The Gather.com Travel Photo Contest: Official Rules and Submission Guidelines

NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. The Gather.com Travel Photo Contest ("Photo Contest") is sponsored by Gather Inc. ("Gather"), 85 Devonshire Street, 3rd fl., Boston, MA, 02109.

(Gather Inc. is sometimes referred to herein as the "Sponsor" and all references to Sponsor shall, unless otherwise indicated, be deemed to reference Gather Inc.)

1. ELIGIBILITY: To enter, you must be a member of Gather.com. If you are not a member, click here to join.

Open to Gather members 13 years of age or older. Employees, officers, directors, agents and representatives of Gather Inc. ("Sponsor"), American Public Media Group, Minnesota Public Radio, Southern California Public Radio, The Hearst Corporation, The McGraw-Hill Companies, and their respective parent companies, subsidiaries, affiliates, promotion, advertising, design, web design, web hosting, publicity, production and print production agencies and anyone connected with the production, hosting and distribution of this Competition (collectively, "Competition Entities"), their immediate family members (parents, children, siblings, spouse and each of their respective spouses, regardless of where they live) and members of any of their households are not eligible to enter or be awarded a prize. All photos must be original and must not have been published for profit elsewhere at any time. You may not submit an entry on behalf of someone else. Any Entrant who publishes a photo for submission in the Photo Contest must also be the photographer of the photo. Void where prohibited by law. All applicable international, federal, state and local laws apply.

2. CONTEST DETAILS: Entrants can compete in two (2) categories: domestic photos (U.S.) and International photos (non-U.S.). In each category, amateur and professional photographers alike must post photo(s) to the Gather Essentials: Travel group of a cityscape, landscape, natural wonder or other photo showcasing a destination from a trip they have taken. Multiple entries per category and per unique username, email address or person or household are permitted.

All entries must be: original work, unsold, and unpublished (except on Gather.com, personal websites and blogs, and other photo-sharing sites). Entries may not be submitted elsewhere until the Photo Contest is over and the winner is announced. Entries (photos and accompanying captions) must not contain pornography, obscene content, sexual or racial slurs, violence, offensive language or any other objectionable content. Sponsor reserves the right, at its sole discretion, to disqualify any entry that is determined to be in violation of these guidelines.

All entries must be published to the Gather Essentials: Travel group and tagged with either photous (domestic category) or photoint (international category). Entries must additionally include a caption that includes a description of the photo and where the photo was taken.

All entries must be received by March 22, 2007 at 11:59pm EDT in order to be eligible for the competition. Normal time, toll, connection and usage rates, if any, charged by your Internet service provider will apply. All entries will not be returned.

3. HOW TO ENTER: The Photo Contest begins on Thursday, March 1, 2007 and ends 11:59pm EDT on Thursday, March 22 (the "Entry Period").

1) Become a member of Gather.com.

2) Go to Gather.com and sign in.

3) Click here to join the Gather Essentials: Travel group.

4) Publish your Entry:

• Click on the "Publish" button at the top of any Gather page 
• Select "Publish an Image"
• Browse to find and then upload your image; images must be JPG format only and can not exceed 1.5Mb
• In the "Image Caption" field, you must add a caption with description of the photo and where the photo was taken (for example: "Bustling Marketplace, Laos")
• In the "Tags" field, you must add either photous if the photo was taken in the U.S., or photoint if it was taken outside the U.S.
• In the "Who can view my image" field, click "Everyone" and also select the "Gather Essentials: Travel" group from your group list
• Click "Save"

**Please note: Because the Gather Essentials: Travel is a moderated group, your entry will not appear immediately in http://travel.gather.com. It may take up to a day for the moderator to accept it into the contest.

Please contact support@gather.com with any additional contest questions. Use the subject line Photo Contest in your email, and please attach a JPG of your image if you are having trouble posting it. 

4. RELEASES: By entering the contest, entrants verify that they own the copyright to their submission(s) and that the photo(s) is original work, unsold, and unpublished (except on Gather.com, personal websites and blogs, and other photo-sharing sites).

Upon Sponsor's request, entrants must be prepared to provide a signed written personal release from all identifiable persons who appear in the photograph submitted, authorizing use of the photograph by Sponsor, and/or its licensees, affiliates or designees (the "Authorized Parties") in editorial publications, marketing and promotions in any and all media. Also, upon Sponsor's request, entrants must be prepared to provide a signed written release from the copyright owner of a sculpture, artwork or other copyrighted material that appears in the entry, authorizing use of the photograph by any Authorized Party in editorial publications, marketing and promotions in any and all media. Failure to provide such releases upon request may result in disqualification and selection of an alternate winner. 

4. JUDGING & VOTING: The Gather Editorial Team will select ten (10) finalists in each category from among all eligible entries timely received by Gather. Its decision will be determined based on subject matter, composition, photographic skill, and originality.

The finalists' photos will be republished by the Travel Editor and will be announced in an article posted to Gather Essentials: Travel with links to each one for voting on Monday, March 26.  Gather members will rate photos to help select one (1) Grand Prize Winner in each category.  Voting ends Saturday, March 31 at 11:59pm EDT and Grand Prize Winners will be announced on Monday, April 2. Finalists are not permitted to rate their own entry or any other finalists' entries during the voting period, and doing so will lead to disqualification. Decisions are final and binding with respect to all matters related to the Photo Contest. 

5. PRIZES: (2) The Grand Prize Winners will receive:

Kodak EasyShare 7.1-Megapixel Digital Camera with EasyShare G600 Printer Dock

Kodak Photo Paper Kit for Kodak EasyShare G600 Printer Dock

Camera case

Additional accessories

Approximate Retail Value ("ARV") = $500 (each prize)

Winners are solely responsible for all expenses and costs associated with acceptance and/or use of the prize not specifically stated herein as being awarded, including, without limitation, any and all international, federal, state, and local taxes. All prize details are at the sole discretion of the Sponsor. Winners may not substitute, assign or transfer prizes or redeem prizes for cash, but Sponsor reserves the right, at its sole discretion, to substitute prizes (or portion thereof) of comparable or greater value. If winners cannot accept prizes as stated, prizes will be forfeited and at Sponsor's discretion, an alternate winner selected. By entering, entrants agree to be bound by these Official Rules and decisions of Sponsor and judges, which are final and binding in all respects. Potential winners will be notified by email and/or mail and shall be required to execute and return within five (5) days of delivery, unless prohibited, an Affidavit of Eligibility and a Liability and Publicity Release. Failure to comply within the time period with these Official Rules or the return of prize notification as undeliverable may result in forfeiture of prizes and, at Sponsor's discretion, selection of an alternate winner. In the event that one person wins both categories, Sponsor will substitute one digital camera and one photo printer for a prize of comparable value.

6. GENERAL RULES: Acceptance of prize constitutes permission to the Sponsor and its Authorized Parties to use winners' name, city, state, likeness, voice, biographical information and statements 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 or permission, unless prohibited by law. By participating, entrants (i) agree to release and hold Sponsor, and its respective parents, affiliates, subsidiaries, dealerships, partners and advertising and promotion agencies, and each of its respective directors, officers, employees and assigns (collectively, the "Released Parties"), harmless against any and all claims and liability arising out of participation in the Photo Contest or misuse, nonuse or use of the prize (including any travel or activity related thereto); (ii) waives all rights to claim punitive, incidental and consequential damages, attorneys' fees or any damages other than actual out-of-pocket costs incurred to enter; and (iii) agrees to be bound by these Official Rules and the decisions of the Sponsor and judges, which are final and binding on all matters relating to the Photo Contest. No responsibility is assumed by Released Parties for lost, stolen, late, illegible, undelivered, delayed, inaccurate, misdirected or postage-due entries or mail or for any other errors of any kind related to or in connection with this Photo Contest. Released Parties are not responsible for incomplete, lost, late, damaged, illegible, inaccurate, misdirected, garbled, delayed or undelivered codes or entries or postage-due mail; or for technical hardware or software malfunctions or failures of any kind, lost, unavailable network connections, or failed, incomplete, garbled or delayed computer transmission, which may limit an individual's ability to participate. Sponsor reserves the right in its sole discretion, to cancel, suspend or modify the Photo Contest, or to disqualify any implicated entrant(s), if any fraud, virus, actions by entrants, technical or other error or problem, or any other occurrence corrupts or affects the administration, integrity, security, or proper play of the Photo Contest, as determined by Sponsor in its sole discretion. In the event of cancellation, Sponsor reserves the right, at its sole discretion, to award the prize in a random drawing from among all eligible, non-suspect entries received up to the time of the event or action warranting such cancellation. In the event this Photo Contest is cancelled prior to the stated end date, a notice will be posted at http://travel.gather.com.

NOTE: Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Photo Contest is a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages from any such entrant to the fullest extent permitted by law, including criminal prosecution. Released Parties are not responsible for any technical, mechanical, printing, typographical, human or other error relating to or in connection with the Photo Contest, including, without limitation, errors that may occur in the administration of the Photo Contest, the processing of entries, the announcement of the prizes or in any Photo Contest-related materials; or for any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Photo Contest.  Sponsor reserves the right in its sole discretion to interpret, administer, and apply the Official Rules.

7. NO WARRANTIES: Sponsor makes no warranties covering any of the prizes furnished as part of this Photo Contest.

8. GOVERNING LAW: This Photo Contest and the rights and obligations of the Sponsor and participants will be governed by and controlled by the laws of the Commonwealth of Massachusetts, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. All actions, proceedings, or litigation relating hereto will be instituted and prosecuted solely within the State of Massachusetts. The parties consent to the jurisdiction of the state courts of Massachusetts and federal court located with such state and county with respect to any action, dispute, or other matter pertaining to or arising out of this Photo Contest.

9. PRIVACY: Entrants' name, contact information, together with all other information provided as part of the Photo Contest to Gather.com, will not be shared with any third parties without consent of entrants.