A DAY THROUGH YOUR LENS

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.

1. Eligibility: A Day Through Your Lens (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 Internet access and access to video-capturing and uploading equipment as of November 10, 2009. Employees of Nikon Inc., McCann Relationship Marketing, Inc., McCann-Erickson USA, Inc., Interpublic Group of Companies, Stafford Associates Computer Specialists, Inc. (”Stafford”), ePrize, LLC, and any of 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. 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: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.

4. Timing: The Contest begins on November 10, 2009 at 12:00 a.m. Eastern Time (”ET”), ends on January 13, 2010 at 11:59 p.m. ET (the “Contest Period”) and consists of four (4) phases as set forth in the chart below

Phase Starts at 12:00 a.m.ET Ends at 11:59 p.m. ET
Submission 11/10/09 12/15/09
Screening and Pre-Judging 12/16/09 12/21/09
Judges Award 12/22/09 1/13/10
Audience Award 12/22/09 1/13/10

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

5. How to Enter: During the Submission Phase, visit www.nikonfestival.com or www.ashtonsDSLR.com and follow the links and instructions to fully complete and submit the registration form, including without limitation, a valid email address and telephone number. Then, upload one (1) video that captures the essence of your day, a title/description of your video , and an image to represent your video to receive one (1) entry into the Contest (collectively, the “Submission”). By uploading your Submission, you represent, warrant and agree that your Submission conforms to the Submission Guidelines, Content Restrictions and other requirements as set forth below in this Section 5 (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes, in its sole discretion, that your Submission fails to conform to the Guidelines and Restrictions.

Submission Guidelines:

The Submission must be in one of the following formats: flv, avi, mpg, mpeg, mpe, dat, vob, wmv, asf, mp4, mov, 3gp, 3gp2, 3gpp, dv, qt, rm, or rmvb
The video portion of the Submission must not exceed one hundred forty (140) seconds in length
The title portion of the Submission must not exceed one hundred forty (140) characters in length
The Submission must not exceed 200 MB in size
The video portion of the Submission may be taken with any type or brand of camera
The Submission cannot have been submitted previously in a promotion or contest of any kind or exhibited or displayed to the general public through any means.

Content Restrictions:

The Submission must not contain material that misappropriates, violates or infringes a third party’s rights, including but not limited to privacy, publicity, copyright, trademark, patent, proprietary and/or intellectual property rights
The Submission must not disparage Sponsor, Sponsor’s products, Administrator or any other person or party affiliated with the promotion and administration of this Contest
The Submission must not contain brand names or trademarks
The Submission must not contain footage, images, music or artwork not created by entrant
The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous
The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age
The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any State.

For All Submissions: Limit: Each entrant may submit up to five (5) Submissions during the Submission Phase, by uploading one (1) Submission at a time. Submissions received from any person or email address in excess of the stated limit will be void and disqualified. Submissions generated by script, macro or other automated means are void and will be disqualified. Entrant must be the sole creator and owner of and possess all rights in and to the Submission, have secured written, royalty and payment-free rights of property, privacy, publicity, model, talent, site and/or other releases, waivers, permissions and/or licenses to use all names, locations and likenesses in the Submission and to grant the rights set forth herein from all persons, images and property, if any, appearing in the Submission (collectively, the “Permissions”), and deliver such Permissions in a form acceptable to Sponsor upon its request, or such Submission will be disqualified. Entrants may access a sample model release form by clicking here. Submissions may be acknowledged by email, and none will be returned.  Uploading a Submission constitutes entrant’s agreement and consent, and grant to Sponsor and its affiliates, licensees, successors and assigns, of a royalty-free, fully paid-up, irrevocable, perpetual, non-exclusive right and license to use, reproduce, modify, publish, distribute, copy, edit, create derivative works from, and display the entrant’s name, city, state, likeness, photo and Submission(s) in whole or in part, on a worldwide basis, and to incorporate them with and/or into other works, in any form, media or technology now known or later developed including, without limitation, the Internet, for purposes of and/or in any way in connection with the Contest, including without limitation for promotional, advertising and/or marketing purposes, without further compensation, notification, permission or other consideration, except where prohibited by law.  If requested by Sponsor, entrant shall promptly sign any documentation that may be requested by Sponsor or its designees to make use of the rights and licenses entrant is granting and consenting to in these Official Rules.  Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions, all of which will be void and disqualified.

In the event of a dispute as to any Submission, the authorized account holder, at time of entry, of the email address used to register for the Contest will be deemed to be the entrant and must comply with these Official Rules. For purposes of these Official Rules, 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 email addresses for the domain associated with the submitted address. Each entrant may be required to show proof of being an authorized account holder.

6. Winner Determination: One (1) Submission will be chosen as the winner of the Judges Award and one (1) Submission will be chosen as the winner of the Audience Award, according to the processes set forth below.

a. Screening and Pre-Judging Phase: During the Screening and Pre-Judging Phase, a panel of qualified judges, determined by Sponsor in its sole discretion, will select up to fifty (50) Submissions from all eligible Submissions[/ur'] (the “Finalists”) having the highest scores out of one hundred (100) total points, based on the following criteria (“Judging Criteria”):

Originality (33%);
Quality of Video (33%); and
Fit to Contest Theme of A Day Through Your Lens (34%)

b. Judges Award Phase: During the Judges Award Phase, a panel of qualified judges different from those used during the Screening and Pre-Judging Phase, determined by Sponsor in its sole discretion, will select the Finalist with the highest-scoring Submission (the potential Judges Award Prize winner) from among all eligible Finalists based on the Judging Criteria set forth above. In the event of a tie, the Finalist whose Submission received the highest score in the Fit to Contest Theme category, as determined by the qualified judges in their sole discretion, will be deemed the potential Judges Award Prize winner.

c. Audience Award Phase: During the Audience Award Phase, the Finalists’ Submissions will be posted in an online gallery for public viewing and rating at www.nikonfestival.com. Members of the public having Internet access will be invited to view and rate the Finalists’ Submissions. Limit: Each rater may rate each Finalist Submission one (1) time during the Audience Award Phase. Multiple ratings received from any person or IP address after the first rating will be void and disqualified in Sponsor’s discretion. Finalists are prohibited from obtaining views or ratings by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. Finalists’ scores will be determined by multiplying the number of valid views the Submission received by the average rating (out of five (5) stars) it received (the “Score”). Subject to the Finalists’ compliance with these Official Rules, the Finalist whose Submission receives the highest Score during the Audience Award Phase will be deemed the potential Audience Award Prize winner. In the event of a tie, the Finalist whose Submission received the highest score in the Fit to Contest Theme category, as determined by the qualified judges in their sole discretion during the Judges Award Phase, will be deemed the potential Audience Award Prize winner. Sponsor reserves the right, in its sole discretion, to select an alternate Audience Award Prize winner should the voting appear to have been tampered with or manipulated in any way.

For the Audience Award Phase: Multiple raters are not permitted to share the same IP address or email address. Any attempt by any rater to submit more than the stated number of ratings by using multiple/different IP addresses, email addresses, identities or any other method will void that rater’s Submission(s) (if any) and views/ratings and he/she will be disqualified from further participation in the Contest. Use of script, macro or any other automated system to view or rate is prohibited and all such views/ratings will be void and disqualified. Released Parties are not responsible for lost, late, incomplete, garbled, delayed, invalid, unintelligible or misdirected views/ratings, which will be void and disqualified. In the event of a dispute as to any view/rating, the authorized account holder of the IP address or email address used to view/rate will be deemed to be the rater.

7. Winner Requirements: Potential winners will be notified by email, mail or phone on or around January 14, 2010. Each potential winner (or parent/legal guardian if 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 also be required to prepare, complete, sign and/or deliver certain tax forms prior to receiving prizes. Winners will also be required to provide the Permissions to Sponsor within five (5) days following attempted winner notification. If a potential winner cannot be contacted, fails to execute and return the Affidavit, the tax forms, and/or the Permissions within the required time period, is not in compliance with these Official Rules, or prize is returned as undeliverable, such potential winner forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, at Sponsor’s sole discretion. If the potential Judges’Award Prize winner is disqualified for any reason, the entrant whose Submission received the next highest score during the Judgie Award Phase will be deemed the potential Judges Award Prize winner. If the potential Audience Award Prize winner is disqualified for any reason, the entrant whose Submission received the next highest valid Score will be deemed the potential Audience Award 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 winner’s agreement and consent, and grant to Sponsor and its affiliates, licensees, successors and assigns, of a royalty-free, fully paid-up, irrevocable, perpetual, non-exclusive right and license to use the winner’s name, city, state, likeness, photo, and/or prize information for purposes of and/or in any way in connection with the Contest for promotional, advertising, marketing or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.  Notwithstanding anything to the contrary in these Official Rules, winner hereby grants Sponsor and its affiliates, licensees, successors and assigns a royalty-free, fully paid-up, irrevocable, perpetual, non-exclusive right and license to use, reproduce, modify, publish, distribute, copy, edit, create derivative works from, and display each winner’s Submission in whole or in part, on a worldwide basis, and to incorporate it with and/or into other works, in any form, media or technology now known or later developed including, without limitation, the Internet, for any purpose including, without limitation, for promotional, advertising and/or marketing purposes of any kind whatsoever, without further compensation, notification, permission or other consideration, except where prohibited by law.  If requested by Sponsor, winner shall promptly sign any documentation that may be requested by Sponsor or its designees to make use of the rights and licenses consented to and granted in these Official Rules.  Winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission.  Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder.  Entrants and winners shall indemnify, defend and hold Sponsor and the Released Parties harmless from and against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these Official Rules.  Prizes will be fulfilled 8 – 10 weeks after end of Contest.   Administrator shall deliver all notices and/or prizes to the address provided by the potential winners during the registration and/or Affidavit process, by any delivery method selected by Administrator.

8. Prizes: ONE (1) JUDGES AWARD PRIZE: $100,000, and a Nikon D5000 camera kit (including a Nikon® D5000 camera body, 18-55 NIKKOR Vibration Reduction lens, Rechargeable Battery, Charger, USB Cable, and Software Suite CD-ROM (collectively, the “Camera”). Approximate Retail Value (“ARV”): $100,800. ONE (1) AUDIENCE AWARD PRIZE: $25,000 and a Camera. ARV: $25,800. The ARV 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 including, without limitation, any warranty of merchantability or fitness for a particular purpose. Prizes are non-transferable and no substitution or cash redemption will be permitted unless Sponsor, in its sole discretion, determines otherwise. Sponsor reserves the right to substitute a prize with one of greater or equal value, in its sole discretion. Winners are responsible for all federal, state and local taxes and any other costs, expenses or fees associated with prize acceptance and/or use not specified herein as being provided. Limit: One (1) prize per person. If the Audience Award Phase results in the potential Audience Award Prize winner being the same person as the Judges Award Prize winner, then the Submission having the next highest valid Score shall be deemed the potential Audience Award Prize winner. All prize details are at Sponsor’s sole discretion.

9. Release: By participating, entrant agrees to release and hold harmless the Sponsor, McCann Relationship Marketing, Inc., McCann-Erickson USA, Inc., Interpublic Group of Companies, Stafford, 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, licensees, agents, successors and assigns (collectively, the “Released Parties”) from and against any claim or cause of action, losses, liabilities, costs and expenses, 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 impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure and/or the scoring procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission 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 and void and disqualify all associated Submissions. 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 and other remedies (including attorneys’ fees) 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: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other 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 Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or views and ratings or the tabulating of views and ratings, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (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 delivery, receipt or use or misuse of any prize (including any travel/activity related thereto).  Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of, or damages to, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof.  Released Parties are not responsible for any unauthorized third party use of any Submission.

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/or 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 May 14, 2010. For the Winner List, send an email with subject line: “A Day Through Your Lens, Winner List Request,” to WinListRequests@eprizefulfillment.com.

© 2009 ePrize, LLC. All rights reserved.