Photo Lab Design Contest’s Terms & Conditions

1. General

By entering the Photo Lab Design Contest (“the Contest”) you are allowing Linerock Investments LTD, the developers of Photo Lab, to store and use your information for marketing purposes. We will not share your information with third parties without your permission. By submitting your combo you agree that Linerock Investments LTD has no obligation to publish it. You must be the author or copyright holder of the images, edited with Photo Lab and submitted by you for the Contest. One Winner will be selected each week.

Please read the following Terms and Conditions (“the Terms”) carefully. If you enter this competition, we assume that you have read and agreed to these rules. Linerock Investments LTD has the right to modify these Terms at any time. If we do so, the amended Terms will be published on the the competition page.

2. Eligibility

To be eligible to enter the Contest, the participant must be at least 13 years old. Participants/entrants are responsible to make sure that their combo complies with their domestic laws. Participants must be registered as a member of the Photo Lab’s app community. By participating, all entrants agree to comply with the Terms and to accept all decisions made during this Contest by Linerock Investments LTD, which are final and binding on all matters pertaining to this Contest.

3. Participation

To submit a combo, participants must

1) use Pho.to designer’s tool to design their own effect

2) upload and use the effect to create a combination of effects (combo) in the Photo Lab app (the permission of all persons in the photo and of the photographer are assumed to be obtained by the user)

3) be registered members of the Photo Lab social community.

4) use special form on the contest page to submit a combo for the contest.

5) read and agree to the Terms, including the making of the warranties and representations included.

The Contest begins every Monday and lasts for one week. Combos eligible for participation should be submitted by 11 pm (UTC) on Sunday. The winner during the week.

There is no maximum to the number of combos a participant can post. Submitted Combo must be clear and of good quality.

Any inappropriate photos will be rejected from the Contest and will be disqualified. Linerock Investments LTD is to decide upon any disqualification of a photo for being “inappropriate”, and such a decision will be final, binding, and will not be subject to appeal.

Any fraudulent and/or automated entries will lead to disqualification of a Combo. Determination of any such disqualification will be at the sole discretion of Linerock Investments LTD.

No purchase necessary in order to participate in the Contest.

4. Conditions of Participation

A participant who submits a photo must make the following representations and warranties at the time of submission and afterwards:

1. The participant is the author and copyright holder of the photo or has obtained the permission of the photographer who took the photo to upload the photo for this Contest and the photographer has agreed to grant all rights in the photo to participant. Using stock photography as part of the Combo is acceptable as long as the participant has obtained the photo legally and in full accordance of the stock photography provider’s rules and regulations;

2. The Combo was created using the Photo Lab app;

3. Use of the content that participant supplies does not violate these Terms.

Each participant who submits a Combo agrees and warrants that they will not submit any content:

1. that is known by participant to be false, inaccurate or misleading;

2. that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights, as well as rights of publicity or privacy for which participant has not obtained a license to use ;

3. that violates any law, statute, ordinance or regulation;

4. that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;

that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;

Linerock Investments LTD may, but is under no obligation to, monitor or review the contents of the submitted Combos and may reject and refuse to accept for participation any material that it finds, in its sole opinion, objectionable or in violation of any applicable law or of these Terms. The Participant are fully responsible for the content of the Combos they provide for the Contest.

5. Contest winners

Out of all accepted submissions, one (1) combo will be chosen by Linerock Investments LTD every week. The main criterion is the number of unique reposts of the combination, made in the Photo Lab app by the users. Unique means that if a user re-posted a combo more than one time, only one repost will count. Author’s repost are discarded. The minimum number of unique reposts a combo has to gain to become a nominee is twenty (20).

If Disputable Cases arises, Linerock Investments LTD will review the participants’ entries and select the top one (1) combo that best uses the possibilities provided by Photo Lab.

The Winner may be posted on the Photo Lab Instagram account following the selection; and may be announced via the Photo Lab Facebook and/or Twitter and/or Instagram and/or Pho.to Blog (www.blog.pho.to) and/or published on the Photo Lab website (pho.to/www.photolab.me).

Winners of the prizes must meet all of the Conditions of Receipt of Prizes as specified below. The Winners must comply with these Terms. False or deceptive entries or acts will render the participant ineligible. If such information is discovered by Linerock Investments LTD after the Winner has received notice of the prize and before the prize is awarded, Linerock Investments LTD will withdraw the prize in its entirety.

The process of deciding on the winner is conducted by Linerock Investments LTD, whose decisions on all matters relating to the choosing the winners shall be final and binding. At the sole discretion of Linerock Investments LTD, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: (1) a potential winner’s failure to respond to notification of his/her win within seven (7) days after its transmission; (2) a potential winner’s failure to provide Linerock Investments LTD with satisfactory proof of age, identity and residency; and (3) any other non-compliance with these Terms. In the event of a prize forfeiture, Linerock Investments LTD may, in its sole discretion, award or not award the forfeited prize to an alternate winner.

6. Prizes

Prize consists of One Thousand Dollars ($1,000.00) which will be awarded to the Winner in the form of a wire transfer in EURO equivalent.

Only the determined and notified winners may receive the prize. In the event of a dispute as to the identity of a Winner, the winning Combo will be declared made by the person associated with the unique email address and user account ID that was submitted via submission form on the Contest’s page. If anyone commits any illegal or fraudulent acts or if there are any errors in the administration of this contest that prevents the determination of the prize enumerated above, Linerock Investments LTD has the right to cancel this contest, including the right to decide not to award any prizes.

7. Notification

The potential Contest Prize winners (or a parent/legal guardian if potential winner is a minor in their state of residence) will be notified by email, provided on submission. Failure to reply to the notification letter within seven (7) days may result in the potential winner being disqualified.

If a potential Contest Winner cannot be contacted or prize notification is returned as undeliverable, potential winner forfeits the prize and an alternate potential winner will be selected by Linerock Investments LTD. If a potential winner chooses to decline a prize for any reason or fails to comply with any requirement of these Terms, he/she will be disqualified and the prize will be forfeited.

8. Conditions of Receipt of Prize

Conditions of receiving the prize are discussed individually with the author of the winning Combo via email. The winner is responsible for all applicable taxes.

9. License by Participant

For any content that you submit and to the extent that you hold any rights in the photo submitted, you grant Linerock Investments LTD a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

10. Use of Photos and Information

These Terms do not obligate Linerock Investments LTD to publish or otherwise use any information submitted in connection with this Contest. In Linerock Investments LTD’ sole discretion and in conformity with applicable law, the name of the submittor of the selected Combo (the Winner) and/or his/her photo and caption may be posted on the Pho.to/photolab.me website and on related social and electronic media outlets, and may be published in any other applicable media. By participating in the Contest, each Winner consents to the use of the photo submitted, and his/her name submitted for advertising and publicity purposes without further compensation, and without the right of review, notification or approval, where permitted. To the extent of any conflict between Photo lab’s privacy policy, these Terms, these agreed upon terms will supersede.

11. Modification or Cancellation

Linerock Investments LTD has the right to modify or cancel the Contest without prior notice in case of any event, including but not limited to a virus, bug, technical issue, unauthorized intervention, fraud, problems with Facebook/Instagram/Blog, or other cause beyond Linerock Investments LTD control. In the event of cancellation, Linerock Investments LTD choose a winner from among all eligible participants who entered the Contest prior to cancellation.

12. Liability

Linerock Investments LTD is not responsible for any error, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Linerock Investments LTD is not responsible for any problems/technical malfunction on Facebook or Instagram or the Pho.to or Photolab.me website or blog (blog.pho.to), computer online systems, servers, or providers, hardware, software, failure of any combo to be received by Linerock Investments LTD on account of technical problems, human error or traffic congestion on the Internet or at any website, lost or unavailable network connections, fraud, incomplete, garbled or delayed transmissions, or any combination thereof, including any injury or damage to your or any other person’s computer relating to or resulting from participation in the Contest or downloading any materials in the Contest, or which limits your ability to participate in the Contest. Winners agree that Linerock Investments LTD and its affiliates, and their respective directors, officers, employees, assigns, agents and representatives are not liable whatsoever for injury, damage, expense, accident, delay, irregularities, loss or claim caused or claimed to be caused, directly or indirectly, by participation in the Contest, or by the acceptance, possession, use or misuse of any prizes awarded. By entering the Contest, you release and hold harmless Linerock Investments LTD and its affiliates, and their respective directors, officers, employees, assigns, agents and representatives from any and all liabilities, injuries, claims, losses, damages to any person or expenses of any kind arising, directly or indirectly, from or in connection with, in whole or in part, participation in this Contest or the acceptance and/or use or misuse of any prizes awarded or claims based on publicity rights, defamation, or invasion of privacy. Any and all claims, judgments and awards shall be limited to reasonable actual out of pocket costs incurred, including costs associated with entering the Contest, but in no event shall you be entitled to attorneys’ fees. Under no circumstances will you be permitted to obtain awards for and you hereby waive all rights of claim to punitive, incidental and consequential damages and any other damages, other than for reasonable actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Linerock Investments LTD makes no warranty, express or implied, with respect to the condition of the prize, or any product or service purchased therewith, including any warranty of merchantability or fitness for a particular purpose. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above limitation or exclusions may not apply to you.

13. Dispute Resolution

All decisions made by Linerock Investments LTD on all matters related to the Contest and selection of the prize winners are final. When submitting Combo for the Contest you agree to these rules and with Linerock Investments LTD’s decisions. All disputes and claims connected with the Contest, or any prizes awarded, are to be resolved individually through negotiations. These Rules are subject exclusively to the the legislation of the Commonwealth of Dominica and is interpreted only in accordance with it.

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