“2013 AUDUBON MAGAZINE PHOTOGRAPHY AWARDS” CONTEST
OFFICIAL RULES AND REGULATIONS
ELIGIBILITY: The “2013 Audubon Magazine Photography Awards (“Contest”) is open to all legal residents, 13 years of age or older as of May 29, 2013, of the 50 United States, the District of Columbia, and Canada (excluding Quebec). Employees, officers, and directors of National Audubon Society, Inc. (the “Sponsor” or “Audubon”) or Nature’s Best Photography, and each of their respective parents, subsidiaries, divisions, trustees, franchisees, Contest prize providers and distributors, advertising and promotion agencies associated with the Contest, and any and all entities directly associated with the Contest, including immediate family members and members of the same household, are not eligible to participate (collectively with Sponsor, the “Contest Entities”). Void where prohibited by law. Contest is governed by U.S. law and subject to all applicable federal, state and local laws and regulations. By entering the Contest, entrants agree to accept and be bound by all terms of these Official Rules and Regulations (“Official Rules”).
HOW TO ENTER: From 12:00 p.m. Eastern Time (“ET”) on May 29, 2013 through 11:59 p.m. ET on September 4, 2013 (the “Entry Period”), Sponsor will conduct a Contest encouraging participants to submit photographs that depict birdlife in any form. Participants may only participate in one (1) of the divisions: Professional: Individuals 18 years of age or older currently earning more than $5,000 per year selling photography; Amateur: Individuals 18 years of age or older currently earning between $0 and $4,999.99 a year selling photography; or Youth: Individuals 13 to 17 years of age (each a “Division” or collectively, the “Divisions”). All participants’ ages are to be determined as of May 29, 2013.
There are two ways to enter:
Online: To enter online, a participant must: (i) Log on to the Contest website, located at www.audubonmagazinephotoawards.org (the “Contest Website”); (ii) Select the Division for which the participant meets all eligibility criteria; (iii) Fill in the required information and submit; (iv) Complete the payment information and make the required payment; and (v) Follow the instructions to upload up to ten (10) entry photographs (all such uploaded photographs, together with the mailed photographs described immediately below, collectively referred to as the “Submission”). Entry photographs (the “Photograph(s)”) must meet all Photograph Requirements listed below or will be considered ineligible for judging. At any time during the Entry Period, participants may return to the Contest Website using the URL provided in the entry confirmation email to add, remove or exchange photographs, provided the total number of photographs submitted does not exceed ten (10) total photographs.
By Mail: To enter by mail, a participant must: (i) Visit www.audubonmagazinephotoawards.org, navigate to the Enter page, provide all required information, click the submit button, and follow the instructions to download the Contest Mail Entry Form; (ii) Fill in the required information on the Mail Entry Form and on the back of each picture, as described on the Mail Entry Form; (iii) Select the division for which the participant meets all eligibility criteria; (iv) Check that you have read and agree to the Official Rules; and (v) Mail the completed entry form along with up to ten (10) entry photographs (all such mailed photographs, together with the uploaded photographs described immediately above, collectively referred to as the “Submission”) to: Audubon Magazine Photography Awards, Nature’s Best Photography, 1877-C Metro Center Drive, Reston VA 20190. Receipt of mailed entries will not be acknowledged unless the participant provides their email address on the Mail Entry Form. Confirmation of receipt is not an endorsement of any entrant or Submission, nor does it acknowledge a Submission’s eligibility. Limit: One (1) Submission per person or e-mail address. Any photographs submitted by a single participant after the eligible ten (10) photographs will be void and will not be returned. All photographs received by mail will not be returned. Once received, participants will not be able to remove or exchange photographs submitted by mail. Mailed entries must be postmarked by September 4, 2013 and received no later than September 11, 2013. Failure to follow these requirements may result in disqualification.
Participants may only submit photographs by one means of entry: either online or by mail. For any Submission made by two different means of entry, only the means of entry through which the Submission is first received will be valid. Submissions made through a second means of entry after a Submission has already been received through a first means of entry will be void. All entries must be submitted in the name of an individual person and the prize can only be awarded to the person whose name is on the winning entry at the time of submission. Limit one (1) Submission of up to ten (10) photographs per person or e-mail address.
PHOTOGRAPH REQUIREMENTS: Photographs submitted for entry online must meet the following requirements: (i) Photographs must not exceed 500 KB at 72 ppi (or 1000 pixels on the longest side for JPEGs); (ii) Photographs must be saved in RGB mode (not CMYK); (iii) Photographs must be saved as JPG format; (iv) Photograph Title must contain the following labels: Entrant’s Last Name, Entrant’s First Name and Species name, separated by a space or underscore and followed by “.jpg” (Example: Jones_Jill_bluejay.jpg). If multiple photographs are submitted for a single Species name, photographs should be referenced numerically (Example: Jones_Jill_bluejay_2.jpg). Additional Photograph information provided at entry, including but not limited to camera, equipment, location of photograph, subject of Photograph, and story behind the shot, will have no effect on a Photograph’s score.
Photographs submitted for entry by mail must meet the following criteria: (i) Only prints can be submitted, and they must be at least 5”x7” but no larger than 8”x10” (digital files saved onto CDs, DVDs, or any other media will not be accepted by mail); (ii) Each Photograph must have the following written or otherwise attached: Entrant’s First and Last Name, mailing address, email address (optional), Species name, location where photo was shot, and camera equipment used. If multiple photographs are submitted for a single Species name, photographs should be referenced numerically (Example: bluejay 2); (iii) Each photograph must include the Photograph Details number that corresponds to that photograph from the Mail Entry Form.
All Photographs must depict “birdlife” and must therefore contain at least one bird, and accurately reflect the subject matter as it appeared in the viewfinder. Photos that have been digitally or otherwise altered beyond standard optimization (including but not limited to removal of dust, cropping, and/or adjustments to color and contrast) will be disqualified. Normal processing of RAW image files or minor adjustments to color and contrast are acceptable, as is minimal cropping. Stitched panoramas may be entered in any division.
GENERAL CONDITIONS: Entrant warrants and represents: (a) he/she is the sole and exclusive author and owner of the Submission and all rights therein and that any submitted Photograph has not won any previous awards or competitions; (b) he/she has the full and exclusive right, power and authority to submit the Submission and to grant the Contest Entities the rights to the Submission herein granted, including but not limited to the worldwide copyright license, upon the terms and conditions set forth herein; (c) no rights in the Submission have been previously granted to any person, firm, corporation or other entity or otherwise exercised or made use of or encumbered in any way; (d) no part of the Submission has been published in Sponsor’s Audubon Magazine publication or any portion of Sponsor’s Audubon Magazine website (www.audubonmagazine.org); and (e) his/her Submission does not defame or invade publicity rights or the privacy of any person, living or deceased, or otherwise infringe upon any third party’s copyright, trademark or any other personal or property rights. Sponsor reserves the right in its sole discretion to disqualify any Submission at any time in the event it is determined Submission is offensive, inappropriate, not in keeping with Sponsor’s image or if it is determined that the entrant has not otherwise complied with any portion of these Official Rules. If the Submission contains any material or elements that are not owned by the participant and/or which are subject to the rights of third parties, the participant is responsible for obtaining, prior to submission of the Submission, any and all releases and consents necessary to permit the use and exhibition of the Submission by Sponsor in the manner set forth in these Official Rules, including, without limitation, permission to use the name and likeness of any person who appears in or is identifiable in the Submission. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any participant at any time. Entrant shall indemnify, defend and hold harmless the Contest Entities against any claims by any third party related a breach of any of these General Conditions, including, but not limited to, a claim of ownership of any copyright, trademark or any other personal or property rights, libel, defamation, invasion of privacy, or right of publicity. Entries generated by script, macro or other automated means will be void.
The Contest Entities are not responsible for misdirected, incomplete, lost, late, undelivered, inaccurate, illegible, or delayed entries, nor for technical, hardware, or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions or other errors or problems which may limit or affect a person’s ability to participate in the Contest, whether human, mechanical, typographical, printing, electronic, network or otherwise, relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with the administration of the Contest, the processing of Submissions, the announcement of the prize or in any Contest-related materials. In the event of sabotage, acts of God, terrorism or threats thereof, computer virus or other events or causes beyond the Contest Entities’ control, which corrupt the integrity, administration, security or proper operation of the Contest, Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend the Contest. In the event of cancellation, Sponsor reserves the right to judge all eligible, non-suspect Submissions received prior to the event requiring such cancellation using the judging procedure outlined below. False or deceptive Submissions or acts will render the participant ineligible. Each entrant hereby acknowledges and agrees that the relationship between entrant and Sponsor is not a confidential, fiduciary, or other special relationship, and that entrant’s decision to submit his/her Submission to Sponsor for purposes of the Contest does not place Sponsor in a position that is any different from the position held by members of the general public with regard to elements of entrant’s Submission. By entering this Contest, entrant acknowledges and agrees that: (i) Sponsor may create on its own or obtain many Submissions under this Contest and that such Submissions may be similar or identical in theme, idea, format or other respects to others submitted under this Contest and/or other contests staged and/or sponsored by Sponsor; (ii) Entrant waives any and all claims entrant may have had, may have, and/or may have in the future that any Submissions and/or other works accepted, reviewed and/or used by other entrants and/or Sponsor (or their designees) may be similar to entrant’s Submission; (iii) Contest Entities and their designees have the right, unless prohibited by law, to use entrant’s name, city and state of residence, voice, picture and likeness, without compensation, notification or approval, for the purpose of advertising and publicizing the goods and services of the Contest Entities and all matters related to the Contest, in any manner or medium, now or hereafter known, throughout the world in perpetuity; (iv) Sponsor does not have, nor shall have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to entrant’s Submission.
HOW TO WIN/JUDGING: On or about November 15, 2013 winners will be determined by a panel of judges to be determined by the Sponsor from among all eligible entries received during the Entry Period. There will be one (1) Grand Prize winner determined from among all eligible entries received, and one (1) winner determined from among all eligible entries received for each Division. Winners will be determined by the following criteria: (i) Technical Quality (30 percent); (ii) Originality (30 percent); and (iii) Artistic Merit (40 percent) (the “Score”). Prizes will be awarded per the following prize schedule: One (1) Grand Prize to the highest Score from all divisions; One (1) Professional Prize to the highest Score from among all Professional Photographs; One (1) Amateur Prize to the highest Score from among all Amateur Photographs; one (1) Youth Prize to the highest Score from among all Youth Photographs. Limit: One (1) prize per person. The decisions of the judges and Sponsor will be final and binding in all matters. The winners will be confirmed by U.S. mail, e-mail, and/or telephone, and must meet all eligibility requirements, including, but not limited to, the timely execution and return of all necessary releases and documents (if any) required by Sponsor.
In the event of a tie, the Artistic Merit portion of the Score will be evaluated for each tied Photograph and ranked on a point scoring system of 1 to 10, (with 10 being the best score).
PRIZES: One (1) Grand Prize will be awarded of a Hurtigruten seven (7) day Northbound (Bergen-Kirkenes) or six (6) day Southbound (Kirkenes-Bergen) cruise for winner and one (1) guest. Trip includes a standard cabin for two (2), with three (3) meals per day and port taxes. Standard cabin will be assigned at the discretion of Hurtigruten based on space availability, excluding suite categories. Trip must be booked no sooner than 120 days and no later than 3 days prior to departure and taken between January 1, 2014 – March 31, 2014 or October 1, 2014 – March 15, 2015. Blackout dates include but are not limited to April 1, 2014 – September 30, 2014 and December 15 – 31, 2014. Other restrictions may apply. All other expenses, including, but not limited to, air transportation, baggage, shore excursions, accident or cancellation insurance, gratuities, items of a personal nature, alcoholic beverages, telephone and all other charges or costs associated with the use of the prize, and any documentation required for travel, are the sole responsibility of the winner to pay. The maximum Approximate Retail Value (“ARV”) of the Grand Prize is $5,634. The actual ARV is dependent on the trip that is selected by the grand prize winner.
One (1) Professional Prize will be awarded of four (4) nights’ Inkaterra accommodations for the winner and one (1) guest, and one (1) Tamron SP 90mm F/2.8 Di VC USD 1:1 Macro (model F004). Inkaterra trip includes 2-nights’ accommodations at Inkaterra Reserva Amazonica with full board, 2-nights’ accommodations at Inkaterra Machu Picchu Pueblo Hotel with half board (Breakfast Buffet and A-la-carte dinner), and daily excursions at Inkaterra Reserva Amazonica and Inkaterra Machu Picchu Pueblo Hotel. Trip is subject to availability, must be booked 30 days prior to arrival and taken between January 1, 2014 and December 31, 2014. Blackout dates, include but are not limited to, July 28 - 29, 2014 and December 23, 2014 – January 3, 2015, and other restrictions may apply. All other expenses, including, but not limited to, air transportation, baggage, accident, or cancellation insurance, gratuities, items of a personal nature, alcoholic beverages, telephone and all other charges or costs associated with the use of the prize, and any documentation required for travel, are the sole responsibility of the winner to pay. The ARV of the Professional Prize is $4,847.
One (1) Amateur Prize will be awarded of five (5) nights’ accommodations at The Lodge at Pico Bonito for the winner and one (1) guest including meals, ground transportation to/from La Ceiba airport/The Lodge and a guided rainforest hike along the Loop Trail, and one (1) Tamron 18-270mm Di II VC PZD (model B008). Trip is subject to availability and not valid during the Holiday Season as defined by The Lodge at Pico Bonito. Blackout dates apply. Trip must be booked by June 30, 2014. Trip must be taken by December 20, 2014. All other expenses, including, but not limited to, air transportation, rental car, baggage, accident, or cancellation insurance, gratuities, items of a personal nature, alcoholic beverages, telephone and all other charges or costs associated with the use of the prize, and any documentation required to travel, are the sole responsibility of the winner to pay. The ARV of the Amateur Prize is $2,732.
One (1) Youth Prize will be awarded of one (1) $200 B&H gift card. The ARV of the Youth Prize is $200.
The total maximum retail value of all prizes to be awarded is $13,413.
No substitution or transfer of prizes or cash redemptions permitted, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute for any reason whatsoever a prize (or portion thereof) of comparable or greater value, at their sole discretion. Winners are responsible for the reporting and payment of all taxes as well as any other costs and expenses associated with acceptance and use of their prize not specified herein as being awarded.
Gift cards are not redeemable for cash and will not be replaced if lost or stolen. Gift card usage is subject to the issuing company’s complete terms and conditions, including expiration dates.
PRIZE CONDITIONS: Winners will be required to sign an Affidavit of Eligibility and Release of Liability and Publicity (where allowable) and return same, properly executed, within ten (10) days of issuance of prize notification. Winners will be notified by phone or e-mail, and confirmed via US Mail or other form of home delivery on or about November 18, 2013. Noncompliance within this time period or failure of a potential winner to respond to a notification attempt within ten (10) days of such attempt may result in disqualification and, at Sponsor’s sole discretion, an alternate winner may be selected. If: (i) any prize or prize notification is returned as undeliverable, (ii) a potential winner declines his or her prize, or (iii) a potential winner fails to comply with any of the Official Rules as outlined herein, such potential winner will be disqualified and an alternate winner may be selected by the Judges. The judges will consider an alternate winner to be the entry with the next highest score. With respect to each participant’s Submission, participants hereby irrevocably grant Sponsor and Nature’s Best Photography a nonexclusive, worldwide, perpetual, royalty-free license to use the Photographs in any manner related to the Contest, including all associated reproduction, distribution, sublicense, derivative works and commercial and non-commercial exploitation rights in any and all media now known or hereafter invented, including, but not limited to: Audubon Magazine and all Audubon websites and blogs, Nature’s Best Photography Magazine and all Nature’s Best websites and blogs, any slideshows, brochures, newsletters, articles, calendars and publications related to the Contest; solicitations by Audubon for the Contest; promotions and communications in connection with the Contest; and physical and digital galleries and exhibitions of submissions for, and winners of, the Contest, including, but not limited to, exhibitions of Contest submissions and/or winners at the Smithsonian Institution or at Audubon Centers, Sanctuaries and offices.
Participants may be required to execute any documents necessary to perfect such rights in the Sponsor and Nature’s Best Photography. By entering this Contest and/or accepting the prize, entrant and/or winner agrees to, and hereby does, release the Contest Entities, its parent companies, subsidiaries, affiliates and divisions, and their respective directors, employees, officers and agents from any and all liability, loss or damage arising from or in connection with participation or attempt to participate in the Contest and/or the awarding, receipt, use or misuse of the prize or participation in any prize related activities, and claims based on publicity rights, defamation or invasion of privacy. The Contest Entities and their parent companies, subsidiaries, affiliates and divisions, and their respective directors, officers, employees, attorneys, representatives and agents make no warranties, and hereby disclaim all warranties, express or implied, concerning any prize furnished or awarded in connection with the Contest, including, but not limited to, any winner’s ability to claim a prize awarded in the Contest for reasons of the prize provider’s bankruptcy, insolvency or failure to continue its business. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE CONTEST ENTITIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NONINFRINGEMENT.
WINNER CONFIRMATION: You may obtain the name/city of residence of the winners by mailing a self-addressed stamped envelope to: 2013 Audubon Magazine Photography Awards – Winner’s List, P.O. Box 25466, Rochester, NY 14625. Requests received after December 13, 2013 will not be honored.
SPONSOR: National Audubon Society, Inc., 225 Varick Street, 7th Floor, New York, NY 10014