2010 Official Rules

1. Sponsor

Quadra Media, LLC. d/b/a Surface Magazine, 12 West 27^th St., 10^th Floor, NY, NY 10001, USA ("Sponsor" or "QM").

2. Term

Entry into the Avant Guardian Photo Contest (the “Contest”) begins on June 1, 2010, at midnight (12:00:00 a.m.) Eastern Time (“ET”) and ends on July 11, 2010, at 11:59:59 p.m. ET (the “entry period”). The Contest consists of the phases set forth below, as described fully in these Official Rules.

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

3. Eligibility

Contest is open to Amateur and Professional photographers who have not had a photograph larger than a half page published in a national print magazine  prior to June 1, 2010 and are residents of the United States who are at least eighteen (18) years old (19 years old if a resident of AL or NE; 21 years old if a resident of DC, NY or MI) and who have internet access and photo capturing capabilities as of 06/1/2010. Employees, officers and directors of Sponsor, their respective parent and affiliate companies and advertising and promotion agencies, as well as members of the immediate families (spouses, parents, siblings and children, and each of their respective spouse, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate. The Contest is subject to all applicable federal, state, and local laws and regulations. Void outside the 50 United States and  where prohibited. Entrants are responsible for complying with these Official Rules.

4. How to Enter

NO PURCHASE IS NECESSARY, AND A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. To enter, visit www.surfacemag.com/avantguardian2010 and follow the links and instructions to complete the registration form and upload up to 10 photographs.

An entrant may submit multiple entries during the entry period. The cost to enter a portfolio is $25.00 and the portfolio may contain up to 10 images. Entrants are permitted to enter as many portfolios as they like.

No photos will be acknowledged or returned. By entering a portfolio in this Contest, Entrant grants a non-exclusive, non-transferable, royalty-free, worldwide license to the Sponsor to edit, adapt and publish any such photo in connection with the Contest and promotion of the Contest. Sponsor may use the photo in connection with the Contest and promotion of the Contest for advertising, marketing and promotional purposes in commerce and in any and all media now known or hereafter known throughout the world in perpetuity, without attribution, compensation, permission or further notification to the entrant, his/her successors or assigns, or any other entity, unless prohibited by law. Except for the foregoing license, Sponsor does not claim ownership of any copyright in Contest Submissions. Upon Sponsor’s request, each contestant must provide a signed written personal release and/or license from (1) all persons who appear in the photo submitted (or their parents or legal guardians if such persons are minors). and/or (2) the copyright owner of any sculpture, artwork or other copyrighted material that appears in the photo entry, authorizing use of the photo to Sponsor and their respective designees’ editorial publications, advertising, marketing and promotions in connection with the Contest and promotion of the Contest, in any and all media now known or hereafter known throughout the world in perpetuity, without additional compensation, permission or further notification to said copyright owner, unless prohibited by law. All releases must be in the form provided by Sponsor. Failure to provide such releases upon request will result in disqualification of contestant and the related entry. If a potential Finalist fails to provide such releases, s/he will be disqualified and an alternate Finalist will be selected in accordance with the procedures described herein Artist and Personal releases must be signed (click here) or send a self-addressed, stamped envelope (residents of Vermont need not include postage) to: Avant Guardian Photo Contest, 12 West 27^th St., 10^th floor. New York, New York 10001. Sponsor is not responsible for lost, late, incomplete, invalid, damaged, misdirected, or blurred or otherwise indiscernible photos, which shall be disqualified.

Photograph Requirements:
Each entry must comply with the following requirements (the "Photograph Requirements"):

Photographs must be in digital format. No print or film submissions will be accepted for entry into this Contest;

The photograph need not be taken with a digital camera; scans of negatives, transparencies, or photographic prints are acceptable;

All digital files must be 5 megabytes or smaller, must be in JPEG or .jpg format, and must be at least 1,600 pixels wide (if a horizontal image) or 1,600 pixels tall (if a vertical image);

The photo must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;

The photo must not contain brand names or trademarks;

The photo must, in its entirety, be a single work of original material taken by the contestant;

The photo must not, in the sole and unfettered discretion of the Sponsor, contain material that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous or libelous;

The photo must not, in the sole and unfettered discretion of the Sponsor, contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; and;

The photo must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where photo is created.

The photographer must provide High Resolution images if requested by the sponsor.

In accordance with the Judging Criteria as defined below all entries must be submitted and received by July 11, 2010, at 11:59:59 p.m. ET. Proof of submission is not proof of receipt. Sponsor reserves the right to examine the original photograph/source material in order to confirm compliance with these Rules.

5. Contest Prizes
The following prizes will be awarded:

TEN (10) FINALIST PRIZES: Ten (10) finalists will receive an assignment to produce a feature story for Surface Magazine, and will receive the support of creative teams available to Surface including professional stylists, makeup artists and models to assist with the assignment. The work product of selected finalists will appear in the Avant Guardian issue of Surface Magazine at the sole discretion of the editors of Surface magazine. Approximate Retail Value (“ARV”): $5000.00. Actual value may vary based on airfare fluctuations and distance between departure and destination. Winner 

6. Winner Determination

Judging : During the Judging Phase, qualified judges determined by Sponsor in its sole discretion will select the top 10 entrants (the “Finalists”).

Each Finalist will be notified on or around August 1, 2010 and each will be deemed a Finalist subject to execution of an Affidavit of Eligibility, License and Liability Release.

The finalists will be selected and determined by Sponsor and it's judges from among all qualified entrants.

7. Winner Requirements

If a potential Finalist cannot be contacted, fails to execute and return the Affidavit within the required time period, or prize is returned as undeliverable, potential winner forfeits the prize. If a Finalist is disqualified for any reason, the sponsor may elect to replace the Finalist at it’s sole discretion. Acceptance of any prize shall constitute and signify finalist’s agreement and consent that Sponsor may use the finalist’s, name, city, state, likeness, Contest entry and/or prize information in connection with the Contest, in commerce and in all media worldwide, including the Internet, without limitation and without further payment or consideration, except where prohibited by law.

8. Limitation of Liability

By entering this Contest, all entrants agree to release, discharge, and hold harmless Sponsor, and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, 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.

Sponsor and assume no responsibility for any of the following in connection with the Contest: any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to Contest entries or votes; or alteration of entries or votes. Sponsor are further not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email entry or vote to be received on account of technical problems or traffic congestion on the Internet or at any website, human errors of any kind, fraud by any entrant, Finalist or vote, or any combination thereof, including without limitation any injury or damage to entrants', voters’ or any other persons' computers related to or resulting from participation, uploading or downloading of any materials in this Contest.

9. Conditions

THIS CONTEST IS VOID OUTSIDE THE UNITED STATES AND WHERE PROHIBITED. This Contest shall be subject to and governed by the laws of the State of New York and the forum for any dispute related to the Contest shall be in the State of New York. To the extent permitted by law, the right 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 on connection with this Contest are hereby excluded and any entrant expressly waives any and all such rights. Certain restrictions may apply in some jurisdictions. Entries void if the Sponsor determines the photograph to not be an original, or if the entries are illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error, obtained through fraud or theft or otherwise non-compliant with these Official Rules.

By participating, entrants and voters also agree (a) to be bound by these Official Rules; and (b) that the decisions of the Sponsor are final and binding with respect to all matters relating to the Contest. By accepting a prize, each winner agrees that Sponsor may use each winning photograph and each winner's name, photograph, likeness, and/or voice in any publicity or advertising relating to the Contest without further compensation or approval (except where prohibited by law).

The Sponsor reserves the right to verify the validity and originality of any entry and/or entrant (including an entrant's identity and address) and the validity of any voter, and to disqualify any entrant or voter who submits an entry or vote, respectively, that is not in accordance with these Official Rules or who tampers with the entry or voting process. Failure by the Sponsor to enforce any of its rights at any stage does not constitute a waiver of those rights.

10. Right to Cancel or Suspend Contest

If for any reason the Contest is not capable of running as planned, due to infection by computer virus, bugs, worms, trojan horses, denial of service attacks, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Contest. In such event, no prizes will be awarded. If Sponsor elects to cancel or terminate the Contest under any of the circumstances described above, Sponsor will not retain any rights in the submitted photographs and will return all entry fees.

11. Winners List

Winners' names will be available online at surfacemag.com/avantguardian2010 after October 1, 2010. Alternatively, for names of Finalists send a self-addressed, stamped envelope to Avant Guardian, 12 West 27^th St., 10^th Floor, NY, NY 10001.

12. Data Privacy

By entering, entrants agree that personal data, including without limitation name and email address, may be processed, shared, and otherwise used for future marketing purposes, within the context of the Contest and any other purposes outlined in these Official Rules. The data may also be used by the Sponsor in order to verify the participant's identity, postal address, and telephone number or to otherwise verify the participant's eligibility to participate in the Contest. Participants have the right to access, review, rectify, or cancel any personal data held by Sponsor by writing to the sponsor. Personal data will be used by Sponsor and its affiliates exclusively for the purposes stated herein.