My Discovered Universe | Official Rules

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SPONSOR

Sponsor is Aridian Publishing Corporation, P.O. BOX 33909, Indialantic, FL 32902, USA ("Sponsor" or "APC").

TERM

The My Discovered Universe monthly photography contest begins September 1, 2008 at midnight (12:00:00am) US Eastern Daylight Time (EDT) and runs each calendar month, ending on the last calendar day of each month at 11:59:00 p.m. US Eastern Standard Time (EST) (the "Contest"). Information on how to enter and prizes form part of these official rules ("Official Rules"). By submitting an entry, each entrant agrees to the Official Rules and warrants that his or her entry complies with all requirements set out in the Official Rules and Terms of Use governing www.ourundiscovereduniverse.com. This is a skill-based contest and chance plays no part in the determination of winners.

WHO MAY ENTER

Contest is open only to legal residents of the fifty (50) United States and the District of Columbia who have reached the age of eighteen years at the time of entry. Employees of Aridian Publishing and BRIO, and its subsidiaries and affiliates, and their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they live) or persons living in the same households of such employees, whether or not related are not eligible. CONTEST IS VOID IN PUERTO RICO

HOW TO ENTER

• NO PURCHASE IS NECESSARY AND A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. To enter, visit http://www.mydiscovereduniverse.com, and register your account. 
• The Galleries for entries are: (1) Space; (2) Land; (3) Sea; and (4) Air (the "Galleries"). Each entrant may submit entries in any category he/she wishes and may submit entries at different times during the entry period, but no entrant may submit more than six (6) total entries in the Galleries combined in a calendar month for consideration in the contest. If an entrant exceeds any of these limits, Sponsor may at its absolute discretion either disqualify all the entrant's entries or select at its absolute discretion entries to go forward for judging and reject the remainder.
• All photo submissions are subject to review and approval prior to displaying on My Discovered Universe. The Sponsor shall have the right (but not the obligation) in their sole discretion to review, deny, and remove photo submissions that violate the Terms of Use governing the www.ourundiscovereduniverse.com or are otherwise objectionable or deemed inappropriate. Registered members will receive an email regarding the status of their submission once reviewed.
• Each entry must comply with the following requirements (the "Photograph Requirements"):
• Photographs must be in digital format. The original, unmodified camera image must be submitted online. Only online entries will be eligible. No print or film submissions will be accepted for entry into this Contest. The photograph need not be taken with a digital camera; scans of negatives, transparencies or photographic prints are acceptable. All digital files must be 2 megabytes or smaller, must be in JPEG or .jpg format, and must be at least 1,600 pixels wide (if a horizontal image) or 1,600 pixels tall (if a vertical image).
• Photographs must have been taken within three (3) years before the date of entry, and must not have been previously published. An image that combines the elements of more than one photograph or has elements removed is not eligible. Minor burning, dodging and/or color correction is acceptable.
• Photographs that include sculptures, statues, paintings, and other works of art will be accepted as long as they do not constitute copyright infringement or fraud; provided that entrants must be prepared to provide a release form as described below in "Release". When photographing the work of others, it must be as an object in its environment and not a full-frame close up of another person's art.
• The photograph, in its entirety, must be a single work of original material taken by the Contest entrant. By entering the Contest, entrant represents, acknowledges and warrants that the submitted photograph is an original work created solely by the entrant, that the photograph does not infringe on the copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property rights of any person or entity, and that no other party has any right, title, claim or interest in the photograph.
• The photograph must not, in the sole and unfettered discretion of the Sponsor, contain obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content.
• The entries in each Category will judged separately, in accordance with the Judging Criteria, as defined below.
• All entries must be submitted and received by the last calendar day of the month at 11:59pm EST. Proof of submission is not proof of receipt.
• Entries must be made 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 who is assigned to an e-mail address by an Internet access provider, online service provider, internet domain owner, or other person or organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

RELEASES

• If the photograph contains any material or elements that are not owned by the entrant and/or which are subject to the rights of third parties, and/or if any persons appear in the photograph, the entrant is responsible for obtaining, prior to submission of the photograph, any and all releases and consents necessary to permit the exhibition and use of the photograph in the manner set forth in these Official Rules without additional compensation. If any person appearing in any photograph is under the age of eighteen in their state/province/territory of residence the signature of a parent or legal guardian is required on each release.
• Upon Sponsor's request, each entrant must be prepared to provide (within 7 calendar days of receipt of Sponsor's request) a signed release from all persons who appear in the photograph submitted, and/or from the owner of any material that appears in the photograph entry, authorizing Sponsor and its licensees ("Authorized Parties") to reproduce, distribute, display and create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known, including, but not limited to: display at a potential exhibition of winners; publication of a book featuring select entries in the Contest; and publication in OurUndiscoveredUniverse.com or MyDiscoveredUniverse.com advertisements/sites or online highlighting entries or winners of the Contest. All releases must be in the form provided by Sponsor. Failure to provide such releases upon request may result in disqualification at any time during the Contest and selection of an alternate winner. (Download the Personal Release. Acrobat Reader is required to view the download. Get the free plug-in here.).
• Similarly, upon Sponsor's request, each entrant must be prepared to provide (within 7 calendar days of receipt of Sponsor's request) a signed written license from the copyright owner of any sculpture, artwork or other copyrighted material that appears in the photograph entry, authorizing any Authorized Party to reproduce, distribute, display and create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known, including, but not limited to display at a potential exhibition of winners; publication of a book featuring select entries in the Contest; and publication in OurUndiscoveredUniverse.com or MyDiscoveredUniverse.com advertisements/sites or online highlighting entries or winners of the Contest. All releases must be in the form provided by Sponsor. Failure to provide such releases upon request may result in disqualification and selection of an alternate winner. (Download the Artist Release. Acrobat Reader is required to view the download. Get the free plug-in here.).
• Finally, upon Sponsor's request, each entrant must be prepared to provide (within 7 calendar days of receipt of Sponsor's request) a signed written license from the owner of any private property included in the photograph entry, authorizing any Authorized Party to reproduce, distribute, display and create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known, including, but not limited to display at a potential exhibition of winners; publication of a book featuring select entries in the Contest; and publication in OurUndiscoveredUniverse.com or MyDiscoveredUniverse.com advertisements/sites or online highlighting entries or winners of the Contest. All releases must be in the form provided by Sponsor. Failure to provide such releases upon request may result in disqualification and selection of an alternate winner. (Download the Location Release. Acrobat Reader is required to view the download. Get the free plug-in here.).
• For the purposes of these Official Rules, the entrant will be deemed to be in receipt of Sponsor's request or notification, (a) in the event that Sponsor sends the request by postal mail, five business days after the request was sent by Sponsor, or (b) in the event that Sponsor sends the request by e-mail, on the day that the e-mail was sent by Sponsor.

CONTEST PRIZE

• A winner will be selected monthly to receive recognition in the "winning photos" category.

JUDGING

• The contest consists of two (2) phases of evaluation for all photos in each category. In phase 1, eligible photos are rated by visitors to the website.  Each visitor may vote only once per photo.  The 10 highest rated photos will be selected for the 2nd phase. In phase 2, the MyDiscoveredUniverse.com staff will collectively select a winner based on the following criteria:

• Creativity
• Photographic quality

Monthly Winners will be chosen by the 15th of the following month and notified by e-mail by the 19th.  Decisions of the Judges are final and binding.

LICENSE

By entering the Contest, all entrants grant an irrevocable perpetual non-exclusive license to Authorized Parties, to reproduce, distribute, display and create derivative works of the entries (along with a name credit) in connection with the Contest and promotion of the Contest, in any media now or hereafter known, including, but not limited to: Display at a potential exhibition of winners; publication of a book featuring select entries in the Contest; publication in the OurUndiscoveredUniverse.com, MyDiscoveredUniverse.com or Subsequent Advertisements and Publications by APC including online highlighting entries or winners of the Contest. Entrants consent to the Sponsor doing or omitting to do any act that would otherwise infringe the entrant's "moral rights" in their entries. Display or publication of any entry on an Authorized Party's website does not indicate the entrant will be selected as a winner. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use. Additionally, by entering, each entrant grants to Authorized Parties the unrestricted right to use all statements made in connection with the Contest, and pictures or likenesses of Contest entrants, or choose not to do so, at their sole discretion. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use

LIMITATION OF LIABILITY

By entering this Contest, all entrants agree to release, discharge and hold harmless Aridian Publishing Corporation and its partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives from any claims, losses, and damages arising out of their participation in this Contest or any Contest-related activities and the acceptance and use, misuse, or possession of any prize awarded hereunder.

Aridian Publishing Corporation assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to Contest entries or entry forms; or alteration of entries or entry forms. APC is not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail entry to be received on account of technical problems or traffic congestion on the Internet or at any Web site, human errors of any kind, or any combination thereof, including any injury or damage to entrants' or any other persons' computers related to or resulting from participation, uploading or downloading of any materials related to in this Contest.

CONDITIONS

This Contest is VOID WHERE PROHIBITED. Entrants agree that this Contest shall be subject to and governed by and subject to the laws of Indialantic, FL and the forum for any dispute shall be in Indialantic, FL, United States of America. To the extent permitted by law, the right to litigate, to seek injunctive relief or to make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or on connection with this Contest are hereby excluded and any entrant expressly waives any and all such rights. Certain restrictions may apply. Entries void if the Sponsor determines the photograph to not be an original, or if the entries are illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error or obtained through fraud or theft.

By entering, entrants also agree (a) to be bound by these Official Rules; (b) that the decisions of the Judges are final and binding with respect to all matters relating to the Contest; and (c) if the entrant wins that Sponsor may use the winning photographs and each winner's name, photograph, likeness, and/or voice in any publicity or advertising relating to the Contest or future promotions without compensation or approval (except where prohibited by law). All federal, state/provincial/territorial and local taxes, fees and surcharges and taxes (whether foreign or domestic, and including income, sales, and import taxes) on prizes are the sole responsibility of the prize winners. In the event that the selected winner(s) of any prize are/is ineligible, cannot be traced or do not respond within 10 days to a winner notification as required by the "Contest Prizes" Rules above, or refuses the prize, the prize will be forfeited and Sponsor, in its sole discretion, may choose whether to award the prize to another entrant.

The Sponsor reserves the right to verify the validity and originality of any entry and/or entrant (including an entrant's identity and address) and to disqualify any entrant who submits an entry that is not in accordance with these Official Rules or who tampers with the entry process. Failure by the Sponsor to enforce any of its rights at any stage does not constitute a waiver of those rights.

RIGHT TO CANCEL OR SUSPEND CONTEST

If for any reason the Contest is not capable of running as planned, due to infection by computer virus, bugs, worms, trojan horses, denial of service attacks, tampering, unauthorized intervention, fraud, technical failures, lack of interest, lack of photo submissions or any other causes beyond the control of APC that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, APC reserves the right, at its sole discretion, to disqualify any individual(s) who tamper with the entry process, and/or to cancel, terminate, modify, or suspend the Contest without notice. If Sponsor elects to cancel or terminate the Contest, Sponsor will not retain any rights in the submitted photographs.

WINNERS LIST

Entrants are responsible for complying with these Official Rules. Winners' names will be available online at www.mydiscovereduniverse.com after the 19th of each calendar month of the contest. Alternatively, for names of winners send a self-addressed, stamped envelope to Photographic Department, Publishing Corporation, P.O. BOX 33909, Indialantic, FL 32902 attn: Photo Winners List.

DATA PRIVACY

Entrants agree that personal data, especially name and address, may be processed, shared and otherwise used for the purposes and within the context of the Contest and any other purposes outlined in these Official Rules. The data may also be used by the Sponsor in order to verify the participant's identity, postal address and telephone number or to otherwise verify the participant's eligibility to participate in the Contest. Participants have the right to access, review, rectify or cancel any personal data held by Sponsor by writing to Sponsor at Publishing Corporation, P.O. BOX 33909, Indialantic, FL 32902.

NOTICE TO INDIVIDUALS: REMOVAL FROM MAILING LIST: Any individual (or other duly authorized person) may elect to exclude the name and address of that individual from all lists used by APC to mail skill contests or sweepstakes. To elect to have an individual's name excluded from all such lists, submit a removal request in writing to: Aridian Publishing Corporation, P.O. BOX 33909, Indialantic, FL 32902. This notification system may be used to prohibit mailing of all skill contests or sweepstakes by APC to such individual.

(c) 2007-2009 Aridian Publishing Corporation. All Rights Reserved.

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