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Embratur “Celebrating the Beauty of Brazil” Contest OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR TO WIN AND ENTRY TO THE CONTEST IS FREEOpen to legal residents of the 50 United States and the District of Columbia, who are 18 years of age or older as of date of entry. Void Where Prohibited.
1). CONTEST DESCRIPTION: NO PURCHASE NECESSARY. Purchase will NOT increase your chances of winning. Embratur “Celebrating the Beauty of Brazil” Contest (the “Contest”) is a skill contest in which participants can submit a photo image with a short essay that describes how their photo captures the beauty of Brazil. The Contest begins 12:00:01 a.m. Central Time (CT) on August 27, 2008 and ends 11:59:59 p.m. CT on November 21, 2008.
2). ELIGIBILITY: Open to legal residents of the 50 United States and District of Columbia, who are 18 years of age or older as of date of entry. Employees of Embratur (“Sponsor”), its affiliates, subsidiaries, participating advertising and promotion agencies, technology and website development partner companies, prize suppliers, and immediate family members (defined as parents, children, siblings and spouse, and each of their respective spouses, regardless of where they live) and persons living in the households of each of these individuals, whether related or not are not eligible to enter. By entering, entrants agree to comply with these Official Rules available at htttp://promotions.mardenkane.com/brazil/beauty. Contest is subject to all applicable federal, state, local laws & regulations. U.S. Law governs this promotion. Void in Puerto Rico, the U.S. Virgin Islands and U.S. military bases outside the U.S., and wherever else or otherwise restricted by law.
3).
HOW TO ENTER: To
enter online, log on to http://promotions.mardenkane.com/brazil/beauty and
complete the requested information, including your essay and photograph
(“Entry”). In submitting an Entry, you confirm that
you agree that Sponsor may post your Entry on
By submitting an Entry, each entrant represents that the Entry submitted is the original work of entrant and has never been published and has not previously won any other contest award. Sponsor will only award a prize to the entrant and assumes no responsibility for disputes between persons claiming authorship of the Entry. Each entrant further represents that use thereof does not infringe upon third party rights (including, but not limited to those of any person (s) featured in the photograph), is suitable for publication and the right to submit it is not restricted by copyright. Entry cannot defame, disparage or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person's personal or proprietary rights. Entrant represents that any individuals in the Entry who are identifiable have consented to the use of their image in the photograph, the submission of the photograph in this Contest, and the use of the Entry by Sponsor in any way Sponsor deems appropriate, including any and all media, and that such individuals will sign all necessary documents granting Sponsor these rights if required by Sponsor. Entry must be suitable for publication in a public forum (as determined by Sponsor in its sole discretion), may not contain nudity, profanity, nor promote alcohol, tobacco, weapons or dangerous activity, and may not reflect negatively on the Sponsor or its products. Entries not complying with all rules are subject to disqualification at Sponsor's sole discretion. No correspondence regarding Entries will be entered into with entrants. Entries submitted become the exclusive property of Sponsor and will not be returned. With respect to the Entry, entrant unconditionally assigns and transfers to Sponsor all rights, title, interest and claims in the Entry, including, without limitation, the copyright therein, and waives any moral rights in the Entry. Sponsor shall have the right to post, use, broadcast, display, publicly perform, alter, edit, assign, or dispose of such Entries in whole or in part however it sees fit in any and all media without limitation as to time or territory without approval of entrant. Each winner will be required, as a condition of being awarded a prize, to grant the Sponsor the right to use his/her name, image, likeness and biographical materials and any other individuals appearing in the Entry, as well as the winning essay and photograph submitted, for advertising, publicity and promotion purposes including, without limitation, online announcements without additional compensation, except where prohibited by law.
Entries received that are illegible, incomplete, late, lost, postage due or do not comply with these Official Rules will not be eligible.
4). JUDGING: All forms of eligible entries will be judged and scored under the supervision of an independent judging organization on or about December 12, 2008 to determine ten (10) semi-finalists based on the following criteria:
· Relationship of submission to contest theme. How closely does the content of the essay and photo support the theme of “Celebrating the Beauty of Brazil? (40% of total) · Originality and creativity of essay and photo. How original is the idea behind the photo? Does the photo’s content and composition go beyond the obvious to support the theme? Does the essay clearly explain the meaning of the picture? (40% of total) · Quality of photo. Is the photo in proper focus? Properly lighted and exposed? Is the composition interesting and involving? (20% of total)
On or about December 15, 2008, the ten (10) semi-finalists will be submitted to famous photographer Peter Guttman to determine the winners. In the event Peter Guttman becomes unavailable to judge the Semi-finalist entries for any reason, the Sponsor will replace him with a substitute judge at their sole discretion.
In the case of a tie in any part of the judging process (Semi-finalist or Grand prize), the entrant with the highest score from the “Originality and creativity of essay and photo” criteria among the tied entrants will be deemed the winner.
Peter Guttman: Author, Photographer, Writer, Fine Artist, and Lecturer, Peter Guttman is described as one of the world's premiere travel photographers in the book, Kodak Guide to Shooting Great Travel Pictures. Guttman is the first living artist to be honored with a solo show on an entire floor at Sotheby's and was a finalist in the prestigious Alfred Eisenstaedt Award for Magazine Photography in 2000. His photographs have appeared in many travel publications including: Adventure Road, Arthur Frommer's Budget Travel, Caribbean Travel & Life, Conde Nast Traveler, Continental Profiles, Departures, Endless Vacations, Escape, Honeymoon, Islands, National Geographic Adventure, National Geographic Traveler, Outside, Popular Photography, Sierra, Tours & Resorts, Travel Holiday, Travel & Leisure, and many others. Guttman's photographs are also on the covers of close to a hundred Fodor's and Frommer's guidebooks and on the covers of Birnbaum, Let's Go, Mobil, and Real Guide books.
5). PRIZES: One (1) Grand Prize: A trip to Rio de Janeiro, Brazil, for winner and one guest including coach class roundtrip air and seven (7) nights double occupancy hotel accommodations. Approximate Retail Value (“ARV”) $5,000. Prize value may vary depending upon city of departure. Any difference between the ARV and actual value of the trip will not be awarded. Trip must be taken on dates specified by Sponsor. Changes to trip itinerary may not be made once the trip is booked. Sponsor is not liable for any expenses incurred as a consequence of a flight cancellation or flight delay. Schedules are subject to change without notice. Winner is responsible for all taxes, fees, meals, personal expenses, incidentals and other expenses not expressly listed above. Potential Grand prize winner and his/her guest will be required to travel together on the same itinerary and are responsible for obtaining all required travel documents. Winner and guest will need to have a valid passport for travel to international destination. Grand prize winner and guest are responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Trip must be taken by December 31, 2009. One (1) First Prize: An autographed image from Peter Guttman. ARV $1,500 One (1) Second Prize: A book on photography from Kodak. ARV $100 Total ARV of all prizes: $6,600 All Prizes will be awarded, provided more than enough entries have been received. Prizes are non-transferable, and no substitution or cash equivalent is allowed, except at the discretion of the Sponsor. If a Prize is unavailable, a Prize of equal or greater value will be awarded. Prize will be awarded in the name of the Winner. All taxes on prizes won and other expenses related to accepting the prize are the sole responsibility of the Winner. Winners will be notified by mail, email and/or phone on or about January 5, 2009. Grand Prize winner will be required to execute an Affidavit of Eligibility and Publicity/Liability/Travel Release, where lawful, and an IRS TAX Form W-9 which must be returned within five (5) days of prize notification. Failure to do so may result in disqualification and an alternate Winner being determined. Upon prize forfeiture, no compensation will be given. The travel companion of the Grand Prizewinner must also sign and return a Publicity/Liability /Travel Release prior to the issuance of travel documents. Grand Prize winner’s guest must be at least 18 years of age or an immediate family member of winner. Decisions of the Sponsor and judging organization are final in all respects of the Contest and no correspondence shall be entered into. Winners must allow up to 8 weeks for delivery of prize.
6). WARRANTY AND INDEMNIFICATION: By entering, entrants hereby release and agree to hold harmless the Sponsor, its affiliates, subsidiaries, participating advertising and promotion agencies, technology and website development partner companies and employees of these companies (collectively “Releasees”) from and against any and all rights, demands, claims, 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 damage, injury, loss whether direct, compensatory, incidental or consequential, to person including death and property, arising in whole or in part, directly or indirectly, from their acceptance of the Prize, their entry in the Contest or their participation in any prize related activity, or any travel related to the Prize or any prize related activity. Entrants irrevocably assign to Sponsor with full title guarantee all intellectual property and other rights, which they now have or may in the future have to the Entries, or any elements thereof, including without limitation, the copyright therein, the right to make derivative works, copies and to use for any purpose whatsoever in any media or format now or hereafter known, royalty-free worldwide perpetuity. Sponsor shall have the right to assign or dispose of such Entries however it sees fit without approval of the Entrant. Sponsor is under no obligation to correspond about Entries and Entries will not be acknowledged or returned. Releasees are not responsible for any lost, stolen or otherwise unaccounted for entries, or misdirected, illegible, incomplete, delayed or damaged entries. Releasees are not responsible for any human, printing, typographical or other error in the contest official rules and other materials posted on the website or in the administration of the Contest. Sponsor has the sole right to cancel or suspend the Contest or any portion thereof for any reason whatsoever. In such cases, notice to this effect will be posted on the website at http://promotions.mardenkane.com/brazil/beauty and prizes will be awarded from all eligible entries received prior to cancellation.
7). DISQUALIFICATION: Any false information provided within the context of the Contest by any participant concerning identity, postal address, email address, telephone number, ownership of right or non- compliance with these rules or the like may result in the immediate disqualification of the participant from the Contest. Sponsor further reserves the right to disqualify any Entry that it believes in its sole and unfettered discretion infringes upon or violates the rights of any third party or otherwise does not comply with these official rules. 8). NO RECOURSE TO JUDICIAL OR OTHER PROCEDURES: To the extent permitted by law, the rights 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 in connection with this contest are hereby excluded, and any participant expressly waives any and all such rights. 9). INTERNET: If for any reason this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Releasees which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right at its sole discretion, to disqualify any entry or any individual who tampers with the entry and to cancel, terminate, modify or suspend the Contest and at Sponsor’s discretion select winners as it deems necessary. In the event of a dispute as to the identity of an entrant, entry will be declared made by the authorized account holder of the email address submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, Internet service provider or other organization (e.g. business, educational, institution, etc.) that is responsible for assigning email addresses associated with the submitted email address. Releasees assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission or communications line failure that results in Entry forms being inaccessible online. Releasees are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in this contest or downloading any materials in this contest. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL & CIVIL LAWS & SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
10). PERSONAL INFORMATION: Personal information collected from Entrants will be used by Sponsor for the purpose of administering the Contest. The data may also be used to do a background check on their identity and verify their eligibility to participate and to receive a prize. Sponsor shall not sell, share or otherwise disclose personal information of Entrants with third parties, other than to third parties engaged by Sponsor to fulfill the above purposes.
11). WINNERS LIST: For list of Contest Winners, log on to http://promotions.mardenkane.com/brazil/beauty on or about January 9, 2009, available for a period of up to 60 days.
12). SPONSOR: Embratur 5 Penn Plaza, New York, NY 10001
13). ADMINISTRATOR: Marden-Kane, Inc., 11 N. Skokie Hwy, Ste 109, Lake Bluff, IL 60044
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