TERMS AND CONDITIONS
NO PURCHASE IS NECESSARY TO ENTER OR WIN.
A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. AGREEMENT TO RULES: By participating, the Contestant (“You”) agrees 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 Dahlberg Portraits as final and binding as it relates to the content of this Campaign.
2. ELIGIBILITY: Entry for a portrait Experience is open only to persons 18 years and over, who are legal residents of the United States and have not won a competition, prize or promotional item, or had a session take place with Dahlberg Portraits in the last 12 months.
Employees of Dahlberg 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.
Only two complimentary sessions may be redeemed per household for any length of time.
3. HOW TO ENTER: The Campaign must be entered by submitting an entry using the online form provided at the promotional website. The entry must fulfill all Campaign requirements, as specified, to be eligible to receive a complimentary gift. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Dahlberg Portraits.
Duplicate entries or applications will not be accepted. Applicants may enter only once per household. Individuals may not enter more than once by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If applicants use fraudulent methods or otherwise attempt to circumvent the rules, submissions may be removed from eligibility at the sole discretion of Dahlberg Portraits. Requested information must be provided to be eligible.
4. GIFTS OR PRIZES: If there is a Grand Prize Winner of the Campaign, (the “Winner”) will receive a portrait credit to be used toward artwork for his/her home. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Dahlberg Portraits. Selected applications will be notified by mail, email or phone.
Gifted portrait Experiences are non-transferable, not exchangeable or redeemable in whole or in part for any cash equivalent.
Only one gifted experience may be redeemed per family per year and only two per family in a lifetime.
Only one certificate can be redeemed per household per session. Certificates cannot be combined. This experience cannot be used to purchase images from a previous photography session.
Sessions and/or gifts are non-transferable and can only be used by the person it is registered to. It cannot be sold or given to another family member, friend, or individual.
Each experience is valid for a session with up to 14 participants. Additional participants may be subject to a fee.
Portrait sessions may only be redeemed for a full family portrait. Dahlberg Portraits reserves the right to refuse service if the entire family does not attend the portrait session.
Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. Acceptance of the prize constitutes permission for Dahlberg Portraits to use the selected applicant’s name, likeness, and entry for purposes of advertising and trade without further compensation unless prohibited by law.
Prizes cannot be used in conjunction with any other offer, certificate, or promotion. The decision of the judges will be final and no correspondence shall be entered into. The Campaign is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
5. ODDS: The odds of receiving a portrait Experience depends on the number of eligible entries received.
6. APPLICANT SELECTION AND NOTIFICATION: Applications will be selected under the supervision of Dahlberg Portraits. Gifted Experience recipients will be notified by means of telephone and email within five (5) days following selection. Dahlberg Portraits shall have no liability for applicant’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 6 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 gift offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. any violation of these official rules by winner (at Dahlberg Portraits’ sole discretion) will result in winner’s disqualification as winner of the campaign, and all privileges as winner will be immediately terminated.
7. RIGHTS GRANTED BY YOU: By entering this content (e.g., photo, video, text, etc.), You understand and agree that Dahlberg Portraits, anyone acting on behalf of Dahlberg Portraits, and Dahlberg 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, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent. Optional verbiage for Contests: By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Dahlberg Portraits. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Dahlberg Portraits from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Dahlberg Portraits may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
8. PROJECT OR GIVEAWAY TERMS & CONDITIONS: Dahlberg Portraits reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond Dahlberg Portraits control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, Dahlberg Portraits may select an application from all eligible entries received prior to and/or after (if appropriate) the action taken by Dahlberg Portraits. Dahlberg 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. Dahlberg Portraits has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes 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 an attempt be made, Dahlberg Portraits reserves the right to seek damages to the fullest extent permitted by law.
9. SESSION BOOKING: To secure your session time, a fully refundable holding deposit of $200 is required. The retainer becomes nonrefundable if a client reschedules more than once, does not show up for his/her session (No Show), or cancels within 14 days of the scheduled session time for any reason. Our studio reserves exclusive studio time to provide clients with our very best, personalized one-on-one service while we create each family’s artwork. In order to accommodate each family with a high level of service, we require this retainer.
Dahlberg Portraits Studio Experiences are valid for 7 days from the date you receive it.
10. WHAT IS INCLUDED WITH A COMPLIMENTARY PHOTOGRAPHY EXPERIENCE: A gifted portrait experience includes a complimentary in-studio portrait session with a photographer. The portrait session is valued at $250. A gifted portrait experience also includes a viewing session for families to see the best images from the session captured by the photographer.
A $1000 family portrait credit to spend is included, which is the value of our 14-inch Fine Art Portrait. Framing is not included. Families can choose one family portrait image to be finished into a 14-inch photographic print. There is no obligation to purchase any further images. We have multiple artwork sizes and image packages that can be customized to suit each family’s needs. If a family chooses to purchase additional images instead of the single complimentary 14” photographic print, the $1000 value from the complimentary print can be used as a credit towards any of the purchased images or collections. Any additional images need to be purchased at the designated retail price.
11. RESCHEDULE POLICY: Appointment Reschedule Policy/Gift Certificates and Promotional Vouchers entitle the holder to a single appointment only. Once made, an appointment cannot be rescheduled and the Gift Certificate or Promotional Voucher is deemed to have been used in full at that original appointment time and date. *NOTE: In exceptional circumstances, management may, at their sole discretion, reschedule an appointment and carry forward the Gift Certificate. If a reschedule is allowed, the retainer is not refunded if a rescheduled session is not finalized and attended.
12. CANCELLATION/NO-SHOW POLICY: Non-attendance (NO-SHOW) at an appointment without notice, will result in the forfeiture of a retainer fee. The Gift Certificate or Promotional Voucher is then deemed to have been used in full.
13. SALES TERMS AND CONDITIONS: When clients place an order with Dahlberg Portraits, the studio retains the copyright to all imagery and reserves the right to use it for displays, exhibitions or promotional/marketing purposes.
All portrait images will go through retouching, smoothing skin and removing non-permanent marks before custom artwork is finished and shipped to the recipient’s home. Any other requests must be made at the time of ordering and specified on the order form.
14. WARRANTY POLICY: If orders arrive damaged and cannot be used for its intended use, Dahlberg Portraits will replace the item free of charge. If products are damaged or lost in a disaster such as fire, flood, earthquake, or explosion, Dahlberg Portraits will replace products for any of these reasons for a 10-year period from the purchase date. The production period for such replacements is up to 12 weeks.
15. REFUND POLICY: Custom orders are created for each client. To ensure that Dahlberg Portraits can provide clients with the best possible service, final orders are placed as soon as clients leave the studio. This means that after the custom order is placed, Dahlberg Portraits won't be able to accept any cancellations, changes, or refunds.
16. PAYMENT PLANS: Dahlberg Portraits offers customers payment plan options to help clients pay off the cost of orders over a period of time.
17. LIMITATION OF LIABILITY: By entering, applicants agree to release and hold harmless Dahlberg 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.
18. DISPUTES: This Campaign is governed by the laws of United States and Iowa, 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 arising out of or connected with this Campaign, shall be resolved individually, without resorting to any form of class action, exclusively before a court located in Iowa 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.
20. SPONSOR: The Sponsor of the Campaign is Dahlberg Portraits. The Campaign hosted by Dahlberg Portraits is in no way sponsored, endorsed, administered by, or associated with Facebook.
21. REFUSAL OF SERVICE: Dahlberg Portraits reserves the right to refuse service for any reason if in our opinion the provision of service is likely to cause or has caused disruption to either staff members or the normal operation of business.
22. SOCIAL MEDIA: The Campaign hosted by Dahlberg Portraits is in no way sponsored, endorsed, administered by, or associated with Facebook, Instagram, or Tiktok.
23. NON-DISPARAGEMENT: You agree not to disparage Dahlberg Portraits. For purposes of this Section, “disparage” shall mean any negative statements, reviews, or comments, whether written or oral, about Vita Brevis Fine Art. This will include all written or electronic communication, whether email, text message, Messenger, use of Google, Facebook, Instagram, Tiktok, Yelp, LinkedIn, Redditt, etc.