Winter Memories Terms and Conditions
Visit Idaho invites you to submit photographs or videos for consideration for an advertising and promotional campaign to promote tourism in Idaho (the “Campaign”). To participate, you may submit one or more photograph or video image(s) (“Image”) for consideration in Visit Idaho’s Campaign. Visit Idaho may, in its sole discretion, select one or more Image(s) or it may not select any Image for use with the Campaign. Please read these Official Rules (“Rules“) carefully before submitting your entry.
The Campaign is open only to legal residents of the fifty (50) United States (including District of Columbia) who are at least eighteen (18 ) years old at the time of entry. Your participation constitutes your full and unconditional agreement to these Rules. The decisions of Visit Idaho are final and binding in all matters related to the Campaign. You must comply with these Rules in order to be selected, for you Image(s) to be used and/or to receive any compensation from Visit Idaho. Void where prohibited by law.
Subject to eligibility and compliance with these Rules, Visit Idaho will offer the owner of any selected Image a one-time payment of US$50 for any photograph or US$100 for any video, or portion of video selected and used by Visit Idaho for the Campaign. You are responsible for all taxes and fees associated with payment and may be required to provide a government-issued identification and Social Security Number for tax purposes. A completed W-9 will be required before payment can be made. Visit Idaho, in its sole discretion, may negotiate an alternative or different one-time payment or other form of compensation to use any Image submitted by a professional photographer or videographer which is selected and used by Visit Idaho for the Campaign. The one-time payment offered by Visit Idaho for use of an Image is not a prize.
By submitting an Image for consideration, you represent and warrant that the Image and all content in the Image is your own, is original, does not violate or infringe any copyright or other right of any third party and was taken or captured inside the State of Idaho. By submitting the Image, you grant Visit Idaho an irrevocable, worldwide, and royalty-free license to copy, modify, edit, distribute, display and create derivative works from the Image, and portions thereof, in connection with the Campaign and any other promotional uses by Visit Idaho in any media and medium now known or hereafter developed without further consideration. You also grant Visit Idaho the right to sublicense the foregoing license to others.
You agree that your submission of an Image constitutes permission for Visit Idaho to use the names, likeness, image and identifying characteristics of you and any persons featured in the Image. You also represent and warrant that each person depicted in the Image will sign, or have signed by such person’s parent or guardian, a waiver and release agreement in the form provided by Visit Idaho that includes, among other terms, consent to use and reproduce any such person’s image, name, likeness and identifying characteristics, without compensation or consideration, for any legal purpose as deemed reasonable by Visit Idaho, and an agreement to indemnify and hold harmless all Released Parties (defined below) for any use of any Image. Aside from the one-time payment described above, such use of any Image will be without compensation and may be for editorial, public relations, promotional, or advertising purposes, or any other legal purpose as deemed reasonable by Visit Idaho. You agree that Visit Idaho’s one-time payment for any selected Image used with the Campaign is contingent on Visit Idaho receiving a waiver and release agreement for each person depicted in the Image.
Acceptance or acknowledgment of an entry does not constitute Visit Idaho’s agreement that the Image complies with the Rules, and does not in any way waive Visit Idaho’s rights to disqualify you from the Campaign or its rights to enforce these Rules. A participant is not deemed eligible unless and until his/her eligibility and compliance with these Rules has been verified as may be required by Visit Idaho. Decisions by Visit Idaho regarding a participant’s eligibility, notification, and acceptance or disqualification will be final and binding.
Any Image depicting or suggesting unsafe or illegal behaviors, such as depicting or implying trespassing, will be disqualified.
Visit Idaho reserves the right in its sole discretion to cancel, terminate, modify, or suspend the open call for submissions, the Campaign or opt not to select any Image for use with the Campaign, for any reason, without limitation, within or beyond the control of Visit Idaho.
By entering the Campaign you release and hold harmless Visit Idaho its officers, directors, agents, employees, affiliates, subsidiaries, suppliers, distributors, advertising/promotion agencies and each of their respective parent companies and each such company’s officers, directors, employees and agents, and customers (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 the Campaign.
You will defend, indemnify, and hold Visit Idaho and the Released Parties harmless from any and all claims, liabilities, costs, and damages (including attorneys’ fees) arising from or in connection with (1) any claims that an Image infringes, misappropriates or otherwise violates any third party right, including copyright, rights of publicity and privacy, or other proprietary right of any third party, or (2) any breach of these Rules. You agree that none of the indemnified entities or individuals identified in this paragraph shall have any liability whatsoever for any claims, losses, or damages due to your acts, omissions, or breaches of these Rules.
The Campaign is subject to all applicable federal, state, and local laws and regulations.
If for any reason your entry is not received, deleted, lost, destroyed or corrupted, your sole remedy is another entry in the Campaign, if the Campaign remains open and has not been terminated. IN NO EVENT SHALL ANY OF THE RELEASED ENTITIES BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WITH RESPECT TO ANY AND ALL CLAIMS ARISING FROM OR RELATED TO YOUR PARTICIPATION IN THE CAMPAIGN.
The Rules are governed by the laws of the state of Idaho, without regard to its conflict of laws principles. Any dispute arising out of this Campaign will be resolved in the state and federal courts located in Ada County, and you consent to the sole and exclusive jurisdiction of such courts. The invalidity of any term or provision of these Rules will not affect the validity of any other provision. Waiver by Visit Idaho of strict performances of any provision of these Rules will not be a waiver of or prejudice Visit Idaho’s right to require strict performance of the same provision in the future or of any other provision of these Rules.
Visit Idaho is a public agency and personal information provided to Visit Idaho may be disclosed in accordance with public records laws, and any personal information you disclose in any information and any Image that you submit may be made public. If you do not want this information made public, do not submit it.