Please read these Terms and Conditions carefully prior to participating in the Gemini Photos Contest (the "Contest"). By participating in the Contest each Participant fully and unconditionally agrees to and accepts these Terms and Conditions.
1. Participation period
The Contest is open for participation from 9 am EST, May 11, 2018 until 9 am EST, June 5, 2018.
2. Winners announced
The winners will be announced on June 11, 2018 on the Gemini Photos Instagram account. The winners will be notified by Instagram Direct Messages shortly after the announcement.
The prizes are as follows: iPhone X 64 GB for the Grand Prize Winner; Apple AirPods for the 1st Place Winner; a $50 iTunes gift card for the 2nd Place Winner. Prizes cannot be exchanged for a money equivalent or a different product.
4. Contest organizer
The Contest is organized by MacPaw Inc., a Delaware corporation with its principal place of business at 5201 Great America Pkwy., Suite 320, Santa Clara, CA, USA, 95054. The Contest is promoted under the Gemini Photos brand.
5. Eligibility for participation
The Contest is only open to individuals (referred to as "Participants"). A Participant must at the time of entry into the Contest (i) reside in a country where official Apple Stores are available and (ii) be over 18 years of age. A Participant can only enter the contest once, with no more than one Instagram post. MacPaw employees, partners, and their immediate family are not permitted to enter the Contest.
6. Access to the Contest
Participants enter the Contest by posting two visually similar photographs (same location, angle, composition, setting, light, filters) on Instagram. The difference between these two photos should imply a story that is understood without additional comments. The post should include hashtag #GeminiPhotosContest in the description and have three other Instagram users tagged. Participants must be the followers of @gemini.photos.app on Instagram.
7. The photographs
The two photos should differ by subject, not post-processing. Only photos made with iPhone, iPod touch, or iPad and taken by the Participant qualify for the Contest.
8. Selecting winning entries
All qualifying entries will be voted for by three MacPaw employees between June 5 and June 8, 2018. Each employee will give each entry from 1 to 10 points (several entries may receive the same number of points). Ten entries with the most points will be forwarded to the jury consisting of three iPhone Photography Awards winners. Each juror will give each entry a unique number of points from 1 to 10, and will complete the vote on June 9-10, 2018. The entry with the most points will be announced as the Grand Prize Winner, and the two runners-up as the 1st Place Winner and the 2nd Place Winner.
If two entries receive the same number of points from the juror, which makes them both eligible for a prize, these two entries will be re-voted for by the jurors. Each juror will vote which one of these entries he deems the winner. The entry that receives the most votes takes the prize; the other entry goes directly underneath the winning entry in the leaderboard.
The entries will be voted for based on the following criteria:
- originality and clarity of the story
- aesthetic value of the photos (colors, composition, emotional impact, etc.)
Please note all Participants are subject to a final screening process by MacPaw once the Contest has closed. If the Participant receiving the most votes has breached any of the terms and conditions, the Participant receiving the second most votes will be deemed the winner.
9. Personal data
By entering the Contest Participants consent to the entries being processed by MacPaw in order to administer the Contest.
10. Content policy for photo uploads/ MacPaw’s right to reject entries to the Contest
Each entry must be the Participant’s own work, must not be copied, must not contain any third-party materials and/or content that the Participant does not have permission to use, must not include any trademarks, and must not show inappropriate or dangerous behaviour, or otherwise be obscene, defamatory, distasteful, offensive, or in breach of any applicable law or regulation, or in breach of any confidentiality obligations owed by the Participant to third parties.
The Participant will be responsible for any claim made by any third party in respect of his entry and to fully indemnify MacPaw in respect of all royalties, fees and any other monies owing to any person or entity by reason of breaching any of the foregoing.
All entries are subject to MacPaw's approval after being uploaded to Instagram. Entries that are deemed inappropriate and/or offensive will not be considered. Our content policy prohibits images containing nudity or sexually explicit material, or content that is deemed offensive to any minority group. MacPaw reserves all rights to decide what is considered inappropriate and/or offensive. Participants agree not to submit any picture in connection with their entry into the Contest that: is defamatory, derogatory, or slanderous; is pornographic or otherwise sexually explicit; includes offensive language; portrays violence; portrays or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation; portrays or promotes illegal activities; portrays dangerous stunts; promotes bigotry, racism, hatred or harm against any group or individual. If MacPaw discovers that any material submitted by Participants include any such elements or is otherwise inappropriate and/or offensive, then the entry will be rejected. In addition, in the event that a picture is determined by MacPaw, at its sole discretion, to infringe on the intellectual property of any third party, MacPaw may likewise reject the entry.
11. Cost and taxes
All Participants are responsible for any costs or expenses incurred by them as a result of participating in or winning the Contest, including but not limited to taxes. All taxes on the prizes are the sole responsibility of the winners, who shall be responsible for completing any applicable forms required by a taxing authority. Participants hereby agree and accept that by winning the Contest they may incur taxes and other levies including but not limited to any prize tax or income tax etc. Participants hereby unconditionally accept to bear any such tax or other levy.
12. Copyrights, Licenses, Permissions
By submitting an entry to the Contest, the Participant grants MacPaw:
(a) permission for his or her entry to be published on MacPaw websites, social media accounts and a non-exclusive, irrevocable, royalty-free, worldwide, perpetual license (with a right to sub-license) to use, republish, edit and/or modify his Contest entry in any/all media (including in electronic format, hard copy and in MacPaw publications) for purposes connected with the Contest; and
(b) the right to use his or her name and country of residence for the sole purpose of identifying the Participant as the author of the entry and/or as a winner of the Contest;
(c) the right to modify entries, including but not limited to resizing, cropping or color adjustment as necessary, provided that MacPaw shall endeavour in undertaking such modifications to maintain the integrity of the entry as originally created. The Participants hereby waive all their moral rights to their entries.
Participants agree that Contest entries may be used by MacPaw for general media and marketing purposes without remuneration.
13. MacPaw is not responsible for any lost, late, misdirected, stolen, illegible or incomplete entries. If, for any reason, the Contest is not capable of running as planned, caused by e.g. infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of MacPaw which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, MacPaw reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and/or select winners from all eligible entries received prior to the cancellation. MacPaw reserves the right to correct any typographical, printing, computer programming or operating errors at any time.
14. MacPaw reserves the right at its sole discretion to disqualify any Participant it finds to be tampering with the entry process or the operation of the Contest; to be acting in violation of these Terms and Conditions; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person or contestant.
15. MacPaw is not responsible for any incorrect or inaccurate information, caused by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of submissions in the Contest. MacPaw assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. MacPaw is not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players or browsers, on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing. MacPaw is not responsible for any injury or damage to any Participant or to any computer related to or resulting from participating or downloading materials in connection with this contest.
16. MacPaw reserves the right to cancel or amend the Contest or the Terms at any time without prior notice. It is your responsibility to ensure you stay informed and up to date with these Terms.
17. Apple is not a participant in or sponsor of this promotion.