Photo Contests (the “Contest” or the “Contests”) will be held throughout the calendar year by Benchmark Resorts & Hotels , 1780 Hughes Landing Blvd., Suite 400, The Woodlands, TX 77380(“Hotel” and “Sponsor”). Information on how to enter and prizes form part of these official rules (“Official Rules”). By submitting an entry, each entrant agrees to the Official Rules and warrants that his or her entry complies with all requirements set out in the Official Rules. This is a skill-based contest and chance plays no part in the determination of winners. Voting ends at approximately midnight UTC (Coordinated Universal Time) at the beginning of the final day of the contest voting period. When deciding the winners, we will judge each entry based on the creativity of the photo and each point earned. Total points will not determine the final winners chosen.
2. WHO MAY ENTER
Contest is open only to individuals who have reached the age of majority in their jurisdiction of residence at the time of entry, Employees of Hotel, and subsidiaries and affiliates, and their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they live) or persons living in the same households of such employees, whether or not related are not eligible. CONTEST IS VOID WHERE PROHIBITED.
3. HOW TO ENTER
Each eligible guest will receive an email notification or a unique link to a website that allows him or her to participate in the Contest.
Each entry must comply with the following requirements (the "Photograph Requirements"):
• Photographs must be in digital format. Only online entries will be eligible. No print or film submissions will be accepted for entry into this Contest.
• Photographs must fit within the contest theme and may not previously have won an award in any photo contest.
• Photographs that include sculptures, statues, paintings, and other works of art will be accepted as long as they do not constitute copyright infringement or fraud; provided that entrants must be prepared to provide a release form as described below in "Release". When photographing the work of others, it must be as an object in its environment and not a full-frame close up of another person's art.
• The photograph, in its entirety, must be a single work of original material taken by the Contest entrant. By entering the Contest, entrant represents, acknowledges and warrants that the submitted photograph is an original work created solely by the entrant, that the photograph does not infringe on the copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property rights of any person or entity, and that no other party has any right, title, claim or interest in the photograph.
• The photograph must not, in the sole and unfettered discretion of Hotel, contain obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content.
• Watermarks are not acceptable and will result in disqualification of the photo.
The entries will be judged in accordance with the Judging Criteria, as defined below. All entries must be submitted and received within the Contest(s) deadline(s). Proof of submission is not proof of receipt. Entries must be made by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, internet domain owner, or other person or organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Hotel reserves the right to examine the original photograph/source material in order to confirm compliance with these rules.
4. PHOTOS WITH PEOPLE IN THEM
Photos with people in them may or may not be accepted into the Contest(s) if they are personally recognizable to the Judges.
5. CONTEST PRIZES
First Prize: One First Prize will be awarded to the top photo as chosen by the judges panel. The First Prize will consist of:
(1) Five(5) Night Stay at Costa d'Este Beach Resort & Spa. Plus Daily Breakfast for 2 People
Restrictions and blackout dates apply. Not redeemable for cash. Valid for 1 year from date of issue. 5 Nights must be used consecutively in a single stay. Any unused portion of the prize will be forfeited. Transportation not included. Other terms may apply.
Runner Up Prize: Three (3) Runner Up Prizes will be awarded to the additional photo that best fit the contest theme as chosen by the judges panel. The Runner Up Prize will consist of:
(1) $100 eGift Card valid for a stay at a Benchmark Resorts & Hotel
Restrictions and blackout dates apply. Not valid for use on weekends. Not redeemable for cash. Valid for 2 years from date of issue. Valid only at these participating Benchmark Properties.
No prize transfer, assignment, or substitution by winners permitted. If a prize (or part of a prize) is unavailable, Hotel, in its discretion, reserves the right to substitute the original prize (or that part of the prize) with an alternative prize to the equal monetary value and/or specification, unless to do so would be prohibited by law.
Statement of winning odds: 4 prize(s) will be awarded out of total number of entries.
NONCOMPLIANCE OR RETURN OF PRIZE NOTIFICATION AS UNDELIVERABLE, WHETHER BY REGULAR MAIL OR BY E-MAIL, MAY RESULT IN DISQUALIFICATION AND SELECTION OF AN ALTERNATIVE POTENTIAL WINNER.
All submitted photos will be reviewed by a member of the Hotel staff to qualify which photos advance as finalists in the competition. Submissions that earn a higher number of points will have better odds of winning, but the winning submissions will ultimately be chosen by a member of the Hotel staff at their sole discretion. Voting ends at approximately midnight UTC (Coordinated Universal Time) at the beginning of the final day of the contest voting period. When deciding the winners, we will judge each entry based on the creativity of the photo and each point earned. Total points will not determine the final winners chosen.
7. LIMITATION OF LIABILITY
By entering this Contest, all entrants agree to release, discharge, and hold harmless Hotel and its owners, partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives from any claims, losses, and damages arising out of their participation in this Contest or any Contest-related activities and the acceptance and use, misuse, or possession of any prize awarded hereunder.
Hotel assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to Contest entries or entry forms; or alteration of entries or entry forms. Hotel is not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail entry to be received on account of technical problems or traffic congestion on the Internet or at any website, human errors of any kind, or any combination thereof, including any injury or damage to entrants' or any other persons' computers related to or resulting from participation, uploading or downloading of any materials related to in this Contest.
In the case of entrants who are Australian or UK residents, the preceding two clauses do not operate in respect of any implied condition or warranty the exclusion of which from these Official Rules would contravene any Australian or UK statute or cause any part of these Official Rules to be void.
THIS CONTEST IS VOID WHERE PROHIBITED. Entrants agree that this Contest shall be subject to and governed by the laws of the state of Massachusetts and the forum for any dispute shall be in Boston, MA. To the extent permitted by law, the right to litigate, to seek injunctive relief or to make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded and any entrant expressly waives any and all such rights. Certain restrictions may apply. Entries void if Hotel determines the photograph to not be an original, or if the entries are illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error or obtained through fraud or theft.
By entering, entrants also agree (a) to be bound by these Official Rules; (b) that the decisions of the Judges are final and binding with respect to all matters relating to the Contest; and (c) that Hotel may use the winning photographs and each Entrant’s name, photograph, likeness, personal data (see number 11 below) and/or voice in any publicity or advertising relating to the Contest or future promotions without compensation or approval (except where prohibited by law). All federal, state/provincial/territorial and local taxes, fees and surcharges and taxes (whether foreign or domestic, and including income, sales, and import taxes) o n prizes are the sole responsibility of the prize winners. In the event that the selected winner(s) of any prize is/are ineligible, cannot be traced or do not respond within 10 days to a winner notification as required by the “Contest Prizes” Rules above, or refuses the prize, the prize will be forfeited and Hotel, in its sole discretion, may choose whether to award the prize to another entrant.
Hotel reserves the right to verify the validity and originality of any entry and/or entrant (including an entrant’s identity and address) and to disqualify any entrant who submits an entry that is not in accordance with these Official Rules or who tampers with the entry process. Failure by Hotel to enforce any of its rights at any stage does not constitute a waiver o f those rights.
9. RIGHT TO CANCEL OR SUSPEND CONTEST
If for any reason the Contest is not capable of running as planned, due to infection by computer virus, bugs, worms, trojan horses, denial of service attacks, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Hotel that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Hotel reserves the right, at its sole discretion, to disqualify any individual(s) who tamper with the entry process, and/or to cancel, terminate, modify, or suspend the Contest. If Hotel elects to cancel or terminate the Contest, Hotel will not retain any rights in the submitted photographs, and will return the fees submitted with each Entry.
10. WINNERS LIST
Winners will be notified and their winning submissions will be available online seven (7) business days after the end of the Contest.
11. DATA PRIVACY
Entrants agree that personal data, especially name and address, may be processed, shared, and otherwise used for the purposes and within the context of the Contest and any other purposes outlined in these Official Rules. The data may also be used by Hotel in order to verify the participant's identity, postal address, and telephone number or to otherwise verify the participant's eligibility to participate in the Contest. Participants have the right to access, review, rectify, or cancel any personal data held by Hotel by writing to Benchmark Resorts & Hotels at Attn: Marketing Department, 1780 Hughes Landing Blvd., Suite 400, The Woodlands, TX 77380 . Personal data will be used by Hotel and its affiliates exclusively for the purposes stated herein.
NOTICE TO INDIVIDUALS: REMOVAL FROM MAILING LIST: Any individual (or other duly authorized person) may elect to exclude the name and address of that individual from all lists used by Hotel to mail skill contests or sweepstakes. To elect to have an individual's name excluded from all such lists, submit a removal request in writing to: Benchmark Resorts & Hotels, Attention: Marketing Department, 1780 Hughes Landing Blvd., Suite 400, The Woodlands, TX 77380 . This notification system may be used to prohibit mailing of all skill contests or sweepstakes by Hotel to such individual.