Smart Photo Contest Prize Release Form
Declaration of Compliance & Liability Waiver
By checking the box on the Google Form you agree to the terms here.
I agree that I did not have to purchase a product or service to enter this Contest.
I acknowledge that I meet the eligibility requirement:
The Smart Photo 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, officers, and directors of OM Media Group, Inc (“Producer”), Verizon Wireless and Samsung (“Sponsors”) and any of their parents, subsidiaries, affiliated companies, distributors, advertising and promotion agencies (“Affiliates”), their respective employees, officers, directors, and agents, and those associated with the development, distribution or implementation of this Contest, as well as their immediate families (spouse, parents, siblings and children) and household members of each such employee are not eligible to enter or win. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.
Participation in this Contest constitutes your full and unconditional agreement to these Official Rules and Producer’s decisions, which are final and binding in all matters related to this Contest. You agree to the following:
1) I am the authorized user and holder of the Instagram account used to submit an entry to this Contest (a “Submission”).
2) I grant the Producer and Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes.
3) Prizes are non-transferable, and no substitution will be made except as provided herein at the Producer’s sole discretion. I am responsible for all taxes and fees associated with prize receipt and/or use. Limit: One (1) prize per person. (
Prize Winner is not required to activate any wireless calling/data plan to redeem use of prize.)
4) By receipt of any prize, I agree to release and hold harmless the Producer, Sponsor, Instagram, Facebook, and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against 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.
5) Acceptance of any prize constitutes and signifies my agreement and consent that Producer, Sponsor and its designees may use my 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 devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
6) I agree to abide by all IRS, Federal and State regulations and I have attached my completed and signed W9 form to this document.
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 the Official Rules of this or any other promotion 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, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Limitations of Liability:
Neither Producer, Sponsor nor Released Parties are 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.
All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, or the rights and obligations of the entrant and Producer and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York.
© 2020 OM Media Group, Inc. All rights reserved.
THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY INSTAGRAM, FACEBOOK OR ANY OTHER THIRD PARTY UNLESS SO DESIGNATED. INFORMATION IS BEING PROVIDED SOLEY TO SOCIAL INFLUENCER AND SPONSORS IN ACCORDANCE WITH THESE OFFICIAL RULES.