2011 "KODAK MARCH PHOTO CRAFT CONTEST"
Tips & Projects Exchange Contest
Sponsor/Administrator: “Sponsor” or “KODAK”: Eastman Kodak Company, 343 State Street, Rochester, NY
14614. “Administrator”: US Sweepstakes & Fulfillment Company, 625 Panorama Trail (Bldg. 2, Suite 100),
Each submitted entry must be an original creation of the Entrant. The Entrant must either (i) own the rights to the photograph and all artwork, (ii) obtain permission for any and all third party content, and (iii) provide credit to all third party content owners. Entry must be in keeping with Sponsor’s image and may not be offensive, as determined by the Sponsor, in its sole discretion, nor can it defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights, including but not limited to intellectual property rights, and the right to submit or use it shall not be restricted. Once submitted, entries become the sole property of Sponsor. Sponsor reserves the right in its sole discretion to decide if an entry is appropriate for posting or publication, and may disqualify any entry, at any time, if it is determined, in Sponsor’s sole discretion, that the entry is not appropriate, or, that the entrant has not complied with these Official Rules.
By submitting an entry, entrant gives permission (and warrants and represents that he/she has obtained all rights necessary to give such permission) to Sponsor to post the entry on the World Wide Web, and to otherwise use the entry in accordance with the requirements of this Contest and the advertising, promotion, and publicity of the Contest, and otherwise, as stated in these Official Rules (as solely determined by Sponsor). Entrants further warrant and represent (a) that their entry does not violate any law or regulation, (b) that their entry does not violate or infringe any right, of any third party, including but not limited to intellectual property rights, such as but not limited to, rights of copyright, trademark or patent, or rights of publicity and/or privacy, and is not defamatory, slanderous or libelous or portray any person in a false light, and (c) that the entry is entrant’s own original work and that he/she owns or controls all right, title and interest in the entry, including but not limited to its copyright, (d) that the entry does not contain any viruses, bugs, or other deleterious material, and (e) that the entrant has followed these Official Rules. No portion of the entry may contain, among other things, the trademark, trade name or logo of any third party, and cannot contain any material that is protected by copyright. Submitting an entry that is copyrighted by another individual will make you responsible for any legal action the legal copyright holder might take against you.
Any entrant may be required to obtain written permission and/or provide releases, as solely determined by Sponsor to post the entry and/or to otherwise use the entry in accordance with the requirements of this Contest, and the advertising, promotion, and publicity of this Contest, and Official Rules. The form of any such permission or release will be as solely determined by, or acceptable to, Sponsor. Failure by Sponsor to request such permission(s) and/or release(s) is not a waiver of Sponsor’s right to require same, and entrant (and entrant’s parent/legal guardian if entrant is a minor) acknowledges that failure to comply with any such request may cause disqualification. By entering, entrant agrees to indemnify and hold harmless Sponsor and Administrator from any action or liability resulting from the publishing of his/her entry and/or use of the entry as otherwise permitted by these rules.
Entrants grant Sponsor all rights of ownership, reproduction, and use of entries for any purpose whatsoever without compensation or further permission, including but not limited to an irrevocable and perpetual, royalty-free, worldwide right, in all media (now known or later developed) to assign, use, publish, edit, adapt, modify, alter, reproduce, distribute, display, copyright, create derivative works or otherwise exploit entries, for commercial or non-commercial use, and without compensation to the entrant. By entering the Contest, each entrant waives any and all rights he or she may have to the entry statement and photograph. To the extent entrant has any rights in the entry statement and photograph, the entrant assigns all such rights to Sponsor by entering the Contest.
3. SELECTION OF WINNERS: All eligible Entries will be posted on the Tips & Projects Exchange (http://exchange.kodak.com) and judged by the Sponsor, whose decisions regarding this Contest are final and binding in all respects, based on the following criteria (“Judging Criteria”): creativity and originality (50%), effective use of photography (25%), Execution": "Project Execution: completeness, presentation, tidiness (25%). The ten (10) Entries with the highest scores will advance to the final round (“Final Round Entries”). In the event of a tie, the tie will be broken based on the highest score in the “Creativity and originality” judging criteria. If tie continues, then tie(s) will be broken by the Entry with highest cumulative score in the “Effective use of Photography” judging criteria as needed, to break the tie. The Final Round Entries will be judged by celebrity crafter Cathy Cano-Murillo, based on the same judging criteria. Scores from the first round of judging will not be added to the final round score. The three Entries with the highest scores will receive a prize as set forth below. In the event of a tie, the tie will be broken based on the same tie-breaker method as set forth above.
4. PRIZES: There are a total of 3 prize winners. Eligible prize winners will receive the prize detailed below:
Prizes: Grand Prize: One (1) KODAK ESP 7250 All-in-One Printer with a retail value of $179.95 and one (1) Kodak PLAYTOUCH Video Camera with a retail value of $199.95; a total retail value of $379.90 2nd Prize: One (1) KODAK ESP 7250 All-in-One Printer with a retail value of $179.95 3rd Prize: One (1) KODAK ESP C310 All-in-One Printer with a retail value of $99.95
Prizes are non-transferable and cannot be substituted by the winner. EASTMAN KODAK COMPANY may substitute a prize of equal or greater value in its sole discretion. An individual may only win one-time over the course of the contest. Federal, state and local taxes associated with the acceptance of the prize are the sole responsibility of the winner. Unclaimed or rejected prizes will not be awarded.
5. REDEEMING PRIZES: Winners will be notified by email on or about May 15, 2011. Once notified, if the potential winner fails to respond to the email address provided by the administrator of EASTMAN KODAK COMPANY within five days of notification with complete legal name and mailing address, the prize will be forfeited and the next highest scoring entrant will be notified. Sponsor may require winners to sign and return an affidavit of eligibility and liability and publicity release within specified time period, or the prize may be forfeited. Unless otherwise agreed by EASTMAN KODAK COMPANY, winners will receive their prize via U.S. Mail, FedEx or United Postal Service within two to three weeks of wining. Neither EASTMAN KODAK COMPANY nor its agencies are responsible for lost, late, stolen, misdirected, delayed or damaged prizes.
6. GENERAL: All federal, state and local laws apply. By participating, entrants agree (i) to be bound by these Official Rules, including all eligibility requirements, and (ii) to be bound by the decisions of EASTMAN KODAK COMPANY, which are final and binding in all matters relating to the Contest. EASTMAN KODAK COMPANY is not responsible for: (i) lost, late, misdirected, damaged, garbled or illegible entries; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by EASTMAN KODAK COMPANY on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Contest. EASTMAN KODAK COMPANY reserves the right to permanently disqualify from this Contest any person it believes has violated these Official Rules. By accepting or participating in a prize, each winner irrevocably consents to the use of such winner's name, likeness, image, voice, performance (in connection with interviews and other recordings), biographical information, and statements relating to the Contest or EASTMAN KODAK COMPANY Affiliates, without further compensation, in all world-wide marketing, promotion, and publicity carried out in perpetuity by any of EASTMAN KODAK COMPANY Affiliates in connection with this Contest. EASTMAN KODAK COMPANY reserves the right to terminate, cancel, suspend and/or modify the Contest if any fraud, virus or other problem corrupts the administration, security, or proper play of the Contest, as determined by EASTMAN KODAK COMPANY in its sole discretion. If Contest is terminated before the end date/time, Sponsor will determine the winner from all eligible entries received as of the termination date/time. If any such malfunction, error, disruption or similar damage occurs and impairs the administration, security, fairness, integrity or proper play of the Contest, EASTMAN KODAK COMPANY may, in its sole discretion, suspend or terminate the Contest by posting a notice at www.kodak.com.
7. DISCLAIMERS: Under no circumstances, including negligence, shall any of EASTMAN KODAK COMPANY Affiliates be liable for any direct, indirect, incidental, special or consequential damages, including without limitation, property damage, personal injury and/or death, resulting from participation in the Contest or acceptance, use or misuse of any prize. Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, the entrant agrees that, by entering the Contest, (a) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or any prizes awarded, shall be resolved individually without resort to any form of class action; (b) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorney's fees; and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses. Entrants hereby acknowledge that EASTMAN KODAK COMPANY Affiliates have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied (including, but not limited to warranties of any kind concerning the appearance, safety or performance of any prize), in fact or in law, relative to any prize. Each winner shall bear all risk of loss or damage to his/her prize after it has been delivered to such winner via U.S. Mail, FedEx, United Parcel Service, or any other shipping agent.
8. Winners' Names: For names of winners, please send a self-addressed stamped envelope, (postage not required for Vermont residents) to: EASTMAN KODAK COMPANY, Attention: Shruti Goradia; 343 State St. Rochester, NY 14650.