Outdoor Photography Guide Wildlife Photo Contest
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1. Contest Entry Period/Sponsor: Outdoor Photography Guide Wildlife Photo Contest (“Contest”) begins at 12:00:01 AM, Central Time (“CT”) on 10/01/19 and ends at 11:59:59 PM CT on 11/30/19 (the “Contest Entry Period”). Sponsor: TN Marketing, LLC (“Sponsor”), 1903 Wayzata Blvd E, Wayzata, MN 55391. Contest is governed by U.S. law. Void where prohibited by law.
2. Eligibility: The Contest is open to individuals who are: legal residents of the 50 United States or District of Columbia age 18 or older. Employees of Sponsor, Fujifilm USA, Skylum Software USA, Inc., MPB US, Inc. and their parent or affiliated companies and its advertising and promotion agencies and anyone involved with the Contest (collectively, “Contest Entities”), and their immediate family members and/or those living in the same household of each are not eligible to enter or win.
3. How to enter: To be eligible for the Contest, all Entries must be received during the Contest Entry Period. The person uploading the Entry will be deemed the entrant (“Entrant”). To enter go to the Outdoor Photography Guide Wildlife Photo Contest entry form page found at https://www.outdoorphotographyguide.com/article/wildlife-photo-contest/ (“contest Website”), fill out the entry form, and submit your photo (“Photo”) of wildlife (“Theme”). Limit of 1 Entry per person/email address.
4. Selection of Winner. All eligible Entries will be judged by the Sponsor based equally upon the following judging criteria: (1) relevancy to the Theme; (2) photo quality (3) composition (4) sharpness; (5) popularity based on Votes (collectively, “Judging Criteria”). The Entrant with the highest score will be the potential winner (“Winner”). In the event of a tie, the tying Entries will be re-judged based on overall quality. In the event of a further tie, the tying Entries will be re-judged based on all of the Judging Criteria again.
Public Voting: All Photos will be posted for public voting by the Sponsor community who will determine the popularity of the Photos based on the number of votes received up until 11:59 PM CT on November 30, 2019. Voting is subject to any voting instructions posted on the Contest Website. Only one vote is permitted per person/email account during the Contest Entry Period. Votes from accounts created with the sole purpose of voting multiple times, obtained using any robotic, automatic, mechanical, programmed or similar entry duplication method, garnered by offering prizes or other inducement to members of the public, group or vote farming, or any other activities that artificially inflate votes, votes that do not comply with the Official Rules or these requirements, or that result from fraud or collusion, or any other abuse of these Official Rules as determined by Sponsor in its sole discretion, will be disqualified. Participants may view votes and/or rankings posted at the Contest Website at any given time is not guaranteed to be an accurate or up-to-date reflection of the current votes received and therefore, participants cannot rely upon the display to determine the relative popularity of a Photo. There may be delays in the display of real-time votes due to technical functions and Sponsor is not responsible for the untimely display of or irregular fluctuations in any votes or rankings that are posted or announced. In the event of any technical issues that arise for any reason, or any dispute pertaining to the calculation of votes, Sponsor reserves the right to, in good faith, determine the a fair resolution of the popularity criteria, including without limitation, the number of votes accumulated before the technical issue or another resolution that the Sponsors feel is equitable in their sole discretion. In no event will Sponsors be responsible for any technical difficulties or disputes that make an alternative determination of the popular votes or the cancellation of the popularity criteria if necessary.
All Entries and requests become the property of Sponsor and will not be acknowledged or returned. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. In the event of a dispute over the identity of an online entrant, Entry will be deemed submitted by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Entries with duplicate email addresses or multiple Entries using different email addresses for a single individual for the purpose of entering more than the limit will be disqualified.
5. Requirements of Entry: By submitting your Photo you agree that it conforms to the guidelines and content restrictions below and that Sponsor, in its sole discretion, may remove your Photo and disqualify you from the Contest if it believes your Photo fails to conform. Your Entry must comply with the following and by entering you represent and warrant and agree that:
• You have received permission from anyone involved in the creation of your Photo (“Third Party Participant”) to submit your Photo with the Entry and to grant the rights granted to Sponsor herein (and if requested from Sponsor will provide evidence of this permission);
• The Photo does not contain any recognizable people in it and is solely wildlife;
• The Photo is the sole, original work of Entrant and is not copied from any other work and does not infringe upon the rights of any third party. Do not copy or otherwise plagiarize your Photo from any source;
• The Photo does not contain any third party copyrighted material, products, trademarks, logos or otherwise violate or infringe any copyright, trademark, logo or mark that identifies a brand or other proprietary right of any person or entity;
• The Photo does not defame or otherwise violate the rights of any third party;
• The Photo cannot be offensive nor contain any elements such as nudity, graphically violent imagery, sexually suggestive imagery or text, or be explicitly racial, profane, slanderous or visually depict alcohol, tobacco, gambling or be objectionable in any way or contrary to the interests of Contest or Sponsor, as determined in the sole discretion of the Sponsor; and
• Entrant will hold harmless Contest Entities from any claim by any third party relating to any rights in the Photo or your Entry.
6. Licensed Rights: Entrants retain ownership of the Entries they submit, however, by entering, Entrant, on behalf of him/herself and any Third Party Participants, grant Contest Entities, the perpetual, fully-paid, irrevocable, non-exclusive license to reproduce, prepare derivate works of, distribute, display, exhibit, transmit, broadcast, televise, digitize, otherwise use, and permit others to use and perform throughout the world the Entry or Photo in any manner, form, or format now or hereinafter created, including on the internet, and for any purpose, including, but not limited to, advertising or promotion of Sponsor and the Contest all without further consent from or payment to Entrant or any persons whose material is incorporated in the Entry or Photo or who assisting in the creation of the Entry or Photo. Photos may be published and posted online but Entrants agree that Sponsor has no obligation to post or publish the any Photo, that all such postings or publication, if any, will be in Sponsor’s sole discretion and that the posting or publication of any Photo does not indicate that the specific Photo is a winning Entry. If Sponsor at any time receives a complaint (including but not limited to a cease and desist letter, general letter of complaint etc.) alleging intellectual property infringement or any other violation of any third party right pertaining to any element of an Entry Sponsor reserves the right to disqualify the Entry.
7. Prize: The prize bundle to be awarded to the winner includes: (1) FUJIFILM X-T30 with FUJINON XF18-55mmF2.8-4 R LM OIS (approximate retail value (“ARV”) $1299.95; (2) Skylum Luminar 3 & 4 Bundle (ARV $158) and (3) $250 Gift Card from MPB.com (value $250). No substitutions on prize will be permitted, except the Sponsor may make any substitution it deems necessary of equal or greater retail value. Prize is not transferable. Winner is responsible for all federal, state and local laws on the prize awarded. An IRS Form 1099 will be filed in the name of the winner for the retail value of the prize if the prize awarded is over $600 as required by law.
8. Winner Notification: The potential winner will be notified via the email they provided at Entry. Potential winner will have to execute an affidavit of eligibility and release (“Release”) within 14 days of the date on the Release to be eligible to be awarded the prize. If a potential winner is a minor as determined by the laws of the jurisdiction in which s/he resides (“Minor’), the Minor’s parent or legal guardian will have to sign the Release on the Minor’s behalf. If a potential prize winner does not respond to the winner notification email (email will be sent 3 times over a 5 day period), or if said email is returned as undeliverable, does not return the executed Release within 7 days, or if an entrant is otherwise found to be ineligible, does not provide required information, or if the selected winner cannot accept or receive the prize for any reason, the potential prize winner will forfeit the Prize and an alternate winner will be selected. The Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate winner, if any. All decisions and results of Sponsor are final and binding.
9. General: Entrants agree to these Official Rules and the decisions of the Sponsor, and on their behalf, and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns (“Releasing Parties”), release, defend and hold harmless Contest Entities, as well as the respective employees, officers, directors and agents of each (“Released Parties”), from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, extent, executions, claims and demands whatsoever, in law or equity, whether known or unknown, foreseen or unforeseen, against Released Parties which any one or more of the Releasing Parties ever had, now have or hereafter can, shall or may have which in any way arise out of or result from Entrant’s participation, acceptance and use or misuse of any prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of any prize. The Winners acknowledge that the Sponsor and all other businesses concerned with this Contest and their agents do not make, nor are in any manner responsible for any warranty or representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of the prize except that such prize shall be subject to manufacturer’s standard warranty. Sponsor will not be liable if Sponsor is prevented from continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state, or local government law, order, or regulation, or order of any court or other cause not within Sponsor’s control. Entrants assume all liability for any injury, including death or damage caused or claimed to be caused, by participation in this Contest or use or redemption of any prize. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law rules (whether of the State of Minnesota or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Minnesota. Any and all disputes, claims, and causes of action arising out of or in connection with this Contest, shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate courts located in Hennepin County, Minnesota. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS CONTEST. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. Notwithstanding any other provision in this Agreement and without waiving either party’s right to appeal such decision, should any portion of this provision be deemed invalid or unenforceable, then the entire provision (other than this sentence) shall not apply. Entry materials/data that have been tampered with or altered, or mass Entries or Entries generated by a script, macro or use of automated devices are void. The Sponsor is not responsible for: (i) lost, late, misdirected, illegible Entries; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of Entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive Entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; (iii) any injury or damage to Entrant’s or any other person’s computer related to or resulting from participating in the Contest, or (iv) the failure of any third party to comply with the instructions and proper administration of this Contest. Sponsor reserves the right to permanently disqualify from any Contest it sponsors any person it believes has intentionally violated these Official Rules; and terminate the Contest if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Contest), or to select winners from among all eligible Entries received prior to termination. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL & CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
10. Winners Name: For the name of the winner (available 30 days after the Contest ends) send a stamped, self-addressed envelope no later than 90 days after the Contest ends to Outdoor Photography Guide Wildlife Photo Contest c/o TN Marketing LLC., 1903 Wayzata Boulevard East, Wayzata, MN 55391.