THE 2015 DIGITAL PHOTO PRO “THE FACE” PHOTO CONTEST
ELIGIBILITY: The 2015 Digital Photo Pro “The Face” Photo Contest (“Contest”) is open to is open only to individuals who have reached the age of majority in their jurisdiction of residence at the time of entry and who do NOT reside in Cuba, Iran, North Korea, Sudan or Syria. Employees of Madavor Media LLC., Chimera Lightinga, Think Tank, Portrait Photo and BookBaby Inc., (“Sponsor”), and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and their immediate family members (spouse, parent, child and sibling and their respective spouses, regardless of where they reside) and/or those living in same household of each, whether or not related, are not eligible to participate or win. Sponsors reserve the right to verify all eligibility requirements. Contest is subject to all applicable federal, state, and local laws and regulations. CONTEST IS VOID IN CUBA, IRAN, NORTH KOREA, SUDAN, SYRIA AND WHERE PROHIBITED.
CONTEST PERIOD: The Contest will begin on September 8, 2015 at 12:01 a.m. PT and end on November 3, 2015 at 11:59 p.m. PT (the “Contest Period”).
Please Note:A non-refundable one-time entry fee of $15.00 USD is required to submit an entry in this Contest between September 8, 2015 at 12:01 a.m. PT and on October 27, 2015 (“Entry Fee”). An additional fee of $10.00 (for a total of $25.00 USD) is required to submit an entry between 12:01 a.m. PT on October 28, 2015 and 11:59 p.m. PT on November 3, 2015.
HOW TO ENTER:Visit http://www.digitalphotopro.com/theface and follow the directions provided to (i) complete the website registration form or log-in (if you already have an account), (ii) follow the payment instructions provided to pay the non-refundable Entry Fee, (iii) complete and submit the online entry form, and (iv) upload one (1) original photo to submit (an “Entry”). All Entries must be received by November 3, 2015 at 11:59 p.m. PT to be eligible. Each photograph must be submitted in .JPG or .GIF format.
Please note:All Entries will be eligible for (i) the First Prize (as described below), (ii) Second Prize (as described below), (iii) Third Prize (as described below), and (iv) Finalist Prizes (as described below).
Entry must be the original work of the entrant and entrant must be the sole owner of the copyright of such Entry. Entry must be in keeping with Sponsor’s image and may not be inappropriate or offensive, as determined by the Sponsor in their sole discretion, nor can it defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or property rights or any other third-party rights. Sponsor reserves the right, in their sole discretion, to disqualify any entry they deem to be offensive, inappropriate, that is not in keeping with Sponsor’s image or that is otherwise not in compliance with the terms of these Official Rules. Entrant must have obtained express written consent to submit any Entry that contains persons other than entrant or third-party elements not owned by entrant and, if requested to do so, produce such written consent from appropriate parties in a form and manner acceptable to the Sponsor.
By submitting an Entry, entrant acknowledges and agrees that Sponsor may obtain many Entries in connection with this Contest and/or other contests staged and/or promoted by the Sponsor, and that such Entries may be similar or identical in theme, idea, format or other respects to other Entries submitted in connection with this Contest and/or other contests sponsored by the Sponsor or submitted for other reasons or other materials developed by the Sponsor. Entrant waives any and all claims entrant may have had, may have, and/or may have in the future, that any Entry and/or other works accepted, reviewed and/or used by the entrant may be similar to his/her Entry, or that any compensation is due to entrant in connection with such Entry or other works used by Sponsor.
By submitting an Entry, entrant hereby grants permission for the Entry to be posted on http://www.digitalphotopro.com 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 and may remove a posted Entry at any time.
JUDGING: Thirty (30) potential Finalist winners will be determined from among all eligible Entries received by a panel of qualified judges, based equally on the following criteria: Adherence to Contest Theme, Composition, and Creativity of photograph(s), and Originality of photograph(s) (“Judging Criteria”), subject to eligibility. From these thirty (30) finalists, one (1) potential First Prize winner, one (1) potential Second Prize winner, and one (1) potential Third Prize winner will be selected. The one (1) Entry with the highest score will be deemed the potential First Prize winner. The one (1) Entry with the next highest score will be deemed the potential Second Prize winner. The one (1) Entry with the next highest score will be deemed the potential Third Prize winner.
In the event of a tie for any prize, an additional “tie-breaking” judge will determine the applicable winners from among those tied using the Judging Criteria. Sponsor reserves the right to not award any prize if, in their sole discretion, an insufficient number of eligible and qualified Entries are received. Decisions of the Sponsor and judges are final and binding.
WINNER NOTIFICATION: Potential winners will be notified by telephone, mail and/or e-mail on or about December, 2015, and will be required to execute and return an Affidavit of Eligibility and Liability (or a Declaration of an eligible Canadian resident) and, unless prohibited, a Publicity Release, a W-9 Form and any additional documents that may be required by prize provider within fourteen (14) days of date of issuance. If any potential winner is an eligible minor in his or her jurisdiction of residence, prize may, at the Sponsor’s discretion, be awarded in the name of the parent or legal guardian, and such parent or legal guardian will be required to fulfill all requirements imposed on such winner set forth herein. Noncompliance with this time period or with these Official Rules, or the return of any prize notification as undeliverable, may result in disqualification and, at the Sponsor’s discretion, the prize may be awarded to a runner-up for the applicable prize.
First Prize, Winner’s choice of one (1) Digital camera (Sony Alpha a7 II, Canon 7D Mark II or Fuji X-T1 (Body Only) (“ARV”): $1,698; one (1) Chimera Lighting Kit with (1) 30″ Octa Beauty Dish and (2) NEW Super PRO X Strip Lightbanks with Speed Rings (“ARV”): $1,549; one (1) PhotoShelter Pro Account For 1 Year (“ARV”): $549; one (1) Think Thank CityWalker 30 photo bag (“ARV”): $164.75; one (1) PortraitPro Studio Max editing software (“ARV”): $119.95; one (1) Hardcover high-quality Bookbaby book featuring all winners and finalists (“ARV”): $45, image showcased in a special multiple-page feature in the January 2016 issue of Digital Photo Pro (priceless), published in the Digital Photo Pro online Winners’ Gallery (priceless), one (1) Zinio Digital 1-Year Subscription to Digital Photo Pro Magazine (“ARV”): $15 (First Place Prize Approximate Retail Value (“ARV”) $4,140.70)
Second Prize, Image showcased in a special multiple-page feature in the January 2016 issue of Digital Photo Pro (priceless), one (1) My 2nd Brain 15″ Briefcase from Think Thank photo (“ARV”): $99.75; one (1) PortraitPro Studio Max editing software (“ARV”): $119.95; one (1) Hardcover high-quality Bookbaby book featuring all winners and finalists (“ARV”): $45, Published in the Digital Photo Pro online Winners’ Gallery (priceless), one (1) Zinio Digital 1-Year Subscription to Digital Photo Pro Magazine (“ARV”): $15 (Second Place Prize Approximate Retail Value (“ARV”) $279.70)
Third Prize, Image showcased in a special multiple-page feature in the January 2016 issue of Digital Photo Pro (priceless), one (1) Digital Holster 20 from Think Thank photo (“ARV”): $69.75; one (1) PortraitPro Studio Max editing software (“ARV”): $119.95; one (1) Hardcover high-quality Bookbaby book featuring all winners and finalists (“ARV”): $45, Published in the Digital Photo Pro online Winners’ Gallery (priceless), one (1) Zinio Digital 1-Year Subscription to Digital Photo Pro Magazine (“ARV”): $15 (Second Place Prize Approximate Retail Value (“ARV”) $249.70)
Finalists Prize, thirty (30): Hardcover high-quality Bookbaby photo book. (Finalist Prize ARV: $45 each)
Total ARV of all prizes: $5,885.10. If, for any reason, the Sponsor does not feature any of the applicable winning entries in Digital Photo Pro Magazine in the January 2016 issue, no compensation or substitution will be provided; however, remainder of prize package will be awarded and Sponsor will have no further obligation to winners. All prize details are at the sole discretion of the Sponsor. No substitution, cash equivalent or transfer of prizes permitted by winners. Sponsor reserves the right to substitute a prize (or portion thereof) of comparable or greater value, in their sole discretion. All federal, state, provincial, withholding and local taxes (as applicable) as well as any costs and expenses associated with prize acceptance and use not specified herein as being awarded are sole responsibility of each winner. Gift cards, if awarded, are subject to certain terms and conditions as specified by issuer. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by the Sponsor. Limit one (1) prize per household.
USE OF ENTRY: By submitting an Entry, entrant grants the Sponsor and their designees an irrevocable, royalty-free, nonexclusive, worldwide perpetual license to use the Entry and his/her name, city and state of residence for credit purposes in Sponsor’s online galleries, without further compensation, notification or permission, unless prohibited by law. In addition, each winner grants to the Sponsor and their designees an irrevocable, royalty-free, nonexclusive, worldwide perpetual license to use, edit, modify, cut, rearrange, add to, delete from, reproduce, encode, store, transmit, produce, publish, rent, lease, distribute (directly or indirectly through multiple tiers), post, broadcast, publicly perform or display, adapt, exhibit and/or otherwise use or reuse or exploit (without limitation as to when or to the number of times used) and use the Entries and entrants name, city and state of residence (for credit purposes) in perpetuity in any and all media including but not limited to digital and electronic media, in Outdoor Photographer,Digital Photo, HDVideoPro and Digital Photo Pro magazines, computer, DVD, CD, print, audio and audio-visual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner for purposes of promotion of this Contest and other Sponsor’s contests and/or for purposes of advertising and promoting the Sponsor and, except as otherwise stated herein, without further compensation, notification or permission, unless prohibited by law.
MISCELLANEOUS:Released Parties (as defined below) are not responsible for late, lost, garbled, damaged, incomplete, delayed, undelivered, or misdirected Entries or photographs or for computer, technical, printing, typographical, human or other errors relating to or in connection with the Contest, including, without limitation, inability to access any website associated with the Contest, errors which may occur in the administration of the Contest, the processing or judging of Entries, the announcement of the prizes or in any Contest-related materials. If for any reason the Contest (or any portion thereof) is not capable of running as planned, including infection by tampering, unauthorized intervention, fraud, technical failures, or any other causes that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right, at their sole discretion, to cancel, terminate, modify or suspend the Contest and, if terminated, at its discretion, determine winners from among all non-suspect, eligible Entries received up to time of such action using judging procedure described above. By participating, entrant agrees (i) to be bound by the terms of these Official Rules and the decisions of the Sponsor and judges, which are final and binding in all respects, and (ii) to hold the Sponsor and their respective parents, affiliates, subsidiaries, prize suppliers and advertising and promotion agencies, and the respective directors, officers, employees and agents of the foregoing (collectively, the “Released Parties”), harmless against any and all claims and liability arising, in whole or in part, directly or indirectly, out of or in connection with participation in this Contest, acceptance and use of any prize or Released Parties’ use of any of the rights granted herein. Sponsor may disqualify (and void all associated Entries) anyone from participating in the Contest or winning a prize if, in its sole discretion, it determines that such person is attempting to undermine the legitimate operation of the Contest by cheating, deception or other unfair practices, or intending to annoy, abuse, threaten or harass any other entrant or Sponsor’s representatives or who is otherwise not in compliance with the terms of these rules. ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
DISPUTES/CHOICE OF LAW: Unless the laws relevant for the domicile of the entrant provide otherwise, this Contest is governed by California, USA law, without reference to its conflicts of law principles and is subject to all applicable federal, state, and local laws. Except where prohibited by law, any and all legal actions or claims arising in connection with this Contest shall be resolved individually, without resort to any form of class action, and must be brought in a court of competent jurisdiction in the County of Los Angeles, in the State of California. Further, in any such dispute, under no circumstances will entrants be permitted to obtain awards for, and hereby waive all rights to claim, punitive, incidental or consequential damages, including attorneys’ fees, other than entrants actual out-of-pocket expenses (e.g. costs associated with entering), and entrant further waives all rights to have damages multiplied or increased.
WINNERS’ LIST:For the list of winners (available after 12/15/2015) send a separate, stamped, self-addressed envelope to: Digital Photo Pro Face Photo Contest Winners’ List, Attn: Marketing Department, 520 Broadway, Santa Monica, CA 90401, to be received by 1/10/2016.
Madavor Media LLC., 520 Broadway, Santa Monica, CA 90401
Anthropics Technology Ltd., 25883 N Park Ave, Unit A983145, Elkhart, Indiana 46514
BookBaby, 7905 N. Route 130, Pennsauken, NJ 08110
Chimera, 1812 Valtec Lane, Boulder, CO 80301
PhotoShelter, 33 Union Square West, 2nd Floor, New York, NY 10003
Think Thank, 1105 N. Dutton Ave. Suite C, Santa Rosa, CA 95401 USA