Punctum Day Awards
2009 Punctum Day Awards – Best of the Year
Official Rules & Regulations
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.
Background: iStockphoto® conducts contests from time to time, the details of which may vary. In addition to the particular elements of the current "Punctum Day Awards – Best of the Year" contest (the "Contest") that are provided on the iStockphoto website, www.istockphoto.com (the "Site"), the following rules, regulations and guidelines (collectively, the "Contest Rules") apply to the Contest.
- Eligibility: The Photo of the Year, Vector of the Year, Flash® file of the Year, Video of the Year, and Audio track of the Year Contest categories are open to both current exclusive and non-exclusive contributing members of iStockphoto who have had a file approved by iStockphoto between July 1, 2008 and July 5, 2009 and the Design of the Year Category is open to all current iStockphoto members who have had a design selected by iStockphoto as a "design of the week" between July 1, 2008 and July 5, 2009, provided that those members of iStockphoto are at least the age of majority in their jurisdiction of residence and who are legal residents of the United States (excluding Rhode Island, Florida and New York) or Canada (excluding Quebec) or of a country or jurisdiction in which the Contest Rules fully satisfy all legal requirements for a contest of this nature. The Contest is void or the entrant is ineligible where the legal requirements or restrictions of any jurisdiction prohibit or render illegal the Contest or the eligibility of entrants at the time of entry. iStockphoto, in its sole discretion, shall determine the eligibility of member entrants. The following individuals are not eligible: employees, directors and officers of iStockphoto, Contest judges and each of their respective parent, subsidiary and affiliated companies, distributors, advertising or other agencies involved in the administration, development, fulfillment and execution of this Contest and the immediate family members and those living in the same households of each such employee, director or officer (collectively, the "Contest Parties"). Members who are short-listed after preliminary voting in any Category may opt-out of participation in the Contest. Eligible members may only qualify for one prize. There is no cost to participate and no purchase is necessary. Preliminary voting to establish the top ten (10) short-list, for each Category is open to all members of the iStockphoto community regardless of enrollment date. Members have one vote in each Category. Once a member has voted in a Category, the member will be unable to change the member's vote.
- Categories: There are six (6) "Categories" in the Contest as follows:
- Photo of the Year
- Vector of the Year
- Flash® file of the Year
- Video of the Year
- Design of the Year
- Audio track of the Year
- Contest Schedule: Member voting will occur between 12:01 a.m. Mountain Standard Time, July 6, 2009 and 11:59 p.m. Mountain Standard Time, July 24, 2009. The top ten finalists in each Category will be announced on August 6, 2009. Winners will be announced on August 19, 2009.
- Eligible Content and Designs Criteria:
- Content and Design Requirements: Eligible content includes original Photo, Vector, Flash®, Video or Audio, as the case may be, submitted by eligible members and approved by iStockphoto between July 1, 2008 and July 5, 2009. Eligible Designs are those selected by iStockphoto as an iStockphoto "design of the week" between July 1, 2008 and July 5, 2009 and which were submitted by an eligible member.
- No Logos, Trademarks or Other Copyrighted Material: Photos, Vectors, Flash®, Videos, or Audio may not contain recognizable logos, trademarks or other copyrighted elements. Designs may include logos and trademarks subject to the following: any top ten (10) finalists in the Design Category will be required to supply proof of authorization to participate in the Contest and receive any prize from all parties that have any intellectual property rights or other rights in the Design. Failure to do so will result in the Design being disqualified from the Contest.
- Other Content Restrictions: At iStockphoto's sole discretion, Photos, Vectors, Flash®, Videos, Audio or Designs containing material that is considered obscene, pornographic, defamatory, hateful, otherwise offensive or content which would displayed on the Site only with the adult content filter turned "off" are not eligible for the Contest and are not eligible for prizes.
- Release Required: Model and property releases are required for all recognizable people and property. To the extent not already provided to iStockphoto, written copies of such releases must be made available upon request.
- Selection of Winners: All Photos, Vectors, Flash®, Video, Audio and Design on the Site which meet the Eligible Content and Design Criteria above are qualified for the Contest. Members of the iStockphoto community will vote online for their favorite Photo, Vector, Flash®, Video, Audio and Design. The top ten (10) finalists in each Category (Photo, Vector, Flash®, Video, Audio and Design) that meet the Eligible Content and Design Criteria and otherwise meet the terms of the Contest Rules, which receive the highest number of votes will be submitted to the Contest judges for final review and selection of the winner of each Category. Each eligible member may only be a top ten (10) finalist in one Category. In the event that an eligible member is a top ten (10) finalist in more than one Category after member voting, the Category in which the eligible member's Photo, Vector, Flash®, Video, Audio or Design is ranked the highest will be the Category in which the member participates. In the event of a tie, iStockphoto, in its sole discretion, will select which Category the member will participate in on the basis of perceived quality, creativity and artistic merit. The Contest judges will review the top ten (10) short-lists in each Category and will select the winner in each Category. Photo, Vector, Flash®, Video, Audio and Design will be judged based on perceived quality, creativity and artistic merit. In the event of a tie among the judges, iStockphoto, in its sole discretion, will select the winner(s) based on the perceived quality, creativity and artistic merit.
- Notification of Top 10 Finalists: iStockphoto will contact all top ten (10) finalists in each Category by email using the address associated with the finalist's iStockphoto member name. Upon such email notification, the member has 72 hours from the time the email is sent by iStockphoto to the member to respond by return email. The member may elect to exclude his or her Photo, Vector, Flash®, Video, Audio and Design, as the case may be, from the Contest in which case it will be removed from the top ten(10) short-list and not be eligible to win a prize. Failure to respond within the 72 hour period specified will result in the member being disqualified from the Contest. In the event a member elects to have his or her Photo, Vector, Flash®, Video, Audio and Design excluded from the Contest or a member fails to respond within the 72 hour period, iStockphoto shall include the next highest ranked member's content for that Category in the top ten (10), short-list. This process shall continue until the top ten (10) short-lists are filled for each Category. iStockphoto shall have sole discretion in determining the eligibility of any member or any Photo, Vector, Flash®, Video, Audio and Design and its determination of the top ten (10) finalists in each Category are final.
- If the member elects to remain a top ten (10) finalist, the member:
7.1 REPRESENTS AND WARRANTS THAT:
- THE MEMBER OWNS THE RIGHT, TITLE AND INTEREST IN AND TO THE PHOTO, VECTOR, FLASH®, VIDEO, AUDIO AND DESIGN, AS THE CASE MAY BE, OR, IN THE CASE OF DESIGN, THE MEMBER OWNS ALL RIGHT, TITLE AND INTEREST IN AND TO THE DESIGN OR HAS THE RIGHT TO ENTER THE DESIGN INTO THE CONTEST WITHOUT RESTRICTION AND WITHOUT LIABILITY TO THE CONTEST PARTIES.
- THE MEMBER'S CONTENT OR DESIGN IS ORIGINAL AND HAS BEEN LEGALLY CREATED.
- THE MEMBER'S CONTENT OR DESIGN DOES NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS, PRIVACY OR PUBLICITY RIGHTS OR ANY OTHER LEGAL OR MORAL RIGHTS OF ANY THIRD PARTY, OR VIOLATE APPLICABLE LAWS OR REGULATIONS.
7.2 Irrevocably grants to the Contest Parties the unconditional and perpetual right to copy, reproduce, encode, store, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times), member name, address, image, voice, likeness, statements, biographical material and Photo, Vector, Flash®, Video, Audio and Design , as the case may be, in any media now known or hereafter developed though out the world for any purpose, without limitation, and without additional review, compensation, notice to, or approval from member or any other party; and
7.3 Agrees to indemnify and hold harmless the Contest Parties from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against any of the Contest Parties due to or arising out of member’s Photo, Vector, Flash®, Video, Audio and Design, as the case may be, or Member’s conduct during and in connection with this Contest, including but not limited to any claims for trademark, copyright, or other intellectual property right infringements, right of publicity, right of privacy or defamation whether arising in contract, tort (including negligence) or any other legal theory.
- Notification of Winners: The winners will be notified by email or regular mail and must sign and return a confirmation of eligibility and agreement with these Contest Rules, any required releases, and any other requested documents within the time period stated in the documents. Failure to comply with this requirement may result in disqualification. Any notification returned as undeliverable may result in disqualification. In the event of a dispute about the identity of a winner, entries will be deemed to be submitted by the member of record for the member ID associated with the Photo, Vector, Flash®, Video, Audio or Design.
- Canadian Winner: Any potential winner resident in Canada will be required to answer a "skill testing question". The skill test will be administered by telephone at a mutually convenient time. Any potential winner will be required to answer the skill testing question without electronic, mechanical or other assistance and there will be a time limit for providing the answer. Any potential winner may be required to sign a declaration confirming compliance with these requirements.
- Odds of Winning: The odds of winning depend upon the total number of eligible Photo, Vector, Flash®, Video, Audio and Designs, the number of eligible Photo, Vector, Flash®, Video, Audio and Designs approved by iStockphoto for a given member (or in the case of Designs, selected as a "design of the week" by iStockphoto), the perceived quality, creativity and artistic merit of each eligible Photo, Vector, Flash®, Video, Audio and Designs and the total number of votes. iStockphoto reserves the right to disqualify any Photo, Vector, Flash®, Video, Audio and Designs for failure to meet Contest requirements, including without limitation member ineligibility, failure to produce releases upon request and for any other reason. All decisions of iStockphoto with respect to the Contest are final.
- Prizes: ALL IMPORT DUTIES AND TAXES ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. iStockphoto reserves the right to withhold any taxes as required by applicable law. Failure of iStockphoto to withhold any such tax does not relieve the winner of any obligation to pay such taxes. Prizes are not transferrable. No substitutions (including for cash) are permitted, except that iStockphoto reserves the right to substitute prizes of equal or greater monetary value if for any reason a prize cannot be awarded as contemplated in these Contest Rules. The winner may be required to supply a Social Insurance Number or equivalent taxpayer ID if outside Canada prior to the award of the prize. Winners are also responsible for any import tariffs depending upon their jurisdiction of residence and all transportation to and from the venue where the prizes may be enjoyed.
One Winner will be selected in each Category. Prizes are as follows:
Members may only win in one Category.
- Photo of the Year - $5,000 US
- Vector of the Year - $5,000 US
- Flash® file of the Year - $5,000 US
- Video of the Year - $5,000 US
- Audio track of the Year - $5,000 US
- Design of the Year - $5,000 US
- Disclaimer and Limitation of Liability: ISTOCKPHOTO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR MEMBER’S PARTICIPATION IN THE CONTEST. ISTOCKPHOTO SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM OR RELATES TO THE CONTEST OR PARTICIPATION IN IT, OR WINNING OR USING A PRIZE, WHETHER ARISING IN CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO: (1) LATE, LOST, DELAYED,DAMAGED, MISDIRECTED, INCOMPLETE OR UNINTELLIGIBLE CONTENT; (2) CONTENT THAT IS OTHERWISE ELIGIBLE BUT WHICH IS NOT ABLE TO BE VIEWED OR FOR WHICH VOTES CANNOT BE REGISTERED FOR ANY REASON; (3)TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK INTERNET OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; (4) FAILED, INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS; (5) THE DOWNLOADING OF ANY MATERIAL IN CONNECTION WITH THIS CONTEST; (6) THE OPERATION OF THE SITE SEARCH ENGINE AND THE RANKING OF CONTENT IN THE SEARCH RESULTS; AND (7) ANY OTHER CONDITION THAT MAY CAUSE THE CONTEST TO BE DISRUPTED OR CORRUPTED. ISTOCKPHOTO RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL THE CONTEST OR ALTER THE RULES FOR ANY REASON, INCLUDING WITHOUT LIMITATION, IN THE EVENT A COMPUTER VIRUS, TECHNICAL PROBLEM OR OTHER UNFORSEEN EVENT ALTERS OR CORRUPTS THE ADMINSTRATION OF THE CONTEST.
- Release: BY VOTING IN THE CONTEST OR ELECTING TO PERMIT MEMBER’S IMAGE, VECTOR, FLASH®, VIDEO, AUDIO OR DESIGN TO REMAIN IN THE TOP TEN (10) SHORT-LIST OF ANY CATEGORY, MEMBER AGREES TO RELEASE AND HOLD HARMLESS THE CONTEST PARTIES FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION, THOSE RELATED TO PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, INFRINGEMENT OR INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION) ARISING OUT OF OR IN CONNECTION WITH: (1) ENTERING THE CONTEST; (2) ACCEPTANCE OR USE OF ANY PRIZE; OR (3) OTHERWISE ARISING OUT OF OR RELATING TO THE CONTEST, AND WHETHER ARISING IN CONTRACT, TORT OR OTHER LEGAL THEORY.
- Governing Law: The Contest and the rights and obligations of iStockphoto and members are governed by and controlled by the laws of the Province of Alberta, Canada, without reference to the applicable conflict of law provisions. Members and iStockphoto consent to the exclusive jurisdiction of the courts of the Province of Alberta and federal court with respect to any action, dispute or other matter pertaining to or arising out of the Contest.
- Questions: All questions regarding the Contest should be directed by e-mail to firstname.lastname@example.org (clearly indicating "Punctum" in the subject line).