2. HOW TO ENTER: ENTRY REQUIREMENTS FOR PHOTO SUBMISSIONS: To enter, visit www.OrganicGardening.com/photocontest (the "Website") during the Photo Submission Period" and completely fill out all the required fields on the entry form, including first and last name, complete home mailing address (no P.O. Boxes), daytime telephone number (including area code), date of birth and e-mail address (the "Entry Form"). Once you have completed the Entry Form, upload a digital photograph (the "Photos") of your best garden-inspired photos (the "Entry Material"). The Photo must be 4"x6" in size, 300 dpi and no larger than 10 mb in file size in a .JPG, .EPS or .TIF format. The Entry and the Entry Material are collectively referred to as the "Entry" or "Entries". ALL ENTRIES MUST BE RECEIVED BY 11:59 PM ET, AUGUST 15, 2011. Limit of one Entry per person per day during the Photo Submission Period, up to a maximum of 5 photos. Entries by the same person in excess of the limits stated herein will be disqualified. Entries submitted to the Web Site will be deemed to have been submitted by the authorized account holder of the e-mail address submitted at the time of 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 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. Photos must be original and not modified except for resizing, cropping, color correcting (such as adjusting tone, saturation, etc.), removing red-eye, spot editing, sharpening, removing noise, and similar modifications. Composite images are not allowed, which includes any photograph that has elements added or removed. Frames, borders, watermarks and copyright notices are not allowed. All Entries, once submitted, become the property of the Sponsor and will not be returned. All Entry Material/Entries submitted by the entrant must be original to the entrant alone, not copied or plagiarized, and not created in collaboration with anyone, and cannot have been submitted to or published by any other publication, and entrant must own all copyrights in the Photos/Entry Material/Entry, have full rights and authority to grant Rodale Inc. the rights, title, interests and copyrights to use the Photos, Entry Material/Entry, as provided in the Official Rules, and have acquired any necessary releases with respect to the Photos/Entry Material/Entry. Furthermore, Photos/Entry Material/Entry cannot contain the image or likeness of or reference in any identifiable way (for example, by first and last name, or by any part of a name that is identifiable) any person other than the entrant, including, but not limited to, any depictions of celebrities, unless a signed release from such person(s) is submitted to Sponsor along with the Entry Material/Entry. Entry Material/Entry cannot describe, in any identifiable way, any copyrights, trademarks/tradenames, logos, or similar brand identifying marks, third party artistic works, or describe, depict or contain any illegal, dangerous or unsafe activity, or be otherwise obscene or inappropriate.
3. JUDGING CRITERIA AND WINNER SELECTION:
a. Judging Criteria. Entries will be judged based on the following criteria: (i) inspirational quality (35%), (ii) technical quality (25%), (iii) originality (25%), and (iii) authenticity (15%) (the "Judging Criteria").
b. Selection Process: The selection of the winner of the Contest will involve the following selection process:
Phase One: The Editors and Photo Director of Sponsor's Organic Gardening will evaluate Entries that have complied with the Contest Official Rules ("Eligible Entries") based on the Judging Criteria and select the top 10 Photos submitted as part of Entries during the Photo Submission Period to participate in Phase Two (see below) of the Contest (the "Finalists").
Phase Two: During the Voting Period, the public can vote for their favorite Finalists' Photos by visiting the Website and casting a vote for their favorite Photo. Limit one (1) vote per person per e-mail address each day during the Voting Period. Only persons who are over 18 years of age or older or the age of majority in his/her state, province or territory of residence at the time of casting his/her vote and a resident of one of the 49 United States or District of Columbia (excluding residents of Arizona, Guam, Puerto Rico and all other U.S. territories and possessions) are eligible to vote. Entries by the same person in excess of the limits stated herein will be disqualified. All votes must be submitted by 11:59 p.m. ET on September 30, 2011.
Phase Three:: Sponsor shall select one (1) Grand Prize Winner and two (2) Runners-Up, within its sole and absolute discretion, based on the Judging Criteria and the results of Phase Two.
4. WINNER NOTIFICATION: Potential winner(s) will be notified by e-mail and postal mail, using the information provided on his/her Entry, on or about October 15, 2011. Sponsor will then send to potential winner(s) by postal mail and e-mail, at the e-mail and postal address on his/her Entry, an Affidavit of Eligibility, Release of Liability, Publicity Release, unless prohibited by law, and any other documentation that Sponsor requires (the "Affidavit"). In order to receive his/her Prize and be a winner of the Contest, each Winner must sign and return to Sponsor a notarized Affidavit within fourteen (14) days after receipt of the winner notification by the potential winner(s). In the event: (a) potential winner(s) cannot be reached for whatever reason after a reasonable effort has been exerted based on the information stated in the Entry, (b) of noncompliance with the above or within any of the aforesaid time periods, (c) potential winner is found to be ineligible to enter the Contest or receive the prize, (d) potential winner cannot or does not comply with the Official Rules, (e) potential winner's prize notification or Affidavit is returned as undeliverable for whatever reason, or (f) potential winner fails to fulfill the Affidavit-related obligations, the potential winner shall be disqualified from the Contest and an alternate potential winner may be selected, at Sponsor's sole discretion, from among the other eligible entries received. Winner selection is under the supervision of Sponsor, whose decisions are final and binding in all respects. If entrant's e-mail address, telephone number, or home mailing address changes after he/she enters the Contest, it is the entrant's sole responsibility to notify Sponsor by postal mailing notice to the address stated below to be received before the end of the Promotion Period.
5. PRIZES: The approximate retail value (the "ARV") of the Grand prize is $830 and consists of a photographer-grade digital camera and an issue of "Photographing Your Backyard" by Matthew Benson. Two (2) Runner's Up will receive an issue of "Photographing Your Backyard" by Matthew Benson. In addition, the winning Grand prize Photo and Two (2) Runner's Up Photos may be featured in an in-book advertorial in the April/May 2012 issue of Organic Gardening magazine, as determined by Rodale in its sole and absolute discretion. The total ARV of all prizes awarded is $890. There is a total of three (3) prizes to be awarded to three (3) winners. Prizes subject to any and all applicable terms and conditions. Any depictions of prizes are for illustrative purposes only. All federal, state and local taxes on the prize are the sole responsibility of the winner. Winner will be sent an IRS Federal 1099-MISC tax form for the retail value of any prize at or above $600. No transfer, refund, substitution, or replacement of prizes permitted, except that Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value (or cash equivalent). ARV of all prizes is in U.S. dollars. All prizes will be awarded within 1 year of receipt of valid and executed winners' affidavit or prize confirmation. Any portion of the prize not accepted or unclaimed and/or unused by the winner will be forfeited and will not be substituted.
7. NO TAMPERING; RIGHT TO CANCEL, MODIFY: Sponsor and its affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) Photos/Entries/Entry Material that contain inaccurate information or do not comply with or violate the Official Rules; (b) Photos/Entries/Entry Material, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Contest or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to travel cancellation, delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor's reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this promotion or any promotion or prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Contest, or with any Web sites promoting the Contest; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Contest multiple times through the use of multiple e-mail addresses or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Contest, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Contest promotion, including the entire Contest promotion, and/or modify the Contest and/or select winner(s) to award the prize(s) using all eligible entries received as of the termination date. If the Contest is terminated or modified due to technical difficulties or unforeseen events prior to the expiration date of the Promotion Period, notice will be posted at www.OrganicGardening.com/photocontest.
8. RELEASE OF LIABILITY; DISCLAIMER OF WARRANTY; FORUM SELECTION CLAUSE: By participating in the Contest, entrants and winner agree to release and hold harmless Sponsor and its affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury (including emotional distress), and/or death which may occur in connection with preparation for, or participation in, the Contest, or possession, acceptance and/or use or misuse of the prize or participation in any Contest-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery. By accepting the prize, winner agrees that any liability concerning or arising out of the prize rests solely with the manufacturer of the goods or their affiliates. Sponsor and its subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors assume no responsibility for any injury or damage to entrants or to any other person's computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Contest. In the event that you breach any of your representations, warranties or undertakings contained herein, Sponsor shall be entitled to and may seek indemnification from you for recovery of all legal fees, damages, claims and other expenses that may be incurred by Sponsor or its affiliated entities as a result of your aforementioned breach. Entrant and winners agrees to indemnify Sponsor from any third party claims, damages, losses or injuries, including reasonable attorney's fees and costs, arising from or relating to entrant's participation in the Contest and the Entry. Entrants and winners acknowledge that Sponsor have neither made nor are in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any prize, including, but not limited to, express warranties provided by the manufacturer of the goods or their affiliates. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Pennsylvania, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Pennsylvania. In addition, any dispute relating to the Contest (including these Official Rules) shall be brought in the appropriate state or federal court having jurisdiction over the subject matter located in the County of Lehigh, Pennsylvania. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction they may have.
9. LIST OF WINNERS; FUTURE SWEEPSTAKES/CONTESTS: A winners' list will be posted on the Web Site on or about October 30, 2011, or to receive a list of the winners after October 30, 2011 by mail send a self-addressed envelope, with applicable U.S. postage affixed (VT state residents only may omit return postage), to: Organic Gardening 2011 Reader Photo Contest, 400 South Tenth Street, Emmaus, PA 18098, or by e-mail, send an e-mail to [email protected], and in the body of the e-mail type: Please e-mail me the winner's list for the Organic Gardening 2011 Reader Photo Contest.
10. SPONSOR: The Sponsor of the Contest is Rodale Inc., 400 South Tenth Street, Emmaus, PA 18098.