By entering The Dallas Morning News Amateur Photographer of the Year Awards 2014 (Competition), you consent to be bound by these Official Competition Rules (Official Rules). Accordingly, you should read the Official Rules carefully before entering the Competition.
The Competition’s sponsors are The Dallas Morning News, Inc. (DMN), Picturk Limited (Picturk), and any other named sponsor announced during the Competition Period (collectively, Sponsors).
The Competition is open to all amateur photographers who are legal residents of the United States of America and are at least eighteen (18) years of age or have attained the age of majority in their state of residence at the time of entry. An amateur is a photographer who makes less than 15% of their annual income, or less than $3,500, whichever is lower, from the practice of photography. The Competition’s entrants (including, without limitation, you) are sometimes hereinafter referred to as Entrant or Entrants.
Void where prohibited by law. Employees, temporary employees, independent contractors, interns and their immediate family (spouse, parent, child, sibling and their respective spouses or 'step' of each) of Competition Sponsors, and each of their corporate affiliates, advertising and promotional agencies, are not eligible.
Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Competition Sponsors’ decisions, which are final and binding in all matters related to the Competition. Entries have no value and an entry does not entitle an Entrant to any compensation of any type or kind. Limit of twenty-seven (27) photographs per person can be entered with no more than three (3) photographs entered in each award category. The Competition’s award categories are sometimes hereinafter referred to as Category or Categories.
3. Competition Period:
The Competition will begin at 12:00a.m. Central Time on October 21, 2014 and ends at 12:00p.m. Central Time on December 28, 2014 (the "Competition Period"). All entries must be received by December 28, 2014 ("Entry Deadline Date"). The sole determinant of time for the purposes of the Competition will be when the entry is received by the server at www.dallasnews.com/photographer ("Competition Site").
4. How to Enter and Categories:
- To enter the Competition, Entrant must sign-in to the Competition Site. This can be done by creating a new user account or through an existing account with Facebook, Google, Yahoo!, Twitter, Flickr, or Picturk.
- After signing in, Entrant must submit the photograph entry or entries with a caption. Photographs should be no smaller than 900 pixels on the shortest side and no greater than 4,800 pixels on the longest side. Some examples include:
- 3:2 ratio landscape image, width 4,800 x height 3,200.
- 2:3 ratio portrait image, width 3,200 x height 4,800.
- 1:1 ratio square image, width 4,800 x 4,800.
- In submitting a photograph, Entrant must select a Competition Category. Entrant can enter a maximum of three (3) photographs in each Competition Category for a total maximum of twenty-seven (27) photographs in the Competition. The same photograph cannot be entered in more than one Category. This includes altered and unaltered images. Submission of more than the permissible number of entries per Category or overall in the Competition will result in disqualification.
- Categories: Judges are looking for photographers who demonstrate a keen eye, and images that have impact, originality, and creativity. Photographers will be able to enter photographs under nine different Categories listed below. For a complete description of the Categories click here.
- Entries must be uploaded online at the Competition Site along with the following information:
- Entrant name, telephone number, mailing address and email address; and
- A description of the entered photograph(s).
- An entrance fee is required to enter the Competition. Entrance fees are calculated per Category (with up to three entries permitted for each Category) as follows:
- $20 One Category
- $34 Two Categories
- $48 Three Categories
- $58 Four Categories
- $68 Five Categories
- $76 Six Categories
- $84 Seven Categories
- $90 Eight Categories
- $96 Nine Categories
- Upon successful upload of the photograph(s), entry of the required information and payment, the Entrant will be provided an entry receipt.
- To be eligible, an entry must be the Entrant’s original photo and may not have won a prize in another competition. In connection with your submission, you agree, represent and warrant that (i) you own or have the necessary licenses, rights, consents and permissions to use and authorize Sponsors to use all copyright, trademark or other proprietary rights in and to your Entries to enable inclusion and use in the manner contemplated by these Official Rules; (ii) you have the written consent, release and/or permission of each and every identifiable individual person in the Entries to use their name or likeness to enable inclusion and use of the Entries in the matter contemplated by these Official Rules; and (iii) your Entries do not infringe or violate any trademark, copyright, publicity right, privacy or any other right of any other person or entity, under any applicable law. Sponsors reserve the right to reject and disqualify any submissions that could be offensive or inappropriate or that do not meet the terms and conditions of these Official Rules.
- All imagery must be the total and exclusive work of the Entrant and may not include any element that is the copyright of another.
- Entrants may make reasonable use of digital darkroom type techniques which enhance quality but do not distort the photograph. Only minor burning, dodging and/or color correction is acceptable, as is cropping. High dynamic range images (HDR) and stitches panorama are ONLY acceptable within the color, and travel Category. Any changes to the original Photograph not itemized here are unacceptable and will render the Photograph ineligible for a prize – the color, and travel categories are exempt from this rule.
- When a photograph is submitted and entry finalized, the entry cannot be changed or edited.
- Sponsors are not liable for any lost, late, misdirected, illegible or stolen entries or inability to process entries, or any errors, damage or negligence that may arise in connection with this Competition, including computer, online, telephone or technical malfunctions, failures on the Competition Site or software, viruses, website disruptions, malfunctions or website down-time, human error or property damage incurred by any Entrant. Sponsors are not responsible for any errors or omissions in printing or advertising this Competition. Use of any automated system including robotic or form filling software to enter or participate in this Competition is prohibited and will result in disqualification of all entries by anyone using such assistance.
- If you choose to use a mobile device when you enter, then depending on the carrier, charges may apply. If you submit an entry via mobile device, then you agree to receive messages via mobile device relating to the Competition, which may also result in charges.
5. Judging and Notification:
- Entries will be judged by the Competition’s judging panel, who will select (i) the "Best Photograph" prize, (ii) the "Best Photographer" prize (based on the body of submitted work), and (iii) the first prize winner of each of nine (9) categories (collectively, prize winners "Winner" or "Winners"). The decisions of the Competition judges are final in respect of any matter relating to this Competition.
- DMN will also periodically select (i) a "Featured Photograph" and publish it on www.dallasnews.com, and (ii) a Featured Photograph to publish in the print edition of The Dallas Morning News. The decisions of DMN are final in respect of any matter relating to this Competition.
- The potential Winners will be contacted by telephone or email between 9:00 a.m. and 5:00 p.m. CST on or about January 16, 2015 by a representative of the Sponsors, and must reply within 48 hours to maintain eligibility. If a potential Winner cannot be contacted within this time period or fails to respond to any attempted contact, or if s/he cannot accept or receive the prize for any reason, or s/he is not in compliance with these Official Rules, such potential Winner will be disqualified, his/her entry will be declared null and void, the prize will be forfeited, and the Competition judges reserve the right, in their sole and absolute discretion, to select another potential Winner based on the judging criteria, in which event these provisions shall apply to such other eligible entry.
- If a dispute arises regarding who submitted an online entry, the entry will be deemed to be submitted by the authorized account holder of the email address or online account provided at time of entry. Authorized account holder is the natural person who is assigned to an email address or online account by the organization responsible for those assignments.
6. Grant of Rights to Competition Materials:
Your photograph entries, name, and all other information and materials you submit to or for the Competition are hereinafter referred to as the "Competition Materials." By entering, competing in, or otherwise participating in the Competition, you hereby:
- grant DMN an irrevocable, non-exclusive, royalty-free, fully-paid, transferable, sub-licensable, perpetual, and universe-wide license for DMN to host, store, reproduce, transmit, distribute, sell, resell, license, sublicense, market, modify, adapt, create derivative works, communicate, publish, syndicate, publicly perform, publicly display, and otherwise use or exploit the Competition Materials (including without limitation your name, likeness, voice, and biographical information), in whole or in part, in any manner, medium, or form, whether now known or hereinafter devised, as DMN sees fit in its sole discretion;
- grant DMN permission to contact you via email, mail, text or telephone during and after the Competition for marketing and other business purposes;
- grant Picturk an irrevocable, non-exclusive, royalty-free, fully-paid, transferable, sub-licensable, and universe-wide license for the duration of the Competition and for a reasonable amount of time thereafter to use the Competition Materials as reasonably necessary for Picturk to conduct the Competition and operate the Site;
- grant Picturk an irrevocable, non-exclusive, royalty-free, fully-paid, transferable, sub-licensable, perpetual, and universe-wide license to publicly display a low resolution image (i.e., no larger than 990 pixels x 660 pixels) of your photograph entry/entries on Picturk’s website and online social media pages for the purpose of promoting Picturk’s business and services, and to use your name for the limited purpose of crediting you as the author or owner of said photographs in connection with said public displays; and
- grant Picturk permission to contact you after the end of the Competition for the following purposes: (1) to provide you with information about competitions which Picturk may offer in the future; and (2) to relay to you unsolicited third party offers to purchase copies of your photograph entry/entries.
7. Representations, Warranties and Covenants Regarding Competition Materials:
You represent, warrant, and covenant to Sponsors that: (a) you are the exclusive owner of all rights, titles, and interests in and to the Competition Materials (including, without limitation, all copyrights, trademarks, rights of publicity, and rights of privacy), and, if applicable, have secured all necessary rights and permissions from any subjects depicted in, and/or persons and entities who contributed to, the Competition Materials to allow for your performance or grant of rights hereunder; (b) the Competition Materials are wholly original to you; (c) the Competition Materials do not and will not infringe upon or otherwise violate the proprietary, publicity, or privacy rights of any person or entity; (d) the Competition Materials do not and will not defame, disparage, embarrass, or disclose confidential, private, or personal information about or belonging to any person or entity; (e) nothing contained in the Competition Materials is or will be, or contains or will contain links to material that is, profane, indecent, obscene, threatening, abusive, illegal, false, misleading, or any form of spam, malware, virus, bug, bot, spyware, or other malicious or tracking technology; (f) Sponsors are not required to seek the permission of or compensate any third party to exercise any of the rights granted by you; and (g) no obligation, disability, agreement, or adverse claim exists that may restrict your performance or grant of rights hereunder.
8. Description of Prizes:
There will be 2 cash prizes: $1500 will be awarded to the Best Photograph Winner, and $1500 will be awarded to the Best Photographer Winner. Nine (9) additional prizes will be awarded from Competitive Camera as follows:
- One (1) prize for "Best Photographer" with average retail value: $1000
- One (1) prize for "Best Photograph" with average retail value: $1000
- One (1) first prize for "Simply Texas Category" with average retail value: $300
- One (1) first prize for "Travel Category" with average retail value: $300
- One (1) first prize for "Portrait Category" with average retail value: $300
- One (1) first prize for "Black & White Category" with average retail value: $300
- One (1) first prize for "Mobile Category" with average retail value: $300
- One (1) first prize for "Sport Category" with average retail value: $300
- One (1) first prize for "Nature Category" with average retail value: $300
- One (1) first prize for "Street Category" with average retail value: $300
- One (1) first prize for "Color Category" with average retail value: $300
As noted above, DMN will periodically select (i) a Featured Photograph and publish it on www.dallasnews.com, and (ii) a Featured Photograph to publish in the print edition of The Dallas Morning News. The publications of Featured Photographs will include the entrant’s name. There is no associated average retail value for the selection or publication of Featured Photographs.
All prizes must be accepted as awarded, are non-transferable and are not convertible to cash. The Sponsors reserve the right to substitute any prize or portion of the prize with a prize of equal or greater value. All prizes are awarded as-is and no warranties or guarantees are implied or expressed.
Winners may claim their prize on or after the winners reception at a location and date to be announced, no later than January 31, 2015. If a Winner elects not to pick up his/her prize at the reception, then his/her prize may be shipped. Shipped prizes will be shipped to the address indicated on each Winners’ entry and shall not be insured. The Sponsors shall not assume any liability for lost, damaged or misdirected prizes.
The Winners’ photos may be published on www.dallasnews.com and/or the print edition of The Dallas Morning News.
9. GENERAL CONDITIONS:
- Each potential Winner must execute and provide to Sponsors within 72 hours of notification an Affidavit: (1) attesting to the Winner’s Eligibility and compliance with the Official Rules; (2) providing a Liability Release that releases the Sponsors and other relevant parties from any liability arising out of the Competition; (3) a Publicity Release, allowing Sponsors to use the Winner’s name, likeness, voice and biographical information for publicity purposes; and (4) license of Competition Materials. Winner must attach to the Affidavit the written consent, release and/or permission of each and every identifiable individual person in the winning photograph to use their name or likeness, allow inclusion in the Competition, and use of the photograph. At Sponsors’ sole discretion, non-compliance within this time period may result in disqualification and selection of an alternate winner. The Winner also will be required to provide any other information needed by Sponsors to comply with applicable laws and regulations, including those relating to the payment of income taxes. By accepting a prize, a Winner grants Sponsors permission for the use of his/her name, voice, likeness and biographical information for advertising and promotional purposes without additional compensation, except where prohibited by law.
- Sponsors reserve the right, exercisable upon their sole discretion, to disqualify any individual found to have (1) violated these Official Rules; (2) interfered with the entry process or the operation of the Competition; (3) altered or attempted to alter the outcome of the Competition; (4) violated any law or regulation by participating in the Competition; or (5) fraudulently completed the entry or provided other false information to Sponsors.
- Sponsors are under no obligation to use or return any Competition Materials.
- All taxes, fees, assessments, title and registration fees, insurance, and like charges, associated with the receipt or use of a prize are the sole responsibility of the Winner. The value of the prize is based upon good faith estimates by Sponsors as of the date the Competition was commenced. Sponsors assume no responsibility for changes in market conditions that may impact the value of a prize. There is no guaranty that the Internal Revenue Service, or its counterpart in any state’s jurisdiction, will accept the estimated value of any prize for purposes of determining any tax that may be due by the Winner.
- IN NO EVENT WILL PICTURK, DMN, ANY OTHER SPONSORS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, TRANSFEREES, AND PERMITTED LICENSEES (COLLECTIVELY, "RELEASED PARTIES"), BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, STATUTORY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION THOSE FROM AND AGAINST ALL CLAIMS THAT YOU HAVE OR MAY HAVE AGAINST THEM FOR INFRINGEMENT, VIOLATION OF THE RIGHTS OF PRIVACY OR PUBLICITY, DEFAMATION, DISPARAGEMENT, PERSONAL INJURY, PROPERTY DAMAGES, NEGLIGENCE, OR ANY OTHER LEGAL THEORY ARISING FROM OR IN CONNECTION WITH THE RIGHTS AND PRIVILEGES GRANTED OR CONVEYED BY YOU, YOUR PARTICIPATION IN THE COMPETITION, THE COMPETITION MATERIALS, OR ANY ELEMENTS OR DERIVATIVES OF THE FOREGOING. FURTHER, YOU WAIVE YOUR RIGHT TO, AND IN NO EVENT SHALL YOU SEEK TO, ENJOIN RELEASED PARTIES, OR ANY EXERCISE OF THE RIGHTS OR PRIVILEGES GRANTED OR CONVEYED BY YOU (INCLUDING, WITHOUT LIMITATION, TO THE COMPETITION MATERIALS).
- WITHOUT LIMITING THE FOREGOING, WITH RESPECT TO THE COMPETITION AND TO THE PRIZE, THE RELEASED PARTIES MAKE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- ENTRANTS HEREBY FULLY RELEASE THE RELEASED PARTIES FROM ANY AND ALL LIABILITY CAUSED BY OR RESULTING FROM THE USE OR POSSESSION OF ANY PRIZE AWARDED OR CAUSED BY OR RESULTING FROM PARTICIPATION IN THE COMPETITION OR ANY RELATED PROMOTION.
- YOU SHALL INDEMNIFY, RELEASE, AND HOLD HARMLESS RELEASED PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, SUITS, DEMANDS, PROCEEDINGS, JUDGMENTS, AND OTHER ACTIONS BROUGHT BY THIRD PARTIES AGAINST SAID INDEMNITEES, TOGETHER WITH ANY DAMAGES, FINES, PENALTIES AND EXPENSES (INCLUDING REASONABLE COSTS AND OUTSIDE ATTORNEYS’ FEES) INCURRED BY SAID INDEMNITIES WHICH ARE THE RESULT OF ANY ACT, OMISSION, OR ERROR OF YOU OR YOUR AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS, TRANSFEREES, OR PERMITTED LICENSEES IN CONNECTION WITH THE BREACH OF ANY OF THE REPRESENTATIONS, WARRANTIES, AND/OR COVENANTS SET FORTH IN SECTION 7 ABOVE AND ANY THIRD PARTIES ALLEGING THAT THE COMPETITION INCLUDES OBSCENITY, LIBEL, SLANDER, OR INFRINGES UPON THE THIRD PARTY'S INTELLECTUAL PROPERTY OR PRIVACY RIGHTS, AS A DIRECT RESULT OF YOUR ACTIONS IN CONNECTION WITH THE COMPETITION.
The Sponsors may, in their sole discretion, prohibit any person from entering the Competition whom they believe to be abusing the rules. Such abuse includes entering false information.
12. Winner List:
A list of all Winners and a selection of winning photographs will be posted on www.dallasnews.com and published in the print edition of The Dallas Morning News. Official Rules and the names of the Winners may be obtained by sending a self-addressed, stamped envelope to: The Dallas Morning News, 508 Young Street, Dallas, Texas 75202. Indicate "The Dallas Morning News Amateur Photographer of the Year Awards 2014" on the outside of the envelope as applicable. Limit one (1) request per envelope. The request must include the name of the Competition.
13. Dispute Resolution:
The Competition, these Official Rules, the entire relationship between you and Sponsors, and any legal proceeding relating to or arising therefrom whether based on contract, tort, law or equity ("Claims"), shall be governed by, construed in accordance with, and enforced pursuant to, the laws of the State of Texas, without regard to its conflict of laws principles. All such Claims will be litigated exclusively in the federal or state courts of Dallas County, Texas. The parties consent to personal jurisdiction in Dallas County, Texas and hereby waive any challenge to venue and personal jurisdiction they may have to a lawsuit filed in a state or federal court in Dallas County, Texas. By entering the Competition, you agree that you will not commence or participate in any class action litigation, or join with any other person in a legal proceeding, concerning any Claims.
14. Amendment of Rules:
If, for any reason, the administration, security, fairness, or integrity of the Competition has been compromised, Sponsors reserve the right, exercisable at their sole discretion, to cancel, terminate, modify or suspend the Competition. The Official Rules, including the date(s) the potential Winners are announced, may be amended by Sponsors in their sole discretion. Amendments will be posted at the Competition Site. Unless otherwise specified, any amendments will become effective at 12:00:01 a.m. CT on the day after they are posted.
15. Not Endorsed by Facebook:
By participating in this Competition, you agree that it is in no way sponsored, endorsed or administered by, or associated with Facebook and release Facebook from any and all liability arising from or related to this Competition.