Volume Photography: Multi-Participant/Multi-Subject Photography survey Raffle OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING A PRIZE.
THESE OFFICIAL RULES CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST SPONSOR (AS DEFINED BELOW) TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SPONSOR ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
The Volume Photography: Multi-Participant/Multi-Subject Photography survey Raffle (the “Promotion”) is governed by these Official Rules. The Promotion begins on February 21st 2025 (the “Promotion Start Date”) and ends on May 21st 2025 (the “Promotion End Date”). The period between the Promotion Start Date and the Promotion End Date is referred to as the “Promotion Period.” The Promotion is sponsored by Zenfolio, Inc. (the “Sponsor”) with offices at 303 Twin Dolphin Drive, 6th Floor, Redwood City, CA 94065, and is not sponsored, endorsed, or administered by any other party not named in these Official Rules.
1. HOW TO ENTER
To participate in this Promotion, you (“you,**” “your,” or “participant”) must complete the survey titled “Volume Photography: Multi-Participant/Multi-Subject Photography survey Raffle” in full, providing honest and truthful responses. Only one (1) entry per person is allowed. The email address provided in the survey must match the email address associated with your existing, active Zenfolio account.
• Alternate Method of Entry by Mail: You may also enter by mail by legibly printing (in ink) your full name, complete home address (including zip code), home telephone number (with area code), date of birth, and the email address associated with your Zenfolio account on a 3”x5” card, and mailing it in a first-class stamped envelope to:
Zenfolio, Inc.
303 Twin Dolphin Drive, 6th Floor
Redwood City, CA 94065
Attn: Survey Raffle
Mailed entries must be postmarked and received prior to the Promotion End Date.
Participation in the Promotion is voluntary and does not require you to purchase anything from the Sponsor. All information provided by you to the Sponsor in connection with this Promotion is subject to the Sponsor’s Privacy Policy.
2. PRIZE
There will be one (1) winner of the Promotion (the “Winner”). The prize is a $100 Tango Giftcard (the “Prize”). The Winner will be selected and notified within ten (10) days following the Promotion End Date and the Prize will be distributed within seven (7) days after a Winner has been confirmed or verified in accordance with these Official Rules.
Sponsor reserves the right to substitute a prize of equal or greater value if the designated Prize becomes unavailable for any reason. The winner is responsible for all taxes and fees associated with Prize receipt and/or use. Any prize details not specified herein will be determined by the Sponsor in its sole discretion. The Prize is not transferable or refundable and must be accepted as awarded. No cash or other substitution may be made except by the Sponsor, who may substitute a prize with another item of equal or greater value if the Prize becomes unavailable.
Third-Party Gift Card Fulfillment
The gift card provided as a prize in this Promotion is issued by Tango Card, Inc. (“Tango Card”) and not by Zenfolio, Inc. (“Zenfolio” or “Sponsor”). Use of the gift card is subject to all terms, conditions, and policies imposed by Tango Card. Zenfolio has no responsibility or liability for any aspect of the gift card after delivery, including, but not limited to, its functionality, quality, or any actions or inactions by Tango Card. Any questions or concerns regarding the gift card, including issues with redemption or lost or stolen cards, must be directed to Tango Card in accordance with their terms and conditions.
3. ELIGIBILITY
The Promotion is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age as of 11:59 p.m. (Pacific Time) on the day before the Promotion Start Date, who have an existing, active Zenfolio account, and who submit entries as provided in these Official Rules.
Each participant may enter only once during the Promotion Period. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and may result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, or misdirected entries, which will be disqualified. In the event of a dispute over the owner of an entry, the authorized account holder of the email address used to register will be deemed the entrant. The “authorized account holder” is the natural person assigned an email address by an internet access provider or other organization responsible for assigning email addresses. The potential Winner may be required to show proof of being the authorized account holder.
By participating in the Promotion, participants accept the conditions stated in these Official Rules, agree to be bound by the decisions of the Sponsor, and warrant that they are eligible to participate. Employees, volunteers, independent contractors, officers, and directors of the Sponsor, its affiliates and subsidiaries, its advertising, promotion, and fulfillment agencies, and its legal advisors (and the immediate family members and persons living in the same household of each such person) are not eligible to participate in the Promotion. THE PROMOTION IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW and is subject to all applicable federal, state, and local laws and regulations.
4. WINNER SELECTION AND NOTIFICATION
Within ten (10) days following the end of the Promotion Period, Sponsor will conduct a random drawing from among all eligible entries received. The odds of winning depend on the total number of eligible entries received.
The potential Winner will be notified promptly via email, and each participant consents to such notification by email. Sponsor will send a private message to the potential Winner with instructions on how to claim the Prize and may, where lawful, require execution and return of an Affidavit of Eligibility, Release of Liability, and, where lawful, a Publicity Release.
Sponsor is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify a potential Winner. The potential Winner may be required to provide proof of identification. If a potential Winner does not accept the Prize within five (5) business days of notification or is otherwise ineligible, fails to return any documentation or identification requested in accordance with these Official Rules, or if the Prize or Prize notification is not deliverable, then that Prize shall be deemed forfeited and void as to that participant. In such case, Sponsor may, at its sole discretion, select an alternate Winner by random drawing.
Each prize recipient agrees to the Sponsor’s use of the Winner’s name, address, likeness, and/or Prize information for promotional purposes in any medium, without additional compensation, where permitted by law. Participants retain any copyrights in their submissions; however, by entering the Promotion, participants grant Sponsor a royalty-free, perpetual, transferable, worldwide, irrevocable right and license to reproduce, publish, distribute, republish, publicly display, and otherwise utilize their submissions for advertising and promotional purposes, including publishing and displaying their name in connection with the submission, without further consideration or compensation.
5. GENERAL CONDITIONS
By participating, each participant agrees to release, discharge, and hold harmless Sponsor and its agents, directors, officers, shareholders, employees, insurers, parents, subsidiaries, divisions, affiliates, predecessors, successors, representatives, advertising, promotion and fulfillment agencies, and legal advisors (collectively, the “Released Entities”) from any claims, losses, and damages arising out of or relating to the Promotion, participation in the Promotion, the Prize, or any portion thereof, or acceptance, possession, use, or misuse of any Prize or portion thereof.
The Released Entities are not responsible for: (a) lost, late, incomplete, misdirected, damaged, or illegible entries; (b) technical or computer malfunctions, lost or unavailable network connections, or failed, incomplete, garbled, or delayed transmissions; (c) any conditions caused by events beyond their control; or (d) any printing or typographical errors in these Official Rules or other materials. Sponsor reserves the right, in its sole discretion, to suspend, modify, or cancel the Promotion if any unauthorized human intervention or other causes beyond the Sponsor’s control affect the administration, security, fairness, or proper conduct of the Promotion.
The Promotion shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law rules.
6. RIGHT TO TERMINATE OR MODIFY
Sponsor reserves the right, in its sole discretion, to cancel, suspend, or modify the Promotion or any part thereof (including ending the raffle and closing the survey), at any time before the scheduled Promotion End Date if, in Sponsor’s opinion: (a) any fraud, technical failure, human error, or any other factor impairs or may impair the integrity or proper functioning of the Promotion; or (b) the Sponsor has received a sufficient number of responses or entries to meet its internal quota or goal for the Promotion. In the event of any such cancellation, suspension, or modification, Sponsor may (but is not required to) select the Winners from among all eligible entries properly received prior to the action taken, or as otherwise deemed fair and appropriate by Sponsor in its sole discretion. Sponsor shall not be required to award any prizes that are not legitimately claimed prior to the date of such cancellation, suspension, or modification.
- Bad Faith Entries: The Sponsor reserves the right to disregard or disqualify any survey submission that it, in its sole discretion, determines was filled out in bad faith or solely to gain entry into the raffle without providing genuine or truthful responses.
7. ARBITRATION AGREEMENT
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
1. Agreement to Arbitrate
You agree that any and all disputes or claims that have arisen or may arise between you and Zenfolio, Inc. (the “Sponsor”), whether arising out of or relating to these Official Rules (including any alleged breach thereof), the Promotion, your participation in the Promotion, the Prize, acceptance, possession, use or misuse of the Prize, any advertising, or any aspect of the relationship or transactions between you and the Sponsor, shall be resolved exclusively through final and binding arbitration, rather than a court, except that you may assert individual claims in small claims court if your claims qualify. Nothing in this Arbitration Agreement precludes you from bringing issues to the attention of federal, state, or local agencies. By participating in the Promotion, you agree that you and the Sponsor are each waiving the right to a trial by jury or to participate in a class action. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
2. Prohibition of Class and Representative Actions
YOU AND THE SPONSOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE SPONSOR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF.
3. Pre-Arbitration Dispute Resolution
The Sponsor is always interested in resolving disputes amicably and efficiently. You agree to first attempt to resolve any dispute informally by contacting the Sponsor in writing at:
Zenfolio, Inc.
303 Twin Dolphin Drive, 6th Floor
Redwood City, CA 94065
Attn: Survey Raffle
If the dispute cannot be resolved within sixty (60) days from the date of your written notification, either you or the Sponsor may then proceed to initiate arbitration.
4. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator under the American Arbitration Association (“AAA”) rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For more information on the AAA Rules, visit www.adr.org. If there is any conflict between these Official Rules and the AAA Rules, these Official Rules shall control, unless the arbitrator determines that such application would not result in a fundamentally fair arbitration. The arbitrator shall follow applicable law, including recognized principles of equity, and shall honor claims of privilege recognized by law. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement.
5. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules. Each party will bear its own attorneys’ fees and expenses unless the arbitrator determines a claim is frivolous, in which case the arbitrator may award reasonable fees and costs in accordance with applicable law.
6. Confidentiality
All aspects of the arbitration proceeding and any ruling, decision, or award by the arbitrator will be strictly confidential for the benefit of all parties, except to the extent disclosure is required by law or necessary to enforce an arbitration award in a court of competent jurisdiction.
7. Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the prohibition of class or representative actions in Section 6(2) above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision. This Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions in Section 6(2) is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor the Sponsor shall be entitled to arbitration. The remainder of these Official Rules will continue to apply.
8. WINNERS LIST
To obtain the first name, last initial, city, and state of the winner (“Winner”) after the Promotion Period, send a self-addressed, stamped envelope marked “Zenfolio Survey Raffle Winners List” to the Sponsor at the following address:
Zenfolio, Inc.
303 Twin Dolphin Drive, 6th Floor
Redwood City, CA 94065
Attn: Survey Raffle
Requests for the winners list must be received no later than ninety (90) days from the end of the Promotion Period. (Residents of Vermont and Washington need not include return postage.)
9. NOTICE
The Sponsor reserves the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of the Promotion in violation of these Official Rules and/or criminal or civil law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
10. COPYRIGHT
Copyright © 2025 Zenfolio, Inc. All rights reserved. Zenfolio and the associated logos are trademarks of Zenfolio, Inc. Any other trademarks in these Official Rules are used solely for prize-identification purposes and remain the properties of their respective owners.