TERMS & CONDITIONS
Engagement Session Contest
Please read these Official Rules carefully before entering the “Engagement Session” Contest (the “Contest”). By entering the Contest, you agree that you have read and are bound by the terms and conditions set forth below as if you had signed a written contract. If you do not agree to the terms and conditions set forth below, you may not enter the Contest.
- Sponsor: The Contest is sponsored by Doug & Ashley Photography, LLC, a domestic limited liability company located at 3301 N. 23rd West Ave., Tulsa, OK 74127 (the “Sponsor”). No other entity is responsible for this Contest or the award of any prize.
- The Contest Period: Entries for the contest will be accepted from May 5th, 2023 at 12:01 am. Central Standard Time (CST) through May 15th, 2023 at 11:59 pm. CST (the “Contest Period”). A clock chosen by Sponsor will serve as the official time-keeping device for the Contest.
- Eligibility: The Contest is open only to permanent legal residents of the state of Oklahoma, Arkansas, Missouri, & Texas in the United States, who are at least 18 years old as of the date they enter the Contest, who enter the Contest as one couple made up of two persons in a romantic relationship who intend to be married, and who enter the Contest as described in the “Entry” section below. Every such person who enters the Contest is referred to in these Official Rules as an “Entrant,” “you,” or “your.” Employees of Sponsor, its affiliates, parents and subsidiaries, the Contest administrator, their advertising or promotion agencies, those involved in the production, development, implementation or handling of this Contest, any agents acting for, or on behalf of the above entities, their respective parent companies, officers, directors, subsidiaries, affiliates, licensees, prize suppliers, any other person or entity associated with this Contest and/or members of their immediate families (spouses, children, siblings, parents) and/or persons living in the same household as such persons, whether or not related, are ineligible to enter this Contest or win. All federal, state and local laws and regulations apply.
- Entry: Limit one (1) entry per eligible couple as described in Section 3 above. How to submit an entry (“Entry”) for the Contest: access a submission form, available at https://dougandashleyphoto.com/win-free-engagement-session and fill out the entire form. Electronically submit the completed form. All other rules and procedures, provided at https://dougandashleyphoto.com/win-free-engagement-session, and interpreted and enforced at the Sponsor’s sole discretion, are binding upon every Entrant. In order to be eligible for the Contest, you must have registered with the Sponsor during the Contest Period. Any attempted form of entry into this Contest other than as described herein and at https://dougandashleyphoto.com/win-free-engagement-session is void. Any Entrant who submits more than one (1) Entry by any method will be disqualified. Any entries that do not follow the requirements provided in these Official Rules may, at the sole discretion of the Sponsor, be considered void and will be destroyed.
- Selection of Winner or Winners: On, after, or about May 30th, 2023, Sponsor will, at its sole discretion, choose at least one winner from the entries duly submitted to Sponsor. Sponsor may, at its sole discretion, choose more than one winner to receive the prize package described below. The Sponsor will choose a winner or winners based on the answers provided in the submission form described herein. The winner or winners will be selected at the Sponsor’s sole discretion, and the Sponsor may but is not required to choose the winner or winners based on Entrants’ background, characteristics, and potential for future business engagement.
- Prize: Each winner will receive one (1) free Engagement Session, administered by the Sponsor and as described in a subsequently provided Portrait Agreement. The approximate retail value (“ARV”) of the Prize is $500.
- General Prize Conditions: Prizes cannot be exchanged, redeemed for cash, transferred, or combined with any other offer. All entries become the property of Sponsor. To receive a prize, Entrant must validly execute a Portrait Agreement as provided by the Sponsor. The winner or winners must schedule the Engagement Session photo shoot within two weeks of being notified and must complete the session by July 31st, 2023, unless the Sponsor is unavailable for the session prior to that date. Additional compensation will not be provided if actual value of any prize received is less than stated ARV. The value of the Prize may not be used as cash value or any other credit to be applied against any other services, past or future, offered by the Sponsor. All expenses not specifically mentioned herein, including, but not limited to, any license fees, travel, lodging, costs of participating, and all other incidental costs, as applicable, are the sole responsibility of each Entrant. No substitution, transfer or cash equivalent for a prize (or prize component) will be offered, except that Sponsor, at its sole discretion, may substitute a prize (or prize component) of equal or greater value for any reason. Any depictions of a prize or prize elements are for illustrative purposes only. All prize details are decided at the sole discretion and decision of the Sponsor. In the event that a component of any prize is not available for any reason beyond Sponsor’s control, then remaining elements of the prize shall constitute full satisfaction of Sponsor’s prize obligation to winner and no additional compensation will be awarded, except at Sponsor’s sole discretion. Each winner will be solely responsible for all taxes on any prize won. Non-winning entries will not be retained for any subsequent Contest, sweepstakes, or giveaways. Each potential winner will be notified by phone or email. When a potential winner is contacted by email, he or she will have forty-eight (48) hours to respond to the notification email, or his or her Entry may be disqualified and/or his or her prize forfeited, and an alternate potential winner may be selected from among all remaining eligible entries. If an Entrant changes his or her email address after he or she registers, it is his or her sole responsibility to update the Sponsor. Failure to update registration information may affect a potential winner’s ability to receive a prize. If a winner for any prize cannot be confirmed by June 15th, 2023, then the Sponsor may choose not to award that prize.
- General Release: By entering the Contest, you release Sponsor, its respective parent companies, subsidiaries, affiliates, directors, officers, employees, and agencies (collectively, the “Released Parties”) from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest, your participation in the Contest, or delivery, mis-delivery, acceptance, possession, use or misuse of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), hardware, software or telephone failures of any kind, cost or unavailable network connections, fraud, incomplete, garbled or delayed computer transmissions, whether caused by Sponsor, users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of submissions which may damage a user’s system or limit an Entrant’s ability to participate in the Contest, whether under a theory of contract, tort (including negligence), warranty or other theory.
- Disclaimers: Released Parties are not responsible or liable for entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limit, or for entries that are illegible, late, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, incomplete, or otherwise not in compliance with these Official Rules, and all such entries will be disqualified. By registering for and entering the Contest, you agree and acknowledge to be bound by these Official Rules, as well as the decisions of Sponsor which are final and binding in all respects with regard to the Contest, and to waive any rights to claim ambiguity with these Official Rules. Each Entrant further agrees to indemnify and hold harmless the Released Parties from any and all liability resulting or arising from Contest and to release all rights to bring any claim, action or proceeding against Released Parties, and hereby acknowledge that said Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a prize supplier that may be sent along with a prize.
- Collection of Information: Respecting your privacy is a priority for the Sponsor. The information you provide to us upon successfully entering into the Contest is processed in our computer system in the United States. By entering and participating in the Contest, Entrants consent to receive information sent to you by the Sponsor. However, you will be given the opportunity to opt out of emails from the Sponsor. Please contact the Sponsor for more information about its privacy policies.
- Limitations of Liability: Disclaimer of Warranties: IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THE CONTEST OR ACCESS TO OR USE OF THE PRIZE. IN NO EVENT SHALL THE RELEASED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE PRIZE VALUE. WITHOUT LIMITING THE FOREGOING, THE CONTEST AND ALL PRIZES ARE 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 OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, each Entrant agrees (except where prohibited) that, by entering the Contest, (a) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or the prize awarded, shall be resolved individually without resort to any form of class action; (b) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorney’s fees; and (c) under no circumstances will any Entrant be permitted to obtain any award for, and each Entrant hereby waives all rights to claim, any punitive, incidental or consequential damages, and any and all rights to have damages multiplied or otherwise increased, and any other damages other than damages for actual out-of-pocket expenses, if any.
- Force Majeure: Without limiting any other provision in these Official Rules, the Released Parties are not responsible for or liable to any Entrant or winner, or any person claiming through such Entrant or winner, for failure to supply the Prize or any part thereof due to any Contest activity or being affected, as determined by Sponsor in its sole discretion, by reason of, without limitation, (a) any acts of God; (b) any law, rule, action, regulation, order or request by any local, state or federal governmental or quasi-governmental entity or authority (whether or not the law, rule, action, regulation, order or request proves to be invalid); or (c) any other cause beyond the reasonable control of the Released Parties, whether or not specifically mentioned above.
- Your Entry: By entering the Contest, Entrant agrees to indemnify, defend and hold harmless Sponsor, its respective subsidiaries, affiliates, directors, officers, employees, attorneys, agents and representatives, from any and all third party liability for any injuries, loss, claim, action, demand or damage of any kind arising from or in connection with Entrant’s entry.
- Use of Winner’s Name, Likeness, etc.: Except where prohibited by law, entry into the Contest constitutes permission to use any winner’s name, email address, likeness and/or prize information, without limitation, for promotional purposes without further permission or compensation. As a condition of being awarded any prize, except where prohibited by law, winners and, if applicable, their guests may be required to execute a consent to the use of their name, address, likeness and/or prize information, without limitation, for promotional purposes without further permission or compensation.
- Affidavit & Release: As a condition of being awarded any prize, winners and, if applicable, their guests may be required to execute and deliver to Sponsor a signed affidavit of eligibility and acceptance of these Official Rules and release of liability.
- Miscellaneous: The Contest and these Official Rules will be governed, construed and interpreted under the laws of the State of Oklahoma. Sponsor reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Contest or any Entrant’s participation in the Contest should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor’s control affect the administration, security or proper play of the Contest or Sponsor otherwise becomes incapable of running the Contest as planned, as determined in its sole discretion. Sponsor reserves the right to disqualify persons whose eligibility is in question or who Sponsor, in its sole discretion, otherwise deems ineligible to enter the Contest. If you have any questions about these Official Rules or the Contest, please write to “Doug & Ashley Photography, LLC, c/o Engagement Session Contest” at 3301 N. 23rd West Ave., Tulsa, OK 74127 indicating the same.
- Copyright Notice: The Contest and all accompanying materials are copyrighted © 2023 by Doug & Ashley Photography, LLC. All rights reserved.