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1165 Leslie Street
Toronto
Ontario
Canada
 
M3C 2K8
 
Tel.
 
1 (416) 449-1750
  

Four Seasons Hotels and Resorts
Summer Photo Contest Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN.

1. Contest Entry Period/Sponsor: The Four Seasons Summer Memories Photo Contest (“Contest”) begins at 12:01 AM, Eastern Time ("ET") on July 27/11 and 11:59 PM EST on August 15/11 (the "Contest Entry Period"). Sponsor: Four Seasons Hotels Limited.

2. Eligibility: Four Seasons 2011 Four Seasons Summer Memories Photo Contest (“Contest”) is open to individuals who are: legal residents of the 50 United States or District of Columbia, United Kingdom or Canada (excluding Quebec) ("Contest Territory") age 21 or older. Employees of Four Seasons Hotels Limited, its advertising and promotion agencies and anyone involved with the Contest (collectively, “Contest Entities”), and their immediate family members and/or those living in the same household of each (whether related or not) are not eligible to enter or win. For the purpose of this Contest, an immediate family member is defined as spouse, partner, mother, father, legal guardian, in-laws, grandmother, grandfather, brother, sister, children and grandchildren. Contest is governed by U.S. and Canadian law. Contest is subject to all applicable federal, state, provincial/territorial and local laws and regulations. Contest is void: (i) outside of the 50 United States, the District of Columbia and Canada; (ii) in Quebec; and (iii) where prohibited, taxed or restricted by law.

3. How to enter: Sponsor is looking for a Photo to reflect memories of your favorite summer vacation. To enter the Contest, you must first have a Yahoo! or Gmail ID and register at flickr.com [providing your name, address, email address, and date of birth (to verify eligibility)] and then submit your photo ("Photo") by uploading the Photo to the Four Seasons Summer Memories group on Flickr™ ("Contest Website") during the Contest Entry Period (“Entry(ies”).

To submit your Photo via Flickr™ follow the instructions which will include:

  • Use your Yahoo! ID to login to flickr.com. (Please note: Contest finalists will be notified via FlickrMail)
  • If you do not have a Yahoo! or Gmail ID or Flickr™ account, you can sign up for free. (Please note: If your Flickr™ account is new, you’ll need to upload at least 5 photos before you’ll be able to see your images on Flickr™);
  • After logging in, upload your Photo; join the Four Seasons Summer Memories Photo Contest group by clicking "Join?" on the group's homepage. http://www.flickr.com/groups/fssummermemories;
  • Add your Photo to the group by browsing to the photo you wish to submit,
  • Click on the "Actions" drop-down menu above the image and select "add to/remove from group";
  • Tag it! — Once you've added your photo to the group, you can tag each photo with “FSSummerPics” through the "Tags" feature in the right-hand column of the individual photo's page or with the same “Actions” drop down you used to submit to the group. Tagging is optional.
  • Optional: feel free to geo-tag your photo on the map!

To be eligible for the Contest, all Entries must be received by 11:59 PM ET on August 15/11. All submitted Entries will not be returned or acknowledged. Proof of submission of an Entry does not constitute proof of receipt by Sponsor. Only three (3) Entries per person/email address permitted per day during the Contest Entry Period. In the event of a dispute over the identity of an online entrant or the rights to an Entry, the Entry will be disqualified. All Entries are subject to verification. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor) to participate in this Contest. Failure to provide such proof in a timely manner may result in disqualification. The sole determinant of the time for the purposes of a valid Entry in this Contest will be the Sponsor's server machine(s).

4. Requirements for Entry: Your Entry must comply with the following:

  • the Photo is original with you, is not copied from any other work, and does not infringe upon the rights of any third party;
  • the Photo will comply with Flickr™ Terms of Use and posting/uploading requirements;
  • the Photo does not depict any third party copyrighted material, products, trademarks or logos;
  • the Photo does not defame or otherwise violate the rights of any third party;
  • the Photo is not offensive, sexually suggestive, violent, racial, profane, slanderous or contrary to the interests of the Contest or Sponsor, as determined in the sole discretion of the Sponsor;
  • once an Entry is received it cannot be modified or edited [by you] but you can enter multiple Photos as Entries subject to the limitations in these Official Rules;
  • photos cannot contain the depiction of any identifiable person ("Identifiable Person(s") without having received their written permission and if any Identifiable Person is under the age of majority that person must be the entrant's child, and
  • no entries may be submitted on behalf of someone else.

5. License to Use Photos: By participating in the Contest, each entrant warrants and represents (i) that his/her Photo is original to him/her and that the entrant has all necessary rights in and to the Photo to enter the Contest; (ii) that his/her Photo contains only the likenesses of entrant or Identifiable Persons who have provided their written permission to be depicted in the Photo) (iii) that entrant is the parent or legal guardian of any Identifiable Person depicted in the Photo who is under the age of majority in the jurisdiction of the entrant's residence; (iv) that use by Sponsor of the Photo as licensed by entrant or assigned by the winners herein will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims for payment whatsoever; and (v) the Photo is not defamatory, trade libelous, pornographic or obscene, and further that it will not depict, without limitation, any of the following: nudity; explicit, graphic or sexual activity or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual or religious groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky activity, behaviour or conduct; personal information of individuals, including, without limitation, names and addresses (physical or electronic); conduct or other activities in violation of these Official Rules; commercial messages, comparisons or solicitations for products or services other than those of Sponsor; any identifiable third party products and/or trade-marks, brands or logos, other than those of Sponsor; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole discretion. Further, by entering the Contest and submitting a Photo, each entrant (a) retains ownership of the Photo s/he submits subject to rule #6 below; (b) grants to the Sponsor, and any organizations affiliated with the sponsorship, fulfillment, administration, advertisement or promotion of the Contest the perpetual, fully-paid, irrevocable, non-exclusive license to reproduce, prepare derivate works of, distribute, display, exhibit, transmit, broadcast, televise, digitize, modify, edit, otherwise use, and permit others to use and perform throughout the world the Photo, in whole or in part, in any manner, form, or format now or hereinafter created, including on the internet, and for any purpose, including, but not limited to, advertising or promotion of Sponsor and Contest, or any other reason, all without further consent from or payment to entrant or any other person or entity; (c) waives all moral rights in and to his/her Photo in favour of the Sponsor; and (d) agrees to indemnify, release and hold harmless the Released Parties (defined below) from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action. For greater certainty, the Sponsor reserves the right, in its sole discretion, to modify, edit or disqualify any Entry for any reason. Photos may be published and posted online but entrants agree that Sponsor has no obligation to post or publish Photos and that all such postings or publication, if any, will be in the Sponsor’s sole discretion and that the posting or publication of any Photo has no bearing on whether the Entry is a potential winner. In the event of any dispute or potential dispute regarding the Entry or any entrant, Identifiable Person or third party or if Sponsor has reasonable grounds for suspecting any breach or abuse of these Official Rules by any person involved in an Entry, the Entry may be disqualified in Sponsor’s sole discretion. Sponsor may ask for evidence of written permissions required by these Official Rules.

6. Assignment of Rights to Photos: By accepting the Finalist status, all Finalists give permission (except where prohibited by law) to Sponsor and its licensees to use the Finalists' names, Photos, hometown and likeness for promotional purposes without further compensation and agree that all right, title and interest to their Photo, including the copyright thereof, will be automatically transferred to Sponsor.

7. Prize: One (1) Grand Prize will be awarded of a US $1000 Four Seasons Hotels and Resorts Gift Card. Terms and conditions of the gift card may apply. See Gift Card Conditions of Use for details. For US residents: all federal, state, local taxes, if any, are the responsibility of the winner. In addition, the winning Photo and selected finalists' Photos can be published as set forth herein including (without limitation) in the following:

  • Future issue of Four Seasons Magazine (print) and fourseasonsmagazine.com (online)
  • Have Family Will Travel Blog (family.fourseasons.com)
  • Four Seasons Email Newsletters
  • Current and future Four Seasons Corporate Social Media Channels (Facebook, Twitter, etc.)
  • Four Seasons Website (fourseasons.com)


8. Selection of Winner(s): The winner(s) will be selected as follows:

Round One: All submitted Photos will be reviewed for compliance with the rules as stated herein. Then all Entries will initially be judged by a panel of judges ("Judges") based on the following criteria: (1) Photo quality, (2) scene showcasing the spirit of summer, (3) brand appropriateness and suitability for trade and advertising purposes promote; (4) creativity. ("Judging Criteria"). The twenty-five (25) finalists with the highest scores will be determined on or about August 20/11. In the event of a tie, the tying finalists will be re-judged based on how best the Photo showcases the spirit of summer. In the event of a second tie the tying finalists will be re-judged based on the Photo that is determined by the Judges to be the most creative. The top twenty-five (25) Entries with the highest scores will be finalists moving onto the Final Round (“Finalists”).

Requirements for Finalists: All potential top twenty-five (25) Finalists will be notified by FlickrMail on or about August 25/2011 and required to execute an affidavit or declaration of eligibility, liability release, publicity release and assignment (collectively, "Assignment") as a condition to the potential Finalist being declared a Finalist and moving on to the Final Round. Entrants can print the required documents and mail to Sponsor by following the instructions provided. If a potential Finalist does not return the required Assignment no later than seven (7) days from the date of notification, or if an Entry is found to be ineligible for any reason, the potential Finalist will be disqualified and will forfeit any rights to the prize and either a runner up will be selected as a Finalist or Sponsor shall only allow for the number of Finalists that have followed the requirements of the Official Rules to go through to the Final Round, due to timing constraints, or otherwise, as determined in Sponsor’s sole discretion. By accepting the Finalist status, all Finalists give permission (except where prohibited by law) to Sponsor and its licensees to use the Finalists' names, Photos, hometown and likeness for promotional purposes without further compensation.

Final Round: All Finalists' Photos will be posted on the Four Seasons Summer Memories Photo Contest group and will be judged by the Judges using the Judging Criteria. In the event of a tie, the tying finalists will be re-judged based on how best the Photos showcases the spirit of summer. In the event of a second tie the tying finalists will be re-judged based on the Photo that is the most creative. The Entry with the highest score will be declared the Winner. The Sponsor’s decisions will be solely determinative and final in all matters regarding this Contest.

9. Notification of Winner: The Winner will be notified by FlickrMail, on or about September 1/11.

10. General Conditions: Entrants agree to these Official Rules and the decisions of the Sponsor, and on their behalf, and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns (“Releasing Parties”), release, defend and hold harmless the Contest Entities, as well as the affiliates, employees, officers, directors and agents of each, and the owners of hotels and resorts managed by Sponsor or its affiliates (“Released Parties”), from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, extent, executions, claims and demands whatsoever, in law, admiralty or equity, whether known or unknown, foreseen or unforeseen, against Released Parties which any one or more of the Releasing Parties ever had, now have or hereafter can, shall or may have which in any way arise out of or result from entrant’s participation, acceptance and use or misuse of any prize. If the Sponsor decides that there are an insufficient number of qualified Entries suitable for entry into the Contest, Sponsor may select fewer Finalists or cancel the Contest entirely. If Sponsor at any time receives a complaint (including but not limited to a cease and desist letter, general letter of complaint, etc.) alleging intellectual property infringement of the Photo or violation of the rights of any Identifiable Person, Sponsor reserves the right to disqualify the Entry. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of any prize or in the event Sponsor is prevented from continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, 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, territorial/provincial or local government law, order, or regulation, or order of any court or other cause not within Sponsor's control. Entrants assume all liability for any injury, including death or damage caused or claimed to be caused, by participation in this Contest or use/misuse or redemption of any prize. This Contest shall be governed by and interpreted under the laws of the State of New York, U.S.A. for any disputes involving residents of the United States and the laws of the province of Ontario for any disputes involving residents of Canada without regard to its conflicts of laws provisions. Any and all disputes, claims, and causes of action arising out of or in connection with this Contest, shall be resolved individually, without resort to any form of class action. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS CONTEST. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Sponsor is not responsible for: (i) lost, late, misdirected, illegible Entries; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; (iii) any injury or damage to entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest, or (iv) the failure of any third party to comply with the instructions and proper administration of this Contest. Sponsor reserves the right to permanently disqualify from any Contest it sponsors any person it believes has intentionally violated these Official Rules; and terminate the Contest if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Contest), or to select winners from among all eligible entries received prior to termination. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL & CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

11. Winners Name: For the name of the winner and finalists (available after September 1/2011), send a self-addressed envelope (postage not required) by November 1/2011 to: Four Seasons Hotels Limited, 1165 Leslie Street, Toronto, Ontario M3C 2K8 Canada.

12. PRIVACY: By entering, Sponsor may use and share your information pursuant to its privacy policy. By participating in the Contest, entrants hereby agree to Sponsor’s collection and usage of entrant’s personal information in accordance with the Sponsor’s privacy policy (which includes promotional e-mails from which entrants can opt-out of at anytime) and acknowledges that entrant has read and accepted Sponsor’s privacy policy.