Post your photo fails in the Philippines and earn a FREE TRIP FOR TWO anywhere or visit again your fave spots!
Terms and Conditions:
The PHOTO FAIL contest (the “Contest”) is organized by the Philippine Department of Tourism (the “PDOT”), in line with its Visit Philippines Again 2016 campaign, consistent with its mandate under Republic Act No. 9593 or the “Tourism Act of 2009”.
This Contest, subject to the discretion the PDOT, may be carried out through its attached agency, the Tourism Promotions Board of the Philippines, being the marketing and promotions arm of the PDOT.
“The Philippine Department of Tourism (PDOT) is inviting you to post your funny photo fails in the Philippines on Instagram, Twitter or Facebook for a chance to win a return back to paradise this 2016.
All entries are subject to the detailed terms and conditions contained herein. By participating in the contest, the participants hereby agree that they have read, understood and accepted these terms and conditions, and shall be bound by the same.”
Terms and Conditions
The PHOTO FAIL contest (the “Contest”) begins November 16, 2015 (12AM) and ends January 15, 2016 (12AM) Philippine time, or a total of ten (10) weeks. All entries must be received on or before January 15, 2016 (12AM) Philippine time.
The Contest is open to all individuals holding non-Filipino passports that have been to the Philippines and would like to come back again in 2016. An individual may submit as many entries as he/she can in the various social media sites where the contest will run in, Provided, that the photo he/she owns the photo.
The Participant should be residing outside of the Philippines, and should have reached the age of majority in their jurisdiction of residence on or before 15 January 2016.
The Participant should have an Instagram, Twitter or Facebook account.
The following are ineligible to join the Contest: (1) Any employees, whether permanent or contractual, job orders and consultants of the PDOT and all its attached agencies, including its regional and international offices, as well as the employees’ relatives up to the second degree of consanguinity or affinity; (2) Employees of the suppliers of the PDOT, such as Agoda Company Pte. Ltd., Agoda International Pte. Ltd. (Philippine Representative Office) (including advertising agencies, promotional agencies), BBDO Guerrero Philippines and all its offices abroad, Dentsu Philippines and all its offices abroad, OMD Philippines and all its offices abroad.
HOW TO JOIN
- Upload your photo fail, which must be taken in the Philippines, on Instagram, Twitter or Facebook and include the hashtag #visitphilippinesagain2016, starting November 16, 2015, 12AM Philippine time until January 15, 2016, 12AM Philippine time. Any entry submitted after 12:`300 A.M. (Philippine Time) on 15 January 2016 shall not be considered.Note: For sharing on Facebook, you must LIKE the official account of the PDOT (“The Philippines” page) and TAG the said official account in the caption of your post for easy tracking. Ensure to leave your privacy settings to “Public” before you hit share, so your entry can be captured.
- The photograph, in its entirety, must be a single work of original material. By entering the Contest, entrant represents, acknowledges, and warrants that the submitted photograph is an original work, and that the photograph does not infringe on the copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property rights of any person or entity.
- The photograph must not, in the sole and unfettered discretion of the Organizer, contain obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content.
- The photograph must be authentic and that the photo fail actually took place in a Philippine destination and the photograph was not edited to make it look like it happened in the said destination. Organizer reserves the right to examine the original photograph/source material in order to confirm compliance with these rules. Should the Organizer discover that the photo was not taken in the Philippines, the entry will no longer be considered.
- Watermarks are not acceptable. Unless the Organizer receives a non-watermarked version of the entry within ten (10) days following its request, the entry will be disqualified.
- Participants shall be notified through Facebook Messenger (for Facebook entries) or directly messaged on Instagram and Twitter, asked to provide the following information for verification:
- Last Name, Given Name, Middle Name
- Birth Date
- Complete Mailing Address
- Contact Number/s
- E-mail Address
- Scanned copy of their valid passport
The participant should reply/submit the required information within 48 hours. Otherwise, your entry will be automatically forfeited, without prejudice to the resubmission of the entry.
- Having a fake/dummy account will automatically forfeit the entry. Entries must be made by the authorized account holder of the Facebook, Instagram or Twitter. “Authorized account holder” is defined as the natural person who is considered the owner of the account, as registered on Facebook, Instagram or Twitter account.
A panel of judges appointed by the Organizer shall rank all eligible entries, based on the following criteria:
- Fun (action, photo fail) – 50%
- Scenic shot of the Philippines – 40%
Eligible entries shall be those that have fully complied with the Terms and Conditions set forth herein. All entries which failed to comply with any of the Terms and Conditions shall be disqualified and will not be judged in accordance with the above-mentioned criteria for judging.
The top three (3) entries garnering the highest percentage points shall be considered the winners. Each participant is eligible to win one single prize, regardless of the number of entries submitted in the contest.
Selection of winners and verification processes shall be done from January 18 to February 5, 2016. Decision of the panel of judges is final and non-appealable. Any further correspondence or request to review the decision shall not be entertained.
If the photograph contains any material or elements that are not owned by the participant and/or are subject to the rights of third parties, and/or if any persons appear in the photograph, the entrant is responsible for obtaining, prior to submission of the photograph, any and all releases and consents necessary to permit the exhibition and use of the photograph in the manner set forth in these Terms and Conditions without additional compensation.
Upon Organizer’s request, each entrant must be prepared to provide (within seven (7) calendar days of receipt of Organizer’s request) a signed release from all persons who appear in the photograph submitted, and/or from the owner of any material that appears in the photograph entry, authorizing Organizer and its licensees (“Authorized Parties”) to reproduce, distribute, display, and create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known. If any person appearing in any photograph is under the age of majority in their state/province/territory of residence, the signature of a parent or legal guardian is required on each release. Failure to provide such releases upon request may result in the selection of an alternate winner.
Similarly, upon Organizer’s request, each entrant must be prepared to provide (within seven (7) calendar days of receipt of Organizer’s request) a signed written license from the copyright owner of any sculpture, artwork, or other copyrighted material that appears in the photograph entry, authorizing any Authorized Party to reproduce, distribute, display, and create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known. Failure to provide such releases upon request may result in the selection of an alternate winner.
Finally, upon Organizer’s request, each entrant must be prepared to provide (within seven (7) calendar days of receipt of Organizer’s request) a signed written license from the owner of any private property included in the photograph entry, authorizing any Authorized Party to reproduce, distribute, display, and create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known. Failure to provide such releases upon request may result in the selection of an alternate winner. For the purposes of these Terms and Conditions, the participant will be deemed to be in receipt of the Organizer’s request or notification, (a) in the event that the Organizer sends the request by postal mail, five (5) business days after the request was sent by the Organizer, or (b) in the event that the Organizer sends the request by email, on the day that the email was sent by the Organizer.
The top three (3) photographs garnering the highest percentage points, based on the criteria for judging provided in Item IV shall receive a Philippine tour package for two (2). The Philippine tour package shall only include round trip economy air transportation for two (2) to any international airport in the Philippines and 3D/2N accommodation for two in the destination and property chosen by the Organizer (2).Travel of the winners must be from 01 April 2016 to 31 December 2016, otherwise, the prizes will be automatically forfeited, without need of prior notice. Prizes are on “As is” basis and, are subject to availability. Announcements on the prizes will be communicated in English only.
All other expenses and incidental costs not expressly indicated herein, including but not limited to, ground transportation; meals; incidentals; gratuities; passenger tariffs or duties; airline fees; national or local taxes; surcharges; airport fees; service charges or facility charges; personal charges such as alcoholic beverages, spa services, and internet usage; security fees; taxes or other expenses are the responsibility solely of the winners. The winners and their respective travel companions must travel together on the same itinerary. Travel companion must execute indemnity/liability releases prior to issuance of travel documents. Winners and their respective travel companions are solely responsible for obtaining valid passports and any other documents necessary for international travel. The Organizer reserves the right to substitute the trip for one of equal or greater value if the designated prize should become unavailable for any reason. The Organizer shall have the sole discretion to determine the specific Philippine destination and accommodation to be given to the winners.
The winners will be announced on the PDOT Official Facebook Page will be announced on or before February 8, 2016, 12NN Philippine time.
The winners will be contacted by email or telephone as per the information furnished to the Organizer at any time, particularly during working hours. The Organizer will make 3 attempts to contact the winners. If the Organizer is unable to contact the winner, the winner shall be deemed disqualified and the Organizer will select the next highest-ranking photograph, in terms of percentage points, based on the criteria for judging provided in Item IV.
The Organizer will not in any circumstances be held liable should the winner cannot be contacted for any reasons whatsoever.
The Organizer reserves the right to withdraw the prize should the selected winner fail to comply with any of the mentioned rules and applicable governing laws.
The Organizer shall not be held responsible for any defects, losses or damages that may occur in connection with the prizes.
All prizes are non-transferable, non-refundable and non-exchangeable for cash.
Winners and their respective companions may be asked to sign the necessary documents relative to this Contest, such as but not limited to Affidavit of Eligibility and Declaration of Ownership of the photography submitted as his or her entry. Failure to execute and deliver any required documents to the Organizer by the specified deadline may result in the selection of an alternate potential winner.
- Entries are void if the Organizer determines the photograph to not be an original, or if the entries are incomplete, inaccessible or blocked, corrupted, damaged, irregular, altered, counterfeit, produced in error or obtained through fraud or theft.
- The Organizer reserves the right to shorten or extend the contest period anytime without prior notice.
- The Organizer assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to Contest entries or entry forms; or alteration of entries or entry forms. Organizer is not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any entry to be received on account of technical problems or traffic congestion on the Internet or at any website, human errors of any kind, or any combination thereof, including any injury or damage to entrants’ or any other persons’ computers related to or resulting from participation, uploading or downloading of any materials related to in this Contest.
- The Organizer reserves the right to disqualify participants who:
- Upload any software or content that they do not own or do not have permission to freely distribute.
- Upload files that contain computer virus or corrupted data.
- Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software programs or applications.
- Attempt to perform any fraud, interfere with, hack into, or decipher any transmissions to or from the servers for this contest.
- The Organizer reserves the right to use, publish or display the names, photographs, contents or any other materials related to the Contest submitted by all participants (including selected winners) for purposes and within the context of the Contest, including advertising and publicity purposes in any mode of publication, distribution or display without any payment of royalty or compensation payable to the winners.
- The Organizer will also have exclusive rights and ownership of the image, content or any other materials related to the contest submitted by all participants.
- The Organizer in its absolute discretion, reserves the right to change, defer, alter or cancel this Contest in part or full or change any or all of the applicable terms and conditions, without providing any prior information, or/and notice of any kind and will not be responsible or liable for any consequential loss or damage. The Organizer reserves the right in its sole discretion to interpret the rules of the Contest, and such interpretation shall be binding upon all participants. The Organizer shall not be responsible for any administrative errors involved in the execution of the contest.
- The decision of the Organizer and the panel of judges are final and binding with respect to all matter relating to this Contest.
- By joining this Contest, the participants agree to release, discharge and hold harmless the Organizer, including its head of agency, officers, employees and agents, as well as all others associated with the development and execution of this Contest, from and against any and all liability, claims, losses, and damages with respect to or in any way arising from this Contest and the awarding and use, misuse or possession of the prizes, including liability for personal injury, except where prohibited or limited by law.
- This Contest is void where prohibited. Participants agree that this Contest shall be subject to and governed by the laws of the Republic of the Philippines and the forum for any dispute shall be exclusively in the City of Makati, Republic of the Philippines. To the extent permitted by law, the right to litigate, to seek injunctive relief or to make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded and any entrant expressly waives any and all such rights. Certain restrictions may apply.
**photo credits to rightful owners