the right to contact you by telephone for marketing purposes.