“Photo of the Week” Official Terms & Conditions

Backdrop Express’ Photographer of the Week Contest – Official Rules

**ENTRY IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES**

The Backdrop Express Photo of the Week Contest (the “Contest”) is a skill-based contest sponsored by Backdrop Express (“Backdrop Express”), where participants must submit a photo of a Backdrop Express product, in accordance with these Official Rules (“Rules”). Each week during the Contest Period, Backdrop Express staff will select one photo entry as the Photo of the Week (“Weekly Winner”). If selected, the entrant of that photo will receive a $25 USD Gift Certificate to Backdrop Express. See below for complete details. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK. ENTERING THIS CONTEST IS CONSIDERED A COMPLETE RELEASE OF FACEBOOK BY EACH ENTRANT OR PARTICIPANT. PARTICIPATES ARE PROVIDING INFORMATION TO BACKDROP EXPRESS AND NOT TO FACEBOOK. I.            Binding Agreement
    1. In order to enter the Contest, you must agree to these Rules. Please read these Rules prior to entry to ensure you understand and agree. You agree that submission of an entry in the Contest constitutes agreement to be bound by these Rules and by the decisions of the judges, which will be final.  You may not submit an entry to the Contest and are not eligible for selection unless you agree to these Rules and conditions. These Rules form a binding legal agreement between you and Backdrop Express with respect to the Contest.
II.            Eligibility Requirements
    1. The following conditions must be satisfied and agreed to in order for your initial Entry to be accepted and to be selected as a Weekly Winner.
      1. You must be 18 years of age or over as of January 1, 2013.
      2.  The Contest is operated under and in accordance with U.S. laws.  By entering, you attest that your entry or participation in the Contest does not violate any laws or regulations of your home country.  This Contest is void where prohibited.
      3. Your involvement in the Contest is entirely at your own risk. You agree to and do hereby release Backdrop Express and its officers, directors, agents, representatives and employees, and all others connected with the Contest, as well as Facebook, from any and all claims, actions, damages, liabilities, losses, costs and expenses, in any way arising out of or resulting from your involvement in the Contest, including, without limitation, any and all claims, actions, and liabilities for injury, loss or damage to you, to anyone else or to any property, regardless of whether or not such injury, loss or damage was caused by the negligence or misconduct of Backdrop Express or any of its respective officers, directors, agents, representatives or employees, anyone else connected with the Contest operation or administration, or Facebook.
      4. You agree to indemnify Backdrop Express and its respective officers, directors, agents, representatives and employees, and all others connected with the Contest and hold them harmless from any and all liabilities, claims, actions, damages, expenses and losses (including, without limitation, legal fees) of any kind or nature whatsoever in any way caused by or arising out of your involvement in the Contest.
    III.            Contest Period
    1. The Contest submission period (the “Contest Period”) begins at 12:01pm Eastern Standard Time (EST) on September 12, 2013, and will continue indefinitely per the sole discretion of Backdrop Express. Backdrop Express reserves the right to conclude or terminate the Contest at any time, for any reason, without notice.
    IV.            How to Submit an Entry
    1. To enter the Contest, visit the Backdrop Express Photo Submission Page (the “Contest Site”) at BackdropExpress.com/Photo during the Contest Period and follow the instructions for submitting an original photo, in accordance with the guidelines below.
      1. In order to be accepted, your Entry photo must:
        1. Be original, and be taken by you.
        2. Be submitted with a complete an accurate application form.
        3. Be of or related to a product that is or was sold by Backdrop Express.
      2. In order to be accepted, your photo must also:
        1. Contain NO nudity, profanity or obscenities;
        2. Contain NO harmful or illegal activity or in any way violate any law, statute, ordinance or regulation;
        3. Contain NO third-party commercial or corporate advertising (including, without limitation, corporate logos, brand names, and slogans), recognizable branded product, commercial artwork or political or religious statement. Personal branding, such as the name, logo or watermarks of an entrant’s own personal photography studio, company, or brand is allowed, provided such branding is in compliance with all other terms, rules, and regulations of the Contest.
        4. Entries cannot infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright, trademark, trade secret, or right of privacy or publicity and will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims for payment whatsoever.
        5. Not be defamatory, trade libelous, false, fraudulent, deceptive, misleading, threatening, slanderous, libelous, disparaging, unlawfully harassing, profane, pornographic or obscene, hateful, indecent, inappropriate or injurious to any third party.
      3. You may submit as many Entry Photos as you like, as long as each photo is unique and not a copy or duplication of a previous photo entry. Each unique Entry Photo will be judged on its own merits.
      4. All photos will be reviewed by Backdrop Express for quality assurance. All Entry Photos that meet the Contest guidelines will be displayed on the Contest Site, and on other Company websites and blogs for public viewing, at Backdrop Express’s sole discretion. Backdrop Express reserves the right, at its sole discretion, to remove or deny any Photo Entry if a complaint is received with respect to the Photo, or for any other reason.
      5. Backdrop Express shall be entitled to use an Entrant’s application, name, company name, and other biographical information for promotional and publicity purposes at its sole discretion, in perpetuity and without compensation, unless prohibited by law.
      V.            Intellectual Property Rights
    1. By submitting an Entry Photo during the Contest Period, each entrant:
      1. Warrants that his/her Photo(s) are his/her own original work.
      2. Represents that no one other than the entrant, the associated school(s), student(s) model(s) and agencies have any rights to the Entry Photo, including trademark rights.
      3. Retains all rights to any Entry Photo – including ownership if applicable.
      4. Grants to Backdrop Express, its agents, dealers and representatives (the “Licensed Entities”), rights to publish, display, modify, or otherwise use his/her Entry Photos(s) in any and all media for promotional and publicity purposes of Backdrop Express, the Contest, or for any other reason, without further review, notice, approval, or compensation. Such media channels include, but are not limited to: websites, blogs, social media networks, online advertising, and email marketing. The Licensed Entities may, but are not required to, attribute a Photo to an entrant.
      5. Waives all “moral rights”, “droit moral” or unfair competition with respect to use of his/her Photo in favor of Backdrop Express.
      6. Waives and agrees to release and hold harmless Backdrop Express and its respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) from and against any and all claims that entrant may now or hereafter have in any jurisdiction based on such rights or based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action.
    2. Backdrop Express reserves the right, at its sole discretion, to modify, edit or remove any Photo, or to request an entrant to modify or edit his or her Photo, if a complaint is received with respect to the Photo, or for any other reason. Each entrant agrees to immediately supply original photo and source files upon request.
    3. Each entrant agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Backdrop Express, its sublicensees, agents, and representative, on the grounds that any use of any entry, photo or any derivative works, infringe or violate any of entrant’s rights therein.
    4. Each entrant acknowledges and agrees that nothing in these Rules require Backdrop Express to use a Photo in part or in whole or to include a Photo in any related property.
VI.            Judging
    1. Each eligible Entry Photo will be judged by a panel of Backdrop Express staff and evaluated based on the following criteria, of equal weight: adherence to the Contest guidelines, style, creativity, and production values. Votes, shares and other social engagement activity may be factored into the decision, but will not be a sole deciding factor.
    2. Backdrop Express reserves the right to select additional Weekly Winners or to not select a Weekly Winner at any point during the Contest Period for any reason.
    3. All decisions regarding eligibility, photos, and all aspects of the judging process will be made by Backdrop Express at its sole discretion.
    4. Weekly Winners will be notified by Backdrop Express via e-mail on the day of the announcement, using the information provided in the entry process. Weekly Winners must reply to Backdrop Express and accept their prize within 30 days of being selected or the Weekly Winner forfeits their prize.  Disqualification may result if the notification is undeliverable, if the potential Weekly Winner fails to comply with these Official Rules, or if the potential Weekly Winner is determined to be ineligible for any reason.
VII.            The Prize
    1. Following the selection of every Weekly Winner, the entrant photo and name of photographer will be published to Backdrop Express’ Facebook Fan Page (http://www.facebook.com/BackdropExpress).
    2. The Weekly Winner may also be announced on other Backdrop Express websites and social networks, including but not limited to: Backdrop Express’ blog (http://blog.backdropexpress.com), website (http://www.backdropexpress.com), Twitter (http://www.twitter.com/backdropexpress), and Pinterest (http://www.pinterest.com/backdropexpress.
    3. Following the acceptance of the prize by the Weekly Winner, Backdrop Express will provide the Weekly Winner with one USD $25 Backdrop Express Gift Certificate which can be used towards the purchase of any product listed on Backdrop Express (http://www.backdropexpress.com).
    4. Finalists and Winners are responsible for any and all tax obligations associated with participation in the Contest.
VIII.         Right to Cancel, Modify or Disqualify
    1. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Backdrop Express reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest.  In such event, Backdrop Express will announce such decision on the Contest Site.
    2. Backdrop Express further reserves the right to disqualify any entrant who tampers with the submission or voting process or any other part of the Contest or Contest Site; violates these Official Rules; or acts in an unsportsmanlike or disruptive manner at any time during the Contest; or with intent to annoy, abuse, threaten or harass any other person. Any attempt by an entrant to deliberately damage any web site, including the Contest Site, or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Backdrop Express reserves the right to seek damages from any such entrant to the fullest extent of the applicable law.
IX.            Privacy
    1. Participants agree that personal data including, but not limited to, name, mailing address, phone number, and email address may be collected, processed, stored and otherwise used for the purposes of conducting and administering the Contest. This data may also be used by Backdrop Express to verify an entrant’s identity.
X.            Severability, Governing Law, and Limitations of Liability
    1. These Rules shall be governed by, subject to, and construed in accordance with the laws of the United States of America, excluding all conflict of law rules.
    2. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
    3. Backdrop Express is not responsible for entries that cannot be processed due to phone, network, electronic or computer hardware or software failure, or technical failures of any kind.  Backdrop Express is also not responsible for any changes or effects caused by or to the entrant’s computer system as a result of submitting electronic entries.
ANY CLAIMS, JUDGMENTS, AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS CONTEST.  ENTRANT WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEYS’ FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.  BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST OR ANY PRIZE AWARDED WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY SO THE ABOVE MAY NOT APPLY TO ALL ENTRANTS. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, privacy policy or terms of use on the website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.