Outdoor Photography Guide Water Photo Contest - Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

1. Contest Entry Period/Sponsor:  The Outdoor Photography Guide Water Photo Contest (“Contest”) begins at 12:00:01 AM Central Time (“CT”) on 4/15/2021 and ends at 11:59:59 PM CT on 6/30/2021 (the “Contest Entry Period”). Sponsor: TN Marketing LLC (“Sponsor”), 2955 Xenium Ln. N. Suite 10, Plymouth, MN 55441. 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, Tamron, and their 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 Water Photo Contest entry form page found at https://www.outdoorphotographyguide.com/article/water-photo-contest/ (“Contest Website”) fill out the entry form, and submit your photo (“Photo”) of your best water (“Theme”). Limit of 1 Entry per person/email address.

4. Selection of Winner:  The winner will be determined by highest number of votes from all eligible entries received on or about 7/6/2021. Sponsor’s decisions are final and binding in all matters relating to this Contest.

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 June 30, 2021. 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 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 a water photo;
• 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 winner will choose one of three lenses:
· Tamron 28-75mm F2.8 Di III RXD (model A036) value $879 for Sony Full-frame Mirrorless
· Tamron 17-70mm F2.8 Di III-A VC RXD (model B070) value $799 for Sony APS-C Mirrorless
· Tamron 35-150mm F2.8-4 Di VC OSD (model A043) value $799 for Canon and Nikon DSLR and mirrorless with mfg adapter
Odds of winning depend on the number of eligible entries received during the Contest Entry Period. Winner is responsible for all local, state and federal taxes and fees, if any. No substitution permitted or cash equivalent, except in the sole discretion of the Sponsor. Prize will be awarded to the individual who submitted an Entry and is non-transferrable.

8. Winner Notification:  The potential winner will be notified via the email they provided at entry. 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, 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 from among the remaining eligible entries. The Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate winner. All decisions and results of Sponsor are final and binding. Acceptance of prize constitutes permission (except where prohibited by law) to use each winner’s name, prize won, town where winner is located and likeness for promotional purposes without further compensation. Tamron will be sending winner the prize to the address provided on the Release.

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 the 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, indirect or direct damages, including consequential damages, incidental damages, punitive or exemplary damages, judgments, 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. 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. This Contest shall be governed by and interpreted under the laws of the State of New York, U.S.A. without regard to its conflicts of laws rules which could cause the application of the laws of any other jurisdiction. 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. 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. 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. SPONSOR’S FAILURE TO ENFORCE ANY TERM OF THESE RULES SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION.

10. Winners Name:  For the name of the winner (available 30 days after the Contest ends) send a self-addressed envelope no later than 90 days after the Contest ends to Outdoor Photography Guide Water Photo Contest c/o TN Marketing LLC., 2955 Xenium Ln. N. Suite 10, Plymouth, MN 55441.

11. PRIVACY:  By entering, you agree that Sponsor may collect, use and share your information pursuant to its privacy policy found at http://www.tnmpolicies.com/terms/.

This Contest is not sponsored, endorsed or administered by Facebook, Instagram or Twitter, nor is Facebook, Instagram or Twitter associated with the Contest in any way. Any questions, comments or complaints regarding the Contest must be directed to Sponsor and not to Facebook, Instagram or Twitter. Facebook is a trademark of Facebook, Inc. Instagram is a trademark of Instagram, Inc. Twitter is a trademark of Twitter, Inc. Pinterest is a trademark of Pinterest Inc.