Last Updated: January 26, 2026 Effective Date: January 26, 2026
These Terms of Service (“Terms”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you,” “user”), and Caribbean Photo Contest LLC, doing business as Capture Caribbean (“Company,” “we,” “us,” “our”), concerning your access to and use of the [www.caribbeanphotocontests.com] website, the First Wave platform, and any related applications or services (collectively, the “Services”).
YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. If you do not agree, you must immediately discontinue access and use of the Services.
Supplemental terms, policies, or documents (including the Official Rules and Privacy Policy) posted on the Services are expressly incorporated herein by reference. We reserve the right to modify these Terms at any time. We will alert you to material changes by updating the “Last Updated” date. Your continued use after changes constitutes acceptance.
2.1 Our Content
Unless otherwise indicated, the Services—including source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, and the Capture Caribbean trademarks, service marks, and logos (the “Marks”)—are owned or controlled by us, and are protected by copyright, trademark, and other intellectual property laws of the United States and foreign jurisdictions. You may not use our Marks or content without our express prior written permission.
2.2 Your Content & Submissions (Creator-First Principle)
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information below (a “Notification”).
A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification.
Designated Agent for DMCA Notices: Attn: Legal Department / Copyright Agent Caribbean Photo Contest LLC Email: legal@capturecaribbean.com
To access certain features (including entering the First Wave Challenge), you must register for an account. You agree to:
We reserve the right to remove, reclaim, or change a username if we determine it is inappropriate, obscene, or otherwise objectionable.
5.1 General
The Services include the ability to enter the Capture Caribbean First Wave Challenge (the “Challenge”). Participation is governed by these Terms and the separate First Wave Challenge Official Rules (the “Rules”), which are incorporated herein. In the event of a conflict between these Terms and the Rules regarding the administration of the contest, the Official Rules shall govern.
5.2 Paid Access
Entry into the First Wave Challenge requires the purchase of a First Wave Access Pass for a minimum fee of $25.00 USD (“Access Fee”). This fee is for access to the First Wave platform environment and the opportunity to submit entries for judging.
5.3 Prohibited Conduct
In connection with the Challenge and Services, you agree not to:
These Terms remain in effect while you use the Services. We may suspend or terminate your account or access to the Services at any time for any reason, including if we believe you have violated these Terms. Upon termination, your right to use the Services will cease immediately. Provisions of these Terms that by their nature should survive termination shall survive.
We reserve the right to change, modify, or remove the contents of the Services at any time. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance. We may suspend, withdraw, or discontinue any part of the Services at any time without notice.
9.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, without regard to its conflict of law principles.
9.2 Informal Negotiations
The parties agree to first attempt to resolve any dispute informally for at least thirty (30) days before initiating arbitration.
9.3 Binding Arbitration
ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR THE CHALLENGE SHALL BE FINALLY SETTLED BY BINDING, INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA). THE ARBITRATION SHALL TAKE PLACE IN MERCER COUNTY, NEW JERSEY.
10.1 Disclaimer: THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10.2 Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THE SERVICES IS LIMITED TO THE AMOUNT YOU HAVE PAID TO US IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
10.3 First Wave Environment: You expressly acknowledge and agree that the First Wave platform is a live “stress test” environment. We disclaim all liability for errors, bugs, minor data loss, or system unavailability inherent in such a testing environment.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your User Submissions; (2) your breach of these Terms; (3) your violation of any third-party rights, including intellectual property or privacy rights; or (4) your participation in the Challenge.
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.
These Terms and any policies posted by us constitute the entire agreement between you and us. Our failure to exercise any right shall not be deemed a waiver. If any provision is found to be invalid, the remaining provisions remain in force. We may assign our rights and obligations. There is no joint venture, partnership, or agency relationship created.
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Capture Caribbean / Caribbean Photo Contest LLC #1021, 440 US Highway 130 South STE 11 E. Windsor, NJ 08520 USA
Legal Inquiries: legal@capturecaribbean.com
General Support: support@capturecaribbean.com
Last Updated: January 26, 2026 Effective Date: January 26, 2026
Caribbean Photo Contest LLC, doing business as Capture Caribbean (“we,” “us,” “our,” “Sponsor”), respects your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website [www.caribbeanphotocontests.
Please read this policy carefully. BY USING OUR SERVICES, YOU CONSENT TO THE PRACTICES DESCRIBED HEREIN. If you do not agree, you must not access or use our Services.
We collect information that identifies, relates to, describes, or could be linked to you (“Personal Data”).
We may receive confirmation of payment from our payment processors or data from social media platforms if you choose to link your account (e.g., “Log in with Facebook”).
We use your Personal Data for the following lawful bases:
We do not sell your Personal Data. We may share it in the following limited circumstances:
We are based in the United States. Your information, including Personal Data, will be transferred to, stored, and processed in the U.S.
For Users in the EEA, UK, and Switzerland: By participating in the Challenge, you acknowledge that the U.S. may have data protection laws different from your country. We rely on Standard Contractual Clauses (SCCs) and necessity for the performance of a contract (the Challenge Rules) to legitimize the transfer of your data.
We retain your Personal Data only as long as necessary for the purposes outlined in this Policy.
We use cookies (small data files) for essential site functionality (e.g., keeping you logged in) and analytics. You can control cookie settings through your browser. However, disabling cookies may prevent you from logging into the First Wave platform or uploading submissions.
We implement administrative, technical, and physical security measures designed to protect your Personal Data. However, please be aware that no electronic transmission or storage is 100% secure. While we strive to protect your data, we cannot guarantee absolute security.
Depending on your location (including the EEA, UK, and Canada), you may have the following rights:
To Exercise These Rights: Submit a request to Privacy@capturecaribbean.com. We may need to verify your identity before responding.
Our Services are generally not directed to children under 13. However, the Challenge includes a Next Gen Division for ages 13-17.
This section applies to California residents.
We may update this Policy periodically. The “Last Updated” date will be revised at the top of this page. Material changes will be notified via email or a prominent notice on our Services.
For questions, concerns, or to exercise your privacy rights, please contact us at:
Caribbean Photo Contest LLC (dba Capture Caribbean) #1021, 440 US Highway 130 South STE 11 E. Windsor, NJ 08520 USA
Email: Privacy@capturecaribbean.com
IMPORTANT NOTICE: THIS IS A SKILL-BASED CONTEST. THIS IS NOT A GAME OF CHANCE, LOTTERY, OR SWEEPSTAKES. WINNERS ARE DETERMINED SOLELY BY THE JUDGING CRITERIA.ENTRY INTO THIS CHALLENGE
REQUIRES THE PURCHASE OF A FIRST WAVE ACCESS PASS FOR A MINIMUM OF $25.00 USD. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
The Capture Caribbean First Wave Challenge (the “Challenge”) is owned, sponsored, and administered by Capture Caribbean, LLC, a limited liability company organized under the laws of the State of New Jersey (the “Sponsor”). Travel experiences included in the prize packages are facilitated by third-party hospitality partners. All trademarks used herein are the property of their respective owners and are used for identification purposes only.
The Challenge begins at 12:00:01 AM Eastern Standard Time (EST) on February 4, 2026, and ends at 11:59:59 PM EST on March 5, 2026 (the “Challenge Period”). The Sponsor’s computer is the official time-keeping device for the Challenge.
3.A. Nature of the Platform: By entering, the Entrant acknowledges that “First Wave” is a live stress-test environment. Features, user interface, and upload speeds may be refined or altered during the Challenge Period.
3.B. Purchase Requirement: Entry requires the purchase of a “First Wave Access Pass.” The minimum entry fee is Twenty-Five US Dollars ($25.00). This fee grants the Entrant one (1) user account and the ability to submit entries subject to the limits defined in Section 6.
3.C. Consideration: The entry fee constitutes consideration for access to the platform and administration of the Challenge. A portion of the proceeds covers the cost of judging and prize distribution.
The Challenge is open only to individuals who meet the following criteria:
Entrants must self-select one of the following divisions at the time of entry:
Sponsor reserves the right to re-categorize entries if an Entrant is deemed to have self-selected a division that does not reflect their verifiable experience level.
6.A. How to Enter: Visit the Challenge landing page at www.caribbeanphotocontests.com, purchase a First Wave Access Pass ($25.00 USD minimum), create an account, and follow the on-screen instructions to upload your submission(s).
6.B. Submission Requirements: Each entry must:
6.C. Entry Limits: The specific number of submissions permitted per Access Pass is defined on the platform purchase page at the time of entry.
6.D. Refund Policy: All Access Pass sales are final. Refunds will only be issued at the Sponsor’s sole discretion in the event of a catastrophic platform failure that prevents entry submission for more than 72 consecutive hours during the final week of the Challenge Period.
7.A. Review Panel: Eligible entries will be judged by the “Capture Caribbean Review Panel,” consisting of qualified judges selected by the Sponsor.
7.B. Criteria: Entries will be evaluated based on the following weighted criteria:
7.C. Winner Determination: The entries with the highest cumulative scores will be deemed the potential winners.
7.D. Tie-Breaker: In the event of a tie for any prize level, the entry with the higher score in the “Creativity & Originality” category will be declared the winner. If a tie persists, a completely new judge selected by the Sponsor will re-judge the tied entries to break the tie.
7.E. Decisions Final: Decisions of the judges and Sponsor are final and binding in all matters relating to this Challenge. This is a skill contest; chance plays no part in the determination of winners.
PRIZE CONDITIONS & RESTRICTIONS:
Select entrants may be designated as “Founding Class Members.” This is an honorary non-monetary designation. It does not constitute a prize but may include non-transferable perks such as badges on the platform or early access to future features.
10.A. Entrant Ownership: Entrants retain full copyright ownership of their submitted work. 10.B. License to Sponsor: By entering, each Entrant grants Sponsor, its affiliates, and related entities a perpetual, non-exclusive, royalty-free, worldwide, sublicensable license to use, reproduce, modify, display, and distribute the submitted work solely for the purposes of: i. Administering, judging, and promoting this Challenge; ii. Advertising and promoting the Sponsor’s brand and platform (including “Winners’ Gallery” showcases); iii. Featuring the work on Sponsor’s website and social media channels. 10.C. Third-Party Rights: Entrant warrants that their submission is their original work and does not infringe on the intellectual property, privacy, or publicity rights of any third party. Entrant is responsible for obtaining valid Model Releases for any recognizable persons and Property Releases for private property depicted.
By participating, Entrant agrees to these Official Rules. Sponsor reserves the right to disqualify any Entrant violating these rules, tampering with the entry process, or engaging in unsportsmanlike conduct. RELEASE: BY PARTICIPATING, ENTRANTS AGREE TO RELEASE, INDEMNIFY, AND HOLD HARMLESS SPONSOR, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND PRIZE PARTNERS FROM ANY AND ALL LIABILITY FOR INJURIES, LOSSES, DAMAGES, CLAIMS, OR ACTIONS OF ANY KIND ARISING FROM PARTICIPATION IN THE CHALLENGE OR ACCEPTANCE, USE, MISUSE, OR POSSESSION OF ANY PRIZE (INCLUDING TRAVEL-RELATED INJURIES).
Information collected from Entrants is subject to Sponsor’s Privacy Policy. By entering, Entrants consent to the collection, use, and processing of their personal data in the United States. Entrants agree that their name and likeness may be used for promotional purposes without further compensation, except where prohibited by law. For privacy-related inquiries, contact: Privacy@capturecaribbean.com
These Official Rules are governed by the laws of the State of New Jersey, USA, without regard to conflicts of law principles. BINDING ARBITRATION: ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS CHALLENGE SHALL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN THE STATE OF NEW JERSEY. ENTRANT WAIVES ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT.
This Challenge is in no way sponsored, endorsed, administered by, or associated with Instagram, Facebook, TikTok, X, or any other social media platform. You understand that you are providing your information to the Sponsor and not to these platforms.
To obtain a list of winners (available after April 15, 2026), please send an email request to: winners@capturecaribbean.com Requests must be received by May 15, 2026. The subject line of the email should read “Winner List Request – First Wave Challenge.”