VSCO Voices Program
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
By participating in the Competition, you agree to these Rules and to be bound by the decisions of the Sponsor, Administrator and any judges selected by the Sponsor or Administrator, which shall be final in all respects. Please read these Rules carefully.
1. Binding Agreement. You agree that submission of an Entry in the Competition constitutes agreement to these Rules. These Rules form a binding legal agreement between you, Sponsor and Administrator with respect to the Competition. Judges will choose the winning entries, and prizes will be awarded in accordance with these Rules.
2. Sponsor and Administrator Addresses. Sponsor: Access Ventures, PO Box 4572 Louisville, KY 40204. Administrator: Visual Supply Company, 1500 Broadway, Ste 300 Oakland, CA 94612.
3. Eligibility Criteria. This Competition is open only to legal residents of the 50 United States and D.C., 18 years of age or older at the time of entry, who have Internet access and are the authorized user of an email address in the U.S, who have a registered VSCO account, and who have a US bank account. Void in all U.S. territories and possessions and where prohibited. Employees, officers, directors, agents, and representatives of Sponsor, Administrator, their respective parent companies, affiliates, subsidiaries, advertising, design, web design, web hosting and publicity agencies (the "Competition Entities"), members of their immediate families (spouse, parents, children, siblings and each of their spouses regardless where they live), all others with whom they are domiciled, and anyone else connected with the production or distribution of this Competition are not eligible to enter or be awarded a prize.
4. Competition Period. The Competition begins on January 7, 2019 at 10:00:00 AM U.S. Pacific Standard Time (PST) and ends on February 18, 2019 at 11:59:00 PM PST (the “Submission Period”). Administrator’s computer is the official time keeping device for the Competition.
Only fully complete and compliant Entries are eligible pursuant to these Rules, in the sole discretion of Sponsor and Administrator. All interpretations of these Rules and decisions made by Sponsor and Administrator relating to the Competition are final and binding in all respects.
6. Entry Requirements. By submitting an Entry, you represent and warrant that your Entry conforms to the following requirements (“Entry Requirements”):
Entries that exploit bugs in the platform, or otherwise violate the spirit of the Competition (as determined by Sponsor or Administrator in their sole discretion), will be rejected;
Entries cannot contain information or content that Sponsor or Administrator, in their sole discretion, deem to be unlawful, harmful, abusive, inappropriate for public viewing, racially or ethnically offensive, defamatory, sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or that contains nudity or portrayals of any materially dangerous activity;
Entries cannot defame, misrepresent or contain disparaging remarks about Sponsor, Administrator or their products, or other people, products or companies;
Entries cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind;
Entries cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission of the copyright owner; Sponsor does not permit the infringement of others’ rights and any use of materials not original to the applicant (except copyrighted materials owned by Sponsor or Administrator) is grounds for disqualification from the Competition. Do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your Entry and grant the rights herein granted to Sponsor and Administrator;
Entries cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
Entries that attempt to harm the platform or otherwise create an unfair advantage over other applicants will be rejected;
Entries cannot be in violation of any law, regulation or third party rights; and
By submitting an Entry, you warrant and represent: (a) that it is your original work, (b) that it has not been previously published or sold, (c) that it has not won previous awards, and (d) that it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity.
7. Judging Criteria and Grant Recipient Selection. Entries that fail to meet the Eligibility Criteria and the Entry Requirements by the end of the Submission Period will be deemed incomplete and, at the discretion of Sponsor or Administrator, may be disqualified.
Following the conclusion of the Submission Period, potential grant recipients will be selected by judges designated by the Sponsor (“Judges”) from among all eligible entries received, according to the following judging criteria:
1/6 — Quality of work: Applicant has a strong creative background that is exemplified in their work. They care about their output and are committed to high standards of quality.
1/6 — Outlined budget: Applicant has an understanding of the budget and what it will take to finish their proposed Project. They have included in their outline a clear and concrete list of Project needs, as well as realistic projected costs.
1/6 — Scope of work: Applicant has outlined a realistic timeframe for their proposed Project and will be able to accomplish within the Project Term.
1/6 — Creative process: Applicant is well thought out and mindful in their approach. Original ideas and creative concepts are brought to light through the proposed Project.
1/6 — Passion / Connection to thematic area: Applicant has a strong connection to the community that they will be representing. They have a voice and want to help give that to the marginalized communities. They deeply care and want to be part of something that is bigger than themselves.
1/6 — Humility: Applicant is humble, modest and has a hunger to grow not only in their career, but also with other grant recipients in the program, and looks to others for advice/mentorship.
The Judges will conduct phone interviews with the selected potential grant recipients, and may also contact the potential grant recipients’ references to discuss their prior creative project experience. The Judges will then select five (5) grant recipients with the highest scores as determined by the foregoing criteria. In the event of a tie, a Judge not previously involved in the judging will judge and rate the tied submissions according to the same criteria as stated above to break the tie. Decisions of Sponsor and the Judges are final and binding in all respects. Sponsor and Administrator reserves the right to disqualify any Entry at its sole discretion. For instance, if Sponsor believes that an Entry was submitted in bad faith, it may disqualify the Entry.
8. Grant Recipient Notification. Becoming a grant recipient is subject to validation and verification of eligibility and compliance with all the terms and conditions set forth in these Rules. The potential grant recipients will be notified by email, at Sponsor’s discretion, on or about April 1, 2019. If a potential grant recipient does not respond to the notification attempt within two (2) business days from the first notification attempt, then the potential grant recipient may be disqualified and an alternate potential grant recipient will be selected from among qualifying Entries based on the judging criteria described herein. The grant recipients will also be announced publicly via Sponsor’s and/or Administrator’s social media channels. Grant recipients may not publicly disclose their grant award until after Administrator announces the grant recipients on its social channels. The potential grant recipients will be required to sign a Grant Recipient Agreement, an affidavit of eligibility (which affirms that he/she has complied with these Official Rules) as well as a liability and publicity release, each of which, if issued, must be completed, signed and returned within seven calendar (7) days from date of issuance, or all interest in the grant will be forfeited and the grant will be awarded to an alternate grant recipient. Sponsor and Administrator are not responsible for any change of email address, mailing address and/or telephone number of applicants. The potential grant recipients must also complete, sign and return to Sponsor or Administrator an IRS W-9 form, and proof of identification and residency status (including grant recipient’s social security number or Tax ID as required for income tax reporting purposes) within the stated time in order to claim a grant.
9. Prize and Related Terms. Five (5) grant recipients will each be awarded a monetary grant in the amount of $20,000 (“Grant”) for the purpose of developing, producing, and distributing a project that raises the voice of marginalized people and communities (“Project”). The Project shall commence in April 2019 and end in November 2019 (the “Project Term”). The Grant will only be awarded if the grant recipient signs and returns the Grant Recipient Agreement and completed W-9 Form to the Sponsor or its Administrator. If the grant recipient does not return a signed Grant Recipient Agreement and W-9 Form to the Sponsor or Administrator, the Grant will be forfeited. The Grant will be paid in two (2) installments of $10,000 each, by ACH transfer to the grant recipient’s US bank account. The first grant installment will be distributed after the grant recipient submits a signed copy of the Grant Recipient Agreement and completed W-9 Form as required by these Official Rules; the second grant installment will be distributed after the Grant Recipient completes a midpoint budget review with Sponsor or its Administrator. All grant recipients must attend two event days hosted by the Administrator, to be further described in the Grant Recipient Agreement. The grant includes roundtrip coach class airfare for grant recipient from the major airport in the continental United States closest to grant recipient’s home to the event locations, accommodations (may be shared occupancy), ground transportation, and meals. All other expenses associated with acceptance or use of the grant are the sole responsibility of each grant recipient. All air travel and accommodations must be arranged through Sponsor, Administrator or its designated travel agency and grant recipients must travel on the dates designated by Sponsor or Administrator or forfeit their interest in the prize. Grant recipients must arrive at the airport in time for their departures and obtain and possess all required travel documents. The grant recipients are responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that the Sponsor and Administrator have not and will not obtain or provide travel insurance or any other form of insurance. Sponsor and Administrator have no responsibility for lost, stolen, misplaced or mutilated tickets and/or travel documents, baggage, flight delays, or any other occurrences beyond its control. No refund or compensation will be made in the event of the cancellation or delay of any flight. Unused components of the prize have no redeemable cash value. Travel is subject to the terms and conditions set forth in these Rules and by the travel prize suppliers, including but not limited to, the airline’s passenger ticket contract. All costs and expenses associated with prize acceptance and use not specifically described herein are the sole responsibility of the grant recipient. No transfer, assignment, substitution or cash equivalent for prizes is allowed, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize, or any element of the prize, in whole or in part, with a prize or element of equal or greater monetary value if a prize or prize element cannot be awarded as described for any reason. The total approximate retail value (“ARV”) for each grant award (inclusive of travel and event components) is $22,739. ARV is as of date of printing of these Official Rules. The difference in value of each grant as stated herein and actual value at time of award, if any, will not be awarded. The actual value of the grant travel components will depend, among other things, on the grant recipients’ travel itineraries and the prevailing cost of airfare and accommodations at the time of prize award. Grant recipients may use the Grant for supplies, equipment, permits, rentals, travel related to the Project, or as a stipend. Grant recipients may not use the Grant for any expenses or deficits incurred before or after the Project Term, any programs or events that have already taken place, or any scholarships, fundraising, loans, or travel not related to the Project.
Grant recipient acknowledges that Competition Parties have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective manufacturers’ terms therefore, and grant recipients agree to look solely to such manufacturers for any such warranty and/or guarantee.
10. Use of Entries. Participant hereby agrees to grant to Sponsor and Administrator an irrevocable, worldwide, and royalty-free right and license to use Participant’s Entry for purposes related to evaluation, scoring and administration in this Competition, including but not limited to the assessment of potential cheating behavior, and to publish, transmit, distribute, publicly perform, display, copy and otherwise use the Entry for purposes of conducting and publicizing the Competition and promoting the Sponsor and Administrator and their respective missions, products and services. Grant recipients may be required to complete, sign and return a Release for use of Entries, where lawful, in Sponsor’s sole discretion.
11. Publicity. Except where prohibited by law, each grant recipient grants (and agrees to confirm this grant in writing, if requested) permission to Sponsor and Administrator to use or publish his/her name, photograph, voice and/or likeness, and/or biographical information in any medium (including, without limitation, in print, via television, via the internet, via email or in any other media now known or hereafter devised) for any advertising, publicity, trade, promotional or other lawful purposes worldwide in perpetuity without further compensation, right of approval or notification to grant recipient of any kind.
12. General Conditions. All federal, state and local laws and regulations apply, and the Competition is void where prohibited by law. Sponsor and Administrator reserve the right to disqualify any applicant from the Competition if, in their sole discretion, Sponsor or Administrator believes that the applicant has attempted to undermine the legitimate operation of the Competition by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other applicants, judges, Sponsor, Administrator or any other person. Nothing contained herein shall constitute this Competition to be an arrangement for employment, a joint venture, or a partnership.
13. Taxes. The value of the prize will be taxable to the grant recipient as income. All federal, state and local taxes and any other costs and expenses associated with the acceptance and/or use of grant are solely the grant recipient’s responsibility. Income will be reported to winners on IRS Form 1099, as required under IRS rules and a copy of said form will be sent to the IRS. Please contact your own tax advisor for any questions concerning taxes.
15. Disclaimer and Limit of Liability. Sponsor and Administrator make no representation or warranties of any kind, express or implied, regarding any benefit or component of any grant or applicant’s participation in the Competition. Sponsor and Administrator shall not be responsible or liable for any loss, damage, cost, or injury that arises from or relates to participation in the Competition, or winning or use of a grant, including but not limited to: (i) late, lost, delayed, damaged, misdirected, incomplete, or unintelligible entries; (ii) telephone, electronic hardware or software program, network, internet, or computer malfunctions, failures, viruses or difficulties of any kind; (iii) failed, incomplete, garbled or delayed computer transmissions; (iv) the uploading or downloading of any material in connection with the Competition; and (v) any other condition that may cause the Competition to be disrupted or corrupted. Sponsor and Administrator reserves the right, in their sole discretion and without prior notice, to suspend or cancel any Competition or alter the rules for any reason, including but not limited to alteration or corruption of the administration of the Competition by computer virus, technical problem, or other unforeseeable event. As a condition of entering, applicants agree (and agree to confirm in writing if requested by Sponsor or Administrator) that to the fullest extent permitted by applicable law: (a) under no circumstances will applicant be permitted to obtain awards for, and applicant hereby waives all rights to claim, punitive, incidental, indirect, special, exemplary, or consequential damages and (b) that any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. By entering, you acknowledge and agree that (a) Administrator shall have no obligation or liability whatsoever for the monetary component of the grants offered in this Competition; (b) Sponsor shall be solely responsible for fulfillment of such grant awards; and (c) you will look solely to Sponsor for any recourse for any failure to award the monetary components of any grant you may be selected to receive. If an applicant is a California resident, such applicant hereby waives California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.” THE LAWS OF SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE OTHER RIGHTS.
16. Release, Warranty and Indemnity. You warrant that your Entry is your own original work and, as such, you are the sole and exclusive owner and rights holder of the submitted Entry and that you have the right to submit the Entry in the Competition and grant all required licenses. To the maximum extent permitted by law, you agree to release, defend, indemnify and hold harmless Sponsor, Administrator, their affiliates and the Competition Entities from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs, claims and expenses, including but not limited to, personal injury, death, damage to or loss of property, rights of publicity, privacy or defamation and attorneys’ fees, arising out of or accruing from: (i) any Entry or other material uploaded or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (ii) any misrepresentation made by you in connection with the Competition; (iii) any non-compliance or breach by you of these Rules and the representations and warranties set forth herein; (iv) claims brought by persons or entities other than the parties to these Rules arising from or related to your involvement with the Competition; (v) acceptance, possession, misuse or use of any grant or participation in any Competition-related activity or participation in the Competition; (vi) any error in the collection, processing, or retention of entry information in relation to the Entry and your participation in the Competition; or (vii) any typographical or other error in the printing, offering or announcement of any grant or grant recipients in relation to your entry and participation in the Competition.
17. Forum and recourse to judicial procedures. These Rules shall be governed by, subject to, and construed in accordance with the laws of the State of California, United States of America, excluding all conflict of law rules. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
18. Grant recipient List. For information on grant recipient(s), mail a self-addressed, stamped envelope to: Visual Supply Company, c/o Kelly Johnson, 1500 Broadway, Ste 300 Oakland, CA 94612. Requests must be received by May 31, 2019.