Photography Book Now: Rules and FAQs

Rules of the Photography.Book.Now Competition

You know the drill... competitions come with rules drafted by lawyers. So forgive us that the following is a bit wordy and written in legalese, but it is so that the rules are laid out, and fairly shared with everyone. If you have specific questions, check out the FAQs as there are lots of answers waiting for you there.

Rules of the Photography.Book.Now International Salon and Symposium Competition

Who is eligible?

The Photography.Book.Now Salon and Symposium Competition ("Contest") is open to English-speaking adults, who are the age of 18 years (or of the age of majority in jurisdictions where the age of majority is over 18 years and where such Contests are legal), and resident in a non-U.S.-embargoed country where such Contests are legal given the Rules as published ("Contestants").

The Contest is sponsored by Blurb, Inc. ("Blurb") 580 California Street, Suite 300, San Francisco, CA 94104 ("Sponsor"). Sponsor's employees and their immediate families, as well as affiliates and Sponsor's associates who have participated in the administration of this promotion are not eligible to participate. The Contest is subject to these Official Rules. This Contest is void where prohibited or restricted by law, and is subject to applicable federal, state, provincial and local laws.

Submission Guidelines

Contest submissions ("Submissions") must be photography books that are self-published either through the Blurb website or through another self-publishing facilitation service. Submissions may not be published by any third party publisher. The Submissions must be original works of authorship, entered by the author who holds all rights to the Submission. Submissions from joint authors will not be accepted. The Contest Submission Period begins on March 13, 2008 at 12:01 AM Pacific Time (PT), and ends on July 14, 2008 at 11:59 PM PT (the "Contest Submission Period"). ALL ENTRIES MUST BE SUBMITTED DURING THE CONTEST SUBMISSION PERIOD. By participating, contestants agree to be bound by these Official Rules and the decisions of the judges and/or Sponsor, which are binding and final on matters relating to this Contest.

Online Entry:

Submissions can be made online at www.photographybooknow.com by following the Contest link, completing the web entry form in its entirety and paying a submission fee of US$35 ("Submission Fee") via Paypal following the instructions and link(s) on the screen. Only books created using Blurb's Booksmart service can be entered electronically using a unique order identification number, with no physical books required to be sent. You may upload your book at any time at www.blurb.com. Online Submissions must be entered by 11:59 PM PT on July 14, 2008 according to Sponsor's time. Online Submissions must be made using the online submission process; no emailed entries will be accepted.

By entering a Submission through the web entry form at www.photographybooknow.com, Contestant agrees that the Submission entered may be showcased in Blurb's online bookstore, making previews available to the public and making the book available for purchase, as subject to Sponsor's Terms of Use, to which Contestant agrees. Posting of any Submission(s) will neither increase nor decrease a Contestant's score, and any display does not mean that a Contestant has been selected as a winner.

Hard-Copy Entry:

Submissions can alternatively be made by mailing a completed, hard copy entry form, the US$35 Submission Fee by money order (money orders must be in U.S Currency and must be drawn using U.S. banks), as well as three (3) physical copies of each book entered: "Photography.Book.Now Salon and Symposium Competition," 580 California Street, Suite 300, San Francisco, CA 94104. All hard copy Submissions must include the appropriate entry fee payable to the "Photography.Book.Now Salon and Symposium Competition" in a money order and in U.S. currency. Hard-copy Submissions must be self-published books printed using a commercial quality printing and binding mechanism. Hard-copy Submission entry forms are available for download at www.photographybooknow.com. Hard-copy Submissions must be postmarked by July 14, 2008 and received no later than July 28, 2008. No hand-delivered Submissions will be accepted.

There is no limit to the number of Submissions that any Contestant can make; however, each Submission (online or hard-copy) must be made using a separate entry form and include a separate submission fee.

No Submission will be processed unless the Submission Fee is attached or has been pre-paid electronically and the entry form is complete. Submissions using either method that are made without the proper forms and/or payment will be disqualified and Contestants may not be notified. Sponsor retains the right to refuse any entry for any reason.

All Submissions become the sole property of Sponsor and will not be acknowledged or returned. Sponsor is not responsible for late, lost, delayed, damaged, misdirected, incomplete, void, corrupted, garbled, illegible, unintelligible, or postage-due submissions and those Submissions are void and will not be accepted; nor is Sponsor responsible for any problems, bugs or malfunctions Contestants may encounter when seeking to enter their Submissions. Only complete valid entries will be accepted.

By entering, Contestant warrants that his or her Submission does not infringe any third party's rights, and that Contestant has obtained any necessary permissions from any third party to submit the Submission. All Submissions must be original works of authorship created by the Contestant who submits the Submission and who must be a natural person. Contestants may not be, nor may Contestant use in the photographs parties who: 1) are represented under contract (e.g., by a talent agent or manager) that would limit or impair Sponsor's ability to show the Submission in any media form; 2) have an acting or modeling contract that would make their appearance in the Submission a violation of any third party rights; 3) are under a merchandising agreement; or 4) are under any other contractual relationship, including but not limited to guild and/or union memberships, that may prohibit them from participating fully in this promotion, or from allowing Sponsor to use royalty-free, the Submission worldwide in all media in perpetuity. No Submission may depict harmful or illegal activity or substance, or offensive subject matter as determined in the sole discretion of Sponsor, pursuant to its Terms of Use. No Submission shall portray Sponsor, its services or products in a negative light. Contestants may not copy or otherwise plagiarize the Submission from any source, nor may the Submission include third party copyrighted material. Sponsor reserves the right to disqualify false or plagiarized Submissions or Submissions suspected of being false or plagiarized. Contestants must hold all rights to the entire Submission and may not be under any contractual relationship that would prohibit them from entering their Submission(s), in whole or in part, into the Contest. Contestant agrees to indemnify Sponsor against any and all claims from any third party for any use by Sponsor, its agents, successors or representatives, of Contestant's Submission. Contestant must secure - and selected winners will be required to submit – a written release from any persons featured in the Submission to use their name and likeness under the terms and conditions of these official rules.

Judging

Submissions will be judged by a panel of qualified judges on the basis of; cover design, strength of the photography, subject matter of the book, page layouts, editing and sequencing, emotional impact of the overall book, with each criterion receiving equal weight. All judging is at the complete discretion of the judging panel and all decisions of the judging panel are final. In the event of a tie, the tied Submissions will be re-evaluated based on the above-listed criteria.

There will be one, overall Selected Contestant for the Grand Prize selected from the total qualified Submissions received, regardless of in which Category Contestant designates their Submission. The one (1) Submission with the highest number of points overall of all of Contestant Submissions will be deemed the "Selected Grand Prize Contestant." Each of the two Categories will have one (1) Category Selected Contestant, one (1) 1st Runner Up, one (1) 2nd Runner Up, and twenty-five (25) Honorable Mentions in each Category (collectively "Selected Contestant(s)"). Selected Contestants will be announced publicly on or about September 18, 2008.

Prizes

Grand Prize: One (1) US$25,000 cash prize made payable to the Contestant whose name appeared in the original entry form (Approximate Retail Value ("ARV"): US$25,000).
Category Prizes: Two (2) packages each comprised of one (1) camera and set of photography equipment. Choice of camera and equipment is the sole discretion of Sponsor or prize providers. (ARV: US $5,000 each).
1st Runners Up Prizes: Two (2) LiveBooks Web Service Packages for website consulting and design services. Subject to LiveBooks' restrictions, terms and conditions. Type and scope of services in LiveBooks' sole discretion. Must be redeemed or used within the timeframe defined by LiveBooks (ARV: US$ 2,500 each).
2nd Runners Up Prizes: Two (2) photography accessory packages. Choice of accessories is sole discretion of Sponsor and prize providers. Subject to vendor's terms and conditions (ARV: US$1,000 each).
Total ARV of Prizes: forty two thousand dollars (US$42,000).

Selected Contestants not entitled to any surplus between actual retail value of prize and stated ARV and any difference between stated ARV and actual value of the prize will not be awarded. No substitution, transfer, or cash redemption of prize, provided however that Sponsor reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize become unavailable for any reason. Prize may be awarded in the form of voucher(s), coupon(s) and/or gift card(s) in Sponsor's sole discretion. Selected Contestants are solely responsible for any other unspecified expenses related to the Prizes, including shipping/handling, and any and all federal, state, and local taxes on prizes. If Selected Contestant is unable to participate in or accept the prize or any portion of the prize for any reason, Sponsor shall have no further obligation to the Contestant. Any and all activities related to the prize are at the Selected Contestants' own risk and subject to whatever restrictions are imposed by the entities that govern such activities. Prizes will be awarded by U.S. mail or international carrier, in Sponsor's discretion. Sponsor is not responsible for lost or damaged prizes.

Use of Submissions

Copyright and all other rights remain those of Contestant and/or any third parties from whom Contestant has obtained permission to use the third party's material(s). Any book or image of the book used by Sponsor shall carry the photographer's credit line. Use may include publication in any Blurb publication or web site. All Contestants understand and agree that any Submission may be used by Sponsor for marketing and promotional purposes including in any media such as exhibitions, print and digital media. All winning Contestants understand that their name, likeness and winning Submission will be used for marketing and promotional purposes including in any media such as publicity, exhibitions, print and digital media.

Winners Notification

Selected Contestants will be notified by phone or email, at the Sponsor's discretion, using the information provided in the submission form.

Selected Contestants will be required to respond (as directed) to the phone and/or e-mail notification within 72 hours of attempted notification. The failure to respond timely to the notification may result in forfeiture of the prize; and, in such case, Sponsor may choose the next highest scoring Submission from among the remaining eligible submissions.

The Selected Contestants will also be sent an affidavit of eligibility / liability / publicity release ("Release"). Unless restricted by law, each Selected Contestant will be required to complete and return the Release within the time period specified therein. Should a Selected Contestant be unwilling or otherwise unable to provide such permissions and or releases or otherwise cannot accept or receive the prize for any reason, a Contestant with the next highest score will be chosen from the remaining entries until one who is able to meet all requirements can be selected as the Grand Prize Winner and for placement in each Category as described above. Each Selected Contestant's full name, hometown and Submission will be announced to the public on or around September 12, 2008 and may be posted on Sponsor's website and in other promotional media.

Conditions; Limitation of Liability

By participating, contestants agree: (i) to be bound by these complete Official Rules and the decisions of Sponsor which shall be final and binding; and (ii) to waive any right to claim ambiguity in the Contest or these Official Rules, except where prohibited by law. By accepting a prize, Selected Contestants agree to release Sponsor, its parent, subsidiary and affiliated entities together with the respective directors, employees, officers, licensees, licensors and agents, and respective advertising and promotion entities and any person or entity associated with the production, judging, or administration of the Contest, (collectively, the "Releasees") from any and all liability, loss or damage arising from or in connection with awarding, receipt and/or use or misuse of prize or participation in any prize-related activities. Sponsor shall not be liable for: (i) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (ii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iii) any injuries, losses or damages of any kind, including death caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Contest; or (iv) any printing, typographical, administrative or technological errors in any materials associated with the Contest. Sponsor disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Contest. Sponsor reserves the right to cancel or suspend the Contest, in its sole discretion, should it receive fewer than 200 entries, or due to circumstances beyond its control, including natural disasters. Submissions may be destroyed. Sponsor may prohibit a Contestant from participating in the Contest or winning a prize if, in its sole discretion, it determines such contestant is attempting to undermine the legitimate operation of the Contest by cheating, deception, or any other unfair playing practices of intending to annoy, abuse, threaten, undermine or harass any other players or Sponsor representatives. Disputes regarding these Official Rules and/or this Contest will be governed by the internal laws of the State of California. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest should a virus, bug, computer problem, unauthorized intervention or other causes beyond Sponsor's control, corrupt the administration, security or proper play of the Contest. Sponsor may prohibit a contestant from participating in the Contest or winning prize if, in its sole discretion, it determines such contestant is attempting to undermine the legitimate operation of the Contest in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other players or Sponsor representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE CONTEST. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

Privacy

All personal information collected by Sponsor will be used for administration of the Contest and in accordance with Sponsor's privacy policy, which may include commercial email solicitation. Sponsor makes commercially reasonable efforts to comply with the Federal CAN-SPAM Act, and allows email recipients the option to opt out of receiving further email solicitations. Any questions regarding privacy matters should be directed to the address set out below. Please refer to Sponsor's privacy policy located at http://www.blurb.com/about/privacy for important information regarding the collection, use and disclosure of personal information by Sponsor.

Publicity

Except where prohibited by law, by accepting a prize, Selected Contestant agrees that Sponsor and its affiliated companies may use the Selected Contestant's name, address, Blurb profile, photograph, and/or likeness for advertising, publicity and promotional purposes without limitation or additional compensation.

Official rules and winners list

For a copy of these Official Rules, or for a copy of the winners' list, send your request in a self-addressed, stamped envelope (WA and VT residents need not affix return postage) to: The Photography.Book.Now Salon and Symposium Competition, c/o Blurb, Inc., 580 California Street, Suite 300, San Francisco, CA 94104. Request must be received by January 31, 2009.