THE ANSEL ADAMS GALLERY PHOTO CONTEST

OFFICIAL RULES
NO PURCHASE NECESSARY.

1. ELIGIBILITY: The Ansel Adams Gallery Photo Challenge (the “Contest”) is open to persons who are at least eighteen (18) years old at the time of entry. All employees, instructors or vendors of Best Studio, Inc. (“The Ansel Adams Gallery”), SmugMug, Inc. (“SmugMug”), including their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. All applicable federal, state and local laws and regulations apply. Void where prohibited or restricted.

2. CONTEST PERIOD: The Contest begins at 12:00 a.m. Pacific Time (“PT”) on October 1, 2009 and ends at 11:59 p.m. PT on November 15, 2009 (the “Contest Period”). The Contest Period consists of an image submission phase that begins at 12:00 a.m. PT on October 1, 2009 and ends at 11:59 p.m. PT on November 15, 2009 (the “Image Submission Phase”); a popular voting phase that begins at 12:00 a.m. PT on October 1, 2009 and ends at 11:59 p.m. PT on November 30, 2009 (the “Voting Phase”), and a judged voting phase (“Judging Phase”) that begins at 12:00 a.m. PT on November 30, 2009 and ends at 11:50 p.m PT on December 14, 2009. The contest winner will be announced at 12:00 p.m. PT on December 15, 2009.

Phase:
Submission Phase: October 1, 2009 to November 15, 2009
Voting Phase: October 1, 2009 to November 30, 2009
Judging Phase: November 30, 2009 to December 14, 2009
Winner Announced: December 15, 2009

3. CONTEST SUBMISSION:

a. Image Submission Phase: During the contest, visit anseladamsphotocontest.smugmug.com and login or create an account. Create an account or upload without an account. Complete all required fields on the “Enter the contest” page.

b. Contest Theme: Upload a photograph of “National Parks, Landmarks & Monuments.” (United States National Parks, Landmarks & Monuments defined by the National Park Service “Find a Park” page at http://www.nps.gov/findapark/index.htm).

Photograph Requirements:

o Must adhere to all listed Technical Specifications set forth below.
o Must be the participant’s original idea.
o Must not infringe on any other person’s or entity’s rights.
o Must not have been submitted previously in a contest of any kind.
o Must comply with all Content Restrictions set forth below.
o Must comply with the SmugMug Terms of Service located at http://www.smugmug.com/aboutus/terms.mg.

Follow the links and instructions to upload your Photograph. Each participant shall be required to click where indicated to confirm that such participant agrees to be bound by these Official Rules. Any Submission that includes content that is deemed inappropriate, indecent, obscene or otherwise does not comply with the Content Restrictions, as determined by Sponsor in its sole discretion, shall not be eligible. Sponsor shall have the right to edit, adapt, and publish any or all of the Photographs, and may use them in any media in marketing or advertising related to The Contest with attribution to the name supplied at time of entry to The Contest and without compensation to the participant, his or her successors or assigns, or any other entity. ENTERING A SUBMISSION IN THIS CONTEST CONSTITUTES PARTICIPANT’S IRREVOCABLE ASSIGNMENT, CONVEYANCE, AND TRANSFERENCE TO SPONSOR OF THE FOREGOING RIGHTS. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, or misdirected entries which are void.

Content Restrictions: The Photograph must NOT contain:

o Nudity, lewd or vulgar behavior.
o Material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, including but not limited to copyright infringement.
o Brand names or trademarks.
o Photos of artwork without proper license or ownership.
o Material that is hateful, tortuous, defamatory, slanderous or libelous.
o Material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
o Material that is unlawful, in violation of, or contrary to the laws or regulations in any state or National Park and Momunent where the Photograph is created.
Failure of any Photograph to comply with the above restrictions (collectively, the “Content Restrictions”), as determined by Sponsor in its sole discretion, shall result in disqualification.

Technical Specifications: Participant must upload files of the Photograph that comply with the following specifications:

Image shall be ONLY in JPEG format and no greater than 1 MB in size. Failure of any Photograph to comply with the above specifications (collectively, the “Technical Specifications”), as determined by Sponsor in its sole discretion, shall result in disqualification

Limit: Each participant may enter up to three (3) Photographs during the Contest Period. Multiple participants are not permitted to share the same email address. Any attempt by any participant to enter more than three (3) Photographs by using multiple/different email addresses, identities, registrations, or any other methods shall void all Photographs entered by that participant and that participant, at the sole discretion of Sponsor, may be disqualified. Use of any automated system to participate is prohibited and shall result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to register shall be deemed to be the registrant or participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder. Limit one prize per participant.

License: Participant retains ownership of the copyright in any submitted Photographs. However, by entering Photograph(s) in this Contest, participant grants Sponsor the irrevocable, perpetual right to edit, adapt, and publish any or all of the Photographs in marketing or advertising related to The Contest without compensation to the participant, his or her successors or assigns, or any other entity. Photograph(s) will be given attribution credit based on the name supplied with submission. The winner shall work with Sponsor to change the file in any way deemed necessary for publication of the Photograph(s). The participant shall supply, upon request, original, unmodified digital files.

4. VOTING PHASE: Voting Section: Those that enter a valid Photograph and continue to comply with these Official Rules shall have their Photograph posted at anseladamsphotocontest.smugmug.com during the Voting Phase. During the Voting Phase, visitors to the website shall be invited to vote for their favorite Photograph. Voting is achieved by using the “thumbs up/thumbs down” system within SmugMug and through the “star” system within SmugMug’s commenting system. SmugMug’s system decides the ranking of entries based on a combination of these votes. Limit: Visitors to the site may vote for each submission one (1) time during the Voting Phase. Voters must be at least eighteen (18) years of age.

Judging Section: A panel of judges will pick the Grand, First, Second, and Third Prize winners from the Most Popular Gallery. Judges will pick Grand, First, Second, and third Prize winners during the judging phase of the contest.

5. REQUIREMENTS OF CONTEST WINNERS: The winners shall be notified by email, mail, official website winner’s page, and/or phone on or about November 16, 2009. Winners must comply with all contest rules as published. The potential Grand Prize winners shall be required to sign and return an Affidavit of Eligibility and Liability and Publicity Release, where permitted, within five (5) days from the date of notification. In the event that any potential winner is disqualified for any reason, the prize shall be awarded to the participant with the next highest score, as determined by the panel of judges. Winners agree to conduct any and all media interviews related to the Contest if requested and not disparage Sponsor during any such interviews. Failure to comply with this requirement for any reason or return of prize notification or prize as undeliverable shall result in forfeiture of any prize, and the prize shall be awarded to the participant with the next highest number of votes. Acceptance of prize shall constitute and signify the winner’s agreement and consent that Sponsor may use the winner’s name, address (city, state), likeness, Photograph, and/or prize information for contextual purposes worldwide, including the internet, without limitation and without further payment or consideration, except where prohibited by law. Winner agrees to modify artwork in any way dictated by Sponsor. Winner must supply all necessary files in a format that complies with the Technical Specifications. These requirements apply to residents of the US.

6. PRIZES: ONE (1) GRAND PRIZE: One $500 Ansel Adams Gallery gift certificate and their choice of ONE 20”x24” Ansel Adams Archival Replica. ONE (1) FIRST PRIZE: ONE $300 Ansel Adams Gallery gift certificate and their choice of ONE 16”x20” Ansel Adams Archival Replica. ONE (1) SECOND PRIZE: ONE $200 Ansel Adams Gallery gift certificate ONE (1) THIRD PRIZE: ONE $100 Ansel Adams Gallery gift certificate. No cash equivalent shall be made available on prizes. Prizes are non-transferable. No substitution shall be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute any listed prize or prize component for one of equal or greater value if a designated prize or component should become unavailable for any reason. Prizes consist of only those items specifically listed as part of the prize – any item, feature, cost or expense not specifically listed as part of the prize is the sole responsibility of the winners.

7. DISCLAIMER AND INDEMNIFICATION: By entering or participating in the Contest, Participants agree to be bound by these Official Rules. Sponsor assumes no responsibility for electronic hardware, programming or software malfunctions, or failures, or line connections, accessibility or availability, or technical failures of any kind, or unauthorized human intervention, or the incorrect or inaccurate capture of any submission or other information, or for the failure to capture any such information. Sponsor is not responsible for: (1) any incorrect or inaccurate information, whether caused by participants, 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 submission process or the Contest; or (4) technical or human error which may occur in the administration of the Contest or the processing of entries. Further, if, for any reason, the Contest is not capable of running as planned by reason of infection by virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of the Sponsor, may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right, at their sole discretion, to cancel, terminate, modify or suspend the Contest, and select the winner for the Contest, from the entries received prior to the action taken or in other such manner as deemed fair and appropriate by Sponsor.

Participants, by participating in this Contest, hereby waive and release, and agree to defend, indemnify and hold harmless, Sponsor, SmugMug, Inc., all contest and advertising agencies, and their respective parents, subsidiaries, affiliates, distributors, and all of their respective officers, directors, employees, representatives and agents, and their respective successors and assigns (the “Indemnified Parties”), from and against, any and all rights, claims and causes of action whatsoever that they may have, or which may arise, against any of them for any liability for any matter, cause or thing whatsoever, including but not limited to any injury, loss, damage, whether direct, compensatory, incidental or consequential, to person, including death and property, arising in whole or in part, directly or indirectly, from: their acceptance, possession, use or misuse of the prize in the Contest; or their participation in the Contest; or the use of the Photograph, including without limitation any claims relating to violations of the Content Restrictions. Winner also further acknowledges that the Indemnified Parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law relative to any prize or this Contest including but not limited to quality, condition or fitness for a particular purpose.

8. PERSONAL INFORMATION: The personal information collected through the Contest is subject to Sponsor’s Privacy Policy at http://www.anseladams.com/content/customer_service/privacy_policy.html

9. RULES/WINNER LIST REQUESTS: To obtain these rules or for notification of the winner, send a self-addressed stamped envelope to: “The Ansel Adams Gallery Photo Contest Official Rules/Winner List Request”, c/o William Garnsey, The Ansel Adams Gallery, 850 O’Neill Ave, Belmont, CA 94002. Requests for winner list must be received by November 15, 2009.

10. SPONSOR: The Ansel Adams Gallery, 850 O’Neill Ave, Belmont, CA 94002 ADMINISTRATOR: The Ansel Adams Gallery, 850 O’Neill Ave, Belmont, CA 94002

11. LAW AND VENUE: Except where prohibited, participant agrees that any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved under the laws of the State of California, without respect to any conflict of law issues, and participant agrees that such shall be resolved individually, without resort to any form of class action, and exclusively by the Federal and State Courts located in San Mateo County, California.