Topaz Labs Instagram Challenge Rules and Regulations

  1. These rules apply to contests operated by Topaz Labs Inc. (“Topaz Labs”), including the Topaz Instagram Challenge (the “Contest”). By entering the Contest, entrants agree to be bound by these rules, and will be deemed to have received and understood these rules. The Contest is in no way sponsored, endorsed or administered by, or associated with any third party social media site, including without limitation, Instagram, Facebook or Twitter.


  2. Eligibility. Unless otherwise stated, Contests are open to any eligible Topaz Labs user in good standing. The following individuals are not eligible to participate: (a) employees, officers, and directors of (i) Topaz Labs, (ii) the applicable prize supplier(s), and (iii) the applicable Contest judges (if any).


  3. Proof of Eligibility. Topaz Labs shall have the right at any time to require proof of identity and/or eligibility to participate in a Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to Topaz Labs for the purpose of a Contest must be truthful, complete, accurate and in no way misleading. Topaz Labs reserves the right, in its sole discretion, to disqualify any entrant should such entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.


  4. Contest Period & Prizing. See individual Contest rules for the details of the specific Contests (including specific eligibility requirements, how to enter, start/end dates for entry, prizes and how winners will be determined). Any costs or expenses incurred by the winners in claiming or using their prizes will be the responsibility of the winners. Prizes must be accepted as awarded, without substitution, transfer, exchange or assignment, unless otherwise determined in the sole discretion of Topaz Labs and/or the prize supplier(s). Topaz Labs and/or the prize supplier(s) reserve(s) the right, in their sole discretion, to substitute a prize or a component of a prize with a prize or a component of a prize (as applicable) of equal or greater value, including, without limitation, a monetary award, if the prize or prize component cannot be awarded by the Topaz Labs and/or the prize supplier(s) for any reason. Prize claims must be submitted by providing Topaz Labs with the valid recipient details within 2 weeks of such request.


  5. How to Enter. No purchase necessary to enter the Contest. Entrants must be an eligible Topaz Labs user in good standing at the time of entry and at the time winners are determined. All participants must adhere to the entry mechanism requirements for the Contest.


  6. Online Entry: To enter a Contest, upload before and after photo submissions to your public Instagram account as specified during the applicable Contest entry period and submit your entry in accordance with the specific entry requirements as stated by Topaz Labs. By successfully uploading a completed entry as directed, you will be entered in the Contest.


  7. Restrictions: Entrant Submissions. Contest entry requires you to submit an original photograph(s), (collectively or individually, the “Entry Material”) to Topaz Labs, subject to instructions provided by Topaz Labs or its representatives. By submitting Entry Material to Topaz Labs, you represent and warrant that your Entry Material (a) is original to you, and that you have all necessary rights (including, without limitation, copyright) in and to the Entry Material to enter the Contest; (b) does not include content that is defamatory, libelous, pornographic or obscene; and (c) does not contain, depict, include, or involve, (i) nudity, (ii) explicit, graphic or excessive sexual activity, (iii) crude, vulgar or offensive language and/or symbols, (iv) derogatory characterizations of any ethnic, racial, sexual or religious groups, (v) content that endorses, condones and/or pertains to any illegal, inappropriate or high risk activity, behavior or conduct, (vi) materials embodying the names, likenesses, photographs, or other identifying elements (including, without limitation, names and addresses, physical or electronic) of any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without express written permission from the person or persons (or their parent/legal guardian for minors), (vii) commercial messages, comparisons or solicitations for products or services, (viii) does not contain any viruses, worms, spyware, or other components or instructions that are malicious, deceptive or designed to limit or harm the functionality of a computer, computer system, the Contest or the Website, or (ix) any other content that is, or could reasonably be considered to be, inappropriate, unsuitable or offensive, as determined by Topaz Labs in its sole discretion. Topaz Labs reserves the right to have any photo or other Entry Material removed which, in its sole determination, does not comply with these rules.


  8. By entering a Contest requiring the submission of Entry Material, you grant to Topaz Labs the right to use your photo in Topaz marketing materials, including announcement of winners, social media posts, and more related to the contest entry and related to the product correlated to the contest. By entering a Contest and submitting Entry Material you also agree to the Topaz Labs terms of service. You further agree to indemnify and hold harmless each of the Releasees (defined below) from and against any and all losses, damages, expenses, liabilities, claims and demands of whatever nature or kind (including reasonable legal fees and related costs incurred in the settlement or defense thereof) arising from any breach of the representations and warranties in these Contest rules, the Entry Material, or Topaz Labs’s use of the Entry Material in accordance with these rules.


  9. Ineligible Attempts at Entry. Any attempt or suspected attempt to enter a Contest in a fashion not authorized by these rules shall be deemed to be tampering and will void all of your entries. Entries that contain false information and/or are late, lost, stolen, falsified, illegible, damaged, misdirected, mutilated, garbled or incomplete, altered or otherwise irregular or entries that have been submitted using robotic, automated, programmed, or through illicit means, or that do not conform with or satisfy any or all of these rules, as determined in Topaz Labs’s sole discretion, will be judged null and void and disqualified. Only entries received by Topaz Labs will be considered. Proof of entry transmission shall not constitute proof of receipt. The sole determinant of time for valid online entry in a Contest will be the Topaz Labs website server machine(s).


  10. Prize Acceptance. Winners will be notified by email within 2 weeks of the date the winner is determined. A selected entrant may be required to provide proof of identification when claiming a prize or otherwise in connection with a Contest to facilitate the administration of the Contest and/or to ensure the accurate identification of a Contest winner. Once confirmation of a Contest winner is complete in accordance with the terms of these rules, Topaz Labs and/or any prize supplier(s) will promptly coordinate prize distribution. In the event that a selected winner of any prize is ineligible, cannot be contacted or does not respond within ten (10) days to a winner notification, fails to return the release form within the required time period, refuses the prize or otherwise fails to comply with the contest rules, the prize will be forfeited and Topaz Labs and/or Sponsor, in its/their sole discretion, may choose whether to award the prize to another entrant.


  11. Odds of Winning. Odds of winning depend on the number of eligible entries received for a particular Contest, and any criteria used to describe how to enter the Contest.


  12. Release of Liability and Consent to Publicity. By entering or attempting to enter a Contest, each entrant and/or purported entrant accepts and agrees to (i) be legally bound by these rules, including all eligibility requirements, (ii) be bound by the decisions of Topaz Labs and its representatives or the independent judging organization, if any, which are final, binding and conclusive (without appeal) on all matters relative to the Contest; and (iii) waive any and all claims against Topaz Labs, its parent and affiliated companies, the Contest prize suppliers, the Contest judges (if applicable), and any and all other companies associated with the Contest, and all of their respective employees, officers, directors, agents, representatives, shareholders, successors and assigns (collectively, the “Releasees”) for any injury, damage, or loss that may occur, directly or indirectly, in whole or in part, from his/her participation or attempted participation in the Contest or from the receipt or use or misuse of any prize or any travel or activity related to the receipt or use of any prize.


  13. By accepting a Contest prize, each winner authorizes Topaz Labs and its designees to use the winner’s name, country/city/territory of residence, photograph, image, likeness, voice, Contest entry (including any Entry Materials), and any statements he/she may make regarding the Contest prize for advertising and promotional purposes in connection with the applicable Contest (or any substantially similar contest), worldwide in perpetuity, in any form of media including the Internet, without limitation and without additional compensation or consideration, permission or notification, unless prohibited by law.


  14. Limitation of Liability. The Releasees are not responsible for (i) stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due or garbled entries, transmissions, email or mail; (ii) lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider, website, or other connections, including those through and/or by any website; (iii) jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (iv) failures or malfunctions of phones, phone lines or telephone systems, any error, omission, interruption, defect or delay in transmission, processing, or communication; (v) non-delivered, misdirected, blocked, or delayed email notifications; (vi) printing, typographical or other errors appearing within these rules, in any Contest-related advertisements or other materials; or (vi) any other errors, problems or difficulties of any kind, whether human, mechanical, electronic, network, computer, telephone, mail, typographical, printing or otherwise relating to or in connection with a Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the prize or in any Contest-related materials, or the cancellation or postponement of any event. The Releasees are also not responsible for any incorrect or inaccurate information, whether caused by Website users, tampering, hacking, or by any equipment or programming associated with or utilized in a Contest. The Releasees are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participation in a Contest or downloading materials from or use of the Website.


  15. Laws and Rules. Contests will be run in accordance with these rules, which shall be subject to amendment by Topaz Labs, as set out herein and subject to applicable law. Entrants will be deemed to have received and understood these rules by participating in a Contest, and entrants are required to comply with these rules. Contest terms, as set out in these rules, are not subject to amendment or counter-offer, except as set out herein. Contests are subject to all applicable federal, provincial and municipal laws and regulations. These rules are governed exclusively by the laws of the province or territory in which you reside, and you submit to the exclusive jurisdiction of the courts of such province or territory. Rights and remedies may vary by province or territory.


  16. All federal, state/provincial/territorial, and local taxes, fees and surcharges and taxes (whether foreign or domestic, and including income, sales, and import taxes) on prizes are the sole responsibility of the prize winners.


  17. Cancel and Amend. Subject to applicable law, Topaz Labs reserves the right, in its absolute discretion, to cancel, suspend or otherwise modify any Contest (or any portion thereof) and/or to amend these rules at any time and in any way, without prior notice, for any reason whatsoever, including, but not limited to, incidents where a virus, bug, unauthorized human intervention, or other causes corrupt the administration, security, fairness, integrity or proper operation of the Contest (or any portion thereof). In the event of cancellation, Topaz Labs may elect to identify any winner(s) and award any prize by way of random drawing from among all non-suspect, eligible entries received up to the time of such cancellation.


  18. Conduct. Topaz Labs reserves the right, in its sole and absolute discretion, to disqualify without notice any entrant that it finds to be: violating these rules; tampering or attempting to tamper with the entry process or the operation of a Contest or the Website; acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; or attempting to undermine the legitimate operation of a Contest. Any attempt by an entrant or any other individual to undermine the legitimate operation of a Contest may be a violation of criminal and/or civil laws. Should any such attempt be made, Topaz Labs reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution, and to ban or disqualify an entrant from the applicable Contest and any future contests.


  19. Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the Topaz Labs Website. To read the Privacy Policy, click here. By participating in the Contest, entrants agree to Topaz Labs’s use of their personal information in accordance with the Topaz Labs Privacy Policy.


  20. Identity of an Online Entrant. If a dispute arises regarding the identity of any entrant, the applicable entry will be deemed to have been submitted by the authorized account holder of the account provided at the time of entry. An entrant may be required to provide proof that he or she is the authorized account holder of the account associated with a particular entry. The individual assigned by an Internet access provider, online service provider, or other organization responsible for assigning the applicable type of account is considered the authorized account holder. Whether or not an individual constitutes the authorized account holder in question will be determined by Topaz Labs in its sole discretion; and, if the name of the authorized account holder does not accord with the full name provided at the time of entry, the applicable entry may be disqualified at Topaz Labs’s sole and absolute discretion.