TERMS AND CONDITIONS FOR THE #WhoIsElena USA Photo Contest

1. This contest will be governed by these terms and conditions (the “Terms”) and participants agree that they have read and understood the Terms and will be bound by them.

2. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS, REGULATIONS, AND ORDINANCES. OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND D.C. WHO ARE AT LEAST AGE 18 AND THE AGE OF MAJORITY IN THEIR JURISDICTION OF PERMANENT RESIDENCE AS OF THE TIME OF ENTRY. VOID WHERE PROHIBITED AND OUTSIDE THE UNITED STATES. U.S. LAWS GOVERN THIS CONTEST. The Promoter reserves the right to verify the eligibility of winners. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Promoter’s decisions, which are final and binding in all matters related to the Contest.

3. Participants may enter the contest by uploading a photo to the #WhoIsElena USA Photo Contest located on the official Elena Filme facebook page or tag a photo on Instagram with the hashtag #WhoIsElena and link to their account to the contest app. The date of the entry must fall within the Entry Period. The entry should be the Participant’s most creative photos inspired by the question “Who is Elena?”.

4. The Entry Period is as follows: The starting date is May 23, 2014, at 3:00 pm (EDT), and the closing date is June 15, 2014, at 11:59 pm (EDT).

5. The contest is the sole responsibility of Busca Vida Films LLC (the “Promoter) and is not open to employees and immediate relatives of employees of Busca Vida Films LLC (the “Promoter”) or any other person professionally connected with this promotion. On Instagram the Participant must use the #WhoIsElena hashtag on their own photo to qualify.

6. More than one (1) entry is allowed per Participant. Placing multiple entries is allowed, but does not increase the chance of winning. Participants may submit up to ten (10) entries.

7. By participating, all Participants agree to the terms and conditions, and to the use of their post and photos on the websites and social media pages of the Promoter. All entries must be the exclusive property of the participant. By participating, all Participants are responsible for the content they enter. The Promoter, shall not be held responsible for any content that is not the exclusive property of the Participant and the Promoter retains the right to disqualify any content at any time, for any reason. By Participating you agree to release Facebook, Instagram and Busca Vida Films LLC from any claims.

8. CHOOSING A WINNER. From all entries, the top ten most liked photos as of the Closing Date and Time will be the Finalists. From the ten Finalists one (1) winner only will be chosen by the Promoter (the “Winner”) for the contest from across the USA, based on what is determined to be the most creative #WhoIsElena entry by a panel of judges. A panel of three judges from the Elena Film team will choose the winners. The winner will be selected from among all valid and eligible Submissions received during the Entry Period, by applying the following criteria (the “Judging Criteria”), weighted as indicated:
Quality of the Photo (25%);
Extent to which the photo answers the question “Who is Elena?” (25%);
Creativity of the Photo (50%).

9. The Winner will be selected within 2 business days after the closing date as stated in clause 4 above. The Winner will be notified by Direct Message on Instagram within forty-eight (48) hours of being selected. The Winner needs to respond to the Promoter within 24 hours after the first notification to confirm his/her acceptance with the terms and conditions of this Promotion, as well as with the use of his/her posts and photos on the Promoter’s websites (including social media platforms). If such response has not been received by the Promoter within the said time, the Promoter has the right to choose another Winner. Such Winner will be chosen at the sole discretion of the Promoter, based on what is determined to be the next most creative #WhoIsElena Contest photo. The Winner will receive written confirmation and full details of the prize by e-mail as soon as reasonably possible thereafter.

10. The Winner’s prize for the competition shall be a Canon EOS Rebel T3i DSLR Camera with EF-S 18-55mm IS II Lens Kit (estimated retail value of $550).

11. The Promoter will ship the prize using any method The Promoter deems necessary.

12. The prize does not consist of anything other than what is expressed in clause 10 for the Winner of the photo contest. Above and additional costs are not included in the prize and will be the responsibility of the Winner.

13. The Winner is responsible for all applicable taxes and expenses not specified in the prize description.

14. The Winner may be required to provide a written acknowledgement of acceptance of all the terms and conditions of the promotion prior to receiving the prize.

15. In the event that the Promoter cannot for any reason not of its own fault contact the Winner within forty-eight (48) hours of first attempting to do so, the Promoter reserves the right to select another Winner, who will be selected applying the same criteria as that used to select the original Winner.

16. The Promoter reserves the right to select an alternative Winner in the event that the Promoter has reasonable grounds for believing that a selected Winner has contravened any of these terms and conditions of the promotion. Any alternative Winner will be selected applying the same criteria as that used to select the original Winner.

17. The Promoter reserves the right to terminate the promotion and withhold the prize(s) in the event that, in the Promoter’s reasonable opinion, there are insufficient entries. The Promoter’s decision is final with respect to any aspect of the promotion, including the determination of a Winner. No correspondence will be entered into.

18. By entering this promotion, all participants hereby grant to the Promoter and its respective parents, subsidiaries and affiliated companies a worldwide, royalty-free, non-exclusive license to use, reproduce, copy, adapt, transmit, broadcast, publish or delete any information or other material including, without limitation, the entrant’s name (first and last), entry, photograph, likeness, biographical information, voice, text, images, designs, audio and/or video clips submitted in entering or any statement made by them concerning the promotion (“Submissions”) for a period of 99 years, for any purposes and in any and all media.

19. For the avoidance of doubt, participants acknowledge that their Submissions may be used for publicity purposes without further consent or payment if they are selected as the Winner.

20. The Promoter can accept no responsibility for entries lost, delayed, misdirected, damaged or undelivered. Incomplete, inaudible and/or illegible entries will be disqualified. The Promoter shall not be responsible for entries that are not picked up from Instagram’s accounts for which the settings are private (not available to public). The Promoter shall not be responsible for technical errors in telecommunications networks, internet access or otherwise preventing entry to any promotion.

21. The prize is as stated and is non-transferable. No cash alternatives will be offered. If due to circumstances beyond the Promoter’s control the Promoter is unable to provide any stated prize or any part of it, the Promoter reserves the right to award a substitute prize of equal or greater value.

22. The Promoter shall not be liable for any delay in performing or partial or total failure to perform any of its obligations to the Winner under these Terms if such delay or failure is caused by circumstances beyond its reasonable control, including – without limitation – delays, changes, disruptions, cancellations, diversions or substitutions howsoever caused, including – without limitation – as a result of war, terrorist action or threatened terrorist action, strikes, hostilities, civil commotions, accidents, fire, flood, natural catastrophes, global health crises or arising – without limitation – out of or in connection with (i) the activities of third party event organizers; (ii) any form of transportation (including but not limited to flights, trains, coaches, buses, ferries, taxis or cars); and/or (iii) by third parties providing accommodation included in the prize. For the avoidance of doubt, the affected Winner shall be solely liable for any additional costs incurred as a result. By receipt of any prize, the Winner agrees to release and hold harmless the Promoter and its respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and prize supplier, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively the “Released Parties”) from and against any claim or cause of action, including but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in this promotion or receipt or use or misuse of any prize.

23. Each provision excluding or limiting liability is to be construed separately and will apply and survive even if for any reason any of the other provisions are held to be inapplicable or unenforceable in any and all circumstances. Each of the provisions excluding or limiting liability will remain in force notwithstanding any termination of these Terms.

24. Any queries regarding the promotion should specify the name of the promotion and be sent by email to: whoiselenacontest@elenafilm.com (please make sure that you add #WhoIsElena in the subject of your email).

25. The entrant’s name and email address will be used by the Promoter in connection with this promotion and can also be used for the purpose of sending him/her the latest product and promotional information when the entrant has specifically opted in by ticking the relevant opt in boxes. It will not be disclosed to any third party except for (a) the purpose of fulfilling the prize(s) where applicable and (b) for any purpose for which the entrant has specifically opted in by ticking the relevant opt in boxes. Any personal information held by the Promoter in respect of any promotion will be held on record for a reasonable period to fulfill the purpose for which such personal information was collected. If an entrant gives the Promoter permission to pass on their personal information to a third party then this shall no longer be the responsibility of the Promoter and shall be subject to the privacy policy of that third party.

26. The entrant has the unlimited right to withdraw his/her consent for the usage of his/her personal data for direct marketing purposes and to access and modify any personal data at any time. The entrant can do so by sending an email message to:

whoiselenacontest@elenafilm.com

(please make sure that you add #WhoIsElena in the subject of your email)

27. Only entries from individual persons will be accepted. Any entries that the Promoter believes have (a) been made via participation in a syndicate or (b) via any form of machine assisted intervention enabling computer generated multiple entries, will be disqualified.

28. No waiver of any rights by the Promoter or any entrant will be taken as a waiver of any other rights it may have. For example, if the Promoter waives its right to complain about a particular breach of these Terms by an entrant, it does not prevent the Promoter from complaining about other breaches.

29. This contest is the sole responsibility of the Promoter. Instagram shall not, under any circumstances, be liable to you the entrant for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of Instagram or the #WhoIsElena Cultural Contest, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not Instagram has been advised of the possibility of such damages. Under no circumstances shall Instagram be liable to you for any amount.

30. By entering the participants must also agree to the Terms and Conditions of Instagram. Which can be read at http://instagram.com/about/legal/terms/

31. These Terms shall be governed by and construed in accordance with the laws of the USA and any disputes shall be subject to the non-exclusive jurisdiction of the competent courts in New York City, NY USA.


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