1. Sponsor: Florida State Florists' Association (“Sponsor”).
2. Entry Period: The Sunlighting Cover Photo Contest (“Promotion”) begins at 2:00 p.m. Pacific Time on March 23, 2019 and ends at 11:59 p.m. Pacific Time on April 19, 2019 (“Entry Period”).
3. Eligibility: Entrants must be, as of the date of entry, (A) a member in good standing with Florida State Florists' Association (B) age 13 or over, and entry constitutes entrant’s full and unconditional agreement to these official rules (“Official Rules”) and to Sponsor’s decisions; the decisions of Sponsor in regards to all matters related to this Promotion are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules.
4. How to Enter; Entry Requirements:
A. During the Entry Period, entrant must submit to Sponsor via email to
a photo taken of a brides' bouquet designed by the entrant. Photo must be sent in JPEG or PDF form.
B. Submit a signed model release (“Model Release”) with you entry.
C. A Model Release may be in the form of an email from the bride and photographer. It the release must read as follows:
I, (Name)________________________ hereby release the rights of my photograph to Florida State Florists' Association (FSFA) for publication in Sunlighting Florida Florist Magazine. I understand there is no monetary compensation for the release of this photo; Photo credit must be given and published in Sunlighting.
D. By entering the Promotion, you agree to defend and indemnify Sponsor, upon demand, against any and all claims (including, but not limited to, reasonable attorneys’ fees) arising out of any Model Release associated with any entry you submit (including, but not limited to, claims arising out of forged signatures and/or the failure of entrant to obtain a signed Model Release from an individual appearing in the photo).
E. Entries must be received during the Entry Period. Limit 1 entry per member of FSFA. Proof of submission of entry does not constitute proof of delivery of entry during the Entry Period. All entries become the property of Sponsor and will not be returned or acknowledged.
F. All entries must (i) be in keeping with Sponsor’s image; (ii) not be obscene, indecent or otherwise offensive (as determined by Sponsor in its sole discretion); (iii) not defame or invade the publicity or privacy rights of any person, living or deceased; (iv) not infringe, violate or misappropriate any person’s or entity’s personal or proprietary rights (including copyrights, trademarks or other intellectual property rights); (v) not contain (a) any words, statements or images considered offensive to individuals of any age, race, ethnicity, national origin, religion, sexual orientation or other protected class, or who are disabled, (b) any threats to any person, place, business, group or entity, (c) materials that promote bigotry, racism, hatred or harm against any group or individual or promote discrimination based on age, race, ethnicity, national origin, religion, sexual orientation or other protected class, or disability, (d) any materials that depict illegal acts or are sexually explicit, libelous, obscene, violent, hateful or slanderous or (e) content not in keeping with Sponsor’s reputation and image; and (vi) not be owned by a third-party or be subject to any restriction or right that would in any way limit Sponsor’s right to use the entry as permitted under these Official Rules (collectively “Content Requirements”). Failure to comply with these Content Requirements, as determined by Sponsor in its sole discretion, is grounds for an automatic disqualification from the Promotion.
G. By entering the Promotion, entrant grants to Sponsor (and its licensees and assigns) a royalty- free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from and display his/her entry, in whole or in part, and otherwise exploit the entry in all media now known or hereafter devised, throughout the universe, in any way Sponsor sees fit, including (without limitation) entertainment, instruction/education, promotional, advertising and/or marketing purposes. In connection with all rights granted herein, Sponsor (and its licensees and assigns) shall also have the irrevocable right to incorporate the entry, in whole or in part, into other works, in any form, media or technology now known or hereafter developed. If necessary, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the entry. ENTRANT REPRESENTS AND WARRANTS THAT ENTRANT HAS OBTAINED ALL APPROPRIATE LICENSES AND/OR CONSENTS NECESSARY TO GRANT THE RIGHTS GRANTED TO SPONSOR HEREUNDER (INCLUDING WITHOUT LIMITATION ANY APPLICABLE MODEL RELEASES) AND WILL INDEMNIFY SPONSOR FOR ANY AND ALL CLAIMS ARISING FROM ENTRANT’S FAILURE TO DO SO.
All entries become the property of Sponsor and will not be returned or acknowledged. Entries generated by script, macro or other automated means or entries that do not fully comply with these Official Rules or which subvert the entry process, in the sole discretion of Sponsor, will not be eligible.
5. Selection and Notification of Winner:
A. One (1) Winner, will be selected on or around April 26, 2019, from among all eligible entries. A panel of judges, chosen by Sponsor, will select the winning the entry.
The winner will have the honor of having their brides bouquet photo published on the cover of Sunlighting Magazine
The Winner will be contacted by email and/or telephone. The Winner must meet all eligibility requirements, including the execution and return of any necessary releases and affidavits, in order to be confirmed as a winner. PUBLICATION OF YOUR PHOTO IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES.
7. General Conditions: Neither Sponsor nor its agents are responsible for lost, late, incomplete or misdirected entries or other errors of any kind, including (without limitation) incorrect or inaccurate capture of entry or other information or the failure to capture any such information. Neither Sponsor nor its agents are responsible for technical, hardware or software failures of any kind or other errors or problems which may occur in connection with or relating to the Promotion, whether human, computer, network, technical, mechanical, typographical, printing or otherwise, including (without limitation) errors or problems which may occur in connection with the administration of the Promotion, the processing or judging of entries or the announcement of the prizes or that may occur in any Promotion-related materials or limit prize fulfillment or a participant’s ability to enter the Promotion. Sponsor further assumes no liability for the cancellation, modification or premature conclusion of the Promotion for any reason or through the acts or defaults of any company or person providing any prize. All such losses or expenses must be borne by the affected participants, entrants and/or winners. Sponsor reserves the right, in its sole discretion, to suspend, cancel, modify or prematurely conclude the Promotion should any computer virus, malfunction, fraud, tampering, unauthorized intervention or other cause beyond its control corrupt the administration, security or proper operation of the Promotion or should any portion of the Promotion be compromised for any reason. By way of illustration and not limitation, Sponsor may at its sole discretion select winner from entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor in the event of such compromise or corruption. False or deceptive entries or acts will render the entrant ineligible, and Sponsor reserves the right to disqualify any entrant (and void his/her entry) who attempts to undermine the legitimate operation of the Promotion or violates these Official Rules.
Each entrant, by entering the Promotion, agrees (A) to release, indemnify and hold harmless Sponsor, its affiliates, parents, subsidiaries, advertising and promotion agencies and their respective past and present directors, officers, employees, representatives and agents from and for any liability for any injuries, losses or damages of any kind, to persons or property (including without limitation death; claims based on publicity rights, defamation or invasion of privacy; and any claims based on a violation of a third party’s intellectual property rights), resulting in whole or in part, directly or indirectly, from entrant’s participation in this Promotion or in any related activity or entrant’s acceptance, possession, use, misuse or nonuse of any prize, including without limitation entrant’s failure to comply with the Content Requirements and (B) if such entrant becomes a winner, by acceptance of a prize, except where legally prohibited, grants permission for Sponsor and those acting pursuant to its authority (and agrees to confirm such agreement in writing upon request) to use his/her name, photograph, likeness, voice and prize information for advertising, trade and promotional purposes without any further compensation, in all media now known or hereafter discovered, worldwide and on the Internet and/or World Wide Web, without notice, review or approval.
Entrants represent and warrant that neither their participation in this Promotion nor acceptance of any prize awarded herein shall be in violation of any federal, state or local law.
If a Potential Winner is determined to be ineligible or not in compliance with these Official Rules for any reason, such Potential Winner will be disqualified, the prize will be forfeited, and an alternate Potential Winner selected and notified.
Sponsor reserves the right to cancel the Promotion at any time and substitute another promotion in its place.
Failure by Sponsor to enforce any of its rights at any stage of the Promotion does not constitute a waiver of such rights.
8. Disputes: Each entrant agrees that (A) any and all disputes, claims and causes of action arising out of or in connection with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court within the State of Florida; (B) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (C) under no circumstances will an entrant be permitted to obtain awards for, and each participant hereby waives all rights to claim, punitive, incidental or consequential damages, any other damages other than 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 entrants and Sponsor in connection with the Promotion, shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Florida of these Official Rules.
9. Winner List: Winning entry along with winners’ names, will be posted on the Promotion Website on or around May 10, 2019 or as soon as the winner has been confirmed.