TERMS AND CONDITIONS
NO PURCHASE IS NECESSARY TO ENTER OR BE SELECTED. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.

1. Eligibility: This Campaign is open only to those who sign up on the website and who are 18 years and older as of the date of entry. If you have won a giveaway or taken advantage of another Elena K Photography offer, special, or promotion within the past 365 days, you are not eligible to win. The Campaign is only open to legal residents of United States, and is void where prohibited by law. Employees of Elena K Photography, 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.

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 Elena K Photography as final and binding as it relates to the content of this Campaign.

3. Campaign Period: Submissions will be accepted online. All online submissions must be received by Dec 1, 2022.

4. How to Enter: The Campaign must be entered by submitting an entry using the online form provided at website. The entry must fulfill all Campaign requirements, as specified, to be eligible to be selected to receive the promotional offer. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Elena K Photography. 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 Elena K Photography.

5. Prizes: Chosen submissions from the Campaign (the “Chosen Submission”) will receive a Celebration Portrait Session with artwork for Your home at the promotional price. Actual/appraised value may differ at time of services award. The specifics of the promotional offer shall be solely determined by Elena K Photography. No cash or other promotional offer substitution shall be permitted except at Elena K Photography discretion. The promotional offer is non transferable. Any and all promotional offer-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Chosen Submission. No substitution of promotional offer or transfer/assignment of promotional offer to others or request for the cash equivalent by Winner is permitted. Acceptance of promotional offer constitutes permission for Elena K Photography to use Chosen Submission's name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.

6. Odds: The odds of being selected depend on the number of eligible submissions received.

7. Selection and Notification: Chosen Submissions will be selected by promotional offer entry criteria under the supervision of Elena K Photography. Chosen Submissions will be notified by means of telephone and email within five (5) days following selection. Elena K Photography shall have no liability for Chosen Submission's failure to receive notices due to spam, junk e-mail or other security settings or for Chosen Submission's provision of incorrect or otherwise non-functioning contact information. If Chosen Submission cannot be contacted, is ineligible, fails to claim the prize within 10 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the promotional offer may be forfeited and an alternate Chosen Submissions selected. Receipt by Chosen Submission of the promotional offer 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 CHOSEN SUBMISSION (AT Elena K Photography SOLE DISCRETION) WILL RESULT IN CHOSEN SUBMISSION'S DISQUALIFICATION, AND ALL PRIVILEGES AS CHOSEN SUBMISSIONS WILL BE IMMEDIATELY TERMINATED.

8. Rights Granted by You: By entering required content (e.g., photo, video, text, etc.), You understand and agree that Elena K Photography, anyone acting on behalf of Elena K Photography, and Elena K Photography’s 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 Elena K Photography. 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 Elena K Photography from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Elena K Photography 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: Elena K Photography 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 Elena K Photography control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, Elena K Photography may select the Chosen Submission from all eligible entries received prior to and/or after (if appropriate) the action taken by Elena K Photography. Elena K Photography 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. Elena K Photography has the right, in its sole discretion, to maintain the integrity of the Campaign, to void submissions 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 attempt be made, Elena K Photography reserves the right to seek damages to the fullest extent permitted by law.

10. Limitation of Liability: By entering, You agree to release and hold harmless Elena K Photography 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 promotional offer 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.

11. Disputes: THIS Campaign IS GOVERNED BY THE LAWS OF United States AND North Dakota, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, You agree 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 North Dakota having jurisdiction. Further, in any such dispute, under no circumstances shall You 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). You further waive all rights to have damages multiplied or increased.

12. Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the Elena K Photography website. 

13. Submissions Selected List: To obtain a copy of the Chosen Submission's name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Elena K Photography. 

14. Sponsor: The sponsor of the Campaign is Elena K Photography

15. Facebook: The Campaign hosted by Elena K Photography is in no way sponsored, endorsed, administered by, or associated with Facebook.

16. Refundable Deposit: In addition of payment for promotional offer at time of booking call, our artists reserve exclusive studio time to provide you with our very best, personalized one-on-one service while we create your family’s artwork. So that we may accommodate you with the level of service you deserve, we do require a fully refundable deposit and is refunded at your appointment.

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