#MarchBirds Photo Contest
NO PURCHASE IS NECESSARY TO ENTER OR WIN
The #MarchBirds Photo Contest ("Contest") starts on March 1, 2018 at 10:00 AM Eastern Time (“ET”) and ends at 11:59 PM ET on March 31, 2018 ("Contest Period").
ELIGIBILITY: Contest is open to legal residents of the fifty (50) United States and District of Columbia, in addition to residents of Canada (excluding those residing in Quebec) 18 years of age or older. Employees of Olympus and their parents, subsidiaries, affiliates and advertising and promotion agencies, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. Void where prohibited by law. Contest is subject to all applicable federal, state and local laws. By participating, each entrant agrees to abide by these Official Rules and decisions of Sponsor and judges, which shall be final and binding in all respects relating to this Contest.
HOW TO ENTER: During the Contest Period, submit an original photo taken with an Olympus camera with the theme of “bird photography,” and post your photo to the Olympus User Gallery with the hashtag #MarchBirds. Once the photo is posted with the hashtag according to these rules, entrant will be deemed entered into the Contest (each photo with hashtag shall be an “Entry” or collectively “Entries”). Photo must be submitted with hashtag to be considered an entry, and cannot be modified after it is submitted.
Unlimited entries, however, no duplicate photos. Entrant must have written permission from any person who is recognizable in the photo, prior to submitting the Entry. Any minors shown in the Entry must be the entrant‘s child or legal ward. All Entries must be received by 11:59 PM ET on March 31, 2018.
Data charges may apply if you enter via your mobile device. Please be sure to consult your wireless provider for rates and details. Sponsor is not responsible for any charges wireless service provider may charge entrant. Multiple entrants are not permitted to share the same account. Entries generated by script, macro, mechanical or other automated means or by any means which subvert the entry process are void. All Entries become the sole property of the Sponsor and will not be returned. It is not required to mention Sponsor in your Entry and any mention of Sponsor in your Entry will not influence the judging process.
PROHIBITED CONTENT: Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that:
- has the sunlight elements added solely in post production editing, through adding an overlay
- is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
- promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
- is obscene or offensive; endorses any form of hate or hate group;
- appears to duplicate any other submitted Entries;
- defames, misrepresents or contains disparaging remarks about Sponsor, its products or services, other people or companies;
- contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission, to the extent permission is necessary;
- contains copyrighted materials owned by others (including music, photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission, to the extent permission is necessary;
- contains materials embodying the names, likenesses, voices, or other indicia identifying any person (living or dead), such as license plate numbers, personal names, e-mail addresses or street addresses, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission, to the extent permission is necessary;
- communicates messages or images inconsistent with the positive images and/or good will with which Sponsor wishes to associate; and/or
- violates any law.
Entry must be the original work of the entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other rights of any person or entity. If the Entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may when requested may render Entry null and void. By making an Entry, entrant warrants and represents that he/she and any persons appearing or who are identifiable in the Entry consent to the Entry and use of the Entry in the Contest and to its use as otherwise set forth herein.
By submitting an Entry, entrant represents and warrants that the Entry conforms to these Official Rules and understands that Sponsor, in its sole discretion, may disqualify the Entry and/or remove the Entry from the gallery at any time and for any reason.
JUDGING: All eligible Entries received by Sponsor will be judged by an Olympus panel, on the following equally-weighted judging criteria (the “Judging Criteria”): (a) creativity, (b) subject matter and (c) technical quality. The Entry with the highest score will be deemed a potential winner. Sponsor reserves the right to not award the prize if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries. All decisions of the Sponsor and judges are final and binding. Sponsor will not reveal the judging scores for any Entry.
WINNER NOTIFICATION: There will be one (1) Grand Prize Winner. The winner will be notified via email. All potential winners will be asked to contact Sponsor with a specified time period to claim his/her prize. The potential winner may be required to complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law), which must be returned within three (3) days from the date appearing on prize notification. Return of prize or prize notification as undeliverable, failure to sign and return requested documentation within the specified time period, the inability of Sponsor to contact a potential winner within a reasonable time period, the failure of a potential winner to respond to the initial notification within the time period specified or noncompliance with these Official Rules by any potential winner will result in disqualification an, forfeiture of prize. A "winner" will not be declared until such potential winner completes the prize claim process.
PRIZE: The Grand Prize Winner will receive a GetOlympus.com store credit in the amount of $100.00 (USD), and publication of Winner’s Entry photo in Olympus email and social media at a time and in a manner determined by Sponsor in its sole discretion.
Winner is responsible for all federal, state and local taxes and all costs and expenses associated with prize acceptance and use not specified herein as being provided. Winner may not substitute, assign or transfer a prize, but Sponsor reserves the right, at its sole discretion, to substitute a prize (or portion thereof) with one of comparable or greater value. Prizes cannot be redeemed for cash. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. All prize details are at Sponsor’s sole discretion. Limit one (1) prize per person/email address/household.
USE OF ENTRIES: By entering, Entrants and Winner (as applicable) grant Sponsor and their licensees, successors and assigns, the assignable, perpetual, worldwide, fully-paid, irrevocable, non-exclusive license to publish, reproduce, prepare derivative works of, distribute, display, exhibit, transmit, broadcast, televise, digitize, otherwise use, and permit others to use the Entry, including the names and likenesses of any persons embodied therein, in any manner, form, or format now or hereinafter created, including on the Internet and on Sponsor’s social media sites (such as Instagram), and for any purpose, including, but not limited to, advertising or promotion of Sponsor and/or the Contest, all without further consent from or notice or payment to Entrant or Winner. Released Parties (as defined below) are not responsible for any unauthorized use of Entry by third parties. Sponsor is under no obligation to make use of the rights granted herein.
RELEASE OF LIABILITY: By participating, each entrant agrees to release, indemnify, discharge and hold harmless Sponsor and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Contest or any Contest-related activity, the acceptance, possession, use or misuse of any prize and/or Sponsor’s use of the rights granted herein.
PUBLICITY GRANT:By participating, each entrant agrees to the use by Sponsor and its designees of his/her name, biographical information, image and/or likeness for advertising, publicity, promotional and other purposes, in any and all media now or hereafter known, worldwide in perpetuity, in any manner, together with other materials, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so.
GENERAL CONDITIONS:Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Entries or mail; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, application, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of Entries, the announcement of the prizes, the incorrect uploading of the photo or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Contest or downloading materials from or use of the Website. Persons who tamper with or abuse any aspect of the Contest or Website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or Entry of Entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential winners from all eligible, non-suspect Entries received prior to action taken using the judging procedure outlined above or as otherwise deemed fair and appropriate by Sponsor. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE/APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
DISPUTES; GOVERNING LAW: The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, City of New York. THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES.
Sponsor: Olympus America Inc., 3500 Corporate Parkway, Center Valley, Pennsylvania, 18034 (“Sponsor” or “Olympus”).