Official Rules

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Nikon® D60 Moving Moments Photo Contest

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Eligibility: Nikon® D60 Moving Moments Photo Contest (the “Contest”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry and who have access to photo-capturing and uploading equipment as of May 9, 2008. Ashton Kutcher and the employees of Nikon Inc., McCann Relationship Marketing, Inc., McCann-Erickson USA, Inc., Interpublic Group of Companies, Katalyst, ePrize, LLC, and any of their parent and affiliated companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible.The Contest is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.

2. Sponsor: Nikon Inc., 1300 Walt Whitman Road, Melville, NY 11747. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.

3. Agreement to Official Rules: By participating in the Contest, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and/or Administrator, which are final and binding in all matters related to the Contest. Whether an entrant receives a prize is contingent upon fulfilling all requirements set forth herein.

4. Timing: The Contest begins on May 23, 2008 at 12:00 p.m. Eastern Time ("ET") and ends on July 15, 2008 at 11:59 a.m. ET (the "Contest Period"). The Contest consists of three (3) phases as set forth in the chart below.

Phase Starts Ends
Submission 5/23/08 at 12:00 p.m. ET 6/20/08 at 11:59 a.m. ET
Judging 6/21/08 at 12:00 p.m. ET 6/24/08 at 11:59 a.m. ET
Voting 6/25/08 at 12:00 p.m. ET 7/15/08 at 11:59 a.m. ET

Sponsor’s computer is the official time-keeping device for the Contest.

5. How to Enter: During the Submission Phase of the Contest Period, visit www.ashtonsD60.com and follow the links and instructions to complete the registration, including a valid home address.  P.O. Boxes are not permitted.  After registering, follow the links and instructions to upload a photo of one of your favorite "moving moments," a name for the photo, a truthful description of the "moving moment" not to exceed one hundred (100) words or three hundred (300) characters, including punctuation and spaces, and the category (Nature & Landscape, People & Portraits, Sports & Action, Pets & Wildlife, or Travel & Culture) under which you want the photo displayed (the "Entry"). If you would like to upload more Entries immediately, follow the links and instructions to do so; if you would like to upload more Entries at a later time, return to www.ashtonsD60.com and follow the directions above.  By completing the registration and submitting your Entry, you represent, warrant and agree that it conforms to the Photo Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove your photo and disqualify you from the Contest if it believes, in its sole discretion, that your photo fails to conform to the Guidelines and Restrictions.

Photo Guidelines:

Content Restrictions:


For all Entries: Entrant must be the sole creator and owner of and possess all rights to the photo and truthful description thereof, have secured written right of privacy or publicity releases from all persons, if any, appearing in the photo, and deliver such releases to Sponsor upon its request, or such Entry will be disqualified. Entrants may access a sample release form by clicking here. All Entries will become the exclusive property of Sponsor, and none will be acknowledged or returned. Sponsor shall have the right to edit, adapt and publish any or all of the photos and/or the truthful descriptions thereof provided by the entrant, and may use them in any media without attribution or compensation to the entrant, his/her successors or assigns, or any other entity. SUBMITTING AN ENTRY IN THIS CONTEST CONSTITUTES ENTRANT’S IRREVOCABLE ASSIGNMENT, CONVEYANCE AND TRANSFERENCE TO SPONSOR OF ANY AND ALL RIGHT, TITLE, OWNERSHIP AND INTEREST IN AND TO THE PHOTO INCLUDING, WITHOUT LIMITATION, ALL COPYRIGHTS. Sponsor is not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected photos, which are disqualified.

6. Winner Determination: Winners will be determined via the process set forth below.

(a) Judging Phase: During the Judging Phase, qualified judges determined by Sponsor in its sole discretion will select the entrants with the one hundred twenty (120) Entries with the highest scores out of 100 total points (the “Finalists”), based on the following criteria (“Judging Criteria”):

In the event that fewer than one hundred twenty (120) Entries are submitted, all such Entries shall be deemed Finalists. In the case of a tie, the entrant whose Entry received the highest score for the Fit with the "Moving Moments" Theme will be deemed the Finalist. The category designation for the Entry will have no bearing on the Judging.

(b) Voting Phase: During the Voting Phase, the Finalists’ Entries will be posted at www.ashtonsD60.com. Members of the public who have Internet access will be invited to vote for their favorite Entry/Entries. Limit: Each participant may vote up to one (1) time per Entry per day during the Voting Phase. Each of the sixty (60) entrants whose Entries receive the highest number of votes will be a potential First Prize winner. The entrant whose Entry receives the highest number of votes overall will also be the potential Grand Prize winner. In case of a tie, the Sponsor, in its sole discretion, will select as the potential winner from the tied Entries, the entrant whose Entry received the highest score for Fit with the "Moving Moments" Theme during the Judging Phase.

For the Voting Phase: Multiple voters are not permitted to share the same IP address. Any attempt by any voter to submit more than the stated number of votes by using multiple/different IP addresses, email addresses, identities or any other method will void that voter’s Entries (if any) and votes and he/she will be disqualified from further participation in the Contest. Use of any automated system to vote is prohibited and will result in disqualification of such vote(s). Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected votes, which will be disqualified. In the event of a dispute as to any vote, the authorized account holder of the IP address used to vote will be deemed to be the voter. The “authorized account holder” is the natural person assigned an IP address by an Internet access provider, online service provider or other organization responsible for assigning IP addresses for the domain associated with the submitted address.

7. Winner Requirements: Potential winners will be notified by email, mail or phone on or around July 16, 2008. Each potential Grand and First Prize winner (or parent/legal guardian if winner is a minor in his/her state of residence) will be required to execute and return to Administrator, within five (5) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in the form provided by the Administrator, including winner's social security number (“Affidavit”) in order to claim his/her prize. Winners may be required to prepare certain tax forms prior to receiving prizes. Winners will also be required to provide to Sponsor a written right of privacy or publicity release for each person, if any, appearing in any submitted photo within five (5) days following attempted winner notification. If a potential winner cannot be contacted, fails to execute and return the Affidavit and/or the written right of privacy or publicity release for persons in the photo within the required time period, or prize is returned as undeliverable, potential winner forfeits the prize. If the potential Grand Prize winner is disqualified for any reason, the entrant whose Entry received the next highest number of votes during the Voting Phase will be deemed the potential Grand Prize winner; if a potential First Prize winner is disqualified for any reason, the entrant whose Entry received the next highest score as determined during the Voting Phase will be deemed the potential First Prize winner. Only three (3) alternate winners will be selected through this process, after which the applicable prize will remain un-awarded. Acceptance of any prize shall constitute and signify each winner’s agreement and consent that Sponsor may use the winner’s name, city, state, likeness, Entry and/or prize information in connection with the Contest or otherwise, worldwide, including the Internet, without limitation and without further payment or consideration, except where prohibited by law. Administrator shall deliver the prizes to the winners at the address provided by the winner during registration, by any delivery method elected by the Administrator.

8. Prizes: ONE (1) GRAND PRIZE: A trip for two (2) to Los Angeles to attend The Hollywood Style Awards. Trip package includes roundtrip, coach-class air transportation for two (2) from an airport near winner's home (determined by Sponsor in its sole discretion) to Los Angeles, CA; two (2) nights accommodations at hotel determined by Sponsor in its sole discretion (single room, double occupancy); ground transportation between hotel and airport; two (2) tickets to the Hollywood Style Awards show on Sunday, October 12, 2008 (seating determined by Sponsor in its sole discretion); and $500 spending money. If the winner is unable to travel on dates surrounding the Hollywood Style Awards show, that portion of the prize is forfeited in its entirety and no substitution will be provided. In any case, the winner must travel within one (1) year of the drawing date, or forfeit the prize. Approximate Retail Value (“ARV”): $3,300. Actual value may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value. Trip must be booked at least twenty-one (21) days prior to departure. Trip is subject to availability and blackout dates. Travel must be roundtrip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Contest, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Unless a child of the winner, travel companion must be eighteen (18) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the winner. If winner is a minor in his/her state of residence, travel companion must be winner’s parent/legal guardian. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. If, in the judgment of Sponsor, air travel is not required due to winner’s proximity to prize location, ground transportation will be substituted for roundtrip air travel at Sponsor’s sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Sponsor is not responsible if Hollywood Style Awards show is delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion. SIXTY (60) FIRST PRIZES: Nikon® D60 Camera Kit (including a Nikon® D60 camera body, Image Stabilization lens, Rechargeable Battery, Charger, USB Cable, and Software Suite CD-ROM) (the “Camera”). ARV: $749.99. The ARV of this prize is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Except for Sponsor’s one-year Limited Warranty included with the Camera, all prizes will be awarded “as-is” with no warranty or guarantee, either express or implied, of any kind. Prizes are non-transferable and no substitution will be made unless Sponsor, in its sole discretion, determines otherwise. Sponsor reserves the right to substitute a prize for one of equal or greater value should the prize become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Limit: One (1) Grand Prize and one (1) First Prize per person.

9. Release: By receipt of any prize, each winner and travel companion, if any, agrees to release, indemnify and hold harmless Sponsor, McCann Relationship Marketing, Inc., McCann-Erickson USA, Inc., Interpublic Group of Companies, Ashton Kutcher, Katalyst, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees, affiliates, licensees, successors, assigns and agents (collectively, the “Released Parties”) from and against any and all claims, losses, damages, liabilities, costs, expenses or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.

10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

11. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize; or (7) any loss or damage whatsoever which is suffered in the delivery of the prize to the winner. Sponsor is not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Sponsor and Administrator are not responsible for any typographical/other error in entries, selection announcement or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Contest.

12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental, special and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.

13. Entrant’s Personal Information: Information collected from entrant is subject to ePrize, LLC’s Privacy Policy (http://www.eprize.com/privacy/privacypolicy.html) and Sponsor’s Privacy Policy (http://www.nikonusa.com/About-Nikon/Privacy-Policy.page).

14. Winner List: Winner List requests will only be accepted after the Contest end date (listed above) and no later than November 16, 2008. For the Winner List, send an email with subject line: "E - Nikon® D60 Moving Moments Photo Contest, Winner List Request,” to WinListRequests@eprizefulfillment.com.

© 2008 ePrize, LLC. All rights reserved.

 

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