terms of use
1. ELIGIBILITY: The Contest is open to females who meet the following eligibility criteria:
• Must be between the ages of 5 and 15 on the day of entry.
• Any entrants under the age of 18 must-have parental consent to enter
• Must live in Indiana
• Must be a girl of color
2. ENTRY DEADLINES: The contest opens for registration at 12:01 a.m. E.T. on 07/25/21 and
finishes at 11:59 p.m. E.T. on 07/25/21. Entries must be received on or before 07/25/21 in order to be eligible for the contest. No late submission will be accepted. If the contest cannot be run as planned for any reason, The Niche Agency & Gifts From A Goddess Pro and/or its sponsors reserve the right to cancel, delay or modify the contest.
3. HOW TO ENTER: The contestant or guardian must register online and upload their current photographs by going to www.thenicheagency.com/initiatives, and follow the instructions on how to submit your photographs. Contestant warrants and represents that all information entered on the registration form is truthful in all respects and that contestant is 5-15 years of age at the time of the photographs. The entrant must be the only individual shown in the photograph. The photograph must be original and the entrant must own all rights to all of the material in it. It must not include (i) material that is unlawful; violent; threatening to any person, place, business, that contains words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group; libelous or defamatory; sexually explicit, indecent, obscene, vulgar, pornographic or profane; (ii) material that violates the intellectual property, privacy or other rights of third parties; or (iii) material that otherwise violates these Official Rules in whole or in part. There must not be any visible logos or visible paintings, photographs, or other artwork in the photograph. An entry may only be submitted by the one individual shown in the photograph, even though more than one person might have taken part in the making of the photograph. Participants are solely responsible for Internet connectivity, software, and/or hardware that may be required in order to create and/or submit an online entry. In order to win, you must complete the following 4 steps by 7/25/21:
• You must be following @giftsfromagoddesspro & @thenicheagency on Instagram
• Like & Share the Facebook Contest Announcement
• Completely fill out the contest entry form
• Upload a one minute video about what Madam CJ Walker means to you
4. PRIZE: One prize will be awarded consisting of:
1) A 3-hour creative afro art studio session
2) Custom Theme/Concept
3) 8 High-Resolution Digitals
4) 1 Creative Hair/Makeup Look
5) 1 Wardrobe Look
The Niche Agency, Gifts From A Goddess & Creative Soul Photography will have the final decision on the outfit, hair, and makeup worn by the winner for the Photo Shoot. All prize details for the above-mentioned prize trips will be designated solely by The Niche Agency & Gifts From A Goddess and may be changed at any time based on their sole discretion. Subject to the conditions herein, the prize will be awarded. The prize is non-transferable and must be accepted as awarded. No cash or other substitution may be made, except by The Niche Agency or Gifts From A Goddess, in the event that prize cannot be awarded for any reason, in which case, we will award a prize of equal or greater value (except as otherwise described herein). The Niche Agency, Gifts From A Goddess or any partners, sponsors or volunteers are not responsible if, for any reason, the Contest is postponed or canceled and no additional prize will be awarded in its place. If the winner is disqualified, The Niche Agency or Gifts From A Goddess may, in its sole discretion, award the prize to the runner-up.
5. OWNERSHIP AND PUBLICITY RIGHTS: By submitting an online entry, the online entrant represents and warrants that the photographs are original, that entrant owns all rights to all of the material in it, and that The Niche Agency’s use of it, or any parts thereof, will not infringe upon the rights of any third party, including, without limitation, any intellectual property or privacy rights. In exchange for the opportunity to participate in this Contest, each online entrant assigns all right, title and interest in and to the entry, including any copyrights and moral rights therein, to The Niche Agency, Gifts From A Goddess, The Walker Legacy Center, Creative Soul Photography or any of its partners, or sponsors. Accordingly, each online entrant acknowledges and agrees that once submitted and assigned, the entrant has no further rights to the online entry and The Niche Agency, Gifts From A Goddess, The Walker Legacy Center, Creative Soul Photography or any of its partners, or sponsors shall have the perpetual, royalty-free, worldwide, and irrevocable right to use, edit, alter, copy, reproduce, disclose, display, publish, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the online entry, in whole or in part, whether in connection with the Search or not, in any form, media or technology now known or hereafter developed, including, without limitation, the Internet, broadcast and cable television, for any purpose whatsoever, including but not limited to, advertising, promotion, entertainment and commercial purposes, without any payment to, or further authorization by, the entrant. Each online entrant further grants to Sponsor the unrestricted, irrevocable right but not the obligation, to use the entrant's name, address, photograph, picture, likeness, moving image, voice, biographical material, and personal information, whether in their original form as submitted on the entry, or as altered, edited, lifted or reproduced by Sponsor, in perpetuity throughout the world, whether in connection with the Search or not, in any form, media or technology now known or hereafter developed, including but not limited to the Internet, broadcast and cable television, for any purpose whatsoever, without payment to, or further authorization by, the online entrant. Without limiting the foregoing, each online entrant acknowledges that the photographs may be made available for public viewing on the Internet and that the photographs or parts thereof may be included in The Niche Agency, Gifts From A Goddess, The Walker Legacy Center, Creative Soul Photography or any of its partners, or sponsors advertising and marketing. Each online entrant releases The Niche Agency, Gifts From A Goddess, The Walker Legacy Center, Creative Soul Photography or any of its partners, or sponsors from any and all claims for damages for libel, infringement of the right of publicity, invasion of privacy, portrayal in a false light, or any other claim based on the use of the audiovisual recording or photograph. By entering this contest, each online entrant further agrees that excepting entrant's enjoyment of the online entry in the privacy of entrant's home, entrant may not use or permit others to use the entry without obtaining the prior written approval of The Niche Agency, Gifts From A Goddess, The Walker Legacy Center, Creative Soul Photography or any of its partners, or sponsors.
8. GENERAL CONDITIONS: Participation in this Contest constitutes agreement by entrant to be bound by these Official Rules. Finalists are responsible for making all necessary arrangements. All entrants shall conduct themselves in a decorous manner at all times during their participation in the Contest. The Niche Agency, Gifts From A Goddess, The Walker Legacy Center, Creative Soul Photography or any of its partners, or sponsors reserves the right to disqualify any entrant at their sole discretion. The Niche Agency, Gifts From A Goddess, The Walker Legacy Center, Creative Soul Photography or any of its partners, or sponsors reserves the right to disqualify any entrant if such entrant has engaged in, or during the Contest engages in, any act which, sole judgment, involved moral turpitude or which brings The Niche Agency, Gifts From A Goddess, The Walker Legacy Center, Creative Soul Photography or any of its partners, or sponsors or entrant into public disrepute, contempt, scandal or ridicule, or which damages, denigrates or injures the reputation or success of The Niche Agency, Gifts From A Goddess, The Walker Legacy Center, Creative Soul Photography or any of its partners, or sponsors or its products or services.
All entrants agree to execute any documents and instruments and take any further acts as The Niche Agency, Gifts From A Goddess, The Walker Legacy Center, Creative Soul Photography or any of its partners, or sponsors may reasonably request in order to effectuate the terms and conditions of this Contest. The contest is subject to all federal, state, and local laws and regulations. The Niche Agency, Gifts From A Goddess, The Walker Legacy Center, Creative Soul Photography or any of its partners, or sponsors reserves the right, in its sole discretion, to suspend or terminate this Contest for any reason or any causes beyond our control. In such event, The Niche Agency, Gifts From A Goddess, The Walker Legacy Center, Creative Soul Photography or any of its partners, or sponsors reserves the right to modify the Contest in an appropriate manner.
The Niche Agency, Gifts From A Goddess, The Walker Legacy Center, Creative Soul Photography or any of its partners, or sponsors and its agents are not responsible for lost, late, illegible, misdirected or stolen entries or transmissions; technical, hardware, software, telephone, television or Internet failures of any kind; lost or unavailable network connections; incomplete, garbled or delayed computer transmissions; any technical or human error which may occur in the processing of submissions which may damage a user's system or limit a person's ability to participate in the Contest; fraud; or problems or errors of any kind in the administration or fulfillment of the Contest, including without limitation mechanical, human, printing, distribution or production errors.
The Niche Agency, Gifts From A Goddess, The Walker Legacy Center, Creative Soul Photography, or any of its partners, or sponsors may prohibit a person from participating in the Contest or winning a prize if, in its sole judgment, it determines that said person is attempting to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass The Niche Agency, Gifts From A Goddess, The Walker Legacy Center, Creative Soul Photography or any of its partners, or sponsors, its agents, or other entrants. All decisions of The Niche Agency, Gifts From A Goddess, The Walker Legacy Center, Creative Soul Photography, or any of its partners, or sponsors and judges are final. Contestants agree that by pre-registering online, they release The Niche Agency, Gifts From A Goddess, The Walker Legacy Center, Creative Soul Photography or any of its partners, or sponsors and their respective agents from any liability in connection with any error, omission, interruption, deletion, defect, delay, misdirection, damage, injury, technical malfunctions or traffic congestion on the Internet/telephone network, or at any website, or any combination thereof.
9. APPLICABLE LAW AND VENUE: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and/or The Niche Agency, Gifts From A Goddess, The Walker Legacy Center, Creative Soul Photography or any of its partners, or sponsors in connection with the Contest, to the extent permitted by law shall be governed by and construed in accordance with the laws of the State of Indiana, without regard for the conflicts of law doctrine of that State or any other jurisdiction. Each entrant irrevocably submits to the exclusive jurisdiction of the Federal and State courts located in the County of Marion, State of Indiana for the purpose of any suit, action or other proceeding arising out of or relating to this Contest or any Contest-related activities or use or misuse or redemption of a Contest prize, and any such disputes, claims or causes of action shall be resolved individually, without resort to any form of class action. In no event shall an entrant be entitled to any equitable or injunctive relief. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorney's fees.