My Favorite Things Photo Contest Terms and Conditions
©Daniel J. Cox | NaturalExposures.com
Photo Contest - Official Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN.
My Favorite Things Contest (“Contestâ€) starts on July 1, 2010 at 12:01 a.m. Pacific Time (“PSTâ€) and ends on August 31, 2010 at 11:59 p.m. PST (“Contest Periodâ€).
ELIGIBILITY: Contest is open to individuals who are at least 21 years of age or older. Residents of the United States embargoed countries are not eligible to participate and the Contest is void in these countries and where prohibited by law. For a complete list of the United States embargoed countries, visit http://www.ustreas.gov/offices/enforcement/ofac/programs/. Employees of DayMen Photo Marketing LP and Polar Bears International (collectively, “Sponsorsâ€), Frontiers North Adventures, Flip Camera, Natural Exposures, Apple, Inc. and Outdoor Photographer (collectively with Sponsors, the “Promotion Entitiesâ€), and their respective parents, subsidiaries, affiliates, advertising and promotion agencies involved in this Contest, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. By participating, each entrant agrees to abide by these Official Rules and decisions of Sponsors and judges, which shall be final and binding in all respects relating to this Contest.
HOW TO ENTER: During the Contest Period, visit www.lowepro.com/myfavoritethings (“Contest Siteâ€) and follow the directions provided to complete and submit the entry form and a photo taken by you that illustrates your favorite images of nature, landscapes (urban or rural), wildlife, cultures or conservation (“Entryâ€). Photo must be submitted in jpeg or gif format and cannot exceed 200 KB in size. All Entries must be received by 11:59 p.m. PT on August 31, 2010 to be considered. Entries generated by script, macro or other automated means or by any means which subvert the entry process are void. Limit three (3) Entries per person, email address and household. Entries received from any person or email address or household in excess of the limitation will be void. All Entries become the sole property of the Sponsors and will not be returned.
Entry may not contain, as determined by the Sponsors, in their sole discretion, any content that:
- is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
- promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
- is obscene or offensive; endorses any form of hate or hate group;
- appears to duplicate any other submitted Entries;
- defames, misrepresents or contains disparaging remarks about Promotion Entities, Promotion Entities' products, or other people, companies or products;
- contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission (except Sponsors marks); contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
- contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
- contains look-alikes of celebrities or other public or private figures, living or dead;
- communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or
- violates any law.
Entry must be the original work of the entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsors in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry. Sponsors reserve the right to request proof of these permissions in a form acceptable to Sponsors from any entrant at any time. Failure to provide such proof may, if requested, render Entry null and void. By submitting an Entry, entrant warrants and represents that he/she and any persons appearing or who are identifiable in the Entry or who have rights to the Entry consent to the submission and use of the Entry in the Contest and to their use as otherwise set forth herein.
By submitting an Entry, entrant agrees that his/her Entry conforms to these Official Rules and that Sponsors, in their sole discretion, may disqualify his/her Entry for any reason, including if they determine, in their sole discretion, that his/her Entry fails to conform to these Official Rules in any way or otherwise contains unacceptable content as determined by Sponsors, in their sole discretion.
By submitting an Entry, entrant hereby grants permission for the Entry to be posted on the Contest Site or other websites. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Entries by third parties. Released Parties do not guarantee the posting of any Entry. Entrants agree that they will not use the Entry for any other purpose, including, without limitation, posting the Entry to any online social networks, without the express consent of Sponsors in each instance.
NOTWITHSTANDING THE REVIEW OF ANY ENTRY BY THE SPONSORS, EACH ENTRANT UNDERSTANDS AND AGREES TO BEAR SOLE LIABILITY FOR THE CONTENTS OF HIS/HER ENTRY AND AGREES TO INDEMNIFY THE RELEASED PARTIES FOR ANY DAMAGES AND/OR COSTS INCURRED AS A RESULT OF A THIRD PARTY'S CLAIM OR DEMAND RELATING TO THE CONTENT OF HIS/HER ENTRY.
JUDGING: All eligible Entries received by Sponsors will be judged by a panel of qualified judges selected by the Promotion Entities based equally on the following criteria: Originality, Creativity, Adherence to Theme, Subject Matter of Photograph and Technique. In the event of a tie, an additional, “tie-breaking” judge will determine the winner(s) based on the criteria listed herein. Sponsors reserve the right not to award all prizes if, in their sole discretion, they do not receive a sufficient number of eligible and qualified Entries. Prize awards are subject to verification of eligibility and compliance with these Official Rules. Judges' and Sponsors' decisions are final and binding on all matters relating to this Contest.
WINNER NOTIFICATION: Potential winners will be notified by telephone, mail and/or email and may be required to complete an Affidavit (or Declaration or Certificate (as applicable)) of Eligibility, Liability and Publicity Release (unless prohibited by law) and any other documents required by Sponsors, which must be returned within fourteen (14) days of date appearing on prize notification. Return of prize or prize notification as undeliverable, failure to sign and return requested documentation within the specified time period, the inability of Sponsors to contact a potential winner within a reasonable time period or noncompliance with these Official Rules by any potential winner will result in disqualification and, at Sponsors' sole discretion, the prize may be awarded to a runner-up. Potential winners may be asked to submit their original photo file and/or high resolution digital file. Failure to do so may result in disqualification.
PRIZES: Grand Prize (1): Tundra Buggy® trip for winner and one (1) guest, scheduled to take place November 11 — 16, 2010. Trip includes round trip economy air transportation for two (2) from major airport nearest winner's residence to Winnipeg, Canada, 5-nights standard double-occupancy accommodations (room rate and room tax only), round trip economy air transportation for two (2) from Winnipeg to Churchill, 3 meals per day from November 12th — 15th, ground transportation to/from airport and to/from all scheduled activities, a Churchill and Area Tour, dog sledding, tour of the Eskimo Museum, interpretative guided tundra buggy tour adventure, a tour of the Parks Canada Interpretative Centre and a slide presentation of local scenery by a local photographer (to be determined). Grand Prize also includes one (1) Flip SlideHD™ video camera, one (1) Terraclime 100 shoulder bag, one (1) Terraclime 50 pouch, and one (1) TTO Padfolio/Laptop Sleeve. In addition, Grand Prize winning photo may be featured in Outdoor Photographer and/or OutdoorPhotographer.com and the winner's profile and Grand Prize winning photo may be featured on Lowepro.com and PolarBearsInternational.org. (Approximate Retail Value (“ARVâ€) of Grand Prize package: US$14,000. Actual value may vary based on point of departure. Any difference between stated value and actual value will not be awarded. If winner resides within a 100 mile radius of destination, Sponsors reserve the right to provide ground transportation in lieu of air transportation and no compensation or substitution will be provided for difference in value. Trip must be taken on dates specified by Sponsors or prize will be forfeited and Sponsor will have no further obligation to such winner. Sponsors reserve right to change dates. Winner and guest must travel together on the same itinerary and obtaining all required travel documents, including passports and visas (as applicable). Guest must be of legal age of majority in his/her jurisdiction of residence (and at least 18), unless the child or legal ward of winner and must sign a liability/publicity release prior to issuance of travel documents. If guest is child or legal ward of winner, winner must sign and return release on behalf of such child or legal ward. Travel must be made through Sponsors' agent, on a carrier of Sponsors' choice. Certain travel restrictions may apply. All federal, state and local taxes and all other costs and expenses associated with prize acceptance and use not specified herein as being provided, including additional transportation, meals, souvenirs, and gratuities are the sole responsibility of the winner. Runner Up Prize (2): One (1) Flipside 500 AW Limited Edition Backpack, one (1) Flip UltraHD™ video camera, one (1) Terraclime 100 shoulder bag, one (1) Terraclime 50 pouch, and one (1) TTO Padfolio/Laptop Sleeve. In addition, runner-up photo may be featured in Outdoor Photographer and/or OutdoorPhotographer.com and the winner's profile and runner-up photo may be featured on Lowepro.com and PolarBearsInternational.org. ARV of each Runner Up Prize package: US$840. Honorable Mention Prize (7): One (1) TTO Padfolio/Laptop Sleeve, one (1) Terraclime 100 shoulder bag, and one (1) Terraclime 50 pouch. In addition, honorable mention photo may be featured in Outdoor Photographer and/or OutdoorPhotographer.com and the winner's profile and honorable mention photo may be featured on Lowepro.com and PolarBearsInternational.org. ARV of each Honorable Mention Prize package: US$150. Total ARV of all prizes: US$14,990. In the event Sponsors are unable to provide for any photo to be featured in Outdoor Photographer and/or OutdoorPhotographer.com and/or any winner's profile and photo to be featured on Lowepro.com and PolarBearsInternational.org, no compensation or substitution will be provided in lieu thereof; however, remainder of applicable prize package will be awarded and Sponsors will have no further obligation to such winner. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsors. Winners may not substitute, assign or transfer a prize or redeem a prize for cash, but Sponsors reserve the right, at their sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value. Winners are responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided, including, with respect to the Grand Prize, additional transportation, meals, excursions, activities, gratuities and souvenirs. All prize details are at Sponsors' sole discretion.
RELEASE OF LIABILITY: Except where prohibited by law and to the extent that the negative consequences described below are the foreseeable result of matters within the Released Parties' reasonable control and are the direct consequence of negligence or default by any of them, by participating, each entrant agrees to release, discharge and hold harmless Promotion Entities, and their respective parent, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Partiesâ€) from any and all injuries, liability, losses and damages of any kind to persons or property resulting, in whole or in part, directly or indirectly, from entrant's participation in the Contest or any Contest-related activity or the acceptance, possession, use or misuse of any awarded prize (including any travel or activity-related thereto).
GRANT OF PUBLICITY: Except where legally prohibited and to the extent permitted by applicable law, by participating, each entrant agrees to the use of his/her name, voice, performance, photograph/video, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, for the duration of rights by Sponsors and their designees, without compensation or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so. By participating, entrant also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Contest without the prior consent of the Sponsors, which they may withhold in their sole discretion.
OWNERSHIP/USE OF ENTRIES: For All Entries: By submitting an Entry, each entrant agrees that they will retain all copyright(s) and ownership and such copyright(s) and will be acknowledged in each reference, if image is used. Sponsors shall have a non-exclusive, fully-paid up and royalty-free license to the Entry submitted (including all rights embodied therein) and that they and their respective designees (Outdoor Photographer, OutdoorPhotographer.com, Lowepro.com and PolarBearsInternational.org) may edit, and/or modify, including, without limitation, the names and likenesses of any persons or locations embodied therein without compensation, permission or notification to entrant or any third party. Said entries will only be used in conjunction with this contest and will not be used in any other advertising without the express written permission from entrant.
MORAL RIGHTS: To the extent permitted by law, each entrant waives and releases the Released Parties from any and all claims that each entrant may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to Sponsors' use of Entries without further notification or compensation to entrants of any kind, and agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties in connection with this Contest, on the grounds that any use of any Entry or any derivative works thereof, infringe or violate any rights of any entrant and/or any participant therein.
SIMILAR IDEAS: Each entrant understands and acknowledges that: i) Released Parties have wide access to ideas, designs, and other artistic materials, and those new ideas are constantly being submitted to them or being developed by their own employees; ii) many ideas or designs may be competitive with, similar to, or identical to content in the Entry and/or each other in theme, idea, plot, format, or other respects; iii) entrants will not be entitled to any compensation as a result of Released Parties' use of any such similar or identical material that has or may come to Released Parties, or any of them, from other sources. Except where prohibited by law, each entrant acknowledges and agrees that the Released Parties do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the entrant's copyright in and to the submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of any Released Parties' actual or alleged exploitation or use of any entry or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek any injunctive or other equitable relief or in any way enjoin, otherwise interfere with, delay, or interrupt the production, distribution, exhibition, or other exploitation of any production based on, or allegedly based on, the Entry, and entrant's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
GENERAL CONDITIONS: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Released Parties is not a confidential, fiduciary, exclusive or other special relationship, and that the entrant's decision to submit an Entry in connection with this Contest does not place the Released Parties in a position that is any different from the position held by members of the general public with regard to elements of the Entry, other than as set forth in these Official Rules. Except where prohibited by law and to the extent that the negative consequences described below are the foreseeable result of matters within the Released Parties' reasonable control and are the direct consequence of negligence or default by any of them, Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of Entries, the announcement of the prizes, the incorrect uploading of the photo or in any Contest-related materials. Except where prohibited by law and to the extent that the negative consequences described below are the foreseeable result of matters within the Released Parties' reasonable control and are the direct consequence of negligence or default by any of them, Released Parties are also not responsible for (i) any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest; or (ii) injury or damage to any person's computer related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsors, will be disqualified and all associated Entries will be void. Sponsors reserve the right at their sole discretion to suspend, modify or terminate the Contest for any reason, including, but not limited to, should any portion of the Contest be, in Sponsors' sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsors, corrupt or impair the administration, security, fairness or proper play, or submission of Entries. If terminated, Sponsors may, at their discretion, select the potential winners from all eligible, non-suspect Entries received prior to action taken using the judging procedure outlined above.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
CHOICE OF LAW: This Contest is governed by United States law and is subject to all applicable federal, state, provincial and local laws (with the exception of Brazil). Any and all legal actions or claims arising in connection with this sweepstakes must be brought in a court of competent jurisdiction in the County of Sonoma, in the State of California.
SEVERABILITY/COUNTRY SPECIFIC NOTICES: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. In addition to the tax liability disclosures in these rules, winner is subject to abide by the income reporting and, if applicable, the payment of any taxes due per the laws, rules and regulations of the winner's country of residence.
MEXICAN RESIDENTS: By entering, entrants from Mexico hereby expressly agree and accept that for all that is related to the interpretation, performance and enforcement of this Official Rules, each of them expressly submit themselves to the laws of the United States of America and to the jurisdiction of the competent courts in the County of Sonoma, in the State of California, expressly waiving to any other jurisdiction that could correspond to them by virtue of their present or future domicile or by virtue of any other cause.
REQUEST FOR WINNERS' LIST: For a list of winners (available after October 1, 2010 send a self-addressed, stamped, envelope by September 1, 2010 to: My Favorite Things Contest Winners, Legal Department, DayMen Photo Marketing LP, 1003 Gravenstein Highway North, Suite 200, Sebastopol, CA 95472, USA. Residents outside the U.S. may omit return postage.
SPONSORS: DayMen Photo Marketing LP, 1003 Gravenstein Highway North, Suite 200, Sebastopol, CA 95472 and Polar Bears International, 810 N. Wallace, Suite E, Bozeman, MT 59715, USA.
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