Waterfowl 360 Retriever Photo Contest Official Rules

presented by Winchester Ammunition

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    Contest Entity: Ducks Unlimited, Inc. One Waterfowl Way, Memphis, TN 38120 ("Ducks Unlimited")

    How to Enter: To enter, take an original digital photograph of a retrieving dog or dogs waterfowl hunting or in training in compliance with these Official Rules. Then visit the Ducks Unlimited Web site at http://www.waterfowl360.com/photocontest and follow the directions, including completing all registration information, to submit the photograph.

    Contest Dates: During the Contest Period there are a series of events which start and end on or about the dates and times noted below:


    Events START at 12:00:01 AM CT on Dates Noted
    Events END at 11:59:59 PM CT on Dates Noted 

    PHOTO SUBMISSION PERIOD September 17, 2012—October 19, 2012
    JUDGING TO SELECT FINALISTS AND ALTERNATES October 22, 2012—October 26, 2012 
    PUBLIC VOTING PERIOD October 29, 2012—November 2, 2012 

    Eligibility: The contest is open only to legal residents of the United States who are at least 18 years old as of the date of entry. Anyone who has ever been compensated for photography previously published in Ducks Unlimited magazine or on the Ducks Unlimited Web Site is not eligible to enter. Employees of Ducks Unlimited and their families are not eligible to enter. Only an original digital photograph you created will be eligible to win. You must verify on the entry form that the photograph is your original creation, and is not borrowed, previously published, or copied from another source. An entry may only be submitted by a single individual. Group entries will not be accepted (e.g., although different individuals might have taken part in the making of a photograph and more than one individual may appear in the photograph, only one individual may be considered to have produced and submitted the photograph). 

    Contest Conditions: Void where prohibited. No purchase necessary, nor will purchase increase your chances of winning. By participating in the Contest, you agree to be bound by these Rules and Ducks Unlimited's Privacy Policy (www.ducks.org/privacy) (collectively "Official Rules"). 

    All digital photographs submitted must show a retrieving dog or dogs waterfowl hunting or in training. All entries must adhere to the submission requirements described in the Official Rules or be subject to disqualification. 

    Entries must be received by October 19, 2012 to be eligible. For the purpose of this Contest, an entry is a digital photographic submission that follows the technical, creative and legal requirements disclosed in the Official Rules. Receipt of an entry occurs when Ducks Unlimited's server successfully receives the uploaded digital photograph and records the required entry information. Your digital photographs may be submitted anytime during the Photograph Submission Period at http://www.waterfowl360.com/photocontest

    Follow the instructions to upload your photograph. By submitting photograph and entry materials, you agree to be bound by the Official Rules and the decisions of Ducks Unlimited. 

    Photograph Format: An entered photograph must be digital. No slides or prints will be accepted for the contest or returned if mailed to Ducks Unlimited. Photographs may not exceed 10 MB. A photograph that does not meet this standard will not be entered into the contest. 

    In consideration of participating in the Contest, you hereby grant to Ducks Unlimited non-exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publish, delete or display such submission, or any portion thereof, in any media now known or hereafter devised without any further right of approval. You authorize Ducks Unlimited to utilize, for eternity and in any manner they see fit, the photograph submitted to Ducks Unlimited, and to make derivative works from such material. 

    You agree that the results and proceeds of such use shall become the property of Ducks Unlimited and/or Ducks Unlimited's licensees, and shall be freely assignable by Ducks Unlimited and that Ducks Unlimited and its assignees and licensees shall have no obligations whatsoever to you. Once submitted, a photograph may not be deleted, canceled, or modified. 

    Your entered photograph may not: 
    • include any element in which the copyright, patent, trademark, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right recognized by statute, judicial decision or regulation are not owned by you; or which are used without permission (such as company names, music, photographs, works of art, or images published on or in websites, television, movies, or other media) of its owner or which are not in the public domain;
    • contain or use materials embodying the names, likenesses, or other identifying elements of any person, living, or dead without permission; 
    • refer to a public figure; 
    • contain content that is threatening, harassing, obscene, indecent, pornographic, hateful, profane, malicious, racist, defamatory, libelous, treasonous, excessively violent or that promotes the use of violence, promotes illegal drugs, or any other offensive or inappropriate content all as determined by Ducks Unlimited in its sole discretion; 
    • defame, misrepresent, or disparage persons or companies, including, but not limited to Ducks Unlimited; 
    • promote a political agenda regardless of the political affiliation; and 
    • violate any applicable law, treaty, court order, ordinance, or regulation or contains any content that may violate any applicable law, treaty, court order, ordinance, or regulation.
    The use of third-party software or website or automated entry systems to participate in this Contest in any way is prohibited. Automated, script, macro or robotic entries submitted will be disqualified. 

    The Ducks Unlimited judging staff will review each photograph received and will accept as official entries only those photographs on the Contest Web Site that conform to these Official Rules, as determined by Ducks Unlimited in their sole discretion ("Eligible Photograph(s)"). An entry that does not comply with these Official Rules, as determined at Ducks Unlimited's sole discretion, will be disqualified from the Contest. Decisions of Ducks Unlimited are final and binding.


    Judging to Determine Finalists and Alternates: All Eligible Photographs received during the Photograph Submission Period will be judged by a panel composed of members of the Ducks Unlimited staff ("Panel"). Based on the Panel's scores, the top five (5) photographs will be designated as "Potential Finalist(s)" and the next five (5) highest scoring photographs designated as "Alternates". In the event of a tie, all tied Eligible Photographs will be re-judged by an additional judge selected by Ducks Unlimited who will break the tie. The judges' decisions are final and binding in all matters relating to this Contest.

    Potential Finalist and Alternate Notification: If you are a Potential Finalist or Alternate you will be notified by e-mail on or about October 21, 2012 and will be required to sign and properly execute the following documents and return them via e-mail or facsimile to Ducks Unlimited by October 21, 2012: (1) a Personal Release; (2) an Affidavit of Eligibility and Liability Waiver; and (3) a Publicity Release. If any document sent to you is returned as undeliverable or if you fail to properly execute and return all documents described herein in the time noted, or if you are found not to be eligible or not in compliance with these Official Rules, you will be disqualified and, at the sole discretion of Ducks Unlimited the next highest scoring Eligible Photograph may be selected at the sole discretion of Ducks Unlimited. 

    Public Voting to Determine Winner: At the commencement of the Public Voting Period set forth above, the Finalist Photographs that have been cleared, if any, will be posted for public voting at http://www.waterfowl360.com/photocontest. If Ducks Unlimited does not receive a sufficient number of eligible photographs, Ducks Unlimited reserves the right to post fewer than five (5) Finalists. During the Public Voting Period persons may vote once to select their favorite photograph. Votes in excess of stated maximum by a single person will be disqualified. At the conclusion of the Public Voting Period, the votes will be tabulated. The Finalist receiving the most votes will be deemed the Winner. In the event of a tie, all tied entries will be re-judged by a judge selected by Ducks Unlimited, who will break the tie. The judges' decisions are final and binding in all matters relating to this Contest. 

    The Prize Winners will be announced at "http://www.waterfowl360.com/photocontest" on or about November 7, 2011 and in the November 7, 2012 Ducks Unlimited E-newsletter.


    Winchester Blind Side Waterfowl Ammunition (3 Cases/750 rounds of ammunition of 3 inch, No. 2 Shot)
    Designation as a Winner is subject to proof of compliance with Official Rules, maintaining compliance with these Official Rules and approval by Ducks Unlimited.


    Custom Framed Print
    Custom framed print of the winning photograph. The custom frame is handcrafted from vintage barnwood and will feature a commemorative plaque.


    By participating in the Contest, you represent and warrant that:
    • your idea and photographic submission and all elements thereof satisfy the Official Rules; 
    • you have obtained all of the rights, licenses, and permissions in writing from each person (or from parent/legal guardian if person(s) in submitted photograph are considered minors in their state of residence) who appeared in or helped to create the submitted photograph and the submitted photograph does not infringe or violate the rights of any third party, including but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights; 
    • the submitted photograph is your original work; 
    • the submitted photograph has not previously been published or won an award or prize of any kind; 
    • the submitted photograph does not include any element in which the copyright, patent, trademark, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right recognized by statute, judicial decision or regulation that is not owned by you or is not in the public domain; 
    • the submitted photograph is not subject to any third party agreements, and that Ducks Unlimited will not be required to pay or incur any sums to any person or entity as a result of the use, exhibition or exploitation of the idea or photograph or elements therein; 
    • the submitted photograph does not contain content that is threatening, harassing, obscene, indecent, pornographic, hateful, profane, malicious, racist, defamatory, libelous, treasonous, excessively violent or that promotes the use of violence, promotes illegal drugs, or any other offensive or inappropriate content that is likely to be considered offensive by Ducks Unlimited or could adversely affect the name, reputation, or goodwill of Ducks Unlimited; 
    • the submitted photograph does not refer to a public figure; 
    • promote a political agenda regardless of the political affiliation; and 
    • the submitted photograph does not violate any applicable law, treaty, court order, and ordinance, or regulation or contain any content that may violate any applicable law, treaty, court order, ordinance, or regulation.
    Potential Finalists and Alternates consent to the use of their name, likeness, and biographical information in advertising and promotional material without additional compensation. 

    By participating in the Contest, you agree that neither Ducks Unlimited nor any of its respective parents, subsidiaries, affiliates and each of their respective officers, directors, shareholders, volunteers, agents and employees, nor any Internet access providers (collectively "Released Parties") are responsible for incorrect or inaccurate entry of information, human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone, computer or other network, computer equipment, software or any combination thereof, inability to access the Ducks Unlimited Web site, for problems uploading or downloading any Contest-related materials from the Web site, or for late, lost, damaged, misdirected, incorrect or incomplete entry. 

    By participating in the Contest, you agree to release and hold harmless the Released Parties from and against any and all claims, actions and/or liability for any violation of the Official Rules by you (including any warranties made by you), any injuries or death, loss or damage of any kind arising from or in connection with your participation in and/or entry into the Contest. If you attempt to tamper with this Contest in any way you shall be disqualified. In the event of dispute as to who submitted an online entry, the entry will be deemed submitted by the Authorized Account Holder of the e-mail address submitted at the time of entry. "Authorized Account Holder" is defined as the natural person assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses for the domain associated with the email address in question. 

    Ducks Unlimited reserves the right, at its sole discretion, to cancel, terminate, modify or suspend this Contest or any portion hereof at any time for any or no reason, or to disqualify any individual implicated in any of the following actions: (a) failure to comply with the Official Rules; (b) infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes which, in Ducks Unlimited's opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, (c) the Contest or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper processing of entries per these rules, or (d) the Contest is otherwise not capable of running as planned. 

    All taxes, fees and required insurance (if applicable) on prizes are the sole responsibility of the winners. Any valuation of the prize(s) stated above is based on available information provided to Ducks Unlimited, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner must provide Ducks Unlimited with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS. No substitution or transfer of prize is permitted. There is no cash equivalency, and no person other than the winner may take possession of the prize. 

    This Contest is governed, interpreted and enforced under the laws of the State of Tennessee without regard to its conflicts of law principles. As a condition of participating in this Contest, you agree that any and all legal actions, claims or proceedings arising out of, or in connection with this Contest must be brought in a court of competent jurisdiction in Shelby County in the State of Tennessee. 

    For purposes of these Official Rules, any entry information collected from the Contest shall be used in a manner consistent with these Official Rules, and the Privacy Policies of Ducks Unlimited.

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