Canon Pocket Size Photo Party Contest

Pocket Size Photo Party
OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN

1. Eligibility: Pocket Size Photo Party (the “Contest”) is open only to legal residents of the fifty (50) United States (and D.C.) who are at least eighteen (18) years old at the time of entry and who have photo-capturing and uploading capabilities as of September 15, 2009, and are not a professional photographer (i.e. a person who has earned 51% or more of his/her annual income by taking, selling or marketing photos, whether as an employee or as a freelance photographer during the last three (3) years). Employees of Canon U.S.A., Inc., ePrize, LLC, and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Subject to all applicable federal, state, and local laws and regulations. Void where prohibited. This promotion is intended for viewing only in the fifty (50) United States (and D.C.), and shall only be construed and evaluated according to United States law. Individuals not located within the fifty (50) United States (and D.C.) are not authorized to participate in the Contest.

2. Sponsor: Canon U.S.A., Inc., One Canon Plaza, Lake Success, NY 11042. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.

3. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.

4. Timing: The Contest begins on September 15, 2009 at 12:00 a.m. Eastern Time ("ET"), ends on December 15, 2009 at 11:59 p.m. ET (the "Contest Period") and consists of three (3) phases as set forth in the chart below.

Phase Starts at 12:00 a.m. ET Ends at 11:59 p.m. ET
Submission September 15, 2009 October 31, 2009
Judging November 1, 2009 November 13, 2009
Voting November 14, 2009 December 15, 2009

Administrator's computer is the official time-keeping device for the Contest.

5. How to Enter: During the Submission Phase, visit http://contest.promo.eprize.com/photoparty and follow the links and instructions to complete and submit the registration form, including a valid home address. P.O. Boxes are not permitted. Submit one (1) photo of your pocket-sized photo album, a short description of the photo, not to exceed two hundred fifty (250) words, and a title for the photo (collectively, the "Submission"). You must be the original photographer of the Submission and, or you must have received written permission, in a form acceptable to the Sponsor, from the copyright holder of the Submission. If you are not the original photographer of the Submission, you must be able provide the aforementioned written permission to Sponsor upon request. By uploading your Submission, you agree that your Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes, in its sole discretion, that your Submission fails to conform to the Guidelines and Restrictions. Furthermore, you grant permission to Sponsor to post your Submission to an online viewing gallery throughout the Contest Period.

Submission Guidelines:

  • The Submission must be in .jpg format;

  • The Submission must not exceed 5 MB in size;

  • The Submission must contain a caption and description;

  • The Submission's caption and description must be in English; and

  • The Submission cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means.

Content Restrictions:

  • The Submission must not contain material that violates or infringes another party's rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;

  • The Submission must not disparage Sponsor, Administrator or any other person or party affiliated with the promotion and administration of this Contest;

  • The Submission must not contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use for the sole purpose of creating and uploading a Submission in this Contest;

  • The Submission must not contain text, images or artwork not created by entrant;

  • The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;

  • The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and

  • The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submission is created.

Limit: You may submit up to five (5) Submissions during the Submission Phase. Submissions received from any person or email address in excess of the stated limit, will be void.

For All Submissions: Submissions generated by script, macro or other automated means are void. Entrant must have permission from all individuals (or their parent/legal guardian if individual depicted is a minor) who appear in the Submission (if any) to use their name and likeness in the Submission and to grant the rights set forth herein. If requested by Sponsor, entrant must be able to provide such permissions in a form acceptable to Sponsor. Uploading a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If necessary, entrant will sign any necessary documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void.

In the event of a dispute as to any Submission, the authorized account holder, at time of entry, of the email address used to register for the Contest will be deemed to be the entrant and must comply with these Official Rules. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The entrant may be required to show proof of being the authorized account holder.

6. Winner Determination: Winners will be determined according to the process set forth below.

(a) Judging Phase: During the Judging Phase, a panel of qualified judges determined by Sponsor in its sole discretion will select the ten (10) entrants with the highest-scoring Submissions (the “Finalists”) from among all eligible Submissions based on the following criteria (“Judging Criteria”):

  • Creativity/Uniqueness (30%);

  • Incorporation of Canon Brand (20%); and

  • Artistic Composition (50%).

In the event of a tie, the entrant whose Submission received the highest score in the Creativity/Uniqueness category, as determined by the qualified judges in their sole discretion, will be deemed the applicable Finalist. Should a tie still remain, the entrant whose Submission received the highest score in the Artistic Composition category will be deemed the applicable Finalist. Sponsor reserves the right to select fewer than ten (10) Finalists, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.

(b) Voting Phase: During the Voting Phase, the Finalists' Submissions will be posted in an online gallery for public voting at http://canon.promo.eprize.com/party/. Persons who meet the eligibility criteria as set forth in Section 1 will be invited to vote for the Submission they believe is best. Limit: Each voter may vote one (1) time per day during the Voting Phase. Multiple votes received from any person/email address after the first vote received from that person/email address each day, will be void. Finalists are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. Subject to the Finalists' compliance with these Official Rules, the Finalist whose Submission receives the highest number of valid votes will be the potential Grand Prize winner, the Finalists who receive the next two (2) highest number of votes will be potential First Prize winners, the Finalists who receive the next three (3) highest number of votes will be potential Second Prize winners, and the Finalists who receive the next four (4) highest number of votes will be potential Third Prize winners. In the event of a tie, the entrant whose Submission received the highest score in the Creativity/Uniqueness category as determined by the qualified judges in their sole discretion, will be deemed the potential winner from among the tied entries. Should a tie still remain, the entrant whose Submission received the highest score in the Artistic Composition category as determined by the qualified judges in their sole discretion, will be deemed the potential winner from among the tied entries. Sponsor reserves the right to award fewer than the stated number of prizes, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions. Should the voting appear to have been tampered with or manipulated in any way, Sponsor reserves the right, in its sole discretion, to determine which Finalists will be the the Grand, First, Second and Third Prize winners.

For the Voting Phase: Multiple voters are not permitted to share the same email address. Any attempt by any voter to submit more than the stated number of votes by using multiple/different email addresses, identities or any other method will void that voter’s Submission(s) (if any) and votes and he/she will be disqualified from further participation in the Contest. Use of script, macro or any other automated system to vote is prohibited and all such votes will be void. Released Parties (as defined in Section 9 below) are not responsible for lost, late, incomplete, garbled, delayed, invalid, unintelligible or misdirected votes, which will be void. In the event of a dispute as to any vote, the authorized account holder of the email address used to vote will be deemed to be the voter.

7. Winner Requirements: Potential winners will be notified by email, mail or phone on or around December 18, 2009. Each potential Grand and First Prize winner (parent/legal guardian if a minor in his/her state of residence) will be required to execute and return to Administrator, within ten (10) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release (“Affidavit”) in order to claim his/her prize. If any potential winner cannot be contacted, fails to execute and return the Affidavit within the required time period (if applicable), does not comply with these Official Rules, or prize or prize notification is returned as undeliverable, potential winner forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded, in Sponsor’s sole discretion, to the Finalist who received the next highest number of votes. Only three (3) alternate winners may be determined, after which the applicable prize will remain un-awarded. Acceptance of any prize shall constitute and signify winner’s agreement and consent that Sponsor and its designees may use the winner’s, name, city, state, likeness, photo, Submission and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Winner will indemnify Sponsor, Released Parties (as defined in Section 9, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. Prizes will be fulfilled 8 – 10 weeks after end of Contest.

8. Prizes: ONE (1) GRAND PRIZE: A $5,000 Visa gift card that can be used toward the purchase of a family vacation. Approximate Retail Value ("ARV"): $5,000. TWO (2) FIRST PRIZES: A $1,000 Visa gift card that can be used toward the purchase of a vacation. ARV: $1,000. THREE (3) SECOND PRIZES: A SELPHY CP780 Pink photo printer and a Powershot SD1200 IS Pink digital camera. ARV: $329.98. FOUR (4) THIRD PRIZES: A PIXMA MP560 digital printer and two (2) packs of Photo Album 3x3 Pocket Size/All Occasion Greeting Cards. ARV: $206.98

For Grand and First Prizes: Winners must comply with terms and conditions of gift cards.

For Second and Third Prizes: Prizes are awarded only subject to Sponsor's Limited Warrenty accompanying each product. The ARV of electronic prizes is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed.

For All Prizes: Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Total ARV for All Prizes: $8,817.86. Limit: One (1) prize per person.

9. Release: By receipt of any prize, winner agrees to release and hold harmless the Sponsor, Administrator and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.

10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of these Official Rules or those of any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

11. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process, voting process, or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission.

12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.

13. Entrant's Personal Information: Information collected from entrant is subject to ePrize, LLC’s Privacy Policy http://www.eprize.com/privacy/privacypolicy.html and Sponsor’s Privacy Statement http://www.usa.canon.com/templatedata/AboutCanon/ciwabprcy.html.

14. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than March 15, 2010. For the Winner List, visit the promotion website, complete the form at the bottom of the FAQ, and select "Win List Request" in the drop down.

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