THALO CONTEST OFFICIAL RULES

No Purchase or Payment Necessary to Enter or Win. A Purchase or Payment Will Not Increase Your Chances of Winning.

1.     Eligibility

Thalo Contest (the “Contest”) is open only to legal residents of the fifty (50) United States (including District of Columbia) and Canada (excluding Quebec) who are eighteen (18) years of age or older. Void in Quebec and where prohibited by law. Employees of Thalo, LLC., (“Thalo”) or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Contest and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. Ad hoc and per diem workshop instructors of Thalo and its subsidiaries are eligible for the Contest, regardless of who pays the instructor’s fee. The Contest is subject to all applicable federal, state, provincial, and local laws and regulations. Participation in the Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Thalo’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.

2.     Sponsor

Thalo, located at 510 Broad Hollow Road, Suite 205, Melville, NY 11747 is the sponsor of the Contest. There may from time to time be other entities that are referred to as “sponsors” or “advertisers” of the Contest. These other entities are not responsible for the Contest but rather are an advertising partner of Thalo for a particular Contest.

3.     Timing

This Contest begins 1:00 P.M. Eastern on March 15, 2015 and ends 11:59 P.M. Eastern Time on April 30, 2015.  Phase one - (Submit Your Entry) is from 1:00 P.M. Eastern Time on March 15, 2015 through 11:59 P.M. Eastern Time on April 1, 2015.  Phase two - (Voting) is from April 2 - 25, 2015 11:59 P.M. Eastern Time. Phase three - (Judging) is from April 25- 29, 2015 11:59 P.M. Eastern Time. The Grand Prize Winner and Runner up will be announced on April 30, 2015 at 5:00 P.M. Eastern Time.

4.     How to Enter

To enter go to www.thalo.com and click the Contest promotion link and follow the instructions to submit your original photograph, drawing, design, sculpture, video, or other artistic creation that is appropriate for the Contest (here forth referred to as a “Submission”). An email address, full, legal name, and birth date will be required to submit the Submission. Thalo is not responsible for lost, late, ineligible, or incomplete Submissions or Submissions not received for any reason. Submissions will not be returned. By entering, entrant warrants that his or her Submission (1) is original and does not infringe the intellectual property rights of any third party, (2) has not been published in a book or magazine or (3) has not previously won a national award.

5.     Submission Requirements

Each Submission must meet all of the following requirements or it will be disqualified:

• Submission must be original, not previously published in a book or magazine, the sole property of entrant.
• Submission must not include stock photography.
• Submission must not incorporate/display any third-party brands or trademarks, unless otherwise expressly stated in the rules or requirements to enter the Contest.
• Submission must not violate any third-party rights, including copyright and right of publicity.
• At the judges’ discretion, Submissions including unsuitable content or that are in violation of third-party rights (including, but not limited to, copyrights) will be immediately disqualified.
• Submissions must be in .jpg format.
• By submitting a Submission, you agree Thalo has the unrestricted right to use the Submission, commercially or non-commercially, including the right to publish and display photos/captions for advertising and publicity, all without additional review or compensation. In addition, if your Submission is the winning Submission, you further agree that you shall not sell, license or give permission to use the Submission to any party that is a competitor of Thalo’s.
• You must have written permission from any identifiable person who appears in any Submission to use his/her name and/or likeness. If any person in your Submission is younger than 18, you must have written permission from minor’s parent or legal guardian or, if you are the parent or legal guardian, you must consent to his/her appearance in the Submission. Proof of written permission must be made to Thalo immediately upon request, and if you cannot provide such proof, your Submission will be disqualified.

There is a limit of one (1) Submission per entrant. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to register for the Contest will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder.

6.     Terms of Submission

As conditions of entry into this Contest, and by uploading a Submission, each entrant:

• WARRANTS AND REPRESENTS THAT THE ENTRANT OWNS ALL RIGHTS TO EACH SUBMISSION HE/SHE IS ENTERING.
• WARRANTS AND REPRESENTS THAT TO THE EXTENT THAT A SUBMISSION DEPICT THE NAME AND/OR LIKENESS OF AN INDIVIDUAL, THE INDIVIDUAL IS EITHER THE ENTRANT HIMSELF/HERSELF OR ENTRANT HAS OBTAINED THE WRITTEN CONSENT OF SUCH INDIVIDUAL (OR THAT INDIVIDUAL’S PARENT OR LEGAL GUARDIAN) (A) TO USE THAT INDIVIDUAL'S NAME AND/O LIKENESS IN CONNECTION WITH THE SUBMISSION AND (B) TO ALLOW ENTRANT TO GRANT THE RIGHTS TO THALO DESCRIBED IN THESE RULES, AND ENTRANT CAN MAKE WRITTEN COPIES OF SUCH PERMISSIONS AVAILABLE TO THALO UPON REQUEST.
• WARRANTS AND REPRESENTS THAT EACH SUBMISSION: (A) IS ORIGINAL TO ENTRANT AND HAS BEEN LEGALLY OBTAINED AND CREATED, (B) DOES NOT INFRINGE THE INTELLECTUAL PROPERTY, PRIVACY OR PUBLICITY RIGHTS OR ANY OTHER LEGAL OR MORAL RIGHTS OF ANY THIRD PARTY, OR VIOLATE APPLICABLE LAWS OR REGULATIONS; (C) HAS NOT BEEN PREVIOUSLY ENTERED IN OR WON ANY NATIONAL CONTESTS OR PROMOTIONS; AND (D) HAS NOT BEEN PREVIOUSLY PUBLISHED IN A BOOK OR MAGAZINE.
• Agrees to indemnify and hold Thalo and its affiliates, officers, directors, agents, co-branders or other partners, and any of their respective employees (collectively, the “Contest Indemnitees”), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against any of the Contest Indemnitees due to or arising out of the Submission, or the entrant’s unreasonable or negligent conduct during and in connection with this Contest, including but not limited to the Submission, or infringement of trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation.
• Agrees to release, indemnify and hold harmless the Contest Indemnitees from any and all claims that any commercial, advertising, presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of Thalo infringes on the rights of entrant’s work as contained in any Submission.

7.     Qualification Process for Entry

All Submissions will be viewed and monitored by Thalo staff for appropriate content to qualify for entry into the Contest. Thalo staff will judge the qualified images based on originality and creativity to grant approval for entry. After approval, the Submission will be placed into voting. Entrant will receive an email if his/her Submission is not accepted.

8.     How the Voting Works

During the public voting period, voters may visit www.Thalo.com and click the Contest promotion link or go directly to Thalo’s Facebook page at www.Facebook.com/ThaloMagazine and click on the “Contest” link. A voter does not have to meet the eligibility requirements set forth in Section 1 above in order to vote. Voters can click on the "like" button which indicates their vote for their favorite submission. There is a limit of one (1) vote per submission.  Use of an automated process of similar device to submit a vote is strictly prohibited.  Any attempt to circumvent the one vote per submission or to use an automated vote process will subject all votes from the person to disqualification.  If an entrant receives multiple and/or irregular votes from the same user or users, including but not limited to, votes generated by a robotic, programmed, script, macro, other automated means or other source, the sponsor reserves the right to disqualify the entrant in its sole discretion.  If the voting process fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, the sponsor in its sole discretion reserves the right to use or appoint a panel of judges to determine the Finalists.  At the end of the public voting period, the top twenty percent (20%) of all entrants receiving the greatest number of votes will be determined as Finalists.  In addition each judge on the judging panel will separately choose one Submission that is not in the top 20% of vote getters as a ‘wildcard’ to also be a Finalist. Each judge will select the ‘wildcard’ based on the following criteria: creativity, originality, and artistic appeal. Thalo, at is sole discretion, reserves the right to interview any Finalist at the conclusion of the Contest and feature the Finalist and his or her Submission in any medium all without additional review or consideration.  Once the Finalists are determined, a judging panel composed of Thalo’s team will review the Submissions of the Finalists and will determine the Grand Prize winner and a Runner Up winner on the Submission that, in the opinion of the judging panel, displays the most creativity, originality, and artistic appeal. The decisions of the judging panel and Thalo in all matters relating to this Contest are final and binding. In Thalo’s sole determination, if an inadequate number of acceptable Submissions are received, Thalo may cancel the Contest. In addition, if Thalo determines that none of the Finalist Submissions are adequate, Thalo reserves the right NOT to determine any Submissions as winners.

When the Contest is over, and if an entrant who did not win the Contest chooses, he or she may resubmit his/her Submission to another contest, if such Submission would be applicable to that other contest. Previous votes have no bearing on future contests.  Submissions not complying with all rules are subject to disqualification. Any use of a “spider”, “robot”, or any computer program imaged to modify voting data will result in the banning of the user and deletion of this data. Thalo reserves the right to remove any entrant or Submission deemed to benefit from non-human voting. Winning Submissions will be removed from voting once winning is approved.  Submissions may be featured in newsletters, promotional materials, and other affiliated websites owned or operated by Thalo.

9.     POTENTIAL CONTEST WINNER IS SUBJECT TO VERIFICATION BY THALO WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST.

10.     Procedures and Verification of Potential Winner

Potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential winner will be notified by email after the date of the judging. The potential winner will be required to sign and return to Thalo, within three (3) days of the date notice is sent, an Affidavit of Eligibility and Release (except where prohibited) and Artwork License  in order to claim his/her prize if applicable. If a potential winner of any prize cannot be contacted, fails to sign and return the Affidavit of Eligibility and Release and/or Artwork Release within the required time period, or if the prize or prize notification is returned as undeliverable, potential winner forfeits such prize. In the event that a potential winner of a contest prize is disqualified or forfeits for any reason, Thalo may award the applicable prize to an alternate winner who had the highest score remaining of the eligible Submissions.

11.     Prizes

Grand Prize: One (1) Grand Prize winner will receive five hundred dollars ($500.00) and an assortment of Chartpak and Grumbacher branded art material products that has a retail value of two hundred and fifty dollars ($250.00), and will also be awarded a free Pro Membership (which includes a membership to the Max Grumbacher Gallery), a retail value of $29.  Approximate retail value of the Grand Prize is $779.

Second Place: One (1) Runner Up Prize will receive a two hundred and fifty dollars ($250.00) and an assortment of Chartpak and Grumbacher branded art material products that has a retail value of one hundred dollars ($100.00), and will also be awarded a free Pro Membership (which includes a membership to the Max Grumbacher Gallery), retail value of $29. Approximate retail value of the Runner Up prize is $379

For all Prizes: Winners are responsible for all taxes and fees associated with prize receipt and/or use. Federal, state, provincial and/or local taxes are the responsibility of the  winner. The determination of liability for any federal, state, provincial and/or local taxes that may arise out of the entrant’s participation in the Contest (including the entrant’s receipt of any prizes), and the payment of any such tax liability, shall be the sole responsibility of the entrant. However, should federal, state, provincial and/or local law impose any tax reporting or filing obligations on Thalo arising out of the entrant’s participation in the Contest (including the entrant’s receipt of any prizes), the entrant agrees to timely provide Thalo with any information that is reasonably necessary for Thalo to comply with any such reporting or filing obligations. In addition, should federal, state, provincial or local law impose any tax withholding obligation on Thalo with respect to entrant’s receipt of any prizes, the entrant agrees to such withholding and shall timely provide any information to Thalo as may be required for Thalo to accomplish such withholding.  Winner will be issued an IRS 1099-MISC tax form for the approximate retail value of the prize won if the law requires Thalo to issue the same.

12.     Entry Conditions and Release

By entering, each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of Thalo and/or the Contest judges which are binding and final in all matters relating to this Contest; (b) release and hold harmless Thalo and any and all of its parents, subsidiaries, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to an entrant’s Submission, the creation of a Submission or submission of a Submission, participation in the Contest, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of the Submission; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an entrant’s participation in the Contest and/or entrant’s acceptance, use or misuse of prize.

13.     Publicity

Except where prohibited, participation in the Contest constitutes winner’s consent, as the winner of the Contest, to allow Thalo and/or its agents to use winner’s name, likeness, photograph, voice, and/or hometown and state or province for promotional purposes in any media, worldwide, without further payment or consideration.

14.     General Conditions

Thalo reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Thalo’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Thalo in its sole discretion. Thalo reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Thalo reserves the right to seek damages from any such person to the fullest extent permitted by law. Thalo’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

15.     Limitations of Liability

The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of Submissions; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize. If for any reason an entrant’s Submission is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Submission in the Contest. No more than the stated number of prizes will be awarded.

16.     Disputes

Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest,  shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by the United States Southern District of New York Court or the appropriate New York State Court located in New York County, New York; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages (other than for actual out-of-pocket expenses), and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Thalo in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

17.     Entrant’s Personal Information

Information collected from entrants is subject to the Sponsor's privary policy which is available at http://www.thalo.com/static_pages/privacy_policy

18.     Contest Results

For name of Winner(s), available monthly after each contest cycle ends, send a request by email to: contestwinners@thalo.com.  DO NOT SEND ANY OTHER CORRESPONDENCE OR ENTRIES TO THIS EMAIL ADDRESS.

DATE LAST MODIFIED: MARCH 5, 2015