Photo Contest Rules and Release

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These Photo Contest Rules and Release (the "Rules") apply to every photograph you submit through the photo contest on lomart.com (the "Site"), which is operated by Lomart Industries ("Lomart", "we", "us" or "our"). You must read and accept these Rules before you upload a photograph. By uploading a photograph and submitting your entry, you agree to them, including the release of rights in section 4. If you do not agree, please do not enter.

1. Who may enter

The contest is open to individuals who are at least 18 years old (or the age of majority where they live, if that is older) and who live in the United States or Canada. Entry is free, and no purchase is necessary to enter or to win.

2. How to enter

Complete the form on the photo contest page with your first and last name, email address, mobile phone number and ZIP or postal code, accept these Rules, and upload one or more photographs of your Lomart pool (up to 10 photographs per entry, each 10 MB or smaller). Any prize, dates and judging for a particular contest are as announced on the contest page or in our announcement of that contest; those details form part of these Rules, and if we announce none, an entry is a photograph shared with us and no prize is awarded. We may decline, remove or not publish any entry, and an entry that breaks these Rules is not eligible.

3. What you promise about your photographs

By submitting a photograph, you confirm that:

  • you took the photograph yourself, or you own all rights in it and are free to grant the rights in section 4;
  • every person who can be recognized in the photograph has agreed to appear in it and to the release in section 4, and, for anyone under 18, their parent or legal guardian has agreed on their behalf;
  • the photograph was taken at your own property, or with the permission of the property's owner;
  • the photograph does not infringe anyone's copyright, trademark, privacy, publicity or other rights, and is not offensive, unlawful or misleading; and
  • the information you give with your entry is true.

4. Release of rights in your photographs and your likeness

By uploading a photograph to the contest, you give Lomart a general release of the photograph and of your likeness in it, without compensation. In particular:

  • The photograph. You transfer and assign to us all of your rights, title and interest in the photograph, including the copyright, worldwide and for all time. To the extent any right cannot be transferred, you grant us an exclusive, perpetual, irrevocable, worldwide, royalty-free license to exercise it, which we may pass on to others, and you waive any moral rights (such as the right to be named as the author or to object to changes) as far as the law allows.
  • Your likeness. You release to us the right to use your image and likeness, and that of anyone else who appears in the photograph, as they appear in it, and you confirm that you are entitled to give that release for them.
  • How we may use it. We, our affiliated brands and the people we authorize may use, copy, edit, crop, adapt, publish and display the photograph, in any medium now known or later developed, including on our websites, in social media, in catalogs and brochures, in advertising and in other marketing of our brands and products, without further notice, approval or payment. If we credit a photograph, we will use only your first name and the state or province you live in; we will not publish your last name, email address, phone number or ZIP code.
  • No compensation. You will not be paid, now or later, for the photograph or for any use of it or of your likeness, other than any prize you win under section 2.
  • No claims. You release us, our affiliated brands and the people we authorize from any claim relating to the use of the photograph or of your likeness as these Rules allow, including claims of invasion of privacy, right of publicity, defamation and copyright infringement.
  • The release is irrevocable. It continues after the contest ends, and after you withdraw an entry or ask us to delete your personal information.

We are not obliged to use any photograph.

5. Your photographs and your personal information

Because of the release in section 4, your contest photographs are not covered by a request to delete your personal information: we keep them, and may continue to use them as these Rules allow. Your other personal information is different. The name, email address, phone number and ZIP or postal code you submit with your entry are handled under our Privacy Policy, and you can ask us to delete them at any time; when we do, they are removed from your entry, while the photographs and the record that you accepted these Rules (the date you accepted and the version of these Rules) are kept. We use your contact details to administer the contest, to contact you if you win, and, because the contest is about your pool, to pass your entry to the authorized dealer who serves your ZIP code. We keep the photographs in private storage; they are not published until we choose to use them.

6. Winners

If a contest offers a prize, we will contact the winner using the details given with the entry. A winner may be asked to confirm their eligibility and their acceptance of these Rules in writing; a prize that cannot be delivered, or a winner who does not respond within the time we state, may be forfeited and awarded to another entrant. A prize cannot be transferred or exchanged for cash, and any tax on it is the winner's responsibility. The contest is void where prohibited or restricted by law.

7. General

We are not responsible for entries that are lost, late, incomplete or not received because of a technical problem. We may cancel, suspend or change the contest if it cannot run as planned. To the fullest extent permitted by law, we are not liable for any loss or injury arising from your entry or from taking part in the contest. These Rules are in addition to our Terms of Use, and govern where the two differ about a contest photograph. They are governed by the laws of the State of Arkansas, and disputes about them are resolved as our Terms of Use provide.

8. Changes to these Rules

We may change these Rules by posting a new version on this page with a new "Last updated" date. A change applies to entries submitted after that date; the version you accepted when you entered continues to apply to the photographs in your entry.

9. Contact us

Questions about the contest or these Rules? Contact Lomart Industries by email at info@doughboypools.com, by phone at 877-228-4586, through our contact form, or by mail at 315 North Sebastian Street, West Helena, Arkansas 72390.

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