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OFFICIAL RULES: Monster Photo Contest
This Contest is void in every national, state, local, or other jurisdiction in which it is prohibited, regulated, or restricted by any law, statute, regulation, or other appropriate authority. Monster, LLC, its parent corporation, affiliates, subsidiaries, officers, employees, and subcontractors (hereafter "Monster") do not warrant that this Contest may be entered legally in any particular jurisdiction.
Eligibility:
Contest is open to any legal resident of the fifty (50) United States including the District of Columbia, eighteen (18) years of age or older ("Entrant"). Void elsewhere and in Puerto Rico, U.S. Virgin Islands, and U.S. military installations located in a foreign country. Monster's employees, distributors, representatives, and the immediate families or household members of each are not eligible to participate. Any judges or other parties and/or entities involved in any aspect with the creation, production, operation, execution and fulfillment of the Contest and the immediate family members and household members of such individuals are not eligible to participate in the Contest. No groups, clubs or organizations can participate in the Contest or submit entries on behalf of the group, club or organization
Contest open to amateur, non-professional photographers. (Note: PARTICIPANT DOES NOT FORFEIT
THEIR PHOTO RIGHTS AND OWNERSHIP - PLEASE SEEK LEGAL COUNSEL IF YOU HAVE ANY
QUESTIONS REGARDING THIS)
The original, unmodified image must be submitted if your image has been chosen as a winner. The original image must contain valid, unmodified EXIF data. EXIF data is information that the camera embeds in the original file, which our system must be able to read to validate your contest entry.
Contest begins at 12:00:01 a.m. September 1, 2003, (U.S. Pacific Standard Time) and ends 11:59:59 p.m. January 31, 2004 (U.S. Pacific Standard Time).
To Enter:
Participants need to log onto the Monster Photo Contest website at www.monsterphoto.com/contest, and complete the registration form. Upon completion of the registration form the Participant will be issued a user name and password. Participant must use the user name and password to gain access to upload digital photos to the Contest Website. Each participant will be allowed to upload up to three (3) digital photos to the Gallery on the Contest Website. The photos will be hosted on the Contest Website. Participants may change the photos on the site at anytime. Photo content deemed inappropriate will be removed from the Contest Website and participation privileges may be revoked. The photos on the Contest Website as of 11:59:59 p.m. Pacific Standard Time on the last day of each month during the contest will be automatically submitted for judging for the $1,000 "Photo of the Month" Prize and Monthly Runner-up Prizes. The photos on the Contest Website as of 11:59:59 p.m. Pacific Standard Time on the last day of the Contest (January 31, 2004) will be automatically submitted for judging for the Grand Prize and Runner-up Grand Prizes. Eligible Monster Photo products will be any Monster Photo product shown on www.monsterphoto.com. Monster Proof of purchase will be required before prize will be awarded (product UPC code or store receipt). Entries must be submitted via the Contest Website. Entries sent by any other means than indicated herein will are null and void and will not be considered. All images submitted become property of Monster.
Judging:
The judges for this Contest will be panels of individuals from the following groups: Photographic Magazine Editorial Staff; E-Digital Photo.com; The San Francisco Academy of Art College School of Photography. The judges will review eligible photos submitted by participants using the criteria set forth below and determine the winners. The judges' decisions will be final.
Criteria: The evaluation of any art form is a subjective process. However, our judges will base their decisions on accepted qualities of photographic excellence, including:
Composition / Arrangement - Are the objects in the photo arranged in a meaningful, pleasing manner or are they "haphazard"? Did the photographer use the best angle or otherwise interesting perspective?
Focus / Sharpness - Is the object of the photo in focus? If not in sharp focus, does it appear to be an intentional effect to enhance the image in some "artistic" way?
Lighting - Did the photographer use proper lighting of the subject matter? Do any extremes of darkness or brightness lend to or detract from the image content?
Creativity / Imagination / Impact - Does the photographer show some creative thought or original idea in the making of this image? Does it tell a story or create emotion?
No Photoshop or digitally manipulated photos please!
Our judges will use this criteria as a general guide along with their own knowledge of photography to award prizes. There's many chances to win (monthly and grand prizes)... will your photo be among Monster Photo's Winners' Gallery? Post your photos today and find out!
Prizes:
Monster reserves the right to substitute prize of equal or greater value. No cash substitutions for prizes will be permitted, and prizes are nonrefundable and nontransferable except at sole discretion of Monster.
The winner of a particular prize is solely responsible for any and all income, sales, excise, use and customs taxes, duties, or other such expenses. Monster shall not be responsible for any such expenses. Monster shall have the right to withhold any amounts required for the payment of applicable taxes. Winners may wish to seek counsel regarding tax liabilities associated with prizes. Winners will be required to provide Monster with their legal names, address, phone number and social security number prior to receiving their prizes. See Prize Documents below for more details.
Cash Prizes
One (1) Ten Thousand dollar ($10,000) Grand prize will be awarded on/or around February 4, 2004.
One (1) One Thousand dollar ($1,000) "Photo of the Month" will be awarded monthly on the months of October 2003, November 2003, December 2003, January 2004, and February 2004. Five (5) "Photo of the Month" prizes will be awarded in total.
Product Prizes
Runner-Up Grand Prizes:
The first runner up to the $10,000 Grand prize will receive one (1) Monster Power AVS2000 (Actual Retail Value: $1,499.95). One (1) Monster Power AVS 2000 will be awarded during the Contest.
The second runner up to the $10,000 Grand prize will receive one (1) Monster Power PowerBar 2100 (Actual Retail Value: $249.95). One (1) Monster Power PowerBar 2100 will be awarded during the Contest.
Ten (10) third runners up to the $10,000 Grand prize will receive one (1) Monster Powercell ProCharge 2100 PowerPack (Actual Retail Value: $99.95). Ten (10) Monster Powercell ProCharge 2100 PowerPacks will be awarded during the Contest.
Monthly Runner-up Prizes:
The first runner-up to the $1,000 "Photo of the Month" prize each month will receive one (1) MonsterTHX Ultra Series Cable prize pack (which will include three (3) cable products) (Approximate Retail Value $200). One (1) MonsterTHX Ultra Series Cable prize pack will be awarded each month. A total of five (5) will be awarded during the Contest.
The second runner-up to the $1,000 "Photo of the Month" prize each month will receive one (1) Monster PowerCells Ultra 2000 Digital Camera PowerPack (Actual Retail Value: $49.95). One (1) Monster PowerCells Ultra 2000 Digital Camera PowerPack will be awarded each month. A total of five (5) will be awarded during the Contest.
Ten (10) third runners-up to the $1,000 "Photo of the Month" prize each month will receive one (1) Monster Powercells Photo Lithium PowerCell (Actual Retail Value: $14.95). Ten (10) Monster Powercells Photo Lithium PowerCells will be awarded each month. A total of fifty (50) will be awarded during the Contest.
Winner Notification:
All Contest winners will be notified by email and/or phone at the email address/phone number provided with entry. Actual means of notification to be determined by Monster at its sole discretion. Each Contest winner must complete and return a signed Affidavit of Eligibility and Liability Release and other required prize acceptance documents ("Prize Documents") for verification by the due date specified by Monster in the Prize Documents, which due date shall be no less than three (3) days and no greater than ten (10) days from date of issuance. Contest winners will automatically forfeit all right, claim and interest in or to a Prize, and Monster shall have no liability or responsibility to award any prize in connection therewith if: (a) any required Prize Documents are not fully executed and received by Monster at the designated address by the due date specified in Prize Documents; or (b) if any email addressed to participant is returned to Sponsor as undeliverable or if Contest winner cannot be contacted for any reason; or (c) Contest winner is deemed ineligible or otherwise non-compliant with any aspect of these Official Rules. In the event of forfeiture, no prize will be awarded and Monster will select an alternate winner. Unclaimed, unverified Contest prizes as of March 31, 2004 will not be awarded, notwithstanding any other provision in these Official Rules. Any portion of a Contest prize not accepted by a Contest winner will be forfeited. No substitution or transfer of Contest prize permitted.
Limitations of Liability:
By entering this Contest, each participant warrants that he has read and agrees to abide by all Contest Rules and that he is not prohibited from participating in this Contest by any applicable law, statute, regulation, or other appropriate authority. No responsibility or liability is assumed by Monster for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest Website: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent to or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Web Site in whole or in part for any reason; traffic congestion on the Internet or Web Site; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an Account used in connection with the Contest. Monster is not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Web Site, including without limitation, the number of entries received in any particular Account, or any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Contest, or use of or download of any information from the Web Site Use of Web Site is at user's own risk. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES; CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS REGARDING THESE LIMITATIONS OR RESTRICTIONS. Monster makes no representations or warranties of any kind concerning the appearance, safety or performance of any prize. Winner bears all risk of loss or damage to prize after delivery. All winners, on behalf of themselves, their executors, heirs and assigns, by acceptance of a prize, agree to release Monster and its Judges from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses of any kind to persons or property which may be sustained in connection with the receipt, ownership or use of the prize or while preparing for, participating in, or any activity in connection with the Contest or otherwise.
Modification:
Monster reserves the right, at its sole discretion, to modify, cancel, postpone, delay, suspend and/or terminate this Contest in whole or in part in the event that the Contest is not capable of running as planned or as intended by these Official Rules by reason of any of the technical or other disabling causes as described in above or other causes that, in the sole discretion of Monster, impair, corrupt or interrupt the administration, fairness, security or integrity or proper play of the Contest, including without limitation, hurricane, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, war, terrorist threat or activity or insurrection. In such event, Monster may, in its sole discretion: (a) postpone and/or reschedule and/or modify the Contest, or (b) cancel the Contest in its entirety. In the event of cancellation, Monster shall award the prizes (or a prize of substantially similar value), through a process deemed fair and equitable by Monster, and Monster shall have no further liability to any participant in connection with the Contest. In no event will Monster be obligated to award more prizes than the number of prizes stated in these Official Rules. Monster reserves the right to terminate this Contest or to modify any rules as necessary for any reason or as required by applicable law.
Conditions of Participation:
All participants agree to be bound by these Official Rules and the decisions of Monster and its Judges whose decisions in all aspects of this game shall be final and binding. This contest is governed under the laws of the State of California. In the event that any dispute arises regarding the meaning or interpretation of these Official Rules and/or this Contest, participants agree that the dispute shall be resolved by applying the laws of the State of California and that it shall be resolved within and by the federal or state courts located in the City and County of San Mateo, CA. The Monster and its Judges may, at their sole discretion, disqualify an entrant, or Winner from participating in any aspect of the Contest, and/or may cancel, suspend or block any Account registered by such person, if Monster and its Judges deem or suspect that such person has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Official Rules or the terms and conditions of the Web Site; or (b) submitting photographic images in which the participant has not personally taken (submitting someone else's photos); (c) damaging, tampering with or corrupting the operation of the Contest; or (d) acting with intent to annoy, harass or abuse any other person; or (e) submission of obscene or inappropriate materials; or (f) any unsportsmanlike, inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (g) activity deemed in the sole discretion of Monster and its Administrators to be generally inconsistent with the intended operation of the Contest. CAUTION: ANY ATTEMPT BY A PERSONTO DELIBERATELY DAMAGE OR CORRUPT ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST GAME IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, MONSTER AND ITS ADMINISTRATORS RESERVE THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW.
Publicity Consent:
Contest winners must grant to Monster the unconditional and irrevocable right, without compensation, consideration, notice, review or consent, to use exhibit and publish, in any medium now known or hereinafter known at any time throughout the world for any purpose, the following: (a) their photographic submissions (b) their name, address, image, likeness, voice, biographical information and statement for advertising, publicity, trade and public relations purposes, to the extent permitted by law; and (c) any photo, film, tape recording or other reproduction of their appearance and participation in connection with the Contest for broadcast purposes. Contest winners will be required to confirm such consent in writing by executing appropriate releases required by Monster, including without limitation, the Prize Documents described above and any additional releases regarding eligibility, liability and publicity as may be required by Monster.
Winners List: For a list of winners, send a written request to Monster Photo Contest at the address listed below before December 31, 2004.
Sponsor: The sponsor of this Contest is Monster, LLC 7251 Lake Mead Blvd. West 3rd Floor, Las Vegas, NV 89128 USA. (415) 840-2000.
©2003 Monster, LLC
Ver. 082803US
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