FACES AND PLACES OF THE WORLD CONTEST

Official Rules

 

1.         GENERAL. This "Faces and Places of the World Contest" (the "Contest") is a Contest where eligible participants will have the chance to win a trip to the Bahamas or other prizes as described in more detail below. All entries are subject to payment of the Contest Entry Fee described below. The foregoing is a general description only of the Contest and is qualified in its entirety by these Official Rules. This Contest is offered by Clarity Digital Group LLC ("CDG"). The Contest websites and entry process are administered by IPN Technology.

 2.         ELIGIBILITY. The Contest is only open to entrants who, as of the entry date, are legal residents of the United States or Canada (excluding Quebec province) (the "Territory") and who are at least eighteen (18) years old, or the applicable age of majority in their jurisdiction, if such age is other than 18. Employees, officers and directors of CDG and its parents, subsidiaries, affiliates, advertising and promotion agencies, and the immediate families (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) or members of the same household (whether related or not) of each such employee, officer and director, are not eligible to enter. The Contest is void outside the Territory; and where prohibited or restricted by law. The Contest is governed by all applicable laws and regulations. The Contest, and any website pages and advertisements relating thereto, are intended for viewing only within the Territory, and entrants must be present in the Territory at the time they enter.

 3.         ENTRY FEES. All entrants into the Contest will be subject to the following entry fees ("Contest Entry Fees"):

AMATEUR: $10 USD per single photo entry; $15 USD per series of photos (up to 6 photos).

PROFESSIONAL: $20 USD per single photo entry; $25 USD per series of photos (up to 6 photos).

Entries submitted during the Late Period (described in paragraph 4 below) are subject to additional late fees of $5 USD. Payment of Contest Entry Fees must be made at the time of entry, as described below. Contest Entry Fees are payable on the Contest entry website. No refunds, credits, or adjustments of Contest Entry Fees will be provided in any circumstances.

 4.         TIMING. The Contest begins at 12:01 a.m. Pacific Daylight Time (PDT) on October 7, 2009 and ends December 16, 2009 at 11:59 pm PDT (the "Entry Period") (with an early entry deadline of 12:00 a.m. PDT on December 10, 2009 and a final deadline of December 16, 2009 at 11:59 pm PDT. An additional Late Fee of $5 USD (for all entries regardless of category) is required for each entry received between 12:00 a.m. PDT on December 10, 2009, and 11:59 p.m. PDT on December 16, 2009 (the "Late Period") in addition to the applicable Contest Entry Fee described above.

 5.         HOW TO ENTER. During the Entry Period, go to photocontest.examiner.com or photocontest.nowpublic.com and click on the Contest link. This will take you to the Contest entry page, where you will be required to pay the applicable Contest Entry Fee (which will vary depending on whether you are submitting a single photo or a series of photos), complete the entire entry form and submit one or more digital photographs, as described in the entry form, and follow any other instructions regarding entry into the Contest. You may enter as an Amateur or Professional (if you are a professional photographer, meaning that you have been paid any amount for one of your photographs in the last twelve (12) months, you must enter in the Professional Category). You may also choose to enter within a particular Subject Category based on the topic of the photograph (Subject Categories include People, Personal Work, Animals/Pets, Nature/Outdoors). All entries will automatically be submitted for public voting in the "Public's Choice" category (voting will be accessible from the "Favorites" link on the contest menu). You may choose to enter a single photo, or a series of photos (6 photos or less). Recommended format of the photos is indicated on the entry page. All submissions must comply with the terms and conditions of these Official Rules, including the appropriateness and originality of the submission detailed below. You may enter as many times as you wish. All entries must be received by CDG during the Entry Period. All entries will be deemed to have been made by the individual named in the entry form. Any submission that does not comply with any aspect of these Official Rules may be rejected by CDG and the entrant disqualified.

Each submission must be in keeping with CDG's positive image and may not be offensive or inappropriate, as determined by CDG in its sole discretion, nor can it defame or invade publicity rights or privacy of any person, living or deceased, or entity, or otherwise infringe upon any person' s or entity's personal, intellectual property or property rights or any other third party rights (including, without limitation, copyright and trademark rights). A submission may not incorporate or include anything that would require the consent of any third party for the use of the submission as set forth in these Official Rules, and may not include the image of a person without the prior written consent of such person. CDG reserves the right, in its sole discretion, to disqualify any entry CDG deems, in whole or in part, to be offensive, inappropriate or that is not in keeping with CDG's image; such a determination by CDG may be made at any time, including, without limitation, based on facts or circumstances arising before, during or after submission of an entrant's submissions.       

             All submissions in the Contest must be the entrant's own original creation (an original is the product of one's own mind and is not a copy or imitation), created solely by entrant. Submissions may not have been published previously, in whole or in part, or have won any other award. Modifying, enhancing or altering a third party's preexisting work does not qualify as an original creation.

 Although entrants will retain ownership of copyright in the photographs submitted, each entry form and the copies of photographs submitted therewith (collectively the "Submissions"), become the property of CDG, and will not be acknowledged or returned. Each entrant hereby grants to CDG, its parent, subsidiaries and related entities, and each of their successors and assigns, the perpetual, irrevocable, worldwide and fully-transferable right (but not obligation) and license, without any notification to or approval of entrant, to reproduce, distribute, modify, display, make derivative works of, and otherwise use entrant's Submissions (or any part thereof) in any manner or media whether now or hereafter existing for promotional purposes in connection with the Contest, including reference thereto or promotion thereof ,or in connection with the business of CDG or its related entities when referencing the Contest or other contests or promotions or marketing of the foregoing in any manner, without payment or other consideration to or consent of entrant or any third party including without limitation featuring the photographs contained in the Submissions on the Examiner.com and NowPublic.com websites and other media properties. The foregoing license does not include the right to sell or exploit any Submission for commercial purposes other than as expressly set forth herein. CDG shall have no obligation to maintain any of the Submissions, or any information or ideas contained therein, as confidential or proprietary. CDG reserves to right to edit, modify, or abridge any Submissions for any reason prior to use.

 6.         JUDGING; SELECTION; NOTIFICATION. On or about January 11, 2010, the Contest judges will select winners in each of the following categories: (a) one winner of the "Professional" category and one winner of the "Amateur" category from all entries in each such category; and one "Professional" and one "Amateur" winner in each of the four Subject Categories from among all eligible entries received by CDG during the Entry Period, based on the best Submissions as determined by the Contest judges. Contest judges will evaluate each eligible Submission based on the following criteria ("Judging Criteria"): creativity – 25%, effectiveness at conveying the Contest theme - 25%, and quality of photographs included in the Submission - 50%. Each photograph will be judged separately, regardless of whether submitted as a single photograph or as part of a series of photographs. In the event of a tie, the tied entrants will be reevaluated against each other based on the criteria above until the tie is broken. Judging in the Contest will be by a panel of individuals experienced in evaluating photography, which individuals shall be selected by CDG and who may also be employees or agents of CDG. In addition, one winner will be selected by public vote in the Public's Choice category, based solely on a vote by any individuals who choose to go to the Contest voting page and vote on the best entries based on the Judging Criteria.

Entrants must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. A potential winner will be notified by email sent to the same email address used to enter the Contest. If the potential winner does not respond to the email within three (3) days of the first attempt to contact him/her, or if the potential winner is found to be ineligible, or if the potential winner does not comply with the Official Rules, then the potential winner may be disqualified and an alternate winner selected by CDG in his/her place at random from among all remaining eligible non-winning entries.

 7.                 PRIZES. Subject to the terms and conditions of these Official Rules, the following prizes will be awarded in the Contest:

a.      One (1) Professional Category Grand prize winner (selected from all entries in the "Professional" category, regardless of Subject Category and regardless of whether submitted as an individual photo or a series of photos) will receive all of the following three (3) prizes:

i.          Bahamas 3-Night Vacation for two, including only: coach-class round trip airfare from any location in the continental United States to Nassau for two people (provided that total airfare cost may not exceed $250 USD per person) and one room for three nights at the Wyndham Nassau Resort & Crystal Palace Casino (no other expenses are included, including without limitation local travel, meals, or other incidentals). Dates of trip subject to approval by CDG and availability. Travel must occur in calendar year 2010. (Approximate Retail Value ARV $1,000 USD)

ii.     Photo District News Photoserve Portfolio (ARV $860 USD) A cost effective way to reach buyers in the visual arts industry. PhotoServe connects directly with creatives to get you noticed. More information at

http://www.pdnonline.com/pdn/photoserve/portfolio-rates/article_display.jsp

 iii.     12 month subscription to Photo District News Magazine (ARV $65 USD)

b.     One (1) Amateur Category Grand prize winner (selected from all entries in the "Amateur" category, regardless of Subject Category and regardless of whether submitted as an individual photo or a series of photos) will receive all of the following three (3) prizes:

i.          Bahamas 3-Night Vacation for two, including only: coach-class round trip airfare from any location in the continental United States to Nassau for two people (provided that total airfare cost may not exceed $250 USD per person) and one room for three nights at the Wyndham Nassau Resort & Crystal Palace Casino (no other expenses are included, including without limitation local travel, meals, or other incidentals). Dates of trip subject to approval by CDG and availability. Travel must occur in calendar year 2010. (ARV $1,000 USD)

ii.     Photo District News Swag Bag (ARV $15 USD)

 iii.     12 month subscription to Photo District News Magazine (ARV $65 USD)

c.      One Amateur and one Professional winner in each of the 4 Subject Categories (including all photographs submitted in each Subject Category, regardless of whether submitted in the Pro or Amateur Category, and regardless of whether submitted as an individual photo or a series of photos) will receive all of the following four (4) prizes:

          i.     $100 USD Gift Card from Ritz Camera (ARV $100 USD)

          ii.     12 month subscription to Photo District News Magazine (ARV $65 USD)

d.     One (1) Public's Choice winner (selected by the majority of votes from all photographs featured on the Public's Choice voting page, regardless of Subject Category, regardless of whether submitted in the Professional or Amateur Category, and regardless of whether submitted as an individual photo or a series of photos) will receive all of the following:

          i.     $200 USD Gift Card from Ritz Camera (ARV $200 USD)

ii.     Photo District News Swag Bag (ARV $15 USD)

e.      All winning photographs and names of the winners (and other biographical details in the sole discretion of CDG) may be featured on the Contest photo portal page accessed via Examiner.com and NowPublic.com, elsewhere on photocontest.Examiner.com, photocontest.NowPublic.com, other social media utilized by CDG in relation to the Contest, or elsewhere, in the sole discretion of CDG.

 LIMIT: One (1) prize per person or email address. No substitution may be made, except by CDG, who reserves the right to substitute a prize of equal or greater value. The winner is fully responsible for any and all applicable federal, state, international and local taxes and assessments. All costs and expenses not expressly specified herein, related to a prize or the use thereof are the sole responsibility of the winner.

8.         USE OF SUBMISSIONS; PUBLICITY. Except where prohibited by law, participation in the Contest constitutes winner's consent to CDG's and its related entities' use of winner's name, city, state, and any biography, information, and other Submissions submitted by the winner in the winner's entry for the Contest or subsequently provided to CDG in connection with the Contest, on any websites on which content provided by CDG is featured, on any other websites or print publications or other media in any format owned or controlled by Examiner.com or its related entities, and in any manner or media in which content from such websites or other media may be distributed, reproduced or displayed, worldwide, in perpetuity, and without payment, consideration or consent or notification to or by the winner.

 9.         GENERAL CONDITIONS. By participating in the Contest, each entrant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of CDG regarding eligibility of entries, the selection of entrants and winners, and the awarding of prizes, which are final and binding in all respects. CDG reserves the right, in its sole direction, to terminate, modify or suspend the Contest if, in CDG's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond CDG's reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest. In such event, CDG reserves the right in its sole discretion to award the prize at random from among eligible, non-suspect entries received up to the time of suspected impairment. CDG reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Contest is a violation of criminal and civil laws, and, should such an attempt be made, CDG reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. CDG's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

 10.        RELEASE. By entering, each entrant forever and irrevocably releases and holds harmless CDG, its parent company, subsidiaries, affiliates, related entities, agents, prize suppliers, and all of their respective employees, officers, directors, and shareholders (collectively, the "CDG Parties") from and against all losses, claims, damages, liabilities, costs or expenses (collectively, "Losses") arising in whole or in part, directly or indirectly, from entrant's participation and/or entry in the Contest and entrant's award, receipt or use of any prize awarded in the Contest, including, but not limited to, any Losses caused or alleged to be CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE of any CDG Parties. The foregoing release includes, without limitation, any and all LIABILITY, BODILY INJURY, DEATH, LOSS OR DAMAGE to entrant or any third party arising in whole or in part, directly or indirectly, from entrant's use of or participation in any prize. Each entrant further COVENANTS NOT TO SUE any of the CDG Parties with respect to any matter addressed by this release.

  11.        LIMITATIONS OF LIABILITY. The CDG Parties are not responsible for: (a) incorrect transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, incomplete, misdirected entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in the Contest; (e) printing, typographical, electronic or human errors in the offer or administration of the Contest or the processing of entries; or (f) any injury or damage to persons or property, including but not limited to entrant's computer, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest, or from viewing, playing or downloading any material from CDG's website, regardless of whether the material was prepared by CDG or a third party, and regardless of whether the material is connected to CDG's website by a hypertext link.

 12.        MISCELLANEOUS. Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded shall be resolved exclusively in a federal or state court located in Denver, Colorado, USA. Entrant submits to personal jurisdiction of said courts for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering the Contest but in no event attorneys' fees; and (c) under no circumstances will entrant be permitted to obtain awards for punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or CDG in connection with the Contest shall be governed by, and construed in accordance with, the laws of the United States and the State of Colorado, without giving effect to any choice of law or conflict of law rules of provisions. The sponsor of the Contest is CDG, and this contest is administered by IPN Technology. IPN may be contacted at info@nielsencontests.com. These Official Rules are available at http://photocontest.examiner.com/rules.shtml. To request a list of winners, send an email to info@nielsencontests.comwith "Faces & Places of the World Winner's List" in the subject heading.