Capture the Fall Photo Contest - Official Rules

PRELIMINARY INFORMATION: CONTEST IS VOID IN ARIZONA, NEW JERSEY, VERMONT AND WHERE PROHIBITED. The Capture the Fall Photo Contest ("Contest") will begin on October 1, 2009 at 12:00:01 AM ET and end on December 15, 2009 at 11:59:59 PM ET ("Contest Period"). All times in the Contest refer to Eastern Time ("ET"). A discounted Entry Fee (as defined below) of ten dollars ($10) for a Photo (as defined below) or fifteen dollars ($15) for a Series (as defined below) is required for each Entry (as defined below) from October 1, 2009 12:00:01 AM ET through November 30, 2009 11:59:59 PM ET. A standard Entry Fee of fifteen dollars ($15) for a Photo or twenty dollars ($20) for a Series is required for each Entry from December 1, 2009 12:00:01 AM ET through December 15, 2009 11:59:59 PM as described below. Contest is subject to all applicable federal, state and local laws.

ELIGIBILITY: Open only to permanent, legal U.S. residents who are physically residing in one (1) of the fifty (50) United States and the District of Columbia (excluding Puerto Rico, Guam, the Virgin Islands and other United States territories), and who are eighteen (18) years of age or older as of the start of the Contest Period and of the age of majority in their state of residence. Residents of Arizona, New Jersey and Vermont are ineligible to enter or win the Contest. Officers, directors, and employees of Contest Entities (as defined below), members of these persons' immediate families (spouses and/or parents, children, and siblings, and their spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Contest. Contest Entities, as referenced herein, shall include The Weather Channel Interactive, Inc, 300 Interstate North Parkway, Atlanta GA 30339 ("Sponsor"), and its respective parent, subsidiary, and affiliate companies, and administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Contest.

HOW TO ENTER: To enter the Contest, during the Contest Period log on to http://www.weatherphotocontest.com (the "Website"), click on the Contest button, and follow the provided instructions to register by providing information including your name, address, telephone number, email address, and date of birth (the "Registration"). Once the Registration has been completed, you will receive an e-mail confirmation to the email address you provided during Registration. Simply log onto the Website and follow the online instructions to upload a single photograph ("Photo") or a cohesive series of up to six (6) photographs that collectively relay a story or theme ("Series" and together with Photo, "Submissions") from your computer to complete your entry ("Entry"). Entries must be submitted to one (1) of four (4) specific theme categories: 1) People, 2) Weather, 3) Animals/Pets or 4) Outdoor Scenes (each a "Theme Category"). Images formatted in JPEG or TIFF measuring at least 1,000 pixels on their long dimension are preferred. Images may be color profiled in sRGB, Adobe-1998, or not color-managed. For more information on electronic submission guidelines see the FAQs at http://www.weatherphotocontest.com./help.shtml. The Submissions cannot have been taken in a studio or by a professional photographer. Other than minor changes to lighting and coloring, the Submissions must not have been altered or edited in any manner that distorts the original photographs. You must have the permission of all persons appearing in your Submissions before you enter the Contest. As part of the Entry, before you upload your Submission, you will also be required to submit an entry fee in the amount of fifteen dollars ($15) for a Photo submission or twenty dollars ($20) for a Series submission (the "Entry Fee"). A five-dollar ($5) discount from the Entry Fee will be granted for Entries received on or before November 30, 2009 at 11:59:59 PM ET. Date/time of entry will not affect your chances of winning. All Entries become the property of The Weather Channel Interactive, Inc, 300 Interstate North Parkway, Atlanta GA 30339, ("Sponsor"), and will not be acknowledged or returned.

You must register, enter a Submission, and submit the Entry Fee as part of your Entry to enter and be eligible for the Contest. Each Submission, in its entirety, must be a work of original material taken by the entrant. By entering the Contest, entrants grant Sponsor the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Submissions and to incorporate the Submissions in other works in any and all markets and media worldwide in perpetuity. Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsor and that the Sponsor's reproduction, publishing, displaying, and/or other use of the Submissions will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. Photos and Series may not contain any intellectual property owned by third parties unless entrant has obtained written permission from such third parties. 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. If any Photo contains material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Photo does not comply with these Official Rules or meet Sponsor's standards for any reason, as determined by Sponsor in its sole discretion, such Photo (and the related Entries) may be rejected as ineligible for consideration. Entries must comply with all applicable laws, rules, and regulations. Entrant also warrants that he/she has obtained written permission (1) when photographing on private property not owned or controlled by entrant, where such permission is required, (2) from all persons appearing in entrant's Submission(s), and (3) from the copyright owner of any sculpture, artwork or other copyrighted material that appears in the Submissions. In addition, upon Sponsor's request, each entrant must be prepared to provide signed releases from (1) the owners of any private property where entrant photographed, (2) any person(s) appearing in the Submissions and/or (3) the copyright owner of any sculpture, artwork or other copyrighted material that appears in entrant's Submissions, authorizing Sponsor to reproduce, distribute, display and create derivative works of the Submissions in connection with the Contest and as otherwise outlined in these Official Rules. If any person appearing in the Submissions is a minor, entrant warrants that he/she (1) is such minor's parent or legal guardian, or (2) has obtained written permission from such minor's parent or legal guardian to include such minor in the Submissions. Upon request, entrant must provide Sponsor with signed releases from the parents or legal guardians of all such minors. Failure to provide such releases upon request may result in disqualification of entrant. Sponsor shall have no obligation to copy, publish, display, or otherwise exploit the Submissions.

Entries must be received before December 15, 2009 at 11:59:59 PM ET to be eligible for the Contest. Sponsor's computer shall be the official timekeeper for all matters related to this Contest. There is no limit to the number of Entries you may submit during the Contest Period, however, you may submit a particular Photo or Series only once. Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. "Authorized account holder" is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Entry constitutes permission (except where prohibited by law) to use entrant's name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.

GRAND PRIZE JUDGING: On or about January 29, 2010, a panel of qualified judges selected by Sponsor ("Judges") will review the eligible Entries received during the Contest Period and select one (1) potential overall Grand Prize (as defined below) winner from all Theme Categories combined (the "Grand Prize Winner") and four (4) potential First Place Prize (as defined below) winners (each a "First Place Winner") (one (1) First Place Winner from each of the four (4) Theme Categories). The potential Grand Prize Winner and each potential First Place Winner will be selected based on the following judging criteria ("Judging Criteria") on a 100-point scale: Creativity (34 points), photographic quality (33 points) and effectiveness in expressing applicable Theme Category (33 points). In the event of a tie, the Judges will break the tie by selecting the tied entrant who received the highest points from the Judges for Creativity as the potential Grand Prize Winner or First Place Winner as applicable. In the event a tie remains, the tied Entries will be judged by an additional tie-breaking judge, using the Judging Criteria, to determine which of the tied entrants will be the potential Grand Prize Winner or First Place Winner as applicable. Entries will be anonymously reviewed by the Judges. In other words, Judges will not be able to associate an Entry with a particular entrant until after the winning Entries have been chosen. Amount of Entry Fee paid will not affect your chances of winning in any way. Decisions of Sponsor and Judges are final and binding with respect to all matters related to the Contest. Winning is subject to verification of eligibility. Potential Grand Prize Winner and First Place Winners will be notified by email. Potential Grand Prize Winner and First Place Winners will be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, "Contest Documents") within five (5) days of such notification. Non-compliance within this time period, with these Official Rules or the return of or inability to deliver any prize/prize notification may result in disqualification and, at Sponsor's discretion, and time permitting, as applicable, the Grand Prize and/or the First Place Prize (for the applicable category) may be awarded to the entrant with the next highest number of points based on the Judging Criteria.

PEOPLE'S CHOICE VOTING: The selection of one (1)People's Choice Prize (as defined below) winner from each Theme Category ("People's Choice Winner"), is fully independent from the selection of the Grand Prize Winner and the First Place Winners by the Judges as outlined above. People's Choice Winners are selected exclusively by the votes of visitors to the Website based entirely on such visitors' evaluation of the Entries submitted under each Theme Category. During the voting period (the "Voting Period"), any visitor to the Website with a valid email address (including entrants) can vote for the one (1) Entry submitted under each Theme Category. Each visitor may vote for only one (1) Entry in each Theme Category, and the vote can be withdrawn or recast at any time during the Voting Period. Only the vote recorded as of the conclusion of the Voting Period will count. The Entry in each Theme Category with the highest number of votes at the end of the Voting Period (subject to final verification of votes by Sponsor) will be declared the People's Choice Winner for that Theme Category. In the event of a tie, the Entry with the higher(est) score provided by the Judges will be declared the People's Choice Winner. The Voting Period, voting rules and procedures and voting methods are subject to change, at Sponsors' sole discretion, and any changes will be posted on the Website. The number of votes received by each Entry will not influence the Judges decisions. The Grand Prize Winner, First Place Winners and the People's Choice Winners shall be collectively referred to herein as, the "Winner" or "Winners."

PRIZES: There will be one (1) grand prize ("Grand Prize") awarded consisting of the following: (i) two thousand five hundred dollars ($2,500) awarded in the form of a check made payable to Grand Prize Winner or in such other form as designated by Sponsor in its sole discretion, and (ii) Grand Prize Winner's winning Photo/Series will be featured on weather.com and on The Weather Channel Network in a manner determined by Sponsor in its sole discretion.

There will be four (4) first place prizes (each a "First Place Prize") awarded, one (1) per Theme Category, each First Place Prize shall consist of the following: (i) one (1) Canon EOS Rebel T1i 15.1 Megapixel Digital SLR cameras or such other comparable camera as designated by Sponsor in its sole discretion, (ii) one (1) professional camera bag as designated by Sponsor in its sole discretion, and (iii) First Place Winners' winning Photo/Series will be featured on weather.com and on the Weather Channel Network in a manner determined by Sponsor in its sole discretion.

There will be four (4) people's choice prizes (each a "People's Choice Prize") awarded, one (1) in each Theme Category, each People's Choice Prize shall consist of the following: one (1) The Weather Channel variety pack featuring branded merchandise from The Weather Channel including items such as umbrellas, hats, coffee mugs as designated by Sponsor in its sole discretion. The Grand Prize, First Place Prizes and the People's Choice Prizes shall be referred to collectively herein as, the "Prizes".

Estimated Retail Value ("ERV") of Grand Prize is two thousand five hundred dollars ($2500). ERV of each First Place Prize is one thousand dollars ($1000). ERV of each People's Choice Prize is one hundred dollars ($100). ERV of all Prizes is six thousand nine hundred dollars ($6,900).

Sponsor will determine all details of Prizes, including how winning photos will be featured on weather.com and The Weather Channel Network, in its sole discretion. Sponsor will furnish an Internal Revenue Service Form 1099 to the Grand Prize Winner and each First Place Winner for the ERV of the applicable Prizes for the tax year in which each such Prize was won. Sponsor reserves the right to substitute a similar Prize (or Prize element) of comparable or greater value at Sponsor's sole discretion. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of each Winner. Prizes cannot be transferred by a Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of a Prize by a Winner. If a Prize is unclaimed within a reasonable time after notification from Sponsor, as determined by Sponsor in its sole discretion, it will be forfeited, and time permitting, the applicable Prize may be awarded to the entrant with the next highest number of points (in the same Theme Category, as applicable) based on the Judging Criteria above. Each Prize will be awarded "as is" with no warranty or guarantee, either express or implied by Sponsor.

CONDITIONS: By entering the Contest, each entrant agrees for entrant and for entrant's heirs, executors, and administrators: (a) to release and hold harmless Contest Entities and their respective officers, directors, and employees (collectively, "Released Parties") from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant's participation in the Contest and/or his/her acceptance, possession, use, or misuse of a Prize or any portion thereof; (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest or the Released Parties' use of the Photo or Series, and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Prizes, including express warranties provided exclusively by Prize suppliers that are sent along with Prizes; (c) if selected as a Winner, to the posting of such entrant's name on the Website and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Contest at Sponsor's sole discretion.

ADDITIONAL TERMS: Sponsor reserves the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Contest, and/or the Website or the operation thereof is unlawful and subject to legal action by Sponsor, who may seek damages to the fullest extent permitted by law. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations), or other "force majeure" event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants' or to any other person's computer relating to or resulting from entering or downloading materials or software in connection with the Contest. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for Entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsor reserves the right to cancel, modify, or suspend the Contest or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsor reserves the right to select Winners from among all eligible, non-suspect Entries received prior to the time of the event warranting such cancellation, modification, or suspension, based on the Judging Criteria. Notice of such cancellation, modification, or suspension will be posted on the Website. Sponsor may prohibit any entrant or potential entrant from participating in the Contest, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsor, or Sponsor's agents or representatives; or behaves in any other disruptive manner (as determined by Sponsor in its sole discretion).

DISPUTES: The Contest is governed by, and will be construed in accordance with, the laws of the State of New York, and the forum and venue for any dispute shall be in New York, New York. If THE controversy or claim is not otherwise resolved through direct discussions or mediation, it shall THEN be resolved by FINAL AND binding arbitration administered by JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof ("JAMS Rules"). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in new york. All proceedings brought pursuant to this paragraph will be conducted in the County of new york. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY'S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.

WINNER ANNOUNCEMENT: For the names of the Winners, available after February 1, 2010, visit http://weather.com/photos, or send a self-addressed, stamped envelope to be received by January 31, 2010 to: Capture the Fall Photo Contest Winner's List, The Weather Channel Interactive, Attn: Derek Van Nostran, 300 Interstate North Pkwy, Atlanta GA 30339.