Photo Challenge- Rules & Regulations

Wednesday, December 23, 2020

Skydive Algarve Photo Challenge Official Rules


PROMOTION DESCRIPTION: Skydive Algarve Photo Challenge (the “Challenge”) begins on or about December 24th, 2020 at 8:00 o’clock Greenwich Mean Time (“GMT”) and ends on January 2nd, 2021 at 20:00 GMT (the “Submission Period”). During the Submission Period, entrants have the opportunity to create their personal photographs at any time inspired by the Photo Challenge Themes. Every day at 8:00 GMT, Skydive Algarve will announce the Theme of the day on @skydivealgarve Instagram Stories. Entrants must submit photos related only to the Theme announced that day. Participants will have to upload and send their photos by 20:00 GMT of the same day. After that, up to five (5) finalists (each, a “Finalist”) will be selected from the eligible Submissions received. The following day, at 10:00 GMT, the selected photos will be posted online on @skydivealgarve Instagram feed and an online voting phase will begin for the next 24 hours (the “Voting Period”). During the Voting Period others will view and have the chance to like and share. From these Finalists, one (1) Prize Winner will be selected every day, as more fully set forth below. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Skydive Algarve LLC, Aerodromo Municipal de Portimao, Monte de Alvor, 8500-059 Portimano/Alvor, Portugal (“Sponsor”) which shall be final and binding in all respects.

ELIGIBILITY: The Challenge is open only to entrants who are 18 years of age or older at the time of entry. This Challenge is open to all registered participants at Skydive Algarve event “X-mas Boogie 2020”.

HOW TO ENTER: To participate in the Challenge, you must have an Instagram account. During the Submission Period, upload and send your own personal favorite picture that best demonstrates your view inspired by our Challenge Themes. Upload your Submission via during the Submission Period. Your Submission must include in the message your full name and your @instagram account in order to be eligible. The photo(s) submitted in a specific day, must be related to the specific Theme of the Day.

Once your Submission will be downloaded by Skydive Algarve, you’ll receive a notification from saying “ downloaded your files”.

This notification demonstrates that your Submission has been received by the Sponsor and it has entered the Selection Process. By entering your Submission, you are acknowledging and agreeing that Sponsor has the right to use your photos through its Instagram account or otherwise use your post as set forth in its online Terms of Use. The Submission must meet the following “Submission Requirements”: (i) the Submission must be the submitting entrant’s original, previously unpublished work and not feature or focus on any material owned or controlled by third parties (including without limitation, third party copyrighted material); (ii) the entrant must provide upon request all appropriate clearances, permissions and releases for the Submission; and (iii) the Submission must not include images that are obscene, pornographic, libelous or otherwise objectionable. Any entry featuring a Submission that, in Sponsor’s good faith judgment, violates the Submission Requirements will be disqualified. All Submissions must be received by the end of the Challenge Period. Proof of entering information on the Website is not considered proof of delivery to or receipt by Sponsor of such entry. All personally identifiable information collected in connection with the Submission will be used by Sponsor only for the Challenge Period. Sponsor is not responsible for the storage. IMPORTANT NOTE: Any entrant who incorporates any intellectual property or material owned by a third party into his or her Submission does so at his or her own risk. If Sponsor is duly notified that any element of an entrant’s Submission infringes upon the rights of another person and/or receives a legally valid request to remove the affected Submission from the Website because of such infringement, such Submission may be removed and/or disqualified from the Challenge, as Sponsor may determine in its sole discretion. Further, no entrant will be eligible to receive a prize unless Sponsor determines, in its sole and absolute discretion that such entrant’s Submission has been or can be sufficiently cleared for legal purposes.

WINNER SELECTION AND NOTIFICATION: For each day of the Challenge,  a panel of judges selected by Sponsor (the “Judging Panel”) will select up to five (5) Finalists from all eligible Submissions received during the Submission Period based upon the following criteria: Execution of Theme (e.g., best demonstrating “Exit in Pure Style”) (30%), (30%) for Creativity & Originality, (40%) for Photographic Quality (collectively, the “Judging Criteria”). Each Finalist Submission will be uploaded to Sponsor’s Instagram account (the “@skydivealgarve Instagram Account”) where it will be made available for viewing by the general public and @skydivealgarve Instagram account visitors will have the opportunity to vote on the Submission they like the best. Votes for each Submission will be tracked by Instagram Insight tool. Every “Like” corresponds to 1 vote. The Submission that receives the highest number of votes during the Voting Period will be summed to the results of the Judging Panel. The final result will deemed the Daily Prize Winner, subject to verification and compliance with these Official Rules. The Daily Prize Winner will be announced on the @skydivealgarve Instagram Account each day by 13:00 GMT (during the Challenge Period), and notified by using the contact information provided at the time of entry. Sponsor shall have no liability for any Daily Prize Winner notification that is lost, intercepted or not received by the potential Daily Prize Winner for any reason. If a potential Daily Prize Winner does not respond within the time required by Sponsor (24 hours), or if the notification is returned as unclaimed or undeliverable to any potential Daily Prize Winner, such potential Daily Prize Winner will forfeit his or her potential prize and an alternate Daily Prize Winner may be selected. If any potential Daily Prize Winner is found to be ineligible or if he or she has not complied with these Official Rules or declines the prize for any reason, such potential Daily Prize Winner will be disqualified and the next highest scoring Submission may be selected.

PRIZE: Skydive Algarve gives away 50 jump tickets in total. The approximate retail value (“ARV”) of the prize is One thousand five hundred and fifty five euro (€1,550). No cash alternative or prize substitutions will be allowed. Prize is not transferable and has no expiry date. Daily Prize:  Subject to the timely return of all required documents as set forth below, the contestant who was chosen as the Winner will be invited to receive the following prize (the “Daily Prize”): The Winner will receive five (5) jump tickets at Skydive Algarve. Contestants can enter the Challenge every day, which means that a single contestant can win more than once.

GENERAL PRIZE CONDITIONS: No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prize listed is unavailable, in whole or in part, for any reason. Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. All portions of the prize(s) are non-assignable and non-transferable.


REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each person who enters this Challenge represents and warrants as follows: (i) the Submission is the entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Submission does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (iv) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant hereby agrees to indemnify and hold the Submission Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.

GRANT OF RIGHTS: For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each entrant into the Challenge hereby irrevocably grants Sponsor, its successors and assigns, a non-exclusive, limited license (but not the obligation) to use the contents of the Submission solely in connection with the Challenge. Sponsor has the right to use those contents to marketing and promote the itself, throughout its social media, in perpetuity, without further notice to, consent by, or payment to entrant. In case of Sponsor is interested in using the content of the Submission in printed media, Sponsor will contact the entrant and offer an adeguate compensation, which will be negotiate directly between the parties. Without in any way limiting the foregoing, Sponsor reserves the right, in its sole discretion, to edit or alter the Submission in connection with Sponsor’s permitted uses hereunder: any alterations shall be made in accordance with Sponsor’s ethical guidelines. Sponsor do not have the right to freely assign its rights hereunder, in whole or in part, to any person or entity. Sponsor shall retain the rights granted in each Submission even if the Submission is disqualified or fails to meet the Submission Requirements.  By entering the Contest, each entrant acknowledges and agrees that their Submission may be featured on Sponsor (and Sponsor’s assigns) social media and editorial websites.

PUBLICITY RELEASE: By participating in the Challenge, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in or winner of the Challenge, each entrant irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, likeness, biographical information and Submission, and any individual(s) participating therein, in any and all media in connection with the Website or the Challenge or the marketing and promotion thereof and hereby release the Promotion Entities from any liability with respect thereto.

GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entrants agree that the Promotion Entities and Instagram (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Challenge or any Challenge-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by accessing the Website or otherwise participating in the Challenge, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Challenge or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Challenge, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Challenge if it determines, in its sole discretion, that the Challenge is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Challenge as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Challenge as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend or terminate the Challenge. If the Challenge is terminated for Force Majeure before the designated end date, Sponsor will (if possible) select the Finalists and Prize Winners from all eligible, non-suspect Submissions received as of the date of the event giving rise to the termination. Only the type and quantity of prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Submission to Sponsor for purposes of the Challenge does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission. Each entrant understands and acknowledges that the Promotion Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Promotion Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Promotion Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Promotion Entity’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Challenge, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Submission or any materials or content created by the Prize Winner, or to otherwise exploit any Submission or Materials or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Submission or Materials for any reason, with or without legal justification or excuse, and contestants shall not be entitled to any damages or other relief by reason thereof.

DATES & DEADLINES/ANTICIPATED NUMBER OF CONTESTANTS: Because of the unique nature and scope of the Challenge, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Challenge. Sponsor cannot accurately predict the number of entrants who will participate in the Challenge.

FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, releases from third parties appearing in the Submission, or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor’s request therefor.


WINNER’S LIST/OFFICIAL RULES: These Official Rules will be posted on the website during the Promotion Period.

MISCELLANEOUS: This Contest is in no way sponsored, endorsed or administered by, or other associated with Instagram, Inc. You understand that you are providing your information to Sponsor and not to Instagram.

© 2020 Skydive Algarve. All Rights Reserved.

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