Unified Color Technologies HDR Contest Rules 2010

Contest Rules; Terms and Conditions

By submitting an entry or undertaking any steps to prepare or submit an entry for Unified Color Technologies’ HDR Contest 2010, each entrant (“Entrant”) agrees to be legally bound to all of the following contest rules and terms and conditions. EVERY ENTRANT OR POTENTIAL ENTRANT MUST REVIEW THESE RULES AND TERMS AND CONDITIONS CAREFULLY BEFORE ENTERING THE CONTEST OR UNDERTAKING ANY STEPS TO PREPARE OR SUBMIT AN ENTRY FOR THE CONTEST.

Nature of Contest

The contest is to identify the best submitted image produced using Unified Color’s software applications including HDR Photostudio, HDR Expose or 32 Float. This is a contest of skill. The contest will conclude and all prizes will be awarded by December 31, 2010, with the separate timelines and deadlines for submitting entries set forth below.

Sponsor

This contest is sponsored and promoted by:
Unified Color Technologies, LLC
21 Airport Blvd, Suite F
South San Francisco, CA 94080

Eligibility to Enter

Entrants must meet all of the following criteria to be eligible to enter or win:

18 years of age or older;
Legal resident of the U.S.;
Have a shipping/receiving address in the U.S.;
NOT a resident of Arizona or any state or territory in which this type of contest is prohibited by law;
NOT an employee of Unified Color or Matter Communications (or any of its or their affiliates, parent companies, or subsidiary companies), or one of the contest judges, or an immediate family member of such an employee or such a contest judge, or a person living in the same household of such an employee or such a contest judge;

Entrants who do not meet all of these criteria may not participate or who otherwise do not comply with these contest rules and terms and conditions may not win the contest.

How to Enter

Entrants must produce an image solely using Unified Color's HDR software — and submit it in digital form — namely, in .bef format — via the online submission form at: http://www.unifiedcolor.com/contest-submit-photo.

Entries must be submitted in one of three categories: (1) Landscape; (2) Architecture; and (3) Freestyle.

Entries must be received by any timelines and deadlines set forth in these contest rules and terms and conditions.

The Entrant is deemed to be the holder of the established e-mail account associated with the entry.

There may be up to five entries per category per person. If Entrant exceeds any limits on the number of entries, Unified Color may in its sole discretion disqualify all or some of the entries.

No Fees or Purchase Required

There is no fee and no purchase necessary to enter or win the contest. The contest does require the use of Unified Color's software; for those Entrants who do not already own the full version of Unified Color's software, 30-day trial versions of HDR PhotoStudio, HDR Expose and 32 Float are available at no cost and with no obligation to purchase the product at the end of the trial period.

Requirements for Entries

By submitting an entry in this contest, each Entrant represents and warrants:

The image is original, and the contest participant owns the copyright or any other associated intellectual-property rights in the image.
The image does not infringe the copyright, rights of publicity or privacy, or any other intellectual-property or proprietary rights of any other person or entity.
Any persons depicted in the image who are recognizable or identifiable from their image are 18 years of age or over and have given their signed, written consent to have their image used in this contest (and released any rights of publicity or privacy).
For entries in the Architecture category, the building or architecture depicted in the image is located in or ordinarily visible from a public place, or, for any such building or architecture that is not located in or ordinarily visible from a public place, if the building or architecture is protected by copyright, Entrant must have the appropriate rights to submit the image and grant the rights provided in these contest rules and terms and conditions; and Entrants must be prepared to provide a signed release from the person or entity owning the copyright.
For any sculptures, statues, paintings, or other works of art that are depicted in the image, Entrant must have the appropriate rights to submit the image and grant the rights provided in these contest rules and terms and conditions; and Entrants must be prepared to provide a signed release from the person or entity owning the copyright in any such sculptures, statues, paintings, or other works of art.
The image has not previously won an award in any photography contest or other type of media or public recognition.
The image does not contain obscene, profane, offensive, lewd, pornographic, or otherwise inappropriate content.

Unified Color reserves the right at its sole discretion to reject and disqualify any photograph it deems in its sole discretion to be obscene, profane, offensive, lewd, pornographic, or otherwise inappropriate.

Timelines

Submissions must be made by the following dates for consideration:

For the 1st cycle prize to be awarded on or about May 17, 2010, submissions must be made by Entrant and received by Unified Color by 12:01 a.m. PT on May 12, 2010.
For the 2nd cycle prize to be awarded on or about August 2, 2010, submissions must be made by Entrant and received by Unified Color by 12:01 a.m. PT on July 26, 2010.
For the 3rd cycle prize on November 1, 2010, submissions must be made by Entrant and received by Unified Color by 12:01 a.m. PT on October 25, 2010.
The Grand prize public voting will open at 12:01 a.m. PT on November 1, 2010 and remain open until 12:01 a.m. PT on November 29, 2010, with the Grand Prize winner to be awarded on or about December 1, 2010.

Prizes

In each of the first three cycles of submissions, there will be one 1st prize winner (in each of the three categories, for a total of three 1st prize winners), and there will be twelve honorable mentions (across all categories).

The prizes are as follows:

1st prize:
The 1st prize winner in each category will receive a package including Nikon D90 18-105 VR camera kit (approx. retail value $1,199.95), Lexar Professional Class 10 8 GB SDHC card (approx. retail value $89.99), Lowepro Slingshot 202 AW case (approx. retail value $109.99), and Gitzo carbon fiber tripod GT2531 (approx. retail value $600) (prize total approximate retail value $2,000).

Honorable mentions:
The Honorable Mention(s) will win one or more of the following prizes per cycle: three (3) copies of HDR Expose (full version) (Mac or PC) (approx. retail value $149.99), three (3) $150 gift card to B&H Photo (approx. retail value $150),three (3) Xrite Color Munki (approx. retail value $352.95), three (3) Xrite Color Checker Passport (approx. retail value $98.99).

After the three cycles, a grand prize winner will be selected from among the three (3) 1st Prize winners and twelve (12) Honorable Mentions from all of the categories and all three cycles of submission for a total of 45 finalists, with the prize as follows:

Grand Prize:
The Grand Prize winner will receive a package including a photo expedition trip for one on an expenses-paid National Geographic Expedition (for comparative reference, see National Geographic’s 2010 North America expeditions at http://www.nationalgeographicexpeditions.com/ (those with retail value of $7,500 or less)) (winner may select from a subset of available 2011 North America expeditions, subject to space, reservations, and other coordination with Unified Color and National Geographic) (approximate retail value of National Geographic Expedition $7,500; additional expenses for travel to the starting point of the expedition capped at $500, with approximate retail value of $500) and an Apple MacBook Pro 15” (approx. retail value $2,000) (grand prize total approximate retail value $9,500-10,000) . Participant agrees to accept the National Geographic Expeditions Terms and Conditions for trip

Prizes are not transferable, and no cash alternative is available. If a prize or part of a prize is for some reason unavailable, Unified Color reserves the right to substitute the original prize (or that part of the prize) with an alternative prize with an equal monetary value and/or specification, unless doing so would be prohibited by applicable law.

Determination of Winners

Winners will be determined as set forth below. Unified Color has not previously run a similar contest and does not have historical data from which to estimate the number of entries it will receive in this contest—but expects to promote the contest broadly.

In each of the first three cycles, winners will be determined by a panel of judges made up of approximately four executives of Unified Color and at least two professional photographers who are independent from Unified Color. Judges will review and compare the entries in each category—and then assign each entry a rating from 1-5 on each of the following criteria: (1) aesthetics/composition; (2) best use of HDR; and (3) technical perfection. The entries with the highest scores will become finalists. The judges will review and discuss the finalists collectively in reference to the stated criteria; and in so doing, they will decide the 1st prize winner in each category and the Honorable Mentions across all categories (as well as which prizes will go with which Honorable Mentions). These decisions will be made by consensus or majority vote of the judges on the panel.

Each cycle will award three (3) 1st. prize winners and twelve (12) honorable mentions. At the end of three (3) cycles these forty five (45) photos will be posted as finalists for the grand prize to be selected by the public based on one vote per valid email address.

The panel’s decisions are final.

At the end of the three above-described cycles of submission, all entries who won 1st prizes or Honorable Mentions (and successfully claimed prizes by signing their affidavits of eligibility and otherwise complying with these contest rules and terms and conditions) will be presented to the public for voting on Unified Color’s website at or linked off of:

http://www.unifiedcolor.com/contest

Public voting will open at 12:01 a.m. PT on November 1, 2010 and will close at 11:59 p.m. PT on November 29, 2010. The public will be asked to vote for the best entry based on aesthetics.

Public voting through Unified Color’s website will determine a single Grand Prize winner (across all of the categories). Only one vote per e-mail address will be accepted.
http://www.unifiedcolor.com/contest

Claiming Prizes

Potential winners will be required to sign and return an affidavit swearing as to the person’s eligibility and the compliance of the entry with these rules and terms and condition, and a comprehensive liability waiver, as well as any required consents or releases as described above, within 7 calendar days of the effective date of being notified of having been selected as a potential winner. Potential winners of the grand prize must also agree to any terms and conditions set by National Geographic Expeditions in connection with the awarded trip.

Applicable taxes are the responsibility of the Entrant, and appropriate tax identification information may be required prior to the awarding of any prize.

FAILURE TO COMPLY WITH ALL REQUIREMENTS OF THE CONTEST RULES AND TERMS AND CONDITIONS MAY RESULT IN DISQUALIFICATION OF A POTENTIAL WINNER—AND SELECTION OF AN ALTERNATE POTENTIAL WINNER.

Announcement of Winners

Winning selections will be posted online , no later than December 31, 2010 on:

http://www.unifiedcolor.com/contest

Potential winners will also be notified via e-mail.

Property Rights, Intellectual Property Rights, and Other Commercial Rights

Entries will not returned, and the physical copy of the entries becomes the property of Unified Color.

Entrants retain ownership of all copyrights and other equivalent rights to entries. Entrants grant Unified Color a perpetual, irrevocable, non-exclusive license to publish, reproduce, display, distribute, and show on screen or in any media any entry (including without limitation its image and any text, narrative, or other information submitted with the image) (including without limitation on websites, exhibitions, tradeshows or any other media) for the purpose of promoting the contest, running the contest, and promoting the results of the contest—which license shall include the right to modify or edit such photographs for space limitations or other constraints of media or otherwise in Unified Color’s discretion. Entrant further agrees that Unified Color may publish Entrant’s name and home city/state in connection with its publication or other use of any entries—along with any other likeness, voice, or statements from and provided by Entrant. All here-described uses by Unified Color will be without compensation to Entrants.

A separate agreement will need to be reached should Unified Color, its subsidiaries or affiliates wish to publish a submitted photograph other than as stated in these contest rules and terms and conditions.

Personal Information

Entrants further agree that the personal information they submit with their entries may be used by Unified Color to administer this contest and further that Unified color may use the personal information according to the terms of this website's Privacy Policy, including without limitation to send Entrants information about new and exciting products and services offered by Unified Color or to notify Entrants about other contests or promotions.

Disclaimers, Releases, and Limitations of Liability

UNIFIED COLOR AND ITS PARENT, SUBSIDIARY, OR AFFILIATE COMPANIES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS:

EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT), RELATING TO THIS CONTEST OR ANY PRIZES THAT MAY BE AWARDED; AND
OFFER NO ASSURANCES THAT THE WEBSITES THROUGH WHICH THE CONTEST PROVIDES INFORMATION OR IS RUN WILL BE AVAILABLE UNINTERRUPTED OR FUNCTION ERROR-FREE.

BY PARTICIPATING IN THIS CONTEST, ENTRANTS RELEASE UNIFIED COLOR AND ITS PARENT, SUBSIDIARY, OR AFFILIATE COMPANIES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS FROM ANY AND ALL LIABILITY WITH RESPECT TO PARTICIPATION IN THE CONTEST OR TO ACCEPTANCE OR USE (OR MISUSE) OF ANY PRIZE OR PARTICIPATION IN ANY PRIZE-RELATED ACTIVITIES OR ANY USE OF ENTRIES BY UNIFIED COLOR. UNDER NO CIRCUMSTANCES WILL UNIFIED COLOR OR ITS PARENT, SUBSIDIARY, OR AFFILIATE COMPANIES, OR ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS BE LIABLE FOR ANY—AND ENTRANTS WAIVE ANY RIGHTS TO—ANY PUNITIVE, INCIDENTAL, CONSEQUENTIAL , OR ANY OTHER TYPES OF DAMAGES OTHER THAN OUT-OF-POCKET DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Defense and Indemnity

ENTRANTS AGREE TO DEFEND AND INDEMNIFY UNIFIED COLOR AND ITS PARENT, SUBSIDIARY, OR AFFILIATE COMPANIES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS FROM AND AGAINST ANY THIRD-PARTY CLAIM RELATING IN ANY WAY TO ENTRANT’S ACTIVITIES IN MAKING OR DEVELOPING IMAGES OR OTHERWISE PREPARING OR SUBMITTING ENTRIES INTO THIS CONTEST OR OTHERWISE TO ENTRANT’S PARTICIPATION IN THE CONTEST.

Other Conditions

THIS CONTEST IS VOID WHERE PROHIBITED. Entrants agree that this contest shall be governed by the laws of the State of California (without reference to any choice-of-law principles) and that the forum for any dispute will be the State of California.

Unified Color assumes no responsibility for entries unable to be processed for any technical reason and further reserves the right to cancel the contest if it becomes technically corrupted or because of unauthorized human intervention. Unified Color reserves the right in the event of such cancellation to award the prize to an eligible, non-suspect entry received prior to cancellation.