TERMS AND CONDITIONS
NO PURCHASE IS NECESSARY TO ENTER OR WIN.
A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: Entry is open only to persons 18 years and over, who are legal residents of the United States and have not won a competition, prize or promotional item, or had a session take place with Pingoy Portraits in the last 12 months. Only two complimentary sessions may be redeemed per household for any length of time.
To enter, completed original entry coupons must be received at the studio by the end of the promotion date. Late entries will not be accepted. Entry coupons not properly completed will be rejected. Contestants may enter as many times as they like provided original coupons are received prior to the closing date. Copies will not be accepted. Prize winners will be notified by mail, email or phone. The major prize winner will be the first valid entry coupon drawn on the day of the draw. First Prizes are valid for a period of 1 month from the date of draw. Consolation Prizes will have an 3-month expiry with the expiry date printed on the Gift Certificate. Prizes are for domestic portraiture and can not be used for commercial photography. Prizes are non-transferable, not exchangeable or redeemable in whole or in part for any cash equivalent. Prizes cannot be used in conjunction with any other offer, certificate, or promotion. The decision of the judges will be final and no correspondence shall be entered into. Employees of Pingoy Portraits, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
One voucher per household. Vouchers can not be combined.
2. Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Pingoy Portraits as final and binding as it relates to the content of this Campaign.
3. Campaign Period: Entries will be accepted online. All online entries must be received by December 31st, 2023.
4. How to Enter: The Campaign must be entered by submitting an entry using the online form provided at giveaway website. The entry must fulfill all Campaign requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Pingoy Portraits. Optional verbiage to include: You may enter only once. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Pingoy Portraits.
5. Prizes: The Grand Prize Winner of the Campaign (the “Winner”) will receive a Commissioned Portrait for your home. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Pingoy Portraits. No cash or other prize substitution shall be permitted except at Pingoy Portraits discretion. The prize is non-transferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for Pingoy Portraits to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification: Winner will be selected under the supervision of Pingoy Portraits. Winner will be notified by means of telephone and email within five (5) days following selection of Winner. Pingoy Portraits shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 6 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT Pingoy Portraits SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree that Pingoy Portraits, anyone acting on behalf of Pingoy Portraits, and Pingoy Portraits licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent. Optional verbiage for Contests: By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Pingoy Portraits. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Pingoy Portraits from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Pingoy Portraits may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
9. Terms & Conditions: Pingoy Portraits reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond Pingoy Portraits control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, Pingoy Portraits may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Pingoy Portraits. Pingoy Portraits reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. Pingoy Portraits has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such an attempt be made, Pingoy Portraits reserves the right to seek damages to the fullest extent permitted by law.
10. Appointment Holding Retainer: All bookings require a fully refundable booking fee of $200. The retainer becomes nonrefundable if a client does not show up for his/her session or cancels within 14 days of the scheduled session time for any reason (see clause 12 & 13). Our studio reserves exclusive studio time to provide you with our very best, personalized one-on-one service while we create your family’s artwork. In order to accommodate you with a high level of service, we require this retainer.
11. Full Family Policy: Portrait sessions may only be redeemed for a full family portrait. Pingoy Portraits reserves the right to refuse service if the entire family does not attend the portrait session.
12. Appointment Reschedule Policy/Gift Certificates and Promotional Vouchers entitle the holder to a SINGLE APPOINTMENT ONLY. Once made, an appointment cannot be rescheduled and the Gift Certificate or Promotional Voucher is deemed to have been used in full at that original appointment time and date. *NOTE: In exceptional circumstances, management may, at their sole discretion, reschedule an appointment and carry forward the Gift Certificate. If a reschedule is allowed, the retainer is not refunded if a rescheduled session is not finalized and attended.
13. Cancellation/No Show Policy: Non-attendance (NO SHOW) at an appointment without notice, will result in the forfeiture of your retainer fee. The Gift Certificate or Promotional Voucher is then deemed to have been used in full.
14. Limitation of Liability: By entering, You agree to release and hold harmless Pingoy Portraits and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
15. Disputes: THIS Campaign IS GOVERNED BY THE LAWS OF United States AND Indiana, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Indiana having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased.
17. Sponsor: The Sponsor of the Campaign is Pingoy Portraits. The Campaign hosted by Pingoy Portraits is in no way sponsored, endorsed, administered by, or associated with Facebook.
18. Refusal of service: Pingoy Portraits reserves the right to refuse service if in our opinion the provision of service is likely to cause or has caused disruption to either staff members or the normal operation of business.