Terms and Conditions
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: Entry is open only to persons 18 years and over, who are residents of Colorado and have not won a competition, prize, or received a promotional item, with Vita Brevis Fine Art in the last 24 months. The Campaign is only open to legal residents of the United States and is void where prohibited by law. Employees of Vita Brevis Fine Art, 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 in the Terms and Conditions, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Vita Brevis Fine Art as final and binding as it relates to the content of this Campaign.
3. Campaign Period: Entries will be accepted online.
4. 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 Vita Brevis Fine Art. 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 in an attempt 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 Vita Brevis Fine Art.
5. Prizes: The Prize Winners of the Campaign (the “Winners”) will receive a Studio Portrait Session and Artwork for your home. The actual/appraised value may differ at the time of the prize award. The specifics of the prize shall be solely determined by Vita Brevis Fine Art. No cash or other prize substitution shall be permitted except at Vita Brevis Fine Art's discretion. The prize is non-transferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of the Winners. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winners is permitted. Acceptance of prize constitutes permission for Vita Brevis Fine Art to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winners Selection and Notification: Winners will be selected under the supervision of Vita Brevis Fine Art. The winners will be notified by means of telephone, text message, and email within five (5) days following the selection of the Winners. By providing your phone number, you agree to receive text messages from Vita Brevis Fine Art. Message and data rates may apply. Message frequency varies. Vita Brevis Fine Art shall have no liability for the Winner’s failure to receive notices due to spam, junk email, or other security settings or for the Winner’s provision of incorrect or otherwise non-functioning contact information. If the Winners cannot be contacted, is ineligible, fails to claim the prize within 3 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 the Winners of the prize 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 THE WINNER (AT VITA BREVIS FINE ART SOLE DISCRETION) WILL RESULT IN THE 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 Vita Brevis Fine Art, anyone acting on behalf of Vita Brevis Fine Art, and Vita Brevis Fine Art’s 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. 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 rights of another, You will be disqualified at the sole discretion of Vita Brevis Fine Art. If the content of your entry is claimed to constitute an 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 Vita Brevis Fine Art from and against any suit, proceeding, claim, liability, loss, damage, costs, or expenses, which Vita Brevis Fine Art may incur, suffer, or be required to pay Legacy out of such infringement or suspected infringement of any third party’s right.
9. Terms & Conditions: Vita Brevis Fine Art 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 Vita Brevis Fine Art control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, Vita Brevis Fine Art may select the Winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Vita Brevis Fine Art. Vita Brevis Fine Art 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. Vita Brevis Fine Art 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, Vita Brevis Fine Art 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 Vita Brevis Fine Art 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 THE UNITED STATES AND COLORADO, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, the participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action Legacy 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 COLORADO having jurisdiction. Further, in any such dispute, under no circumstances shall the 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: Information submitted with an entry is subject to the Privacy Policy stated on the Vita Brevis Fine Art website.
13. Winners List: To obtain a copy of the Winners name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Vita Brevis Fine Art 525 E Fountain Blvd Suite #110, Colorado Springs, CO 80903. Requests must be received no later than December 31st, 2024.
14. Sponsor: The Sponsor of the Campaign is Vita Brevis Fine Art
15. Social Media: The Campaign hosted by Vita Brevis Fine Art is in no way sponsored, endorsed, administered by, or associated with Facebook, Instagram, or Tiktok.
16. Non-Disparagement: You agree not to disparage Vita Brevis Fine Art. 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, etc.
17. Our artists reserve exclusive studio time to provide you with our very best, personalized one-on-one 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 $250 reservation fee. This is to secure your portrait session and is refunded at your Portrait ordering appointment. We require a one week notice to cancel or reschedule your portrait session. Failure to show without notice will result in forfeiture of your prize and reservation fee. Framing is not included. Shipping costs not included.