By utilizing the Resources in any way associated with this Website, you indicate your acceptance and agreement to these terms of use and competition rules, regardless of their current form.
These Terms 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."
THIS IS A BINDING CONTRACT. YOUR CONTINUED PARTICIPATION AS A NOMINATOR, REGISTRANT, ENTRANT, COMPETITOR, VOTER, REFERRER, OR WINNER IN THE COMPETITION (AS DEFINED BELOW), IN ANY MANNER, SIGNIFIES YOUR ACCEPTANCE AND AGREEMENT TO THESE TERMS, IN WHATEVER FORM THEY MAY CURRENTLY EXIST. AS SUCH, PLEASE READ THIS AGREEMENT IN ITS ENTIRETY.
THESE TERMS GOVERN WHAT CLAIMS YOU CAN BRING, WHAT DAMAGES YOU CAN CLAIM, AND HOW DISPUTES BETWEEN YOU AND THE COMPETITION ENTITIES (DEFINED BELOW) RELATING TO YOUR PARTICIPATION AS A REGISTRANT, COMPETITOR, VOTER, REFERRER, OR WINNER (COLLECTIVELY, A "PARTICIPANT") IN THE COMPETITION WILL BE RESOLVED. THE SECTIONS OF THESE TERMS TITLED "WAIVER AND LIMITATIONS OF LIABILITY" AND "DISPUTE RESOLUTION" EXPLAIN WHAT CLAIMS YOU ARE WAIVING, WHAT DAMAGES YOU CAN CLAIM, AND CONTAIN AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION, WHICH STATES THAT YOU AND THE COMPETITION ENTITIES (EACH A "PARTY" AND, COLLECTIVELY, THE "PARTIES") MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY, AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER, OR OTHERWISE ON BEHALF OF OTHERS, IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
PLEASE NOTE THAT THE DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY, AND GOVERNING LAW, WAIVER AND DISPUTE RESOLUTION SECTIONS CONTAIN IMPORTANT LIMITATIONS ON OUR LIABILITY AND OUR AGREEMENT TO ARBITRATE FOLLOWING THE LAWS OF ARIZONA ONLY.
SOCIALMARK, LLC ("OPERATOR"), AN ARIZONA LIMITED LIABILITY COMPANY ADMINISTERS AMERICASFAVORITEPHOTOS.COM (THE "WEBSITE") AND THE OPERATION OF THE COMPETITION. 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].
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 and all applicable laws regarding the utilization of the Resources.
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.
Public voting will decide the Competition winner from those entrants who have been selected to participate in the Competition (each a "Competitor" and collectively, the "Competitors"). The Grand Prize will be awarded in accordance with these Terms. Any violation of these Terms, at Operator's sole discretion, may result in disqualification.
The Competition reserves the right to reject, remove, or disqualify any photo at any time with or without cause or notice. All decisions of the Operator regarding the Competition are final and binding in all respects.
We reserve the right to reject, remove, or suspend any user account or entry at any time for any reason. Operator reserves the right to reject any photo that, in Operator's sole discretion, is not in the spirit of the competition.
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.
Unless otherwise expressly stated in these Terms, 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.
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.
All Entrants must be individuals who are eighteen (18) years of age or older ("Eligible Entry Age") at the time of entry and be a citizen (or legal resident) of the United States of America. Void where prohibited or otherwise restricted by applicable law.
Officers, directors, and/or employees of Operator, along with their respective immediate family members (defined as spouse, parent, child, sibling) are ineligible to participate in the Competition as Competitors.
Entries must be submitted by the actual competitor. Proxy submissions, including but not limited to submissions by parents, guardians, or other third parties on behalf of a competitor, are not permitted. Any such submissions may result in disqualification at the sole discretion of the Operator.
Any individual who has been declared a Winner in a periodic Competition shall be ineligible from entering or participating as a Competitor in any subsequent periodic Competition for the remainder of the calendar year. However, their winning photo will be automatically entered into the annual Competition (unless they explicitly opt out by emailing [email protected]), and they remain eligible to win the annual Competition with their periodic winning photo.
ALL VOTERS MUST BE EIGHTEEN (18) YEARS OF AGE OR OLDER AND BE A CITIZEN (OR LEGAL RESIDENT) OF THE UNITED STATES OF AMERICA.
Operator will take all reasonable steps to prohibit ineligible Entrants and/or Competitors and/or Voters and/or Referrers ("Participants") from entering and/or participating in the Competition. Operator reserves the right, in its sole and absolute discretion, to determine eligibility or whether to deem a Participant ineligible to participate in the Competition, at any time and for any reason whatsoever, including due to the Participant's inability to fulfill any obligation(s) as a Competitor or Winner (as defined below), as required by Operator and these Terms.
By entering the Competition, Entrants/Competitors agree to Operator's use of their name, biographical information, and any other materials submitted, including the Submitted Photographs (as defined below), for both online and offline direct marketing purposes in connection with the Competition.
BY REGISTERING TO ENTER THE COMPETITION, ENTRANTS/COMPETITORS GRANT OPERATOR A LIMITED, NON-EXCLUSIVE, AND NON-TRANSFERABLE LICENSE TO USE THE ENTRIES AND ANY OTHER MATERIALS SUBMITTED (INCLUDING BUT NOT LIMITED TO SUBMITTED PHOTOGRAPHS) IN ANY MANNER REASONABLY RELATED TO THE COMPETITION AND/OR FUTURE COMPETITIONS.
INVALID, FALSE, OR DECEPTIVE ENTRIES OR PROFILES SHALL RENDER THOSE ENTRIES OR PROFILES INELIGIBLE. BY ENTERING THE COMPETITION, ENTRANTS/COMPETITORS REPRESENT AND WARRANT THAT THEY HAVE READ AND AGREE TO THESE TERMS AND MEET ANY/ALL ELIGIBILITY REQUIREMENTS. OPERATOR SHALL NOT BE LIABLE FOR ITS REASONABLE RELIANCE ON ENTRANTS'/COMPETITORS' REPRESENTATIONS AND WARRANTIES.
NOTICE: YOU HAVE NOT YET WON.
To enter, Entrants must visit www.americasfavoritephotos.com to complete and submit an official entry form. Entrants must provide all information requested, including, at a minimum, one (1) competition photograph which conforms to the specifications required by these Terms (the "Submitted Photographs"), using the upload tool and instructions provided.
Submitted Photographs must not infringe or violate any right of any third party or entity, including but not limited to copyright, right of publicity, and right of privacy. Please confirm and make sure you have the rights to submit the photographs. Submitted photos should not contain obscene or otherwise offensive content. The determination of whether any image exhibits obscene or offensive content is at the sole discretion of Operator.
False, deceptive, or incomplete entries or information provided by Entrants or Competitors at any point relating to the Competition may render the entry ineligible, regardless of when the problem is discovered.
Upon submitting an entry form, Entrant agrees that Operator may contact the Entrant/Competitor, including via auto-dialer, email message, or text message, for any purpose relating to the Competition, including to request resubmission of one or more of the Submitted Photographs and/or to request that the Entrant submit additional images ("Additional Photographs"). Entrants/Competitors may use the unsubscribe link in emails, or reply "STOP" to withdraw consent to be contacted via text message, at any time. Notification preferences can also be managed on the website under account settings.
While Entrants may have assistance in entering data and uploading the Submitted Photographs, Entrants must otherwise complete the entry forms themselves. All entries must be submitted by the actual competitor. Proxy submissions, including those made by parents, guardians, or any other third parties on behalf of a competitor, are strictly prohibited. Failure to comply may result in disqualification at the Operator's sole discretion.
Submission of photographs and entry in the Competition constitutes consent to the use of the Submitted Photographs on the Website and digital apps, and otherwise in connection with Operator, the Competition, and its affiliated Competition partner brands, and in any and all media now known or hereafter discovered, for the full duration of the copyright in the applicable Submitted Photographs.
By entering this Competition, Entrant represents and warrants that they are of Eligible Entry Age and own or control all necessary rights in the Submitted Photographs to grant Operator the rights described herein. Submission of an entry constitutes Entrant's consent to grant to Operator a limited, non-transferable license, to use, adapt, edit, and/or modify the entry in any manner it so chooses and for any other purpose whatsoever, in connection with the Competition and any future competition(s), without limitation and without consideration to Entrant.
Only one (1) entry per person will be accepted; when detected, all other entries will be disregarded and removed. Limit of one (1) Entrant per entry submission. Entrants may submit their entry forms and photographs using the above procedures anytime during the Entry Period.
After entering the Competition, the Submitted Photographs may be placed on the Website, where they may be viewed by visitors to the Website. Entrants/Competitors may be requested to submit Additional Photographs for publication on the Website, so long as such images do not display offensive content, are not obscene (as determined in the sole discretion of Operator), and do not infringe upon the rights of any person or entity, including but not limited to copyright, right of publicity, and right of privacy.
Operator reserves the right to reject any entry for any reason. At Operator's discretion, Operator may reject entries that it deems to not be in the spirit of the competition. This includes photos of low resolution, that are unintelligible, are NSFW, contain hate speech, depict or infer anything illegal or illicit, or otherwise do not conform to the Terms.
Operator will make reasonable efforts to review and approve all entries. However, as this is specifically a photography competition, Operator reserves the right, in its sole discretion, to modify submissions by cropping Entrant's submitted image to remove any non-photographic elements, including but not limited to: text overlays, graphics, watermarks, screenshot artifacts, memes, frames, borders, collages, or other elements that are not part of the original photographic capture. Photo collages are considered multiple photos and are prohibited; such submissions will be cropped down to a single photo at the Operator's discretion.
An exception to this prohibition may be made if the submission is clearly a photograph of multiple photographs (i.e., a photographic image capturing multiple printed photographs in a single frame), in which case it may be considered one eligible photographic entry. Similarly, if the entry is clearly a photograph of artwork, it may be considered an eligible photographic entry; however, if the submission appears to be the artwork itself rather than a photograph of the artwork, or if it is unclear whether the submission is a photograph or artwork, such submission may be deemed ineligible and not approved.
If an entry is modified by Operator, Entrants are encouraged to submit either: (1) the original unmodified photographic image without any non-photographic elements, or (2) an alternative photographic entry that complies with these requirements. Any such replacement submission must be completed prior to the official opening of the applicable Competition. Operator's determination of what constitutes a proper photographic entry versus non-photographic elements is at the sole discretion of the Operator, and shall be final and binding.
OPERATOR WILL SELECT, IN ITS SOLE, ABSOLUTE, AND COMPLETE DISCRETION, WHICH ENTRANTS WILL PARTICIPATE IN THE COMPETITION AS COMPETITORS, AS WELL AS THE SCHEDULE AND TERMS OF THE COMPETITION.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO REGISTER OR VOTE IN THE COMPETITION.
UPON ENTRY TO THE COMPETITION, COMPETITORS SHALL BE PROHIBITED FROM PURCHASING VOTES AND/OR CASTING PAID VOTES FOR THEMSELVES.
COMPETITORS ARE NOT PERMITTED TO CONTRIBUTE OR PAY FOR VOTES FOR THEMSELVES. COMPETITORS CAUGHT PAYING FOR VOTES, OR CASTING VOTES BY CONTRIBUTION, FOR THEMSELVES, MAY BE SUBJECT TO DISQUALIFICATION. THE USE OF A COMPETITOR'S PAYMENT METHOD(S) (PERSONAL, BUSINESS, ETC.) OR FUNDS, TO CONTRIBUTE OR PAY FOR VOTES TO CAST FOR THAT COMPETITOR IS STRICTLY PROHIBITED.
Voters can vote by doing the following: (a) all eligible Voters will be able to cast one (1) free vote per Group per day (defined as a 24 hour day Pacific Time while voting is active) for their favorite Entries, such votes will only be counted as Qualifying Votes after Operator verifies Voter eligibility (via Facebook verification, email verification, SMS verification, payment method verification, and/or other process); and/or (b) eligible Voters may contribute to cast additional votes (for one or more Entries).
Operator retains the right to provide additional means of voting (e.g. 2-for-1 votes), which may be offered to voters at any point during the Competition, at its sole discretion. "Qualifying Votes" are those placed in accordance with these Terms.
The winning Competitor(s) of each Group in each Round of the Competition will be determined based upon the number of Qualifying Votes received in that Round, with those receiving the highest number of Qualifying Votes deemed the winner(s) of that Group in that Round.
"Bot" activity or any kind of robotic or automated voting mechanism is not an accepted form of voting and such votes will not be counted, if discovered. If this type of false voting is detected, the individual, associated IP address, email address, and mobile phone number may be banned from voting. At its sole discretion, Operator reserves the right to disqualify Competitors suspected in encouraging, soliciting, or otherwise knowingly participating in this type of activity, or any other voting activity Operator deems unfair.
Operator reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with any Competitor, Entry or voting process, or the operation of the Competition, in any way.
ALL DATES AND TIMES SET FORTH IN THESE TERMS ARE APPROXIMATE. OPERATOR RESERVES THE RIGHT TO CHANGE ANY DATES.
Upon being accepted into the Competition, Competitors will be divided into Groups and advance to the initial public voting Round.
Winners of both the periodic competitions and the annual Competition are selected by public voting.
Public voting rounds (individually a "Round" and, collectively, the "Rounds") may progressively reduce the number of Competitors.
The Annual Competition will feature only the top photos from the year's periodic competitions (currently the top 20 photos, though this number is subject to change).
See the About page for details and the complete competition schedule.
Advancing Competitors for each Round, Winners of periodic competitions, and the annual Grand Prize Winner will be notified by email, telephone, or other means reasonable to provide notice, including but not limited to via auto-dialer, email message, or text message.
Entrants/Competitors consent to a background check that may be performed, at the sole discretion of Operator, to verify information provided by Entrants/Competitors and compliance with these Terms, or for other reasons related to the Competition.
Winners of periodic competitions will have their winning photos automatically entered into the annual Competition, unless they explicitly opt out by emailing [email protected].
In addition to the periodic competitions, an annual Competition is conducted with a Grand Prize of $25,000. The annual Competition is comprised only of the year's top periodic competition photos (currently the top 20 photos, though this number is subject to change at Operator's discretion).
The verified Grand Prize Winner of the annual Competition may refer to themselves as the annual "America's Favorite Photos Winner" or "America's Favorite Photos Grand Prize Winner" in written and/or descriptive materials, but only if such use(s) and display(s) in no event suggest or create any confusion whatsoever that Operator is endorsing or participating in any manner related to the use of their name, logos, or fonts.
The Winners of periodic competitions and the annual Grand Prize Winner will be announced on the Website. By agreeing to appear as a Winner of any Competition, the Winner consents to the use of their name, photos/videos, and/or likenesses for advertising and trade purposes in connection with the America's Favorite Photos brand, including without limitation, the America's Favorite Photos Competition and in print and digital materials in the United States and any countries where the America's Favorite Photos brand exist, in any and all media known or hereinafter discovered, without territorial or time limitations and without additional compensation, except where prohibited.
By accepting the prize package or money, each Winner acknowledges compliance with these Terms. To the extent that any United States federal and/or state income or other taxes apply to the value of the prize(s) and/or award(s) provided to any Winner, the Winner shall be solely responsible for the reporting and payment of such taxes.
Any potential Grand Prize or Ancillary Promotion Winner ("Potential Winner") will be required to execute an affidavit of eligibility, a liability/publicity release, Competitor release, and other documents ("Prize Claim Documents"). If any Potential Winner fails or refuses to sign and return all Prize Claim Documents within seven (7) days of the delivery of prize notification(s), the Potential Winner may be disqualified, and an Alternate Winner may be determined/selected.
If you are selected as a Finalist, Grand Prize Winner, Alternate Winner, or Ancillary Promotion Winner, you consent to your information being included in a publicly available "Winner's List".
Except where prohibited, acceptance of a prize constitutes the Winner's irrevocable consent to Operator, its agents, successors, and assigns or other designee's use of the Winner's name, likeness, photograph, voice, statement, opinions, biographical information, prize and/or state/city of residence for advertising, promotional and publicity purposes in any and all media or format, worldwide, in perpetuity, without any permission, notification, payment or consideration, except for the awarding of the prizes to the Winner.
By accepting a prize, the Winner agrees to maintain their behavior in accordance with all applicable laws and generally accepted social practices while participating in any Competition activity, including but not limited to participation in or use of a prize. The Winner understands and further agrees that Operator has the right, in its sole discretion, to disqualify and/or remove the Winner from any activity at any time, if Operator determines that the Winner's behavior at any point is disruptive or inappropriate, or may or does cause damage to person, property, or the reputation of Operator, or otherwise violates the policies of the prize providers and/or Operator.
Operator offers a referral program (the "Referral Program") whereby eligible individuals ("Referrers") may receive a monetary award for referring new Competitors who subsequently win a monetary prize in the Competition.
Any individual with a valid account on the Website may participate as a Referrer in the Referral Program. Each Referrer will be provided with a unique referral link ("Referral Link") that can be shared with potential new Competitors. For a referral to be valid, the new Competitor must:
If a referred Competitor wins a monetary prize, the Referrer will receive a referral award of $2,000 USD (the "Referral Award"). The Referral Award is subject to the following conditions:
The following activities are strictly prohibited in connection with the Referral Program:
Operator reserves the right, in its sole discretion, to disqualify any Referrer from participation in the Referral Program, void any pending or previous Referral Awards, and/or terminate the Referrer's account for any violation of these Terms or any activity that Operator deems to be fraudulent, abusive, or otherwise in bad faith.
Operator reserves the right to modify, suspend, or terminate the Referral Program, including but not limited to changing the Referral Award amount, eligibility requirements, or other program terms, at any time without prior notice. Any such changes will become effective immediately upon being posted on the Website.
Referral Awards earned prior to such modification or termination will be honored according to the Terms in effect at the time the referred Competitor won their monetary prize.
Operator reserves the right in its sole and absolute discretion to conduct additional promotions during the Competition (each, if any, an "Ancillary Promotion", and collectively, the "Ancillary Promotions"). Ancillary Promotions, if any, may be conducted in a manner that may or may not be related to elements of the Competition.
Prior to conducting, and throughout the duration of, any such Ancillary Promotion, Operator will provide the following information about any such Ancillary Promotion:
Examples of Ancillary Promotions may include, but are not limited to, promotions related to incentivizing individuals to enter the Competition or vote for Competitors in the Competition during a designated period. In addition to any specific Ancillary Promotion Rules, these Terms, to the extent applicable, shall govern the Ancillary Promotions.
FAILURE TO COMPLY WITH THESE TERMS MAY RESULT IN DISQUALIFICATION.
Operator reserves the right, in its sole discretion, to take action against any individual participating in the Competition as a Competitor or a Voter, including removal from the Competition or the voiding of votes, for reasons including: (a) acting in any manner deemed by Operator to be in violation of these Terms; (b) acting in any manner deemed by Operator to be harmful to the Competition, other Competitors, etc.; or (c) acting in any manner deemed by Operator to be unsportsmanlike, disruptive, and/or with intent to annoy, abuse, threaten, or harass any other person/entity.
Operator also reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with or undermining the entry or voting process(es), the operation of the Competition, or to be in breach of these Terms.
ANY ACTION BY AN ENTRANT, COMPETITOR, VOTER, REFERRER, OR ANY OTHER INDIVIDUAL, WHICH DAMAGES OR UNDERMINES THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE IN VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND, SHOULD SUCH ACTION BE TAKEN, OPERATOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES) FROM ANY SUCH PERSON, TO THE FULLEST EXTENT PERMITTED BY LAW.
PARTICIPANTS (TO INCLUDE ENTRANTS, COMPETITORS, VOTERS, REFERRERS, AND WINNERS) AGREE THAT, IN NO EVENT, SHALL OPERATOR, PROMOTION ENTITIES, APPLICABLE CHARITIES, COMPETITION SPONSORS, OR ANY PRIZE PROVIDER (COLLECTIVELY THE "COMPETITION ENTITIES"), WHICH INCLUDES THE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS OF EACH, BE LIABLE OR OBLIGATED TO AN ENTRANT, VOTER, REFERRER, WINNER, OR ANY THIRD PARTY IN ANY MANNER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND IN ANY WAY RELATED TO THE COMPETITION, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES AND ARBITRATION COSTS. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY.
ALL PARTICIPANTS RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPETITION ENTITIES FROM AND AGAINST ANY AND ALL LIABILITY, WITH RESPECT TO, OR IN ANY WAY ARISING FROM, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, THIS COMPETITION, PUBLICATION OR USE OF THE SUBMITTED PHOTOGRAPHS OR ADDITIONAL PHOTOGRAPHS, ENTRANTS' NAMES AND LIKENESSES, AND/OR ACCEPTANCE, USE, MISUSE, LOSS, OR MISDIRECTION OF THE PRIZE, INCLUDING LIABILITY FOR PERSONAL INJURY, DEATH, DAMAGES, OR MONETARY LOSS.
BY PARTICIPATING IN THE COMPETITION, PARTICIPANTS FURTHER AGREE TO RELEASE AND HOLD HARMLESS THE COMPETITION ENTITIES FROM AND AGAINST ANY CLAIM: (A) OF AMBIGUITY OR ERROR IN THE COMPETITION, THESE TERMS, OR THE PRIVACY POLICY; (B) RELATED TO LOST, LATE, INCOMPLETE, OR MISDIRECTED ENTRIES OR VOTES; (C) FOR INJURIES, DAMAGES OR LOSSES (INCLUDING DEATH) OF ANY KIND RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, USE, LOSS, OR MISDIRECTION OF ANY PRIZE, OR PARTICIPATION IN ANY COMPETITION-RELATED ACTIVITY OR PARTICIPATION IN THIS COMPETITION; (D) FOR COPYRIGHT INFRINGEMENT OR VIOLATION OF THE RIGHT OF PUBLICITY BASED ON USE OF THE SUBMITTED OR ADDITIONAL PHOTOGRAPHS BY OPERATOR; OR (E) DUE TO ANY ERROR IN THE OFFERING OR ANNOUNCEMENT OF ANY PRIZE.
PARTICIPANTS FURTHER AGREE THAT ALL DECISIONS OF OPERATOR SHALL BE FINAL AND CONCLUSIVE ON ALL MATTERS RELATING TO THE COMPETITION AND THAT THE COMPETITION ENTITIES ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE ENTRY INFORMATION, HUMAN ERROR, TECHNICAL MALFUNCTION, FAILURES, OMISSION, INTERRUPTION, DELETION, OR DEFECT OF ANY TELEPHONE NETWORK, COMPUTER ONLINE SYSTEMS, COMPUTER EQUIPMENT, SERVERS, ACCESS PROVIDERS, OR SOFTWARE, INCLUDING ANY INJURY OR DAMAGE TO PARTICIPANTS OR ANY OTHER PERSONS' PROPERTY RELATING TO OR RESULTING FROM PARTICIPATION IN THIS COMPETITION, INABILITY TO ACCESS THE ENTRY WEBSITE OR ANY PAGES THEREOF, THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF ENTRIES, ENTRY SUBMISSIONS THAT ARE PROCESSED LATE OR INCORRECTLY OR ARE INCOMPLETE, GARBLED, OR LOST DUE TO COMPUTER OR ELECTRONIC MALFUNCTION OR TRAFFIC CONGESTION ON THE INTERNET OR ANY WEBSITE.
PROOF OF ENTERING INFORMATION ON THE WEBSITE IS NOT CONSIDERED PROOF OF DELIVERY OR RECEIPT.
PARTICIPANTS ACKNOWLEDGE AND AGREE THAT OPERATOR DOES NOT MONITOR FOR OFFSITE ACTIVITY AND IS IN NO WAY RESPONSIBLE FOR MANAGING OR CONTROLLING OFF-SITE ACTIVITY VIA SOCIAL MEDIA AND/OR OTHER THIRD-PARTY PLATFORMS, INCLUDING BUT NOT LIMITED TO NEGATIVE AND DISPARAGING CORRESPONDENCE BETWEEN ENTRANTS, COMPETITORS, VOTERS, AND REFERRERS OFFSITE VOTE AND/OR REFERAL INCENTIVES, MISLEADING OR DECEPTIVE PROMOTIONAL TACTICS, OR ANY OTHER BEHAVIORS CONSIDERED TO BE MISLEADING OR UNSPORTSMANLIKE.
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.
You and Operator agree that any dispute or claim arising out of, or relating in any way to, the Competition, your participation in it, these Terms, or the Privacy Policy, including all issues concerning the construction, validity, interpretation, and enforceability of these Terms, Entrant, Competitor, and/or Voter rights and obligations, the rights and obligations of Operator, or the extent of any waiver or release of claims by you, shall be settled by binding and unappealable arbitration administered by the American Arbitration Association, by operation of these Terms, in accordance with its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
ALL ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER, OR OTHERWISE ON BEHALF OF OTHERS, IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
Claims shall be heard by a single arbitrator. The place of arbitration shall be Phoenix, Arizona, unless otherwise agreed to by the Parties, or is determined by the arbitrator that the arbitration proceeds virtually (by videoconference). The arbitration shall be governed by the laws of the State of Arizona. Each Party will, upon written request of the other Party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed.
Hearings will take place pursuant to the standard procedures of the Consumer Arbitration Rules, although the Parties can appear in person, by video, or telephonically. The standard provisions of the Consumer Arbitration Rules shall apply. The arbitrator will only have the authority to grant any remedy, relief, or outcome that the Parties could have received in court, except injunctive relief.
If either Party in a suit seeks injunctive relief, the arbitrator will complete arbitration of the dispute, issue an award of monetary compensation (if any), and then the party seeking injunctive relief may file a new action in state or federal court in Maricopa County, Arizona, solely for injunctive relief. The findings of fact and conclusions of law of the arbitrator shall not be submitted as evidence or constitute precedent in this subsequent suit.
In addition, the prevailing Party will be entitled to recover its arbitration costs. Except as may be required by law, neither a Party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder, without the prior written consent of both Parties.
If any part of this arbitration provision is deemed to be invalid or unenforceable, then the remainder of this arbitration provision shall remain in full force and effect and shall be construed in accordance with its terms as if the invalid or unenforceable provision were not contained herein.
If for any reason the Competition and/or any Round of the Competition cannot be executed as set forth in these Terms, including but not limited to, as a result of acts of God, acts of war, natural disasters, weather, pandemic or epidemic illness, disease, acts of terrorism, computer virus, tampering, unauthorized intervention, fraud, technical failures, or other factors that may corrupt or affect the security, administration, fairness, integrity or proper conduct of the Competition, and/or if the Competition is compromised or becomes technically corrupted in any way, electronically or otherwise, Operator reserves the right to cancel, terminate, suspend, and/or modify the Competition and/or any Round of the Competition with or without prior notice, and Operator shall not in any way be responsible or liable for any such cancellation, termination, suspension, and/or modification of the Competition and/or any phase of the Competition.
Further, if the Competition is terminated before the original end date, Operator reserves the right, in its sole discretion, to modify the procedure for selecting the Winner(s), unless the nature of the event giving rise to such termination renders it impossible to select the Winner(s).
You may delete your account at any time by using the "Delete Account" link available in the footer of the website on the account settings page. Please note that deleting your account will permanently remove your profile, all Competition entries, and access to the Website but may not affect votes you have already submitted. Operator may retain certain data associated with your account as permitted by applicable law, even after deletion, for purposes such as security, fraud prevention, and compliance with legal obligations.
By participating in the Competition as Competitor or Voter, you understand that a Competition withdrawal request or request for removal from the Competition can take up to fourteen (14) days to be processed and that a profile may still remain active during this length of time.
Voters and Competitors both acknowledge and agree that no refunds will be given upon a Competitor's request to delete your account or for removal from the Competition. As such, Operator does not encourage withdrawal or voluntary removal from the Competition, as this does a disservice to Voters.
By voting, you understand and acknowledge that no refunds will be offered should a Competitor be eliminated, disqualified, or willingly withdraw from the Competition. Voters acknowledge that there are no exceptions to this policy.
100% of all contributions go directly to support the mission of America's Favorite Photos to encourage, support, and promote photography as an art form we can all create, share, and celebrate together. As the Operator is not a charitable organization as per section 501(c)(3) of the Internal Revenue Code, contributions made through the Operator's website are not eligible for a tax deduction as a charitable donation.
All contributions are immediately final and not refundable. In the case of exceptional circumstances, special requests for refunds can be submitted to [email protected] for consideration. By making a contribution, you acknowledge you have read and agreed to the Competition's Refund Policy as written herein.
These Terms constitute the comprehensive agreement governing your usage of the Website and any participation by you as a Registrant, Entrant, Competitor, Voter, Referrer, or Winner in the Competition. Nothing published or said elsewhere should be interpreted as a modification of these Terms or the Privacy Policy.
If any term or provision in these Terms or the Privacy Policy is determined by a competent authority to be unenforceable, all other terms and provisions shall continue in full force and effect.
The Operator may periodically update these Terms 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 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 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 Terms and the Privacy Policy that were in force prior to your termination of your use of the Service.
Updated March 12, 2025
