TERMS AND CONDITIONS
www.gavinbarkema.com
Effective date: 1st September 2023
1. Introduction
1.1 Background of the Company
Gavin Barkema Photography, a distinguished entity in the United States, specializes in capturing the quintessential moments of wedding and engagement ceremonies. Through our website, www.gavinbarkema.com, and associated platforms, we offer a range of photography services, including but not limited to engagement session giveaway contests.
1.2 Objective of the TOS
This Terms of Service (TOS) document delineates the legal frameworks and conditions governing the participation in the engagement session giveaway contests hosted by Gavin Barkema Photography. The TOS is designed to safeguard the interests of the company and establish a transparent and fair procedure for the contest.
1.3 Definition of Key Terms
In this TOS, the following terms shall have the meanings ascribed to them as follows:
"Company" refers to Gavin Barkema Photography.
"User" refers to any individual participating in the contest.
"Website" refers to www.gavinbarkema.com and associated platforms.
"Services" refers to the photography services offered by the company, including the engagement session giveaway contests.
"Session" refers to the photography session awarded as a prize in the contest.
2. Eligibility Criteria
2.1 Age Requirement
To be eligible to participate in the contest, users must be at least 18 years of age or older as of the date of entry. Proof of age may be required before awarding the prize.
2.2 Geographic Restriction
The contest is open to local users residing in the specified regions as determined by the company. The company reserves the right to expand or restrict the geographic eligibility at its sole discretion.
2.3 Verification of Information
Users are required to provide accurate and truthful information during the contest entry process. The company reserves the right to verify the authenticity of the information provided and disqualify users found to have furnished false information.
3. Contest Entry
3.1 Entry Procedure
Users wishing to participate in the contest must follow the entry procedure as outlined on the website. This may include, but is not limited to, filling out forms, answering questions, and complying with any other entry requirements as specified by the company.
3.2 Entry Period
The contest shall have a defined entry period, as specified on the website. Entries submitted outside the designated entry period will not be considered.
3.3 Entry Restrictions
Users are limited to one entry per person. Multiple entries from the same individual may result in disqualification at the company's sole discretion.
4. Selection of Winners
4.1 Selection Process
Winners will be selected through a process determined by the company, which may include evaluation based on the responses provided by the users during the entry process.
4.2 Right to Not Select Winners
The company reserves the right not to select any winners if, in its sole discretion, it deems that none of the entries meet the criteria for selection.
4.3 Announcement of Winners
Winners will be announced on the website or through other communication channels as determined by the company. The company is not responsible for any delays or failures in the notification process.
5. Prize Claim and Revocation
5.1 Prize Claim Period
Winners must claim their prize within a period of three (3) months from the date of the announcement. Failure to claim the prize within this period shall result in forfeiture of the prize, and the company shall have no further obligations to the winner.
5.2 Revocation of Prize
The company reserves the right to revoke the prize at any time without providing any reason. This includes situations where the winner has violated the terms of the contest or has engaged in any fraudulent or deceitful behavior.
5.3 Conditions for Revocation
The company may revoke the prize under the following conditions:
If the winner provides false information during the entry process.
If the winner and the company cannot agree on the location or other terms of the session.
If the winner fails to comply with any other terms and conditions specified in this TOS.
6. Session Arrangements
6.1 Location Agreement
The company and the winner shall mutually agree upon the location for the session. The company reserves the right to revoke the prize if an agreement on the location cannot be reached.
6.2 Rescheduling Policy
The company reserves the right to reschedule the session due to unforeseen circumstances, including but not limited to weather conditions, equipment malfunction, or other logistical issues.
6.3 Travel Expenses
The winner shall be responsible for covering any travel expenses incurred by the company in connection with the session. The company reserves the right to request payment for travel expenses as a condition for conducting the session.
7. Intellectual Property Rights
7.1 Ownership of Photographs
The company retains the exclusive ownership rights to all photographs taken during the session. This includes the right to modify, distribute, and use the photographs for any purpose, including advertising and commercial use.
7.2 Usage Rights
The winner grants the company an irrevocable, worldwide, royalty-free license to use, reproduce, display, and distribute the photographs in any media for any purpose.
7.3 Commercial Use
The company reserves the right to use the photographs for commercial purposes, including but not limited to advertising, marketing, and promotional activities, without any further consent from or compensation to the winner.
8. Privacy Policy
For information regarding the collection, use, and disclosure of user information, participants are encouraged to refer to the Privacy Policy available on the main website, www.gavinbarkema.com. It is incumbent upon the participants to review and understand the Privacy Policy, as participation in the contest constitutes acceptance of the terms outlined therein.
9. Limitation of Liability
9.1 Liability Clause
Participants acknowledge that they engage in the contest at their own risk. The company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, or other intangible losses resulting from participation in the contest.
9.2 Indemnification
Participants agree to indemnify, defend, and hold harmless the company, its affiliates, officers, directors, employees, agents, and licensors from and against all claims, damages, liabilities, losses, costs, and expenses, including legal fees, arising out of or in connection with their participation in the contest.
9.3 Disclaimer of Warranties
The company makes no representations or warranties of any kind, express or implied, regarding the contest or the prizes awarded therein. The company disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
10. Dispute Resolution
10.1 Governing Law
This TOS shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law principles.
10.2 Arbitration Clause
Any disputes arising out of or in connection with this TOS or the contest shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in the jurisdiction where the company is located.
10.3 Class Action Waiver
Participants agree that any arbitration or court proceedings shall be conducted only on an individual basis and not as a class action, collective action, consolidated action, or representative action.
11. Miscellaneous
11.1 Severability
If any provision of this TOS is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
11.2 Entire Agreement
This TOS constitutes the entire agreement between the company and the participants with respect to the contest and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral.
11.3 Amendments
The company reserves the right to amend this TOS at any time without prior notice. Participants are encouraged to review the TOS periodically to stay informed of any changes.
12. Contact Information
12.1 Company Contact Details
For any queries or concerns regarding the contest or this TOS, participants may contact Gavin Barkema Photography through the contact details provided on the website.
12.2 Customer Support
The company offers customer support to assist participants with any issues they may encounter during the contest. Participants can reach out to customer support through the channels specified on the website.
13. Code of Conduct
13.1 User Responsibilities
Participants are expected to conduct themselves with integrity and transparency during their participation in the contest. This includes, but is not limited to, providing accurate information during the entry process and adhering to the rules and guidelines as stipulated in this TOS.
13.2 Prohibited Activities
Participants are strictly prohibited from engaging in any activities that could be considered fraudulent, deceitful, or misleading. This encompasses, but is not limited to, manipulating the entry process, disseminating false information, or attempting to undermine the legitimate operation of the contest through any means.
13.3 Reporting Misconduct
Participants are encouraged to report any perceived misconduct or violations of this TOS to the company. The company reserves the right to investigate such reports and take appropriate action, including disqualification of participants found to be in violation of the TOS.
14. Termination
14.1 Grounds for Termination
The company reserves the right to terminate the participation of any individual found to be in breach of the terms outlined in this TOS, engaging in fraudulent activities, or undermining the integrity of the contest.
14.2 Process of Termination
Termination shall be effected at the sole discretion of the company, following a thorough investigation of the alleged misconduct. The company is not obligated to provide notice or reasons for the termination.
14.3 Consequences of Termination
Upon termination, the participant may forfeit any rights, privileges, and prizes associated with the contest. The company reserves the right to pursue legal action against individuals involved in severe violations.
15. Fees and Payments
15.1 Payment Terms
In cases where payment is required, such as covering travel expenses, the company will provide clear instructions regarding the payment process, including acceptable payment methods and timelines.
15.2 Refund Policy
The company maintains a no-refund policy for any payments made in relation to the contest, except where required by law.
15.3 Additional Costs
Participants are responsible for any additional costs incurred during their participation in the contest, including but not limited to travel and accommodation expenses, unless otherwise specified by the company.
16. Marketing and Promotions
16.1 Promotional Activities
The company reserves the right to use the contest for promotional activities, including but not limited to advertising, marketing, and public relations initiatives.
16.2 User Testimonials
The company may request testimonials from participants for use in promotional materials. Participation in providing testimonials is voluntary, and participants have the right to decline.
16.3 Advertising Rights
The company retains the exclusive rights to advertise and promote the contest through various media channels, including but not limited to the website, social media platforms, and third-party websites.
17. Third-Party Links
17.1 External Links
The website may contain links to third-party websites or resources. The company is not responsible for the content, products, or services available from such third-party sources.
17.2 Disclaimer for Third-Party Content
The company disclaims any liability for any loss or damage arising from the use of third-party websites or resources. Participants are advised to review the terms and conditions of third-party websites before engaging with them.
17.3 User Discretion
Participants are urged to exercise discretion and caution when accessing third-party links, as the company cannot guarantee the safety or reliability of such external sources.
18. Force Majeure
18.1 Definition
"Force Majeure" refers to any event beyond the reasonable control of the company, including but not limited to natural disasters, acts of God, war, terrorism, government actions, and labor disputes.
18.2 Exemption from Liability
The company shall not be held liable for any failure to fulfill its obligations under this TOS if such failure is caused by a Force Majeure event.
18.3 Notification
In the event of a Force Majeure, the company shall make reasonable efforts to notify participants of the situation and its potential impact on the contest.
19. Acknowledgement and Consent
19.1 User Acknowledgement
By participating in the contest, participants acknowledge that they have read, understood, and agree to be bound by the terms and conditions outlined in this TOS.
19.2 Consent to TOS
Participation in the contest constitutes explicit consent to abide by the provisions of this TOS, including any amendments or modifications made by the company.
19.3 Withdrawal of Consent
Participants have the right to withdraw their consent to this TOS at any time by discontinuing their participation in the contest. Withdrawal of consent does not exempt participants from liability for violations of the TOS committed prior to withdrawal.
20. Contact Information
For any further information, questions or queries, get in touch with our customer service team on email:
info@gavinbarkema.com