JEFF DIETZ PHOTOGRAPHY

OFFICIAL GENERAL CONTEST RULES

OFFICIAL GENERAL CONTEST RULES

Any individual who enters, attempts to enter or in any way participates or attempts to participate in any contest, sweepstakes or giveaway (“Contest”) conducted by Jeff Dietz Photography (“Jeff Dietz”) (each such individual is hereinafter referred to as a “Participant”) agrees to be bound by the terms and conditions provided in these Official General Contest Rules (“General Rules”), as well as by Jeff Dietz Photography’s interpretations of these General Rules which are final and binding in all matters relating to any Contest. 

NO PURCHASE NECESSARY:

No purchase is necessary to enter or win a prize. A purchase will also not improve your chances of winning.

APPLICABLE LAW (VOID WHERE PROHIBITED):

All Contests are subject to and governed by applicable federal, state and local laws and regulations. Participation in this Contest is void where prohibited or otherwise restricted by law.

CONTEST CANCELLATION, SUSPENSION OR MODIFICATION:

Jeff Dietz Photography reserves the right to cancel, terminate, modify or suspend any Contest if the Contest is not capable of being completed as planned for any reason, including, but not limited to, infection by computer virus, “bugs,” tampering, unauthorized intervention, fraud, or technical failures of any kind or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of any such Contest.

CONTACT INFORMATION / PRIVACY:

Jeff Dietz Photography respects our clients and their privacy. We will not sell or give out your information to any third party without your permission. We will however make a courtesy call to the number listed on the form, as a one time offer for a free consultation, as well as to announce and notify the winners. We do not at this time do direct postal mail advertisements, or email newsletters without additional step and opportunity for you to choose if you would like to be included for future updates. (meaning you will be able to indicate in the future if you would like to be added to any such mailings). Your information stays safe and secure to our offices only. By entering the contest, you are giving us permission to try and reach out to you about our portrait offerings, but we will not abuse this opportunity.

ELIGIBILITY:

Geographical, Age and Parental Consent Requirements: Unless otherwise specified, each Contest is open to legal residents of the state of Texas, who are at least 18 years of age or older at time of entry. If a Participant has not reached the age of majority in the jurisdiction in which the Participant resides, they must obtain permission from their parent or legal guardian prior to entering a Contest

Past Prize Winners: Participants may only win a Contest once every thirty (30) days. However, where a Participant has won a prize valued over $600, the Participant is ineligible to win another prize for a period of twelve (12) months. Participants who have won an Texas Monthly Contest in the last thirty (30) days or who have won prizes valued over $600 in the last twelve (12) months are ineligible.

HOW TO ENTER:

Methods: Entry is made only by filling out the form on the previous website. This website is linked by a short url as well as a QR code on a handout given to each family as they enter the Prosper High School football game on September 20, 2018. 

Entry Period: As indicated on the handout and website, all entries must be obtained by the end of the 4th quarter (game completion) of the game on September 20, 2018 to be counted. You may enter the contest any time after receiving your handout, throughout the entire game.

Entries Are the Sole and Exclusive Property of Jeff Dietz Photography: All Contest entries and/or related submissions become the sole and exclusive property of Jeff Dietz Photography upon transmission. Contest entries will not be returned and may be used by any Contest Entity for any purpose whatsoever related to any Contest, without additional compensation to the participant or any other individual or entity.

Disclaimer of Responsibility for Entries: Jeff Dietz Photography is not responsible for problems with Contest entries, including but not limited to, entries which are lost, late, misdirected, damaged, incomplete, illegible, or cannot be completed due to electronic or technical difficulties, even if the problem is the result of the sole or partial negligence of Jeff Dietz Photography.

Multiple Entries: multiple entries are NOT permitted. 

False Fraudulent or Deceptive Entries or Acts: Participants who, in the view of Jeff Dietz Photography, provide false, fraudulent or deceptive entries or who engage in false, fraudulent or deceptive acts in connection with the Contest will be disqualified and subject to criminal prosecution.

Web Entries: Participants must accurately complete all required fields or the entry will be deemed incomplete and will not qualify.

PARTICIPATION PROBLEM DISCLAIMER:

Even if alleged to be caused by the sole or partial negligence of Jeff Dietz Photography or other Contest Entity, Jeff Dietz Photography and the other Contest Entities are not responsible for any problems which affect, or result from, Participation or attempted Participation in the Contest. This includes, but is not limited to, the following problems:

  1. Incorrect, incomplete or inaccurate entry information;
  1. Human errors;
  1. Failures, omissions, interruptions, deletions or defects of any wireless network, telephone network, internet service, computer systems, servers, utility providers, or software;
  1. Identity theft;
  1. Tampering, destruction or unauthorized access to, or alteration of, entries or computer data;
  1. Network hackers or other unauthorized access to Jeff Dietz Photography computer network;
  1. Data that is processed late or incorrectly or is incomplete or lost due to wireless network, telephone network, computer or electronic malfunction or traffic congestion on wireless or telephone networks;
  1. Printing errors;
  1. Equipment malfunctions; and
  1. Late, misdirected, lost, misplaced, illegible, mutilated or postage-due entries.

RELEASE OF LIABILITY AND INDEMNIFICATION:

NOTE: Prosper High School, McKinney High School, or any company working on their behalf are in no part affiliated with this contest or the selection of winners. 

As consideration for entering a Contest, all Participants agree to RELEASE, DISCHARGE AND COVENANT NOT TO SUE Jeff Dietz Photography, the other Contest Entities (as described above) and each of their respective direct and indirect affiliates, divisions, parent and subsidiary companies, officers, employees, shareholders, representatives, managers, members, directors, owners, agents, insurers, attorneys, predecessors, successors, and assigns thereof (collectively, the “Released Parties”), from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Contest, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties.

Additionally, as consideration for entering the Contest, all Participants agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties in any action or proceeding from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Contest or for their failure to comply with the terms of the above release provision. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties.

ODDS OF WINNING:

The odds of winning any Contest and/or prize will depend upon the number of Contest Participants.

PRIZES:

Descriptions of prizes are announced for the contest on the entry website and handouts. No transfer, assignment or substitution of a prize is permitted, except Jeff Dietz Photography reserves the right to substitute a prize for an item of equal or greater value in the event an advertised prize is unavailable. Any difference between the actual value and the approximate retail value of any prize will not be awarded. No substitution or cash equivalent will be made.

The prize amount is given in the form of a gift certificate to be used in it’s entirety at the time of use and is not redeemable for cash. The Gift Certificate amount awarded may or may not include the entire amount you end up spending at Jeff Dietz Photography, which is dependent on the type of photographic session you select, as well as the artwork you would like to purchase from the photographic session.  

REDEMPTION:

Gift Certificate must be used within 90 days of notification of winning, unless otherwise specified by Jeff Dietz Photography.

TAXES:

The Participant prize-winner is solely responsible for determining and paying all federal, state and local taxes (including any sales taxes). Any person winning over $600 in prizes during any one year period will receive an IRS Form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS.

Winner Selection:

Prizes will be selected based on the answers in the section of telling us 25 words or less why you would love to have this photographic experience. Going over 25 words is not be a reason for disqualification. 
The decisions of Jeff Dietz Photography and/or the other judges will be final as to all matters including the accuracy and/or completeness of the answer, as well as the quality of the information or other performance. If a winner is unable to be notified for any reason for any amount of time or the winner decides not to accept, the applicable prize may be forfeited and awarded to an alternate winner.

Being selected as a winner does not mandate that the winner has to use the gift certificate. If they decide after winning and speaking with us, that a photographic session with Jeff Dietz Photography will be something out of their price range, customer preference, or any other reason, they may forfeit their prize at their choice. 

HOW TO CLAIM PRIZE:

Claiming the Prize: The winners will be mailed a gift certificate and/or reached by phone to be announced as the winners. From the time announced, the winner has 7 days to notify Jeff Dietz Photography in order to start the consultation process. 

Prerequisites to Prize Award: Winner in order to redeem their gift certificate with Jeff Dietz Photography, must adhere to and follow all normal procedures of Jeff Dietz Photography for any other photo shoot that would be booked normally. This includes the types of photo shoots that Jeff Dietz Photography offers, the companies personal style, photo shoot timing requirements, regular pricing and artwork purchases, and any other procedures such as in person photo premiere presentation and pre-shoot consultations.

Prize Forfeiture: Unless otherwise stated, winners shall have thirty (7) days from the date of selection to contact Jeff Dietz Photography to start the process. Failure to claim and pick up prize within this time for any reason will result in forfeiture of the prize. Jeff Dietz Photography, reserves the right, in its sole discretion, to award unclaimed prizes to alternate contestants or not to award the unclaimed prizes.

Additional Costs: Any costs relating to the prizes are the sole responsibility of the winner.

RULES CHANGES AND INTERPRETATIONS:

Jeff Dietz Photography, reserves the right in its sole discretion to supplement or make changes to these General Rules as well as the rules of any contest at any time without notice. Jeff Dietz Photography, reserves the right in its sole discretion to interpret the rules of any contest, and such interpretation shall be binding upon all participants.

GOVERNING LAW AND JURISDICTION:

This Contest shall be governed by and construed in accordance with the laws of the State of Texas, without reference to its conflict of laws principles. By entering the Contest, Participants hereby submit to the jurisdiction and venue of the federal and state courts of Texas and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum. In no event, will any Participant be entitled to injunctive relief or equitable relief of any kind, or restrain the continuation of any Contest.

GENERAL RULES/LIST OF WINNERS:

Copies of these General Rules (as well as any Specific Contest Rules) may be obtained by sending a self-addressed stamped envelope to: Jeff Dietz Photography,, Jeff Dietz – 9868 Wild Ginger Drive McKinney, TX 75070. 

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