February 23-26, 2023
Water & Woods Photo Contest
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
Open only to legal U.S. residents who are 18 years of age or older as of date of entry and reside in Michigan. Void wherever prohibited by law. Contest administered in part by Employees of Showspan, Inc., Hometown Backyard (collectively, “Sponsor”), their respective affiliates, subsidiaries, advertising and promotion agencies, prize suppliers, including any vendors providing services in connection with this Contest (collectively, the “Sponsor Affiliates”) and the immediate family members (spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren) and/or those living in the same household of Sponsor or Sponsor Affiliates are not eligible. By participating, entrants agree to be bound by the Official Rules and the decisions of Sponsor.
TO ENTER: During the Promotion Period, entrants must go online to NoviCottageShow.com, follow the onscreen instructions to enter and submit at least one (1) but no more than ten (10) original photos taken by entrant that best depicts cottage and lakefront living (the “Photo” or “Entry”).
Limit of ten (10) entries per person and per household address. To be eligible for Entry, the Entry must meet the Entry Requirements set forth below. No mechanically reproduced entries of any kind permitted. Illegible and incomplete entries are void. Sponsor is not responsible for lost, late, mutilated, postage due, misdirected entries or entries not received. In the event of a dispute over who submitted an online entry, the entry will be deemed to have been submitted by the authorized account holder of the e-mail account identified on the online entry form. The authorized account holder is deemed to be the natural person who is assigned to an e-mail address by an Internet access provider, service provider, or online organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Entries become the property of Sponsor and Sponsor Affiliates and will not be returned.
Each and every Entry must comply with the following guidelines, and, by submitting any entry (whether an Entry or not), you agree and warrant all of the following:
(a) The Entry must be uploaded for entry in .jpg format and under the size limit restrictions;
(b) the Entry must be owned in its entirety by the entrant;
(c) the Photo must be the entrant’s own original Photo, created and shot by entrant; must not have been previously published, released or distributed in any form; must not have been entered into any other drawing or competition nor won any award; and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity;
(d) the Entry must not contain any material that would violate or infringe upon the rights of any third party, including without limitation copyrights, trademarks or rights of privacy or publicity, or that is defamatory, threatening, indecent, obscene or offensive, or that is unlawful, in violation of or contrary to any applicable laws or regulations, or which requires a license from any third party;
(e) You represent that you have the express consent of any identifiable persons appearing in the Photo to their likeness and image being used in the ways set out in these Official Rules, including Sponsor’s and Sponsor Affiliates’ right to use the Photo for any future commercial purpose without restrictions. Upon request, you will obtain written consent of any such persons for Sponsor or Sponsor Affiliates. If any person appearing in the Photo is under the age of majority in their state of residence, the written consent and signature of a parent or legal guardian may be required by Sponsor or Sponsor Affiliates. The Photo must not contain any personally identifiable information of any person; and
(f) the Entry must not contain any material that Sponsor or Sponsor Affiliates, in their sole discretion, deems inappropriate for public viewing. Without limiting the foregoing, the Entry must not be lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, violate any laws or otherwise contain content which Sponsor or Sponsor Affiliates in their sole discretion decides is inappropriate or objectionable.
Any entry (whether an Entry or not) that does not comply with the above requirements may not be eligible and, if submitted, may be removed at any time in Sponsor and Sponsor Affiliates sole discretion. Sponsor and Sponsor Affiliates reserve the right in its sole discretion to disqualify any entry that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. Entrants agree to reimburse Sponsor and Sponsor Affiliates in full in respect of any losses, damages, and expenses, including reasonable attorney fees that they may sustain from the breach of a representation or warranty made by the entrant or the use of any rights granted by the entrant to Sponsor and Sponsor Affiliates hereunder. By entering, entrant warrants that the submitted entry and image comply with the entry requirements set out above including those at (a)-(f) above. By entering, entrant grants to Sponsor and Sponsor Affiliates a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable, assignable license to reproduce that entry (whether an Entry or not and including, without limitation, any photo submitted) and to otherwise use, exploit, copy, modify, adapt, edit, publish and display the entry (whether an Entry or not and including, without limitation, any photo submitted) in any form, manner, venue, media or technology now known or later developed for any and all purposes, including, without limitation, for purposes of trade, advertising, and promotion as Sponsor and Sponsor Affiliates and its licensees or assignees determine, without further compensation, notification, or permission. Further, by entering, the entrant hereby waives any moral rights the entrant may have in the entry (whether an Entry or not) and/or image (whether a Photo or not) in favor of Sponsor and Sponsor Affiliates. At Sponsor and Sponsors Affiliate’s request and in its sole discretion, entrants may be required to execute an assignment and release transferring all rights and ownership of their entry (whether an Entry or not) and/or image (whether a Photo or not) to Sponsor and Sponsor Affiliates, the form of such assignment to be determined by Sponsor or Sponsor Affiliates.
JUDGING AND WINNER DETERMINATION: A panel of judges will review all eligible Entries submitted during the Promotion Period and will determine ten (10) finalists’ Photos (“Finalists”) based on the following criteria: originality, creativity and appropriateness to the Contest theme (“Judging Criteria”). The Finalists will be displayed at the Cottage and Lakefront Living Show taking place 2/23/2023 through 2/26/2023, Suburban Collection Showplace – 46100 Grand River, Novi, MI (the “Show”). Show attendees will be voting on the Finalist they like the best and at the end of the Show, the Finalist receiving the most votes will be deemed the Grand Prize Winner. Limit to one vote per Show attendee. Decisions of Sponsor, Sponsor Affiliates and judges are final on all matters. Winners will be notified by phone/email using the information provided in their entry. Limit one prize per person/household address. Odds of winning will depend upon the number of eligible entries received. Judges will make the tie-breaking decision based on the Judging Criteria.
PRIZES: One (1) Grand Prize – winner will receive two Adirondack chairs from The Fire and Feast, Outdoor Products. Prizes consist of only those items specifically listed as part of the prize. No substitution or transfer/assignment of prize by winners permitted. Prizes awarded are AS IS. If by reason of printing or other error, more prizes are claimed than the number of prizes set forth in these Official Rules, a random drawing will be held to award the advertised number of prizes in the relevant category. Under no circumstances will more than the advertised number of prizes be awarded.
Federal, state, and local taxes on prizes, if any, and any other costs, fees and expenses not listed above as specifically included as part of the prize are the sole responsibility of winner. ALL TAXES ARE THE SOLE RESPONSIBILITY OF THE WINNER. An IRS form 1099 and other tax-related forms and documents may be issued by Sponsor if required by law.
WINNER NOTIFICATION AND RELEASES: After the conclusion of the Show, Sponsor shall notify the potential winner(s). The potential prize winner(s) will be contacted via phone and email. If a potential winner does not respond after the first attempted contact from Sponsor within 3 business days, he or she will be disqualified and the prize awarded to an alternate winner as determined by random draw from the remaining eligible entries. The potential prize winner(s) may be asked to provide confirmation that he or she is the owner of the relevant email address. Each potential winner may be required, in Sponsor’s sole discretion, to complete and return an Affidavit of Eligibility, a scan or photo of legal ID, Release of Liability and/or, if legally permissible, a Publicity Release and also to have any companion(s) that will participate in the prize activities, if applicable, return the same documentation before claiming the prize or being allowed to participate in any prize activities. If any of the potential winner or the companion(s), if applicable, is under the age of majority in his or her state of residence, then the parent or legal guardian of the minor potential winner or companion(s) must sign and return all required forms. All forms must be postmarked within 10 days of the date on notification materials if return is requested via mail or forms must be completed before receipt of any prize if prizes are picked up in person. Noncompliance within this time period and/or return of any prize/prize notification as undeliverable may result in disqualification and an alternate potential winner may be randomly selected from all remaining eligible entries. Sponsor reserves the right to substitute any prize with prize of equal or greater value in its sole discretion. Acceptance of any prize constitutes permission to the Sponsor to use winners’ name, voice, statements, image and likeness for purposes of advertising and trade, in any medium, without further compensation, unless prohibited by law.
LIABILITY RELEASE & INDEMNIFICATION: By entering this Contest, you agree to release, discharge and hold harmless Sponsor, Sponsor Affiliates and their respective directors, officers, employees, agents and assigns (the “Released Parties”) from any claims, losses, and damages arising out of, or relating to, your participation in this Contest or any Contest-related activities (including, without limitation, any event attended as part of a prize) and the acceptance and use, misuse, or possession of any prize awarded hereunder (including, without limitation, any misrepresentation made by the entrant in connection with the Contest; any non-compliance by the entrant with these Official Rules; claims brought by persons or entities other than the parties to these Official Rules arising from or related to the entrant’s involvement with the Contest; acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest; any malfunction, error or other problem arising in connection with the collection, processing, or retention of entry information; or any typographical or other error in the printing, offering or announcement of any prize or winner). The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in any way in connection with the Contest.
OTHER TERMS: Sponsor not responsible for any typographical or other error in the printing, the offering or the announcement of any prize or in the administration of the promotion, whether caused by computer, technical or human error. Sponsor is not responsible for late, lost, damaged, incomplete, illegible, faulty, or incorrect transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind, any damage to any person’s computer related to or resulting from participating in the online portion of the promotion, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user’s ability to participate in the promotion whether caused by computer, technical or human error. Sponsor reserves the right to cancel or modify the promotion or any portion of it for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the promotion; or if a computer virus, bug, wireless failure, or other technical problem corrupts the administration, security, or proper administration of the promotion as determined by Sponsor, in its sole discretion. Sponsor reserves the right to disqualify, freeze or prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation or with any provision in these Official Rules. Any attempt to undermine the operation of this promotion is a violation of criminal & civil laws. Sponsor reserves the right to disqualify and/or seek damages from any individual making any such attempts to the full extent permitted by law.
GOVERNING LAW & JURISDICTION: EXCEPT WHERE PROHIBITED, ENTRANTS AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION SHALL BE RESOLVED EXCLUSIVELY BY IN THE COURTS OF MICHIGAN LOCATED IN INGHAM COUNTY, MICHIGAN, AND ANY AND ALL CLAIMS, JUDGEMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED BY ENTRANT WITH REGARD TO THIS PROMOTION, BUT IN NO EVENT ATTORNEYS’ FEES, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and sponsors in connection with the promotion shall be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules or provisions (whether of Michigan or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Michigan. The courts of Michigan in Ingham County shall be the exclusive forum for any dispute relating to these Official Rules and/or this promotion. All participants and winners agree, by their participation in the Contest, to submit to the personal jurisdiction of the courts of Michigan in Ingham County and waive the right to contest jurisdiction.
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.
SPONSOR: ShowSpan, Inc. 2121 Celebration Dr. NE, Grand Rapids, MI 49525