Sponsor is Carman’s Foto Source & Fairview Photo Lab, 257 Monteith Ave., Stratford, Ontario, and CA. N5A2P6 (from here on known as the “Sponsor”.
The 2016 Creative Captures Photo Contest begins July 1st, 2016 at 12:00:00 a.m. Eastern Time (“ET”) and ends August 31st, 2016, 11:59:00 p.m. Eastern Time ("ET") (the "Contest"). Information on how to enter, prizes, eligibility requirements, claiming of prizes, and regulations may be found in this document. ("Official Rules"). By submitting an entry, each entrant agrees to the Official Rules and warrants that his or her entry complies with all requirements set out in the Official Rules. This is a skill-based contest and chance plays no part in the determination of winners.
Contest is open only to individuals legally residing in Ontario, Canada, who have reached 18 years of age or older by the date of the contest start. Employees of Carman’s Foto Source, and its subsidiaries and affiliates, and their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they live) or persons living in the same households of such employees, whether or not related are not eligible. CONTEST IS VOID WHERE PROHIBITED BY LAW.
HOW TO ENTER
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE THE ODDS OF WINNING.
During the Contest Period, you must log onto http://www.carmans.com/photocontest and follow the instructions to complete the registration form, including your full name, valid e-mail address, complete mailing address, telephone number and other information requested. You will then upload your photo entry and click submit.
The category for entry is: Adventure (the “Category”). There is a limit of one entry per person. Each entry must comply with the following requirements (the “Photograph Requirements”).
Photographs must be in digital format. The photograph need not be taken with a digital camera; scans of negatives, transparencies, or photographic prints are acceptable. All digital files must be in JPEG or JPG format.
Photographs must have been taken within five (5) years before the date of entry and may not previously have won an award in any contest run by the Sponsor.
Only minor burning, dodging, and/or colour correction is acceptable, as is cropping. For more information, please read the photo contest guidelines. Any changes to the original Photograph not itemized here (including in the photo contest guidelines) are unacceptable and will render the Photograph ineligible for a prize.
Photographs that include sculptures, statues, paintings, and other works of art will be accepted as long as they do not constitute copyright infringement or fraud; provided entrants must be prepared to provide a release form as described below in "Release." When photographing the work of others, it must be as an object in its environment and not a full-frame close-up of another person's art.
The photograph, in its entirety, must be a single work of original material taken by the Contest entrant. By entering the Contest, entrant represents, acknowledges, and warrants that the submitted photograph is an original work created solely by the entrant, that the photograph does not infringe on the copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property rights of any person or entity, and that no other party has any right, title, claim, or interest in the photograph.
The photograph must not, in the sole and unfettered discretion of the Sponsor, contain obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content.
The caption must be complete and accurate, sufficient to convey the circumstances in which the photograph was taken. Disguising or misrepresenting the origin of your content is cause for disqualification.
Watermarks are permitted, as long as a copy free of watermarks is provided upon request by the Sponsor. If the Sponsor does not receive a non-watermarked version of the entry within ten (10) days following its request, the entry will be disqualified.
The entries in each Category will judged separately, in accordance with the Judging Criteria, as defined below. All entries must be submitted and received by August 31st 2016 at 11:59:00 p.m. ET. Proof of submission is not proof of receipt. Sponsor reserves the right to examine the original photograph/source material in order to confirm compliance with these rules.
If the photograph contains any material or elements that are not owned by the entrant and/or which are subject to the rights of third parties, and/or if any persons appear in the photograph, the entrant is responsible for obtaining, prior to submission of the photograph, any and all releases and consents necessary to permit the exhibition and use of the photograph in the manner set forth in these Official Rules without additional compensation. If any person appearing in any photograph is under the age of majority in their state/province/territory of residence the signature of a parent or legal guardian is required on each release.
Upon Sponsor's request, each entrant must be prepared to provide (within seven (7) calendar days of receipt of Sponsor's request) a signed release from all persons who appear in the photograph submitted, authorizing Sponsor and its licensees ("Authorized Parties") to reproduce, distribute, display, and create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known. Failure to provide such releases upon request may result in disqualification at any time during the Contest and selection of an alternate winner.
Similarly, upon Sponsor's request, each entrant must be prepared to provide (within seven (7) calendar days of receipt of Sponsor's request) a signed written license from the copyright owner of any sculpture, artwork, or other copyrighted material that appears in the photograph entry, authorizing any Authorized Party to reproduce, distribute, display, and create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known. Failure to provide such releases upon request may result in disqualification and selection of an alternate winner.
Finally, upon Sponsor's request, each entrant must be prepared to provide (within seven (7) calendar days of receipt of Sponsor's request) a signed written license from the owner of any private property included in the photograph entry, authorizing any Authorized Party to reproduce, distribute, display, and create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known. Failure to provide such releases upon request may result in disqualification and selection of an alternate winner.
For the purposes of these Official Rules, the entrant will be deemed to be in receipt of Sponsor's request or notification, (a) in the event that Sponsor sends the request by postal mail, five business days after the request was sent by Sponsor, or (b) in the event that the Sponsor sends the request by email, the day of the request being sent by the Sponsor.
Prize(s) have no cash value and are non-transferable. The Sponsor reserves the right to substitute a prize for one of equal or greater value at any time. The Sponsor will not replace any lost or stolen prizes.
The Grand Prize consists of one (1) ProMaster Rugged SDHC 16GB Memory Card, one (1) ProMaster Adventure Pack Camera Bag, one (1) ProMaster Travel 4 Tripod, one (1) Pioneer Photo Album and one (1) $50.00 Carman’s Gift Card. The Grand Prize is valued at $440.64.
GRAND NOTIFICATION OF WINNERS
Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Potential winners will be notified by e-mail on the day of September 30th 2016. If a potential winner cannot be contacted within five (5) business days, is ineligible, and/or fails to claim a prize, such potential winner forfeits the prize. In the event that the potential Grand Prize winner is disqualified for any reason, the Sponsors’ will award the Grand Prize to an alternate winner selected from remaining valid, eligible entries timely submitted. Only three (3) alternate winners will be selected after which the Grand Prize will remain un-awarded. In the event of a dispute regarding the identity of a prize winner, the entry will be deemed submitted by the Authorized Account Holder of the e-mail account specified in the entry. "Authorized Account Holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online 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.
GRAND PRIZE CLAIMING
Following confirmation as a Grand Prize winner in accordance with the contest’s Official Rules, the Grand Prize winner will be given instructions and a deadline via email as to where and when they must claim the Grand Prize. The Grand Prize must be claimed in person and the Prize Winner must provide valid identification upon the time of claiming. In order to claim the Grand Prize, the Prize Winner must answer a mathematical skill-testing question correctly. Failure to answer the mathematical skill-testing question correctly will result in ineligibility. Potential winners who fail either to claim the Grand Prize, or inform the Sponsors’ of his/her inability to claim the Grand Prize before the deadline, as instructed, will forfeit the Grand Prize.
Potential winners shall be required to sign a Prize Claim and Declaration & Release Form, a Liability Release, and where legally permissible, a Publicity Release and Warranty of Ownership and License in which the entrant warrants that he/she is the owner of the photograph (and all the intellectual property rights in the photograph submitted) and grants to Sponsor and its licensees the irrevocable, perpetual, worldwide non-exclusive license to reproduce, distribute, display, and create derivative works of the entry (along with a name credit) in connection with the Contest and promotion of the Contest without additional compensation. Failure to sign any required documents by the specified deadline may result in disqualification from the Contest, and selection of an alternate potential winner. NONCOMPLIANCE OR RETURN OF PRIZE NOTIFICATION AS UNDELIVERABLE, WHETHER BY REGULAR MAIL OR BY EMAIL, MAY RESULT IN DISQUALIFICATION AND SELECTION OF AN ALTERNATE POTENTIAL WINNER..
The Contest consists of two (2) rounds of evaluation. In the first round of evaluation, all eligible entries in the Category will be divided randomly and evenly among the five (5) judges in a panel of photographic experts (at least one of whom will be independent of Sponsor) (“Judges”) and the judges will score these entries based on the following criteria (the “Judging Criteria”): (1) Composition; (2) Technical Excellence; (3) Creativity/Artistic Merit; (4) Relevance/Interpretation of Theme. For the second round of evaluation, the top ten (10) overall best-scored entries will be resubmitted to all judges and scored based on the following additional criteria: (5) Overall Impression/Impact. The overall highest scored entry will be declared the winner. In the event of a tie, the tied entries will be re-submitted to the judges for a re-judging between the tied entries alone. In the event that a tie remains after re-judging, the entry with the highest score in creativity criteria will be declared the winner. Winners will be chosen on or around September 30th 2016, and notified by email. Decisions of the judges are final and binding.
By entering the Contest, all entrants grant an irrevocable, perpetual, worldwide non-exclusive license to the Sponsor and Authorized Parties, to reproduce, distribute, display and create derivative works of the entries (along with a name credit) in connection with the Contest and promotion of the Contest, in any media now or hereafter known. Entrants consent to the Sponsor doing or omitting to do any act that would otherwise infringe the entrant's "moral rights" in their entries. Display or publication of any entry on an Authorized Party's website does not indicate the entrant will be selected as a winner. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use. Additionally, by entering, each entrant grants to Authorized Parties the unrestricted right to use all statements made in connection with the Contest, and pictures or likenesses of Contest entrants, or choose not to do so, at their sole discretion. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use.
LIMITATION OF LIABILITY
By entering this Contest, all entrants agree to release, discharge, and hold harmless Carman’s Foto Source & Fairview Photo Lab and its partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives from any claims, losses, and damages arising out of their participation in this Contest or any Contest-related activities and the acceptance and use, misuse, or possession of any prize awarded hereunder.
Carman’s Foto Source & Fairview Photo Lab assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to Contest entries or entry forms; or alteration of entries or entry forms. Carman’s Foto Source & Fairview Photo Lab is not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email entry to be received on account of technical problems or traffic congestion on the Internet or at any website, human errors of any kind, or any combination thereof, including any injury or damage to entrants' or any other persons' computers related to or resulting from participation, uploading or downloading of any materials related to in this Contest.
THIS CONTEST IS VOID WHERE PROHIBITED.
By entering, entrants agree (a) to be bound by these Official Rules; (b) that the decisions of the Judges are final and binding with respect to all matters relating to the Contest; and (c) if the entrant wins that Sponsor may use the winning photographs and each winner's name, photograph, likeness, and/or voice in any publicity or advertising relating to the Contest or future promotions without compensation or approval (except where prohibited by law). All federal, state/provincial/territorial, and local taxes, fees and surcharges and taxes (whether foreign or domestic, and including income, sales, and import taxes) on prizes are the sole responsibility of the prize winners. In the event that the selected winner(s) of any prize is/are ineligible, cannot be traced or does/do not respond within five (5) days to a winner notification as required by the "Contest Prizes" Rules above, or refuses the prize, the prize will be forfeited and Sponsor, in its sole discretion, may choose whether to award the prize to another entrant.
The Sponsor reserves the right to verify the validity and originality of any entry and/or entrant (including an entrant's identity and address) and to disqualify any entrant who submits an entry that is not in accordance with these Official Rules or who tampers with the entry process. Failure by the Sponsor to enforce any of its rights at any stage does not constitute a waiver of those rights.
RIGHT TO CANCEL OR SUSPEND CONTEST
If for any reason the Contest is not capable of running as planned, due to infection by computer virus, bugs, worms, trojan horses, denial of service attacks, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Carman’s Foto Source & Fairview Photo Lab that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Carman’s Foto Source & Fairview Photo Lab reserves the right, at its sole discretion, to disqualify any individual(s) who tamper with the entry process, and/or to cancel, terminate, modify, or suspend the Contest. If Sponsor elects to cancel or terminate the Contest, Sponsor will not retain any rights in the submitted photographs.
By entering the Contest and voluntarily providing personal information including, but not limited to, name, address, city, email address, home and office telephone numbers (the “Registrant Information”) each Contest entrant grants permission to the Contest Sponsors’ to collection and use of the Registrant Information. Except to the extent restricted by applicable law, by participating in the Sweepstakes, entrants hereby agree to Sponsor’s collection and use of their personal data and acknowledge that they have read and accepted these Official Rules. Unless expressly agreed to, personal data will only be used for the purpose of administering the contest and notifying entrants if they have been selected as an eligible prize winner. Such data will not be misused, and will be stored only with the Sponsor for the purposes identified in these Official Rules.