OMM Smartphoto Contest 2021

Official Rules

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Eligibility: The OMM Smartphoto Contest (the “Contest”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees and officers of OM Media Group, Inc. (“Producer”) and Sponsor (“Sponsor”) and each of their respective subsidiaries, affiliated companies, agents, distributors, advertising and marketing agencies and those associated with the development, management and administration of the Contest, as well as those individuals’ immediate families and household members, are not eligible to enter the Contest or win any prize. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.

2. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Producer’s decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.

3. Contest Period: The Contest begins on June 1, 2021 at 12:00 p.m. ET, ends on June 18, 2021 at 7:00 pm ET (the “Contest Period”). Producer’s computer is the official time-keeping device for the Contest.

4. How to Enter: Entrants must have an Instagram account to participate in the Contest. Posting on Instagram may require a mobile device and therefore data usage may apply. Please consult your wireless service provider regarding data usage pricing.

The Contest has two (2) categories for submissions: (1) Still Photo Image, and (2) Short Video (no more than thirty seconds). Images and video must be taken with a smartphone camera and posted to the entrant’s Instagram newsfeed. General themes for submissions include:

  • Theme 1: Outdoors in Nature. Shoot your favorite hiking trail or other favorite outdoor activities. Use hashtag: #outdoors
  • Theme 2: Creative Framing. Use a mirror, empty picture frame, wooden sticks or any other form to make your shots more dynamic. Use hashtag #creativeframing
  • Theme 3: Zoom. Show the power of your smartphone zoom feature and capture something up close and personal. Use hashtag: #zoom
  • Theme 4: Portrait Yellow. A great color for Summer. Capture yourself, your friends or a model in a yellow color or setting. Use hashtag #PortraitYellow
  • Theme 5: Slow motion. Find something interesting to film, activities, nature, people. Use hashtag: #slowmotion
  • Theme 6: Urban Captures. Every city in America has a unique space that captures the imagination of creative minds. Share street art, cityscapes that inspire you. Use hashtag: #urbancaptures

Each submission caption must include the #Smartphonecontest hashtag AND its individual category hashtag (#creativeframing, #slowmotion, #zoom, #outdoors, #portraityellow, #urbancaptures or #myvideo) to be eligible. No additional hashtags should be included in the caption or description.

Additional hashtags not affiliated with a brand may be added to a comment section of the entry.

Multiple submissions are allowed.

Submissions need not include any reference – positive or negative – to Sponsor’s products or services. By uploading a submission, entrant agrees that it conforms to the guidelines, permissions, and content restrictions included in these Official Rules. Producer has complete discretion to disqualify a submission if Producer believes it fails to conform to these Rules.

Submission Guidelines:

  • The Submission must be in a format acceptable to Instagram;
  • The Submission must be captured using a smartphone camera;
  • The Submission must have been created within the last six months; and
  • The Submission’s description, if any, must be in English.

Permissions: Entrant must have permission from any recognizable individuals who appear in the Submission to use their names and likenesses in the Submission and to grant the rights set forth herein. Minors may only be included in the Submission if entrant is their parent or legal guardian. If requested, entrant must be able to provide such permissions or proof in a form acceptable to Sponsor.

Content Restrictions:

  • The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement
  • The Submission must not contain content created by a third party, such as images or artwork;
  • The Submission must not contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use in his/her Submission in this Contest;
  • The Submission must not disparage Producer/Administrator, Sponsor or any other person or party;
  • The Submission must not contain material that is inappropriate, offensive, divisive, indecent, obscene, tortious, defamatory, slanderous or libelous;
  • The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; and
  • The Submission must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any state where Submission is created.

Limit: Each entrant’s submission(s) must be made with a smartphone camera.

5. Producer’s Use of Submissions Uploading a Submission constitutes entrant’s consent to give Producer and/or Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, print, create derivative works from, and display such submissions, in whole or in part, on a worldwide basis, and to incorporate a Submission into other works, in any form, media or technology now known or hereafter developed, including for promotional or marketing purposes. Entrant will sign any documentation that may be required for Producer or its designees to make use of the non-exclusive rights entrant is granting to use the Submission.

6. Winner Determination: At the conclusion of the Contest Period, a panel of qualified judges appointed by Producer in its sole discretion will select 8 (eight) potential winners in each of the two categories based on the following judging criteria:

  • Creativity/Originality
  • Quality of Submission
  • Fit to Contest Theme

Producer will not disclose individual scores of any Submission, including the potential winners.

7. Winner Requirements: Potential winners will be notified by the Producer via direct message beginning June 24, 2021. Each potential winner will be required to provide their contact information (which will be shared with Sponsor for administrative purposes), sign and return a Declaration of Compliance, Liability Waiver and, where not prohibited, a Publicity Release (the “Documents”), which must be received by Producer within five (5) days of the date notice or attempted notice is sent, in order for the potential winner to claim his/her prize. If a potential winner cannot be contacted, fails to execute and return any of the Documents or provide any other requested information within the required time period, the potential winner will become ineligible and will be replaced by the next highest scoring entrant in that category.

8. Category Prizes

Confirmed winners will be awarded prizes as follows:

Themes 1 – 7 – One $500.00 winner per category – total price value: $3,500
Prizes are non-transferable and no substitutions will be allowed. Confirmed winners are responsible for all taxes and costs associated with prize receipts and use of any equipment awarded.

9. Release: By accepting receipt of a prize, each confirmed winner agrees to release and hold harmless Producer and Sponsor and their respective subsidiaries, affiliates, suppliers, distributors, advertising/marketing agencies, equipment manufacturers, and each of such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.

10. Publicity: Acceptance of any prize shall constitute and signify each confirmed winner’s agreement and consent that Producer and its designees may use the winner’s name, city, state, likeness, photo, Submission, and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter developed, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.

11. Ownership of Submission: Each confirmed winner shall irrevocably grant, transfer, convey and assign to Producer the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity, including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis. Each final winner accepts and acknowledges that Producer shall not be obligated to use the Submission and that Producer in its sole discretion shall have the right to refrain from using the Submission. Producer shall not incur any liability whatsoever to the extent Producer or Sponsor choose to refrain from any exploitation of its rights hereunder. Each confirmed winner will indemnify Producer, Sponsor, Released Parties, and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.

12. General Conditions: Producer reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest, as determined by Producer in its sole discretion. If terminated, Producer may, in its sole discretion, determine the potential winners from among all non-suspect, eligible Submissions received up to the time of such action using the judging procedure outlined above. Producer, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Producer reserves the right to seek damages and other remedies (including attorney fees) from any such person to the fullest extent permitted by law. Producer’s failure to enforce any single provision of these Official Rules shall not constitute a waiver of that provision.

13. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third-party use of any Submission.

14. Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York.

15. Entrant’s Personal Information: Information collected from entrant is subject to Producer’s Privacy Policy.

16. Winner List: Individuals may request the names of final winners by sending a self-addressed, stamped envelope by August 1, 2021 to: The OMM Smartphoto Contest, c/o OM Media Group, Inc., 575 Fifth Avenue, New York, NY 10017.

2021 OM Media Group, Inc. All rights reserved.