INTERNET ACCESS IS REQUIRED TO ENTER. Void in and to residents of MD and where prohibited or restricted by law.
1. ELIGIBILITY: Lytro, Inc. (“Sponsor” or “Lytro”) presents “The Ultimate Lytro Photo Experience” Contest (“Promotion” or “Contest”). The Contest is offered and open only to legal residents of the fifty United States or the District of Columbia (excluding residents of Maryland) who are 18 years of age or older and who pre-order a Lytro ILLUM™ camera from Lytro between 5:00 am PT on April 22, 2014 and 11:59 pm PT July 31, 2014 (“Pre-order Period”). Employees, officers and directors of Sponsor and its subsidiaries, prize suppliers, contractors, agents, promotion agencies, individuals engaged in the development, production, or distribution of materials for, judging of, or implementation of the Promotion (collectively, “Contest Entities”), their immediate family members (spouse, siblings, children and parents including foster and step-relations) and those living in their same household (whether or not related) as any person in any of the preceding categories are not eligible to enter.
2. CONTEST PERIOD: Contest starts on or about 5:00 am Pacific Time (“PT”) April 22, 2014 and ends at 11:59 pm PT on July 31, 2014 (“Contest Period”). Sponsor’s server/computer is the official timekeeping device for the Promotion. All time referenced herein is Pacific Time. Entrants are solely responsible for determining the corresponding time zone in their respective jurisdictions; Contest Entities disclaim all liability or responsibility relating thereto.
4. HOW TO ENTER: During the Contest Period, you must:
All three images must be of the same visual scene, captured from the same angle, with the same exposure and lighting, but the focus should be distinctly different in each image. Your images must demonstrate how you would use the Lytro ILLUM’s refocus ability to tell a unique visual story. Failure to comply with the entry requirements (determined by Sponsor in its absolute discretion) or to follow all steps will void Entry. Limit one (1) Entry per person and per preorder. Sponsor may, in its sole discretion, disqualify any Entrant who cancels his or her pre-order or purchase of Lytro ILLUM prior to completion of all the events constituting prizes for this Contest. In the event Entrant exceeds the stated limit, all Entries will be disqualified.
Entries submitted via any other channel(s) will not be eligible for the Promotion. Once submitted, Entry cannot be modified, deleted or cancelled. By entering, Entrants understand and agree that certain submitted eligible Entries may, but without obligation, be posted on-line and subject to public viewing, streaming (i.e. “digital transmission”), and downloading (i.e. “digital distribution”). The posted Entries are displayed as examples only; which in no way implies or should be deemed to imply that the Entry will (or will not) be a winner, or receive a high(er) score than other Entries not so displayed. By submitting an Entry, Entrants agree to be contacted by Sponsor with notices and reminders pertaining to the Promotion. By submitting an Entry, Entrants agree to receive future marketing communications from Sponsor. However, you may opt out of these communications at any time thereafter without affect to your Entry.
Entries will not be returned. Entrants may not enter through a club (or similar method), with multiple e-mail and/or street addresses, nor shall Entrants use any other device or artifice to enter. Any use of cheating, fraud, on-line contest clubs (or similar methods), exchange sites, robotic, automatic, macro, programmed or like Entry methods, as determined in Sponsor’s sole and absolute discretion, will void all such Entries by such methods, and disqualify any Entrant using/benefitting from such methods. In case of dispute, Entries will be declared made by the authorized account holder of the e-mail address submitted at the time of Entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
Contest Entities assume no responsibility for lost, late, incomplete, inaccurate, delayed, destroyed, damaged, or misdirected Entries (in whole or in part); nor for any computer, telephone, cable network, electronic or hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt, or jumbled transmissions; nor service provider, Internet, Web site, user accessibility or availability, incompatibility, traffic congestion, unauthorized human intervention or any human error, or the incorrect or inaccurate capture of Entry or other information, nor for the failure to capture any such information.
5. REQUIREMENTS FOR ENTRY: Incomplete or otherwise ineligible Entries, or any element thereof, will disqualify an Entry. Proof that you uploaded an Entry does not constitute proof or evidence that it was received within the Contest Period or eligible for the Contest. Sponsor reserves the absolute right to disqualify and/or immediately remove any Entry in whole or in part or Entrant for any reason within its sole and absolute discretion. Without limitation, Entries will be disqualified if Sponsor believes the Entry, or any element thereof, is not in the spirit of the Contest, is ineligible or otherwise not compliant herewith, or will have a detrimental impact on Sponsor, this Contest, any of Sponsor’s brands, products or services. Without limitation, Sponsor reserves the right in its absolute discretion to refuse, disqualify, or withdraw any Entry and/or Entrants at any time during or after the Contest, including but not limited to those that depict, are, or appear to be obscene, hurtful, offensive, dangerous, sexually inappropriate, overtly political or religious, discriminatory, highly sensitive, incorporate drug use or other harmful (in Sponsor’s discretion) or illegal acts, violence, nudity or explicit activity, cruelty, hatred, or are otherwise repugnant or unsuitable for any other reason, as determined solely by Sponsor (in its sole and absolute discretion). If at any time an Entrant engage(s) in behavior that (as determined by Sponsor in its sole and absolute discretion) is unsportsmanlike, aggressive, cheating, fraudulent, obnoxious, dangerous, threatening, illegal, disorderly, or that is intended to annoy, abuse, intimidate, threaten or harass any other person, or may cause property damage or loss, Sponsor reserves the right to immediately terminate their participation, or other applicable experience early, in whole or in part, and disqualify Entrant.
By submitting an Entry, Entrants represent, warrant and covenant (and agree to release and indemnify Released Parties from same as set forth in these Official Rules) that their Entry submitted and all content therein: (i) is original to the Entrant, (ii) does not violate, breach or infringe any copyright, trademark or other proprietary, publicity, privacy or any other rights of any person, entity, or venue, nor violate any laws, rules or regulations; (iii) has been created specifically for this Contest, and has not been previously promoted in any contest in any media channel whether or not sponsored by Sponsor; and (iv) any individuals mentioned or featured in, or who have worked on the Entry, in whole or in part, in any manner have given Entrant their consent to its submission in this Contest and the use contemplated (or if a minor, Entrant has obtained consent of the minor’s parent or legal guardian). If requested by Sponsor, Entrant shall provide evidence of the above in writing. Nothing herein shall be deemed an obligation on behalf of Sponsor of confidentiality. Entrants understand and agree to assume the risk that their Entry and any element thereof may, in whole or in part, be identical or similar to any other Entry, that one Entry may regardless receive varying judging scores from the other Entry, and Entrants shall release, indemnify, defend and hold harmless the Released Parties (defined below) from same.
Upon submitting any image as part of an Entry, and whether or not your Entry is disqualified or selected as a winner, you grant to Sponsor a non-exclusive unlimited, royalty-free irrevocable perpetual license in and to such image, in whole and in part, and all the intellectual and other property rights therein including but not limited to the right to make derivative works and to commercially exploit the such image, through-out the world, and further agree to execute all documents and perform all acts deemed necessary by Sponsor to protect Sponsor’s license. You understand and agree by granting this license that your images may be modified, edited, distorted, used in whole or in part, alone or in combination with other works, used in illusory or composite form, or in any other manner, as solely determined by Sponsor in any media and medium whatsoever now known or hereinafter developed (including without limitation print, broadcast, radio, digital, and on-line) without further compensation or review. You will not now nor in the future be paid for your Entry or for granting Sponsor any of these rights. The consideration for the rights granted to Sponsor herein is your opportunity to participate in the Contest.
6. JUDGING CRITERIA/WINNER SELECTION: Approximately six weeks following the end of the Contest Period, eligible Entries will be judged by a neutral judging panel selected by Sponsor anticipated to consist of professional photographers and/or members of Sponsor’s Creative Advisory Board in accordance with the judging criteria specified below to select five (5) Grand Prize winners and twenty (20) First Prize winners. Entries will be judged based on the following criteria: creativity (25%); originality (25%); use of shifting focal points (25%); compelling visual story (25%). In case of a tie, the Entry (among those tied) with the highest rating in the “use of shifting focal points” category will break the tie. In the event a tie still remains, the Entry (among those tied) with the highest rating in the “compelling visual story” category will break the tie. Potential winners must be Lytro ILLUM owners or must have active pre-orders for Lytro ILLUM at time of the event constituting a prize, or else prize will be forfeited and awarded to an eligible potential winner.
7. GRAND PRIZES (5): a 3 day/2 night trip for winner to participate in an exclusive photo shoot (location, dates and details of event will be determined by Sponsor in its sole and absolute discretion), and up to $1,500 (awarded as a gift card to be used by winner towards procuring travel, meals and payment of costs, fees and expenses relating to the trip). Approximate Retail Value (“ARV”) of Grand Prize: up to $1,500 each. FIRST PRIZES (20): a 3 day/2 night trip for winner to participate in a photography-related event organized or hosted by Sponsor (location, dates and details of event will be determined by Sponsor in its sole and absolute discretion) and up to $1,500 (awarded as a gift card to be used by winner towards procuring travel, meals and payment of costs, fees and expenses relating to the trip). ARV of First Prize: $1,500 each. All amounts are in United States dollars.
Potential Prize winners will be notified by email and will be required to sign, have notarized and return within the time specified an Affidavit of Eligibility, Liability and, where legal, Publicity Release prior to prize award, or else Prize will be forfeited.
Prize trip packages may vary, depending on the point, date and time of departure; any difference between ARV and actual value will not be awarded. If a winner cannot travel by the dates specified by the Sponsor, that prize will be forfeited in its entirety. All travel arrangements must be made and procured by winners. Winners will be responsible for all costs and expenses not specifically stated as being included herein. Any overages, extra costs and expenses over the reasonably determined ARV amount (as determined by Sponsor) are each winner’s sole responsibility. All prize elements and details, including but not limited to availability and suitability of an event, date, time and location will be selected by Sponsor in its sole and absolute discretion. Event details are subject to change. Other trip specifics are at the sole discretion of the Sponsor. All travel and lodging is subject to availability. Blackout dates and other restrictions may apply. Winners will be required to provide valid government issued photo ID as required by travel authorities at time of travel, and to obtain and maintain all insurance (including health, liability and any other insurance). Winners acknowledge and agree that the Contest Entities are not providers/carriers of transportation, or insurance providers. No changes will be made to travel details once any element(s) of the travel arrangements have been booked. Prize conditions and/or prize elements may be added or modified by Sponsor or its designee. Contest Entities are not responsible for any changes of any element of trip, nor are they liable for any expenses incurred as a consequence of flight changes, cancellations or delays. Sponsor will not replace any lost or stolen airfare or tickets, travel vouchers, certificates or gift cards. Travel is subject to capacity controls, availability, and certain other restrictions, which may include a Saturday night stay, all of which are subject to change. Any unclaimed and/or unused element of a Prize package, or any element thereof, will remain the property of Sponsor. The Prize package restrictions/conditions stated herein are not all-inclusive and the described above may be subject to additional restrictions/conditions, which may be stated in the Affidavit (as defined herein), and/or other travel documents. In the event any winner engages in behavior that (as determined by Sponsor in its sole and absolute discretion) is: obnoxious, dangerous, threatening, illegal, disorderly; or that is intended to annoy, abuse, intimidate, threaten or harass any other person; or that causes or may cause property damage, loss or destruction of any kind, Sponsor reserves the right to terminate the trip or other applicable experience early, in whole or in part, and send winner home with no further compensation and any element of the prize, if any, still remaining will be immediately forfeited.
Trips must be arranged and completed on dates specified by Sponsor, or else will be forfeited in its entirety. Event participation has promotional value only. Prize awards are subject to final verification of eligibility and compliance with these Official Rules. In the event a potential Prize winner lives within a 100 mile radius of prize location, ground transportation will be provided in lieu of air transportation (which will not be provided as part of the prize) and Sponsor will reduce the amount of the gift card by $500 as a reduction for such unawarded air transportation. Limit one (1) Prize per person, per pre-order.
Prizes must be accepted in their entirety. No transfer, assignment or substitution of Prize (in whole or in part) is allowed, except that Sponsor may substitute a Prize, or any element thereof, of equal or greater value. Prizes are not redeemable for cash; any difference between the actual value and ARV of the Prize will not be awarded as cash, or otherwise. All federal, state, and local taxes on the Prize are the sole responsibility of the winners. In no event will Contest Entities be responsible to award more than the stated number of Prizes herein. Prize, or any element thereof including any products received as a Prize, may not be sold, resold, auctioned, bartered, or placed into any other unauthorized channels of distribution. Any Prize pictured in advertising or Contest materials is for illustrative purposes only and may not be the actual Prize awarded.
Sponsor reserves the right to and may conduct a voluntary background check on potential winners and/or Entries, and such individuals agree to cooperate, to confirm eligibility and to help ensure that awarding a Prize to any such individual will not bring the Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Sponsor, its brands, products and services, this Promotion or the Contest Entities as determined by Sponsor in its sole discretion. A potential winner who refuses or fails (in Sponsor’s sole and absolute discretion) the voluntary background check may forfeit the respective potential Prize.
8. GENERAL CONDITIONS: Sponsor has the right to verify Entrants’ eligibility and compliance with these Official Rules, and to disqualify any Entrant on the basis of its investigation. In the event of noncompliance, if an Entrant becomes noncompliant or ineligible during or after the Contest Period, or a potential winner fails to respond within the time specified, or cannot be reached within two separate attempts using the email address provided on the Entrant’s Entry, that prize will be forfeited in its entirety and an alternate winner will be selected in accordance with the applicable winner selection criteria stated herein for the respective prize. Only three (3) separate alternate attempts to notify alternate winner will be made, after which the respective prize will remain un-awarded. Prize or Prize notifications that are unclaimed, returned, unresponsive, untimely, undeliverable, or otherwise, will be forfeited and will not be awarded or re-awarded. BY PARTICIPATING, ENTRANTS AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO RELEASE, DISCHARGE AND HOLD HARMLESS THE SPONSOR, PRIZE SUPPLIERS, OTHER CONTEST ENTITIES, AND THEIR PARENT, AFFILIATES AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES, ASSIGNS AND AGENTS (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, CAUSES OF ACTION, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITAGATION OR OTHER LEGAL PROCEEDINGS ARE COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE, VIOLATION OF PROPRIETARY, PUBLICITY, PRIVACY OR ANY OTHER RIGHT), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING OUT OF USE OF THE ENTRY IN WHOLE OR IN PART, THE ACCEPTANCE, POSSESSION, USE, MISDIRECTION, OR MISUSE OF A PRIZE OR ANY ELEMENT THEREOF, PARTICIPATION IN THE CONTEST, PARTICIPATION IN PRIZE RELATED ACTIVITIES, AND ACCESS/USE OF ALL WEBSITES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF ONE OR MORE OF THE RELEASED PARTIES.
By entering and/or accepting a prize, Entrants and/or winners hereby irrevocably consent, where lawful, to the use by Sponsor and prize supplier (and its affiliated companies and their authorized representatives) of their name, image, photographs, videotape, likeness, hometown name, biographical information, and voice for publicity, trade, advertising and promotional purposes in all media now known or hereafter developed worldwide, and on the Internet and World Wide Web, without additional compensation, and without the right of review, notification or approval.
SPONSOR MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER (EXPRESS OR IMPLIED) OF ANY KIND, INCLUDING THAT ANY ENTRANT OR WINNER WILL RECEIVE FUTURE PHOTOGRAPHY CONTRACTS, PUBLICITY OR ANY OTHER PROFESSIONAL, ARTISTIC OR OTHER BENEFIT OF ANY KIND BY VIRTUE OF THEIR PARTICIPATION IN THIS CONTEST AND/OR PRIZE RELATED ACTIVITIES.
9. LIMITATIONS OF LIABILITY: Contest Entities are not responsible for any incorrect or inaccurate information, whether caused by Web site users, human error, tampering, hacking or by any of the equipment or programming associated with or utilized in the Contest and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications failure, incompatibility, theft, loss or destruction of Entries. Contest Entities are not responsible for injury or damage to Entrants or to any other persons, whether computer related, resulting from downloading materials from or use of any Sponsor-operated or Sponsor-controlled website, or travel to receive or participate in a prize. If, for any reason, the Contest is not capable of running as planned by reason of, but not limited to, tampering, unauthorized intervention, fraud, technical or other failures or errors, or any other causes which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and select the winner from eligible non-suspect Entries received prior to the action or as otherwise may be deemed fair and equitable by Sponsor in its absolute discretion.
Contest Entities shall not be liable to Entrants, winners or any other person or entity for failure to execute the Contest, or supply a Prize or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist act, cyber attack, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any similar or dissimilar event beyond their reasonable control.
In no event will the Released Parties be responsible or liable for any damages or losses of any kind, including indirect, incidental, consequential or punitive damages arising out of this Contest, participation in Contest and/or prize related activities, the use or misuse of a prize or any element thereof, or access to, and use of any participating website(s) or the downloading from and/or printing material downloaded from said site(s). WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE PROMOTION WEBSITES IS PROVIDED "AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF CALIFORNIA WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. Entrants are solely responsible for compliance with all applicable laws, rules and regulations including but not limited to tax and similar reporting obligations imposed by the Federal, state and local authorities. As a condition of participating in this Promotion, Entrants agree that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion or any element thereof shall be resolved individually, without resort to and waive their rights to claim any form of class action, exclusively before a neutral one-person arbitration panel located in Santa Clara, California.
10. SPONSOR: Lytro, Inc., 1300 Terra Bella Avenue, Suite 100, Mountain View, California 94043.