ATP Tour, Inc. Fan 'Feel It' Photo Competition - Thailand Open - Official Rules

Here is how you participate in ATP Tour's "Feel It" skill contest for amateur photographers (the "Contest") held in connection with ATP's regional Thailand Open, tournament held in Bangkok, Thailand from Monday, 22nd September, 2008 through Sunday, 28th September, 2008 (the "Tournament"). (Click here for eligibility requirements.) The person taking the winning photo will win a trip for 2 to Tennis Masters Cup in Shanghai, China (departing Sunday, 9th November, 2008, returning Wednesday, 12th November, 2008).

1. Contest description

Attend one or more Tournament matches and take photos that showcase ATP Tour players in action, as they "Feel It - The intensity, the ferocity, the speed, and the passion" of ATP Tennis! http://www.atptennis.com/5/en/deuce/feelit/default.asp. Select the photo you believe best demonstrates the intensity, the ferocity, the speed, and the passion of men's tennis. Following these rules and the instructions on the screen (the "Official Rules"), upload that photo to www.30love.net (the "Website"). Fans visiting the Website will vote to select the winning photo. If the Contest judge(s) determine the photo getting the most votes complies with the Official Rules, the winning photographer will receive an all-expenses paid trip for 2 to Tennis Masters Cup Tournament in Shanghai, China (see trip details below.) Plus, your winning photo will appear on the Website and in other ATP materials.

2. Contest period

The Contest begins at 12:01 a.m. local time on Monday, 22nd September 2008 and ends at 11:59 p.m. local time on Monday, 29th September 2008 (the day after Tournament play ends) (the "Contest Period"). 30Love.net's server is the sole determinant of time for the purposes of the Contest.

3. How to enter your photo

Your submission must satisfy all of the following requirements:

First, visit the Website and register for the ATP Fan 'Feel it' Photo Competition no later than the end of the Contest Period listed in Section 2.
Your registration must include the following:
1. The full, legal name of the individual who took the photo and is entering it in the Contest;
2. The email address you want ATP Tour, Inc. to use to contact you.
Finally, upload your photo to the Website no earlier than the beginning of the Contest Period listed in Section 2 and no later that the end of the Contest Period listed in Section 2 and include a short title and description for the photo. The terms and conditions of use, user policies, and other rules of the Website AND the Official rules that govern your submission. You may use any computer to which you have legal access to upload your photo.

4. Who is eligible to enter?

You must be 18 years or older as of the date you post your photo on the Website;
You must be an amateur photographer, and you may not derive income or take photos for compensation other than to enter into contests;
You must have a valid passport and other travel documents required for international travel; and
You must be a legal resident of Thailand.

Who is not eligible to enter -- employees, officers, directors, and members of the Immediate Family of any of the following: ATP Tour, Inc., its suppliers, sponsors, agencies, and independent contractors; and the employees, officers, directors, and members of the Immediate Family of any sponsor of the Tournament; and the Contest judges and members of their Immediate Family. "Immediate Family" means a mother, father, sister, brother, husband, wife, daughter, son, step-father, step-mother, step-daughter, step-son, step-brother, step-sister, half-brother, and half-sister. In addition, those living in the household of any member of Immediate Families, whether or not related, are ineligible.

5. Requirements for the photo entry

Photos must be taken by a still camera or phone camera and must be of actual occurrences at the Tournament; the images may not be manipulated in any way, including by airbrushing or using software programs such as Photoshop® to change the appearance of the action that actually occurred. Photos may not be more than 10mb. No video will be allowed or accepted.
Photos may not contain indecent, vulgar, obscene, or offensive material or material depicting drug use, smoking, guns, foul language, nudity, or behavior that is unsafe, reckless, illegal, lewd or violent.
Photos may not ridicule, denigrate, embarrass, or cast in a bad light any individual, entity, product, or service.
The only trademarked products a photo may include are products of ATP Tour, Inc., and the trademarks of any sponsor whose mark appears in the stadium or on players' clothing. Photos must not advertise or solicit any business.
The focus of the photos must be action on the court, not spectators or officials.
The photo you submit must be your original work and must not be subject to the claims of any third party. Your photo may not be based in any way on the work of any other person or entity, whether or not the work has been published or produced and whether or not it is fictional or non-fictional material. The judges will disqualify any photo that has won any prize or award, has been sold for publication, or that the judges, in their sole discretion, determine is not original. The judges will disqualify any photos they determine, in their sole discretion, are substantially similar to one another. If several people submit the same photo, only the person who first submitted the photo will be eligible for a prize.
CAUTION: The judges will disqualify your photo if they determine, in their sole discretion, it contains any elements that may violate the rights of a third party or that are from any source other than the play action at the Tournament.
Your name may not appear in the photo. Each photo will have an entry number.

The judges will determine, in their sole discretion, whether any given photo complies with the Official Rules.

6. You agree to the Official Rules

By participating in the Contest you are agreeing to follow the Official Rules and to receive ATP Tour's email messages about the Contest, and that the decisions of the judges are final. The judges will disqualify any entry that contains false or inaccurate information or that does not comply with the Official Rules.
You understand that ATP Tour will exhibit the photos publicly, including posting on the Internet, and that ATP Tour does not guarantee any confidentiality regarding any submitted photo.

7. Prizes

There will be one prize - a trip for 2 from the winner's city of residence to The ATP Masters Cup in Shanghai, China. The winner may select a traveling companion, who must be at least 18 years of age. The winner and traveling companion must depart from the winner's city of residence and travel together. Both the winner and the traveling companion must have a valid passport and other documents required for international travel. The trip departs on Sunday, 9th November, 2008 and returns on Wednesday, 12th November 2008. If the winner cannot travel on those dates for any reason (including the inability to secure a travel visa to China by the date of departure), the person taking the photo that received the second highest number of votes from fans that the judges determine complies with the Official Rules will be declared the winner. The trip includes economy class air travel arranged by ATP Tour on a carrier it chooses, transfers from airport to hotel, accommodations and breakfast at a tournament hotel, a food allowance for lunch and dinner at the tennis stadium on Monday and Tuesday, transportation between the hotel and Qi Zhong tennis stadium, 2 A+ tickets for Monday 10th November, 2008, and Tuesday, 11th November, 2008, and the opportunity for the winner only (not the traveling companion) to meet some of the top players. The total estimated value the trip is U.S. $ 2,700.
ATP Tour may, but is not obligated to, include the winning photo in its advertising.
Prizes are awarded "as is" with no warranty or guarantee, either express or implied, by ATP Tour. The winner and the traveling companion are responsible for obtaining the necessary visas for travel to China and for all taxes, if any are due, and any other costs and expenses associated with accepting and using the prize, including the cost of applying for a travel visa to China. The winner may not substitute, assign, or transfer prizes. There are no cash equivalents for any prize. ATP Tour reserves the right to substitute any prize with one of comparable or greater value.

8. Judging entries; Criteria; Selecting and notifying winners

ATP Tour will ask fans visiting the Website to vote for the photo they believe best represents the intensity, ferocity, speed, and passion of ATP Tour's theme, "Feel It". The contest judges (one or more employees of ATP Tour) will certify that the winner's entry complies with the Official Rules before naming the official prize winner. The decisions of the judges regarding the Contest, compliance with the Official Rules, and confirming winners are final.
ATP Tour will notify the prize winners by email or phone on or about 1st October, 2008. Within 10 days of the date of notification, the winner must confirm to ATP Tour, by email, his or her full name, mailing address, and phone number, and the identify of the travel companion , and, except where prohibited by law, submit an executed Affidavit of Eligibility and Publicity Release Form to be provided by ATP Tour.

9. All the other rules and conditions

ATP Tour will not acknowledge or return any photos or related submissions. All entries become the property of the ATP Tour.
No purchase of any product is necessary to enter or win the contest.
If ATP Tour is unable to notify the winner after reasonable attempts to do so by telephone or email, the Contest judges will disqualify the winner and designate the photo receiving the second highest number of votes and otherwise complying with the Official Rules as the winner. A prize winner who does not respond to the prize notification or return the Affidavit of Eligibility and Publicity Release Form within 10 days of receiving the notice will forfeit his/her prize, except where prohibited by law. If, after it awards a prize, ATP Tour determines a winner did not comply with the Official Rules, the prize winner will forfeit any part of the prize that has not been delivered.
If requested by ATP Tour, the winner agrees to be available, at no charge, for any media interviews related to the Contest.
By entering the Contest, you grant your permission to ATP Tour and its agencies and sponsors to use your name, address, likeness, biographical information, photo, and prize information (if any) for promotional, publicity, advertising, and public relations purposes throughout the world in any medium, including the Internet, without limitation and without further payment or consideration, except where prohibited by law.
All applicable national, provincial, state, and local laws and regulations and Tournament rules and conditions (such as prohibitions on flash photography and movement during play) apply. The Contest is void where prohibited or restricted by law.
ATP Tour does not endorse the contents of or any opinion expressed in any photo submitted. ATP Tour expressly disclaims any and all liability in connection with any submissions and use of the prize.
ATP Tour does not permit material on its websites that infringes the valid intellectual property rights of any third parties and will remove any content and entry material if a third party properly notifies ATP Tour that any content or entry material constitutes an infringing use of the third party's intellectual property rights.
ATP Tour reserves the right, in its sole discretion, to terminate, modify, or suspend the Contest at any time for any reason and, if it chooses, select the winner from the entries received prior to the action taken or in any other manner ATP Tour deems fair and appropriate.
As the sole owner of all photos submitted to the Contest, ATP Tour may edit, adapt, publish, and reproduce any or all of the photos and may use them in any media without attribution or compensation to the person submitting the photo or any person appearing in the photo.
ATP Tour does not assume any responsibility for (1) lost, late, misdirected, illegible, incomplete, damaged, or postage due entries or packages or entries that are not properly or timely submitted; (2) any acts or omissions in connection with the review and handling of the entries and fan voting; (3) technical, hardware, or software malfunctions; lost or unavailable network connections; or failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications, whether caused by you or by any of the equipment or programming associated with or used to take photos or transmit elements of an entry or by any human error that may occur in the processing of any submission; or (4) weather conditions that interfere with Tournament play or photography.
Any disputes arising out of the Contest or any prize will be resolved individually, without resorting to any form of class action, by arbitration. Judgments and awards will be only for actual, out-of-pocket costs incurred and will not include attorney's fees.
Except where prohibited, all issues of the construction, interpretation, and enforceability of the Official Rules or the rights and obligations of any participant and ATP Tour are governed by the laws of the State of Florida, without giving effect to its choice of law or conflicts of laws rules. If any provision of the Official Rules is deemed unenforceable or invalid, the other provisions remain in full force. ATP Tour's failure to enforce any term of the Official Rules does not constitute a waiver of that term.

10.Winners' list

To get a list of the names of all winners, which will be available after Monday, 13th October, 2008, send a separate self-addressed stamped envelope to: ATP Tour, Inc.; 201 ATP Boulevard; Ponte Vedra Beach, FL 32082, no later than 30th November, 2008, or by sending a request by email to legal@atptennis.com.

11. Sponsor

This contest is sponsored by ATP Tour, Inc.; 201 ATP Boulevard; Ponte Vedra Beach, FL 32082.

12. Your assignment, warranty and indemnity

YOU MUST CLICK THE BUTTON THAT SAYS "I ACCEPT THESE TERMS AND CONDITIONS" BEFORE YOU WILL BE ALLOWED TO SUBMIT YOUR ENTRY. BY CLICKING THE "I ACCEPT" BUTTON AND SUBMITTING YOUR PHOTO, YOU ARE AGREEING, IN ADDITION TO THE OFFICIAL RULES, TO THE FOLLOWING TERMS:

I represent and warrant that
1. I have complied with the Official Rules of the "Feel It" contest (the "Contest");
2. I have not, to the best of my knowledge, perpetrated a fraud or deception in connection with the Contest;
3. all elements of my entry photo are my original work and are not based in whole or in part on the work of any other person or entity, whether or not the other's work is fictional or non-fictional material and whether or not it has been published or produced;
4. no person other than me owns any rights in my entry, including rights as joint owner or joint author;
5. my entry has not won a previous prize or award, has not been published elsewhere, and has not been sold for publication;
6. nothing in my entry infringes any trademarks, copyrights, confidential information, or trade secrets of any person or entity or violates any person's rights of privacy or publicity;
7. I have obtained all releases, licenses, and permissions necessary to display my entry and use it for commercial purposes; and
8. I am not an employee, officer, director, or member of the Immediate Family of any of the following: ATP Tour, its suppliers, sponsors, agencies, or independent contractors; the Tournament; and I am not a member of the Immediate Family of any contest judge.
In return for the opportunity to participate in the Contest and enter a photo, I assign to ATP Tour, Inc. for zero money compensation, all of my rights in the photo and all elements of the photo. This assignment gives ATP Tour the sole right to publish, make available to the public, reproduce, and distribute the photo throughout the world in any media that exists now or is developed in the future for any lawful purpose and to use any ideas from my photo, whether or not I have been awarded a prize.
I understand that I am responsible for obtaining any necessary visa for travel to China and for all applicable taxes, whether they are national or federal, provincial or state, or local taxes, and other fees associated with any prize I win.
I hold harmless ATP Tour, its suppliers, distributors, agencies, sponsors, and independent contractors, the Contest judges, and any internet website operator that agrees to exhibit Contest entries on the internet, together with their respective directors, officers, employees, agents, and assigns, against any and all claims and liability arising out of or relating to the use by any of them of my photo, my participation in the Contest, and my receipt and use of any prize, including without limitation, those arising from bodily injury or property damage.
I understand that if I have made any false or misleading statement in connection with my entry, my entry will be disqualified and any part of my prize that has not been delivered will not be delivered.