Terms and Conditions
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility
This Campaign is open only to those who sign up at the giveaway 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 Huelar Portraits offer, special, or promotion within the past 365 days, you are not eligible to win. Prizes are valid for the entry winner and the entry winner’s immediate family only (immediately family is defined as parents and their children). The Campaign is only open to legal residents of United States, and is void where prohibited by law. Employees of Huelar Portraits, 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 Huelar Portraits as final and binding as it relates to the content of this Campaign.
3. Campaign Period
Entries will be accepted online. All online entries must be received during this calendar year.
4. How to Enter
The Campaign must be entered by submitting an entry using the online form provided online and/or at giveaway website. The entry must fulfill all Campaign requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Huelar Portraits. 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 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 Huelar Portraits.
5. Prizes
The Grand Prize Winner of the Campaign (the “Winner”) will receive a Family Portrait Session in Studio at Huelar Portraits and specified size Artwork/print for your home, as specified in the giveaway. Framing is not included. The specifics of the prize shall be solely determined by Huelar Portraits. No cash or other prize substitution shall be permitted except at Huelar Portraits discretion. The prize is nontransferable. All prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for Huelar Portraits to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law. Winner must provide a $300 refundable date reservation deposit to secure their commission date and time with Huelar Portraits. The deposit will be refunded after the Winner has fulfilled the reserved commission date and time.
6. Odds
The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification
Winner will be selected under the supervision of Huelar Portraits. Winner will be notified by means of telephone, text, and/or email within five (5) days following selection of Winner. Huelar Portraits shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 7 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited, and an alternate Winner selected. Receipt by Winner of the prize offered in this Campaign is conditioned upon compliance with all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT HUELAR PORTRAITS' SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by You
By entering this content (e.g., photo, video, text, etc.), You understand and agree that Huelar Portraits, anyone acting on behalf of Huelar Portraits, and Huelar Portraits’ 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, marketing, advertising, public relations, and promotional purposes, without any further compensation, notice, review, or consent. You shall indemnify, defend, and hold harmless Huelar Portraits from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Huelar Portraits may incur, suffer, or be required to pay Winner out of such infringement or suspected infringement of any third party’s right.
9. Terms & Conditions specifics
Huelar Portraits reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Campaign should virus, pandemic, bug, non-authorized human intervention, fraud, or other cause beyond Huelar Portraits control affects the administration, security, fairness, or proper conduct of the Campaign. In such case, Huelar Portraits may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Huelar Portraits. Huelar Portraits 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. Huelar Portraits has the right, in its sole discretion, to maintain the integrity of the Campaign, to void entries 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, Huelar Portraits 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 Huelar Portraits 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 prize 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 California, specific to Santa Clara County and any dispute must be handled inside of Santa Clara County, California, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, participant agrees that any and all disputes that cannot be resolved between the parties and causes of action Winner 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 California having jurisdiction. Further, in any such dispute, under no circumstances shall participant 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). Participant further waives all rights to have damages multiplied or increased.
12. Privacy Policy
Huelar Portraits will not sell your information provided in your entry.
13. Winners List
To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a self-addressed, stamped envelope to: Huelar Portraits, 1863 Concourse Drive, San Jose, CA 95131.
14. Sponsor
The Sponsor of the Campaign is Huelar Portraits.
15. Facebook/Instagram
The Campaign hosted by Huelar Portraits is in no way sponsored, endorsed, administered by, or associated with Facebook or Instagram.
16. Refundable Deposit
Our artists reserve exclusive studio time to provide you with our very best, 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 $300 deposit. This is to secure your portrait session and is refunded after you fulfill your reserved appointment. We require 14-day notice to cancel or reschedule your portrait session. Failure to show without notice will result in forfeiture of your prize and deposit.
17. Taxes & fees
Winner is responsible for any/all taxes or fees associated with receiving the prize given. The 14″ prizes are given away as a certificate of $1500 credit toward artwork in our studio. Our prize winners will be sent appropriate tax forms for your winning artwork and you will be responsible for all associated taxes.
18. Finished Artwork Delivery
Winner must return to the Huelar Portraits Portrait studio to pick up artwork upon completion (typically within 5 months after the commission date).
19. Decision Makers
All decision makers must be present for both the portrait commission and the artwork ordering session. If all decision makers are not able to be present, the deposit will be forfeit and a new deposit will be required in order to reserve another date/time when decision makers can all be present.
20. Prize Redemption
Winner’s gift certificate/prize must be fully redeemed during your commission. All decisions will be made at Winner’s artwork ordering session during the second hour of the commission with Huelar Portraits. This single visit is the opportunity to choose Winner’s primary portrait. Options to enlarge your portrait or choose a higher-end finish at additional fees will be presented to the Winner at time of visit. Any decisions must be made at time of visit and cannot be extended to a later time. All rewards will be delivered ONLY at time of completed portrait session.
21: No additional purchase is expected or required.
22: Portrait artwork available for purchase at Huelar Portraits ranges in price from $800 to $21,000.
23: Framing may be purchased through Huelar Portraits – any artwork framed by Huelar Portraits will include a limited lifetime warranty against defects. Any artwork NOT framed by Huelar Portraits will include no warranty. Framing is not included with any prize.
24: Any/all purchasing decisions made by winner during commission and artwork ordering session will be final and cannot be cancelled or changed for any reason.
25: Cancellation of your session forfeits all prizes.
26: Prize has NO CASH VALUE.
27: You must book your date within 7 days of notification of winning. ALL family members must be present for your portrait commission. Viewing your artwork and ordering immediately follows your portrait session. Your portrait session and image selection must be fulfilled as scheduled and agreed to in order to receive your deposit back.