The Poco Diablo Resort Photo Contest
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
Sponsor: The Poco Diablo Resort Photo Contest is sponsored by The Poco Diablo Resort located at 1752 State Route 179, Sedona AZ 86336 USA.
Eligibility: Contest is open only to individuals who have reached the age of majority in their jurisdiction of residence at the time of entry and who have completed a stay at the Participating Hotel. Employees, officers and directors of the Poco Diablo Resort, their respective parent companies, subsidiaries, affiliates, franchisees, representatives, consultants, contractors, legal counsel, public relations, advertising and promotion agencies, fulfillment, website providers, web masters and anyone involved in the production or administration of the Contest (collectively, the “Contest Entities”), and any members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Previous winners of Grand Prizes are ineligible for Grand Prizes however may still enter and win Runner Up Prizes. Information on how to enter and prizes form part of these official rules (“Official Rules”). By submitting an entry, each entrant agrees unconditionally to the Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. This is a skill-based contest and chance plays no part in the determination of winners.
How to Enter: During the Contest Period, each eligible guest will receive an email notification with a unique link to a website that allows him or her to participate in the Contest. To enter, eligible guests must submit a photo of their stay at the Participating Hotel (“Entry”). To submit a photo, entrants must submit a digital photo file that complies with the submission requirements listed below. Limit one (1) entry per eligible stay. Entrant must provide all required information requested on the Official Entry Form, including without limitation first and last name and email address, to be eligible to enter. Photo entry must be submitted by Entrant. Entrant may be asked to answer optional questions and/or register for future notices of online promotions; however, you need not answer these questions or agree to receive future emails in order to be eligible for entry in the Contest.
Each entry must comply with the Entry Content Guidelines and Photograph Requirements listed below (“Photograph Requirements”):
Entry Content Guidelines and Photograph Requirements: Contest materials you submit must comply with the following guidelines:
o Any photograph(s) submitted must be in digital format (e.g., JPG, PNG, or GIF. Only online entries will be eligible. No print or Power Point submissions will be accepted for entry into this Contest and submissions will only be accepted as separate files.
o Photograph(s) must be of satisfactory quality (i.e. brightness, focus etc.). Any photograph submitted that is not of satisfactory quality may be rejected, at Sponsor’s sole discretion. Your photograph must have been taken by you and must be based on your own genuine experience.
o Photograph(s) must have been taken during a stay at the Participating Hotel.
o Photograph(s) with people in them may or may not be accepted into the Contest if the people are personally recognizable. If any person other than the entrant is depicted or described in any essay, narrative, photo or video, the entrant is responsible for obtaining any necessary permission for use of each such person’s name or likeness.
o Photograph(s) submitted MUST NOT exceed 10 MB in size or include watermarks, which are not acceptable and will result in disqualification of photo.
o Photograph(s) MUST NOT have previously been published, released or distributed in a commercial context, and MUST NOT have previously won any award or photo contest.
o Photograph(s) must be the entrant’s original idea (modification of an original work is not an original idea); photograph(s) MUST NOT copy or otherwise plagiarize from any source.
o Photograph(s) MUST NOT contain material that violates or infringes another’s rights, including but not limited to material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright or trademark infringement. Without limiting the foregoing, entry submissions MUST NOT include third-party trademarks, logos, insignia, location signage, photographs, artwork, sculptures, books, articles, music, etc. or identifying descriptions of any media property, except those of Sponsor.
o Previous winners of Grand Prizes are ineligible for Grand Prizes however may still enter and win Runner Up Prizes.
Sponsor reserves the right to verify all facts. Failure to be able to validate the authenticity of your entry when requested may result in disqualification. Any photo submission must be a single work of original material taken by the Contest entrant. By entering the Contest, entrant represents, acknowledges and warrants that the submitted photograph is an original work created solely by the entrant, that the photograph does not infringe the copyrights, trademarks, moral rights, privacy, publicity, intellectual property rights, or other personal or proprietary rights of any person or entity, and that no other party has any right, title, claim or interest in the photograph. By submitting an entry, entrant further warrants and represents that he or she has secured the requisite consent from any third party referenced in the entry. Sponsor reserves the right in its sole and unfettered discretion to disqualify any entry that it believes contains infringing, obscene, offensive or inappropriate content, that does not comply with these Official Rules, or that is not consistent with the spirit or theme of the Contest.
Any attempt by any entrant to obtain more than the permitted number of entries by using multiple and/or different identities, forms, registrations, addresses or any other method will void all of those entrant’s entries and that entrant may be disqualified at Sponsor’s discretion. Multiple entrants are not permitted to share the same email address. Normal Internet, phone and usage charges imposed by your online or phone service may apply. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user’s computer equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Entries will not be acknowledged or returned. All entries must be received by the end of the Entry Period. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant or participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. Sponsor is not responsible for any changes or effects caused to your computer system or video equipment as a result of submitting an entry.
Usage Rights in Entries . The Poco Diablo Resort and its designees shall have the unrestricted and non-exclusive right to edit, adapt, publish, copy, display, perform, broadcast, modify, and otherwise use any or all entry materials, alone or in combination with other material including but not limited to essays, photos and/or videos in any and all media, whether now known or later discovered, in perpetuity, without restriction of any kind whatsoever, without further compensation to the entrant or anyone else. Without limiting the foregoing, entries may be posted on the Page for public viewing and voting in the Contest. Sponsor reserves the right to review any entry prior to any such posting, to remove any entry at any time after posting, and to remove any incidental material that could be deemed infringing where doing so would not materially alter the entry and where the entrant otherwise clearly intended to comply with these Official Rules, as determined by Sponsor. No guarantee is made that any particular entry will or will not be posted or as to the length of time between submission and posting. Sponsor reserves the right, in its absolute discretion, to determine if any particular entry is appropriate for posting. All entries that are uploaded and made available for viewing by the general public will be deemed posted at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. Entry constitutes permission for Sponsor and its designees to use winner’s name, biographical information, photo and/or likeness in any and all media, now or hereafter devised, worldwide, in perpetuity, for internal, advertising, Contest and other purposes without additional compensation, notification or permission, unless prohibited by law. Potential finalists and/or winners may be required to assign all rights in entry to Sponsor without additional compensation.
Judging & Voting
Judging . All entries will be initially screened to make sure the content falls within the parameters under the Entry Content Guidelines and Photograph Requirements. Eligible entries will then be posted on the Poco Diablo Resort’s Flip.to webpage for voting, in which members of the public who receive an invitation to vote will have the opportunity to cast votes for their favorite entry (“eligible voters”). See Voting Rules below. At the conclusion of the Contest Voting Period, entries will be judged by a panel of judges, applying the following criteria (“Judging Criteria”): (i) originality (ii) appropriateness to theme (iii) quality of expression and (iv)public voting results. Previous winners of Grand Prizes are ineligible for Grand Prizes however may still enter and win Runner Up Prizes. The decisions of the judges are final and binding on all matters. Voting ends at approximately midnight UTC (Coordinated Universal Time) at the beginning of the final day of the contest voting period. When deciding the winners, we will judge each entry based on the creativity of the photo and each point earned. Total points will not determine the final winners chosen.
Winner Selection : At the conclusion of the Contest Period, Sponsor will determine the winners by adding the judging results and ranking the top entrants, then ranking them by number of votes received for each entrant. These entrants will be potential Prize winners. Sponsor reserves the right to select an alternate winner if the Submission fails to fit with the Contest theme or other eligibility criteria as determined by the Sponsor in its sole and unfettered discretion, or should voting appear to have been tampered with in any way. Winning entries will be posted online within 7 days of the conclusion of the Contest Period.
Notification of Winner: The potential winners will be notified by email using the information supplied at time of entry. Winning a prize is contingent upon fulfilling all requirements set forth herein. If a potential winner does not respond within five (5) days after the first attempt to notify him/her that he/she has been selected to receive a prize, that potential winner will be deemed to have forfeited the prize, the finalist with the next highest score, determined by Sponsor in its sole discretion, may be selected as an alternate potential winner in his/her place. In the event that the Sponsor, in its sole discretion, does select an alternative potential winner then that alternate potential winner will also have five (5) days to claim the prize, and must satisfy all eligibility requirements.
POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
Prize: The following prize(s) is/are available:
First Prize: One (1) First Prize will be awarded to the top photo as chosen by the judge's panel. The First Prize consists of:
(1) 1-Night Stay at Poco Diablo & $100 Resort Credit
Runner Up Prize: Two (2) Runner Up Prizes will be awarded to the additional photos that best fit the contest theme as chosen by the judge's panel. The Runner-up Prize consists of:
(1) $100 Resort Credit Towards a Two Night Stay
Prize Restrictions : Limit one (1) prize per household. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein, including but not limited to, change of air travel fees, ground transportation, automobile insurance, meals, incidentals, passenger tariffs or duties, surcharges, service charges or facility charges, personal charges at lodging, security fees and/or other expenses, are the responsibility solely of winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. No prize transfer, assignment, or substitution by winners permitted. If a prize (or part of a prize) is unavailable, the Sponsor, in its discretion, reserves the right to substitute the original prize (or that part of the prize) with an alternative prize to the equal monetary value and/or specification, unless to do so would be prohibited by law. Sponsor will not replace any lost or stolen prizes or components of a prize(s). Prize cannot be used in conjunction with any other promotion or offer. Only the number of prizes stated in these Official Rules is available to be won in the Contest. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available. Booking for prizes based upon availability. Some restrictions apply. Prizes are not valid toward Friday and/or Saturday stays between March - September.
General Conditions: This Contest is governed by the laws of the United States. Void where prohibited by law. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR 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 PROSECUTE AND SEEK DAMAGES 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. Neither Sponsor nor anyone acting on its behalf will enter into any communications with any entrant regarding this Contest, except as expressly set forth in these Official Rules. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the website, and/or the legitimate operation of the Contest; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. Sponsor and its agents are not responsible for (1) any incorrect or inaccurate information, whether caused by entrants, printing 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 entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) 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. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus or bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor, which corrupt or affect the operation, administration, security, fairness, integrity or proper conduct of this Contest, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Contest or suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the prize from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the winner selection criteria described above.
Release of Liability: By entering the Contest, entrant agrees to hold Sponsor, The Poco Diablo Resort , and its hotels/franchises, and their affiliates and subsidiary companies, franchisees, consultants, website providers, legal counsel, fulfillment and marketing, public relations, promotional and advertising and Contest agencies and each of their respective directors, officers, employees and assigns (collectively, the “Released Parties”) harmless by entrants against any liability for injuries, losses or damages of any kind to persons, including personal injury or death, or property caused or resulting, in whole or in part, directly or indirectly, from acceptance, possession, misuse, or use of the prize, entry, or participation in the Contest, any Contest-related activity, or by acceptance or use of a prize (including any travel or activity-related thereto), or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery. Released Parties are not responsible for lost, late, misdirected, delayed, inaccurate, illegible, garbled, stolen or incomplete entries or entries not received for any reason or for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof or for any other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of entries, the announcement of the prizes, the incorrect uploading of any photo or essay or in any Contest-related materials. The Released Parties are not responsible if any prize cannot be awarded due to cancellations, delays, or interruptions due to Acts of God, acts of war, natural disasters, weather, or terrorism. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Contest or downloading materials from or use of the Page or any web site. Persons who tamper with or abuse any aspect of the Contest or Web site, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. By participating in this Contest, entrant agrees that the Released Parties will not be responsible or liable for any injuries, damages, or losses of any kind, including direct, indirect, incidental, consequential, or punitive damages to persons, including death, or to property arising out of access to and use of any website associated with this Contest or the downloading from and/or printing material downloaded from such site.
By participating, you further agree that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or any prizes awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorney’s fees; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.
Nature of Relationship/Waiver of Equitable Relief: Each entrant understands and acknowledges that Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any material based on or allegedly based on the Submission, and the entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
Governing Law: Except where prohibited by law, entrant agrees that (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the jurisdiction where the Sponsor property is located; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental, and consequential damages and any other damages, other than for 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 the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Sponsor’s state of jurisdiction, without giving effect to any choice of law or conflict of law rules, which would cause the application of laws of any jurisdiction other than the jurisdiction where the Sponsor property is located.
Severability: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
Official Rules & Winner’s Name: Winners will be notified and their winning submissions will be available online seven (7) business days after the end of the Contest
Entrants agree that personal data, especially name and address, may be processed, shared, and otherwise used for the purposes and within the context of the Contest and any other purposes outlined in these Official Rules. The data may also be used by the Sponsor in order to verify the participant's identity, postal address, and telephone number or to otherwise verify the participant's eligibility to participate in the Contest. Participants have the right to access, review, rectify, or cancel any personal data held by Sponsor by writing to the Sponsor.