Official Rules of the Droll Yankees/Cornell Lab BirdSpotter Photo Contest NO PURCHASE IS NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE ENTRANT’S ODDS OF WINNING. THIS CONTEST IS OPEN ONLY TO NATURAL PERSONS WHO ARE LEGAL RESIDENTS OF THE UNITED STATES OF AMERICA AND THE CANADIAN PROVINCES AND WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AT THE TIME OF ENTRY. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES. CONTEST NAME: BIRDSPOTTER PHOTO CONTEST (“CONTEST”). VOID WHERE PROHIBITED BY LAW. SPONSORS and ADMINISTRATOR: The Sponsors of the Contest are Droll Yankees and Cornell Lab of Ornithology. (“Sponsors”). The administrator of the Contest is Cornell Lab of Ornithology (“Administrator”). Sponsors and Administrator are collectively referred to herein as “Contest Entities.” Administrator will conduct the Contest substantially as described in these Official Rules. By participating in the Contest each entrant agrees as follows: ENTRY PERIOD: The Submission Period begins every Wednesday starting, November 11, 2015. The submission period runs until 11:59pm EST on the following Sunday. User voting takes place during the same time period with weekly winners announced on the Monday following the close of submissions. METHOD OF ENTRY: Enter via Internet by going to http://feederwatch.org upload one (1) photo that responds to the weekly challenge as stated by Cornell Lab on the BirdSpotter Home page at http://feederwatch.org. You will be asked to provide basic contact information that may include complete name, complete mailing address, email address, location of photo, description of the submitted photo. Digital photos should be submitted using the online entry form provided on the content application only. Images submitted through any other method will not be considered as entries. Images should be submitted in JPG (at high quality) or GIF format. File sizes must be less than 10MB per image. Images can be in natural color or black and white. Entries must be submitted by the original photographer. One entry per user, per valid email address will be entered into the Contest. Although subsequent attempts to enter may be received, only entrant’s first entry during the specified Contest entry period will count. No third party entry or entry through contest service permitted. All entries become the property of the Administrator and none will be acknowledged or returned. Any individual who attempts or otherwise encourages, directly or indirectly, the entry of multiple or false contact information under multiple identities, or uses any device or artifice to enter or encourage, directly or indirectly, multiple or false entries, as determined by the Administrator, will be disqualified. If, in the Administrator’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if a computer virus, bug, unauthorized intervention, fraud, technical difficulties, or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Contest, and/or the Contest is not capable of being conducted as described in these Official Rules, Contest Entities shall have the right, at their sole discretion, to disqualify any individual who tampers with the entry process and to void any entries submitted fraudulently, and/or to cancel, terminate, modify or suspend this Contest. Contest Entities reserve the right to prosecute any fraudulent entries to the fullest extent of the law. During the Contest Entry Period, qualifying photos (“Submissions”) will be posted on Cornell Lab of Ornithology’s and Project FeederWatch’s Social Media pages via the Internet for viewing by the general public, in Contest Entities’ sole discretion. Contest Entities shall have the right to immediately remove any and all Submissions that violate these rules, in the sole direction of the Contest Entities. As conditions of entry into this Contest, and submitting a Submission, each entrant: 1. Warrants and represents that the entrant has the written consent, release, and/or permission of each and every identifiable individual person in the Submission to use his/her respective name or likeness to enable inclusion and use of the Submission in the manner contemplated by the Contest Entities and these official rules, and can make written copies of such permissions available to the Contest Entities upon request; 2. Acknowledges and agrees that the Contest Entities may exploit, edit, modify, display and distribute the Submission and all elements of such Submission, including, without limitation, the names and likenesses of any persons or locations embodied therein, for any purpose, in any and all media now known or not currently known, throughout the world in perpetuity without compensation, permission or notification to entrant or any third party; 3. Warrants and represents that entrant’s Submission is original to the entrant and has been legally obtained and created, does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate applicable laws or regulations; 4. Entrants who are not yet at the age of majority in the jurisdiction in which they reside will be required to obtain parental or legal guardian consent to be eligible to be declared a grand prize winner (as hereinafter defined); 5. Warrants and represents that entrant’s Submission does not contain any unlicensed images or music; In the event an entrant cannot provide all required releases, Contest Entities reserve the right, in their sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Contest Entities’ benefit, or allow the applicable Submission to remain. Entrants agree that Submissions shall not contain, include or involve any of the following: • Obscenity • Crude, vulgar or offensive pictures, depictions, images, language and/or symbols • Gang signs or symbols • Violence • Explicit sexual activity • Nudity • Illegal drug or alcohol use • Commercial products (e.g., clothing, toys, food) and/or their trademarks, brands, logos or endorsements • License plates, phone numbers, personal addresses (physical or email or otherwise) • Website or web page links • Derogatory characterizations of any ethnic, racial, sexual or religious groups, humiliation of other people (publicly or otherwise), any assault or threatening of others • Trespass or the violation of other people’s rights or property • Illegal (e.g., discriminatory, harassing) or inappropriate activity, behavior or conduct (e.g., inflicting emotional distress) • Conduct or activities in violation of these Official Rules • Any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by Contest Entities, in their sole discretion Administrator is not obligated to use, publish, display or broadcast any Submission materials submitted with an entry; provided however that each entrant acknowledges that Administrator will rely on such entrant’s agreement and compliance with these Official Rules when entrant submits or attempts to submit the entry. If, in the Administrator’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if a computer virus, bug, unauthorized intervention, fraud, technical difficulties, or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Contest, and/or the Contest is not capable of being conducted as described in these Official Rules, Contest Entities shall have the right, at their sole discretion, to disqualify any individual who tampers with the entry process and to void any entries submitted fraudulently, and/or to cancel, terminate, modify or suspend this Contest. Contest Entities reserve the right to prosecute any fraudulent entries to the fullest extent of the law. ELIGIBILITY: The Contest is open only to natural persons who are legal residents of the United States of America or Canada and who are at least eighteen (18) years of age or older at the time of entry. Contest may only be entered from and in eligible jurisdictions. Contest Entities and each of their respective parent companies, affiliates, subsidiaries, successors, assigns, agents, representatives, officers, directors, shareholders, and employees and any entity involved in the development, production, implementation, administration, judging or fulfillment of the Contest including, without limitation, the immediate family members and/or those persons living in the same household of such individuals, are not eligible to participate. In the event of a dispute about the identity of an entrant, each entry will be declared made by the registered account holder of the e-mail address submitted at time of entry. The registered account holder is deemed to be the natural person who is assigned the submitted e-mail address by the relevant Internet service provider, online access provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. With respect to any winning entry, the winner may be required to provide administrator with proof that the person is the registered account holder of the e-mail address associated with the winning entry. By entering the Contest, entrants agree to comply with and be bound by these Official Rules and the decisions of the judges which are final and binding in all respects. Failure to comply with these Official Rules may result in disqualification from the Contest. Prize Breakdown: Twenty-eight (28) Weekly: Winner receives one prize pack listed below. Weekly Prize pack: From Cornell Lab of Ornithology: Lab Cedar Waxwing Mug Lab Field Notebook Lab Tote Bag Lab Magnetic Note Pad Lab Pen From Droll Yankees: Droll Yankees Feeder Products See weekly prizes at: feederwatch.org/birdspotter2015 One (1) 3rd Place Grand Prize: $100 gift certificate to drollyankees.com Lab t-shirt One bag of Birds & Beans Bird Friendly coffee Framed Charlie Harper print One (1) 2nd Place Grand Prize: $200 gift certificate to drollyankees.com Lab sweatshirt One bag of Birds & Beans Bird Friendly Coffee Framed Charlie Harper print One (1) Grand Prize: $300 gift certificate to drollyankees.com Your choice of a series of 5 webinars (see: http://store.birds.cornell.edu/category_s/58.htm) Framed Charlie Harper print 2 bags of Birds & Beans Bird Friendly coffee Lab Sweatshirt Lab T-shirt Approximate Retail Value of the Grand Prize is: $850. Any difference between stated approximate retail value and actual value of prize will not be awarded. There will be only one prize per winner. Lost or stolen prizes will not be replaced. Prize does not include any other item or expense not specifically described in these Official Rules, and all additional expenses including, without limitation, travel expenses, if any, are the sole responsibility of winner. Prizes may not be transferred or assigned except to a surviving spouse living in the same household. Only listed prizes will be awarded and no substitutions or cash equivalents or redemption will be made, except that Administrator reserves the right to award a prize of equal or greater financial value if any advertised prize (or any component thereof) becomes unavailable. Prize cannot be used in conjunction with any other promotion or offer. Winners agree to accept the prize “as is”, and entrants hereby acknowledge that Contest Entities 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 prize, including express warranties (if any) provided exclusively by a prize supplier that are sent along with the prize. Any valuation of the prize(s) stated above is based on available information provided to Administrator and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes. Each winner must provide Administrator with a valid taxpayer identification number or social security number before any prize will be awarded. Prizes are not transferable, redeemable for cash or exchangeable for any other prize. SELECTION OF WINNERS: Winner will be selected weekly on or about Mondays following the announcement of the weekly challenges on the preceeding Wednesday, from among all eligible entries received. Valid entries received during the Weekly Contest Period will be voted by users. The photo with the highest amount of likes will be declared the weekly winner. The final determination of winners will be conducted by the Contest Entities, whose decisions and interpretations on all matters relating to the Contest and these Official Rules are final and binding in all respects. Administrator reserves the right to disqualify any participant or winner and may refuse to award any prize to a person who is ineligible or has violated any rule, gained unfair advantage in participating in the Contest, or obtained winner status using fraudulent means. Winners can only win one weekly category through the entirety of the contest. Winners who have previously won a BirdSpotter 1st place Grand Prize are excluded from the popular vote. BirdSpotter 1st place Grand Prize winners are restricted to one 1st place Grand Prize per lifetime. All potential winners are subject to verification by Administrator. An entrant is not a winner of any prize, even if the Contest should so indicate, unless and until entrant’s eligibility has been verified and entrant has been notified that verification is complete. Administrator will not accept screen shots or other evidence of winning in lieu of its validation process. Any play that occurs after the system has failed for any reason is deemed a defective play and is void and will not be honored. Potential winner will be notified by e-mail and must meet all eligibility requirements. Return of a prize or prize notification as undeliverable, or inability of Administrator to contact a potential winner by e-mail within seventy-two (72) hours of selection, may result in disqualification of such potential winner, and an alternate winner may be selected at Administrator’s discretion. In the event a winner declines a prize, Administrator may, at its discretion, select an alternate winner. In such case, Administrator will select the second top photo as determined by the Contest Entities. PUBLICITY, PRIVACY & PRIZE NOTIFICATION: Except where prohibited by law or regulation, by submitting an entry, entrant grants the Administrator a perpetual, worldwide, royalty-free license to use his/her name, character, photograph, voice, and likeness in connection with the promotion of this and other Contest, and entrants waive any and all claims and/or rights to receive any royalties or other compensation for the Administrator’s use thereof, unless prohibited by law. Entry into this Contest may require entrant to enter its email address and certain other personal information. Entrants are informed that the personal data collection in connection with this Contest will be collected by Administrator’s servers and computer systems, which are based in the United States and such collection will therefore be subject to applicable United States laws. You may withdraw your personal data upon request; however, you will be disqualified as an entrant in this Contest if you withdraw your personal data prior to the determination of the winner(s) and fulfillment of the prize(s). Entrants agree that the Administrator may disclose to third parties all personal information obtained from entrants and use such information for marketing and other purposes. Winners may be required to complete, sign, notarize and return an affidavit of eligibility/liability release and a publicity release, which must be returned, properly executed, within three (3) days of issuance of prize notification. If the winner is under eighteen (18) years of age, the affidavit of eligibility/liability release and publicity release must be executed by the winner and one or both parents or legal guardians, depending upon the state of residence of the winner. If these documents are not returned properly executed, or are returned to Administrator as undeliverable, or if any given prize winner does not otherwise comply with the Officials Rules, the prize will be forfeited and awarded to an alternate winner. GENERAL CONDITIONS/RELEASE: The Contest is void where prohibited by law and is governed by the laws of the United States of America. The submission of an entry is solely the responsibility of the entrant. Only eligible entries actually received during the specified Contest Submission Period, will be included in the Judging Period. Any automated receipt (such as one confirming delivery of e-mail) does not constitute proof of actual receipt by Administrator of an entry for purposes of these Official Rules. By participating, entrants (a) release Contest Entities, and each of their respective parent companies, affiliates, subsidiaries, successors, assigns, agents, representatives, officers, directors, shareholders, and employees, from any and all liability for any claims, costs, injuries, losses or damages of any kind caused by participation in the Contest, including the unauthorized or illegal access to personally identifiable or sensitive information or acceptance, possession, use, misuse, or nonuse of the prize that may be awarded; and (b) acknowledge that said 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 a prize including, without limitation, the prize quality or availability. Neither Contest Entities nor any service providers are responsible for incorrect or inaccurate transcription of entry information, or for any human or other error, technical malfunctions, lost/delayed data or voice transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or Website or to complete a telephone call or facsimile transaction, or any other error or malfunction, or late, lost or misdirected mail, or any injury or damage to participant’s or any other person’s computer or television related to or resulting from participation in this Contest. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH THE ENTRY PROCESS, OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW. Contest Entities’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If for any reason the Contest is not capable of being executed as planned, or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, action of entrants, technical failures or any other causes which in the opinion of and/or Contest Entities, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Contest Entities reserve the right at their sole discretion to disqualify any suspect entry or entrant and to cancel, terminate, modify or suspend the Contest. In the event of any cancellation, termination or suspension, the determination of the winners will be made, from among all eligible, non-suspect entries received as of the date of the termination, cancellation or suspension, as Contest Entities determine in their sole discretion. Entries not complying with all rules are subject to disqualification. Except where prohibited by law, 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 form of class action; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering into this contest, but in no event including 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 and 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 contest rules, or the rights and obligations of the entrant and Droll Yankees in connection with the contest shall be governed by and construed in accordance with the laws of the State of Oregon. OFFICIAL RULES: For a copy of the Official Rules, mail a self-addressed stamped envelope by first class mail to Cornell Lab of Ornithology, 159 Sapsucker Woods Road, Ithaca, New York 14850, attention Jennifer Smith. Contest entrants are hereby authorized to copy these official rules on the condition that it will be for their personal use and not for any commercial purpose whatsoever. WINNER’S LIST: A winner’s list is available only within sixty (60) days after the close of the Contest. Mail request to Photo Contest Winner List, Cornell Lab of Ornithology, 159 Sapsucker Woods Road, Ithaca, New York 14850, attention Jennifer Smith. In order to obtain a winner’s list, where permitted by law, send your written request and a self-addressed, stamped envelope (residents of VT and WA may omit return postage). MISCELLANEOUS: The names of individuals, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or Contest Entity, or the inclusion of a product or service as a prize, does not imply any association with or endorsement by such individual, group or Contest Entity or the manufacturer or distributor of such product or service and, except as otherwise indicated no association or endorsement is intended or should be inferred.