THE DWELL® AND BLURB 2011 “WORLD VIEWS” PHOTO SUBMISSION CONTEST OFFICIAL RULES
No Purchase Necessary to Enter or Win.
The following are the official rules for the Dwell and Blurb 2011 “World Views” Photo Submission Contest (“Contest”):
1. Sponsors: The Contest is sponsored by Dwell Media LLC (“Dwell”), located at 550 Kearny Street, Suite 710, San Francisco, CA 94108 and Blurb Inc (“Blurb”) located at 580 California St, San Francisco, CA 94104 (together “Sponsors”).
2. Eligibility: Any individual who enters the Contest must be at least eighteen (18) years of age. The Contest is subject to all applicable federal, state and local laws and regulations, and is void where prohibited by law. Employees of Sponsors and their immediate families (spouse, parent, sibling, child, and spouse of any of the foregoing) and those living in their immediate households, whether or not related, are not eligible to enter the Contest or to win the prize.
3. Contest Challenge: In the last page of the Dwell Magazine May 2011 issue we unveiled the view from the Dwell office in downtown San Francisco. Together with co-Sponsor Blurb, we in turn challenge you to submit a photograph of your own “view in the modern world.” At the end of the Contest, we will select the best submissions for a photograph book curated by Dwell and produced by Blurb.
4. Entry Period: The entry period for the Contest begins at 3 p.m. PST on Friday April 1, 2011 and ends at 11:59 p.m. PST on Sunday, May 15, 2011 (“Entry Period”). Entries will be accepted at www.dwell.com/contests/world-views-photo-contest. Entries received before or after the Entry Period will not be considered.
5. How to Enter: To enter, go to dwell.com/photo-contest during the Entry Period and follow the instructions to submit entry information. A complete entry consists of all of the following: (1) a completed entry form available at dwell.com/photo-contest; (2) one photograph (submitted in .jpeg or .png format) of your view; and (3) a brief description explaining your view and image (all three parts, collectively, the “Submission”). Each entrant may submit only one entry. If multiple entries are discovered to have been submitted by the same entrant, then only the first entry submitted will be considered. All Submissions must be submitted via dwell.com/photo-contest. Mailed or hard copy Submissions will not be accepted. Incomplete Submissions and Submissions not in the specified formats will be void. Submissions must be received during the Entry Period to be considered. Proof of entry will not be deemed to be proof of receipt by Sponsors.
6. Rights Definition: As used in these Official Rules, the term “Rights” shall mean rights of copyright, patent rights, trademark and service mark rights, publicity rights, trade secret rights, character rights, rights in routines, trade dress rights, and all other proprietary rights of any kind whatsoever, together with any and all applications, registrations, renewal and extension rights, and rights to sue for any past, present, or future infringement or violation.
7. Originality of Submissions: Each entrant must have all Rights in and to his or her Submission as of the time of entry to the Contest. By entering a Submission, each entrant represents and warrants that: (a) the entrant is the exclusive owner of the Rights related to the Submission to: (i) enter such Submission in this Contest; and (ii) to grant to Sponsors all rights necessary to use the Submission in the Contest and as provided in these Rules; and (b) no other person or entity is entitled to any payment for the use of the Submission. A Submission must not have been, and may not be, entered in any other Contest or previously published. Modifying, enhancing or altering a third party’s preexisting work does not qualify as an entrant’s original creation. Each entrant agrees to indemnify and hold harmless Sponsors from and against all claims or damages arising out of the use of such entrant’s Submission. Sponsors reserve the right to void and/or disqualify any Submission if it is found in Sponsors’ sole discretion to be inconsistent with the above representations and warranties, plagiarized, copied, or fraudulent, to infringe upon existing Rights of others, or to be incomplete, damaged, obscene, vulgar, offensive or otherwise unsuitable for any reason.
8. Sponsors’ Ownership of Submissions: Each Submission becomes the exclusive property of Sponsors, and the contents, images, concepts and ideas embodied therein may be used by Sponsors for commercial, marketing and other promotional purposes. By entering a Submission, each entrant hereby irrevocably assigns to Sponsors all right, title and interest in and to the Submission and its contents, and agrees that Sponsors may use, reproduce, display, and distribute such Submission and its contents, without any compensation to or acknowledgment of the entrant (other than the prize, as set forth in these Official Rules). By entering a Submission, each entrant consents to the potential use of their entry in a photograph book to be co-produced and sold by Sponsors. Each entrant agrees that they will not receive any compensation even if Sponsors profit from the sales of the photography book.
9. Right to Use Name, Likeness, and Other Identifying Information: By entering a Submission, each entrant hereby irrevocably consents to the display, performance, and other use by Sponsors and its successors and assigns of his/her name; image; likeness; voice; Submission; biographical information; statements and quotes; stories and anecdotes provided; all of his/her other personal or commercial attributes or identifying features for any purposes related to this Contest. All entrants, winning and non-winning hereby waive any and all rights of publicity and rights of privacy associated with Sponsors’ use of a Likeness. Winning entrants shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of a Likeness. The rights granted under this paragraph are without compensation or notification to the entrant of any kind, except as required by law, and shall extend to all Submissions, all other materials submitted by entrant, and all other materials developed in connection with the Contest, regardless of whether they are developed by the entrant or another person or entity.
10. Sponsors’ Control over Submissions; Background Check: Each Submission must be in good taste and consistent with Sponsors’ positive images and may not be offensive or inappropriate, as determined by Sponsors in their sole discretion. No Submission may infringe or otherwise violate the Rights or privacy of any person (living or deceased) or entity. All entrants and Submissions are subject to verification by Sponsors. Sponsors reserve the right to conduct background checks on any or all entrants, which may include, without limitation, civil, criminal, employment, education, and financial background checks. Sponsors reserve the right to disqualify any entrant based on such background checks if Sponsors determine in their sole discretion that awarding a prize to any such entrant might reflect negatively on Sponsors. Entrants will cooperate with Sponsors and their respective representatives in connection with any and all verification and background check activities, including, without limitation, signing and delivering background check authorizations.
11. Judging: Contest judges will consist of a panel appointed by Dwell. From approximately Monday May 16, 2011 through Sunday May 22, 2011, the judges will review all Submissions and select the best entries (the total number is at the discretion of Dwell and the judging panel) to appear in the book co-produced by Sponsors. The judges will use the following criteria, each weighted in equal percentages: (i) adherence to Contest requirements and rules; (ii) originality and ingenuity in capturing a photograph of one’s “view in the modern world;” (iii) quality of the photograph; and (iv) overall caliber of the Submission (together, the “Judging Criteria”). From the entries, one grand prize winner and two runners up will be selected. Judges will also choose a selection of noteworthy entries to appear with the grand prize winner and runners up in a photo book produced by the Sponsors. All entrants will receive who appear in the photo book will receive photo credit and recognition. Purchase of any product or service offered by Sponsors will not improve chances of winning or appearing in the book.
12. Winner Selection and Announcement: The potential winners will be notified by Dwell via e-mail and telephone, between Wednesday, June 1, 2011 and Sunday, June 5, 2011. If any potential winner chooses not to accept the prize, or does not respond between June 1, 2011 and June 5, 2011 to three separate attempts by Dwell to reach the potential winner, then the entrant will forfeit their prize. Sponsors are not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify the potential winner. As a condition to being selected as the winner of the Contest, the potential winners will be required to execute a winner’s agreement (the “Winner’s Agreement”) within seven (7) days after being notified of their selection as a potential winner. The Winner’s Agreement will contain, among other things, an affidavit of eligibility, releases, provisions concerning the prize, the way in which the prize will be provided, a privacy waiver, and the winner’s assignment to Sponsors of all of the Rights related to any materials, items, or information developed in connection with the prize. The winners will be announced on Dwell.com no later than ten (10) days after the winners are selected and have responded to Dwell’s winner notification. The non-winning entrants whose photographs are also selected for inclusion in the book will be notified by [date], and will also be required to sign documentation regarding the inclusion of their photographs in the book.
13. Prize: In addition to the recognition and publicity that comes with being featured on dwell.com, awarded credit in a photo book to be produced by the Sponsors and unveiled at LA Design Week and Dwell on Design® 2011, the grand prize winner will receive a $250 gift certificate to Blurb.com, a year’s subscription to Dwell, and two vouchers for free admission to Dwell on Design (if relevant). The two runners up will each receive a $100 gift certificate to Blurb.com. All entrants selected by judges to appear in the photo book produced by Sponsors will receive photo credit and the recognition and publicity that comes with being featured on dwell.com and in the photo book.
14. Additional Prize Conditions: The prize is not transferable, assignable, or redeemable for cash. No cash redemption and no prize substitution are permitted, except by Sponsors who reserve the right to change or replace the prize with a prize of comparable or greater value at any time.
15. Taxes and Documentation: All federal, state, and local taxes on the monetary value of the prizes are the sole responsibility of the winners. If necessary, Sponsors will file a 1099 tax statement with the IRS. The winners will be required to sign a W-9 form and Winner’s Agreement; and failure to do so will result in forfeiture of the prize.
16. General Conditions: By participating in the Contest, entrants agree to abide by the terms of these Official Rules and by the decisions of the Sponsors and the judges, which will be final and binding on all matters pertaining to this Contest. Should there be a dispute regarding who may have entered a Submission, that Submission will be deemed to have been made by the authorized holder of the e-mail account at the time the Submission was made. The authorized account holder is deemed as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. By participating in the Contest, entrants release, acquit, and forever discharge Sponsors (and Sponsors’ affiliates and subsidiaries) and its officers, directors, employees, agents, successors and assigns (collectively, the “Released Parties”) from any and all manner of action or actions, suits, claims, damages, judgments, levies and executions, whether known or unknown, liquidated or unliquidated, fixed, contingent, direct or indirect, which an entrant and his or her successors and assigns ever had, has, or may have, or claim to have against the Released Parties, for, upon, or by reason of any matter, act, or thing relating to the Contest. Sponsors may modify, suspend, or terminate the Contest at any time, and for any reason that they may determine in its sole discretion. Sponsors reserve the right in their sole discretion to disqualify any entrant, and remove such entrant’s Submission from the Contest, who tampers with the entry process or the operation of the Contest or who acts in violation of these Official Rules. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
17. Privacy Policies: In addition to the usage rights described in these Official Rules, by entering the Contest, entrants agree and consent that any information provided upon entering may be used by Sponsors in accordance with its Privacy Policy located at dwell.com/privacy and blurb.com/privacy
18. Disputes/Choice of Law: Each entrant agrees that the Contest shall be governed by the laws of the State of California and: (1) any and all disputes, claims and causes of action arising out of or connected with the Contest shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, “Special Damages”); and (4) each entrant hereby waives all rights to claim Special Damages. Under no circumstances shall Sponsors’ aggregate liability to any entrant of the Contest exceed One Dollar ($1.00).
19. Winner’s List: To request the names of the winners, send a self-addressed postage-stamped envelope to Dwell Media LLC, "Dwell and Blurb World Views Photo Contest”, attn Ralston O’Neill, 550 Kearny Street, Suite 710, San Francisco, CA 94108. Requests must be received prior to July 1, 2012.
