America’s Favorite Photos
Rekindling America’s Appreciation of Photography
Terms of Use

By utilizing the Resources in any way associated with this Website, you indicate your acceptance and agreement to these terms of use, regardless of their current form.

These Terms of Use outline the overarching guidelines that govern your usage and access to the Website, Competition software, Operator, and related social media pages. This includes any content or information you download or acquire through the utilization of the Website, forms, social media, press releases, and communications such as emails and text messages. Collectively, these elements are referred to as the "Resources."

The Resources are provided to you to be used and accessed at your own discretion and risk. 

You are fully responsible for complying with these Terms of Use and all applicable laws regarding the utilization of the Resources.

Unless otherwise expressly stated in these Terms of Use, the Resources, including all information and content provided on or accessed through the Website, are provided to you "as is" without any warranties or representations of any kind. Furthermore, to the maximum extent permitted by law, the Operator disclaims all warranties of any kind, whether expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, concerning the Resources, their contents, and any registrations or items listed or acquired through the Resources. The Operator does not guarantee uninterrupted or error-free functioning of the Resources, including any materials or content within. As such, you are responsible for any damage or loss that may result from your use of or access to the Resources. To the maximum extent permitted by law, the Operator shall not be held liable for the usage of the Resources, including any content and errors therein. This disclaimer is an integral part of these Terms. All information or advice, whether provided by the Operator directly, implicitly, orally, or in writing, obtained by you through the utilization of our provided Resources, shall NOT establish any warranty, guarantee, or conditions of any nature, unless explicitly stated in these Terms of Use. Operator shall not be held liable under any circumstances for any direct or indirect damages related to the availability or accuracy of the Resources or the information contained within them, the availability of the Competition or the functioning of the Website, the responsiveness of the Resources, or your utilization of the Resources or the information provided to you. Under no circumstances shall the Operator be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages. This includes, but is not limited to, lost profits, loss of goodwill, loss of reputation, cost of cover damages, or tangible or intangible losses of any kind arising from your use of the Website or Resources, your inability to use the Website or Resources, or the registration, voting, products, or services available through the Website or Resources, even if the Operator has been advised of the possibility of such damages. Furthermore, to the fullest extent permitted by law, the Operator will not be liable for any direct damages beyond out-of-pocket costs, attorneys' fees, or arbitration costs.

By accessing any images or external links on the Website or Resources, you acknowledge that you may come across content that could be deemed offensive, indecent, or objectionable. This content may or may not be explicitly identified as containing explicit images or language. Despite this, you agree to utilize the Website at your own risk, understanding that the Operator has provided images and external links solely for convenience purposes. The Operator shall not be held liable to you for any content that may be considered offensive, indecent, or objectionable.

The Competition is administered by the Operator from offices situated in the United States. Despite being, "America's Favorite Photographs", the Competition is accessible from various countries worldwide. Given that each country may have its own distinct laws which differ from those governing the Competition, by accessing the Website and/or engaging in any form of participation in the Competition, you consent to the application of the laws of Arizona, without regard to conflicts of laws principles and the United Nations Convention on the International Sale of Goods. These laws shall govern all aspects pertaining to the Competition, including but not limited to your role as an Entrant, Competitor, Voter, or Winner, the utilization of the Website, and your participation in the Competition, including activities conducted through this Website.

Content Policy: We reserve the right to reject, remove, or suspend any user account or entry at any time for any reason.

No Refund Policy: No purchase or payment of any kind is necessary to enter or win the Competition. No purchase or payment of any kind is necessary to register or vote in the Competition. However, should you choose to make a purchase or payment, it is considered final and no refunds will be provided. In the case of exceptional circumstances, special requests for refunds can be submitted to [email protected] for consideration.

Note that the sections on disclaimer of warranties, limitations of liability, governing law, waiver, and dispute resolution impose significant limitations on our liability and establish our agreement to arbitrate, following the laws of Arizona exclusively.

Socialmark, LLC, an Arizona limited liability company, administers (the "Website") and the operation of the Competition. Socialmark, LLC (the "Operator") expressly clarifies that it is not recognized as a charitable organization under section 501(c)(3) of the Internal Revenue Code. Any contributions made through the Operator's website are not eligible for a tax deduction. The Operator can be reached at [email protected] or [email protected].

These Terms of Use, along with the Rules, and Privacy Policy, constitute the comprehensive agreement governing your usage of the Website and any participation by you as a Registrant, Competitor, Voter, or Winner in the Competition. Nothing published or said elsewhere should be interpreted as a modification of these Terms of Use, the Rules, or the Privacy Policy. The Operator may periodically update these Terms of Use, Rules, and/or the Privacy Policy. Any modifications will be indicated by revising the "updated" date at the bottom of this Agreement, as posted on the Website. Such changes will become effective immediately upon being posted by Operator. It is your responsibility to regularly review these Terms of Use, the Rules, and the Privacy Policy to ensure your understanding of the current terms and conditions. Your continued utilization of the Resources or participation in any manner with the Competition following the date of any changes to this Agreement and their posting will signify your ongoing acceptance of the Agreement. If you no longer wish to be bound by the Terms of Use, the Rules, and the Privacy Policy outlined in this Agreement, your sole recourse is to terminate your use of the service. All prior use of the service would continue to be covered by the the Terms of Use, the Rules, and the Privacy Policy that were in force prior to your termination of your use of the Service. 

If any term or provision in these Terms of Use, the Rules, or the Privacy Policy is determined by a competent authority to be unenforceable, all other terms and provisions of these Terms of Use, Rules, and Privacy Policy shall continue in full force and effect.

Updated January 6, 2024