PRO COMPETITION RULES

Missouri Pro Photography Competition
The purpose of this photography competition is to provide breathtaking and stunning travel images of Missouri to promote, support and drive tourism in the State of Missouri and to further enhance the Missouri tourism campaign.

1. HOW TO ENTER AS A PRO PHOTOGRAPHER:
To be considered for the Missouri Pro Photography Competition ("Competition"), a photographer must complete an entry form and provide a URL address for their portfolio. Incomplete entries will be voided. An e-mail address for each entrant is required for contact. Entrants must be the authorized user of the e-mail address submitted at the time of entry. Limit one portfolio entry per person.

Photographs: The portfolio entry images must be by the original photographer, may be taken of any subject (with travel photographs preferred), but do not have to be of Missouri. Portfolio entry images must be in natural color. Black and white, sepia tone, and duotone images are not eligible. The photographer with the best 20 photos exemplifying our icons will be awarded a grand prize of $500.00.

Restrictions: Obscene, provocative or otherwise questionable content will not be considered. Missouri Division of Tourism retains sole discretion as to what constitutes inappropriate content.

2. ELIGIBILITY:
The Pro Competition is open to professional photographers who are at least 18 years of age or older and who are legal residents of the U.S. (excluding Puerto Rico). Employees of the Missouri Division of Tourism, the Missouri Department of Economic Development, the Tourism Commission, the Missouri Association of Convention and Visitor Bureaus, the Missouri Travel Council, and their respective affiliates, subsidiaries, advertising and promotion agencies and the immediate family members and/or those living in the same household are ineligible. Void where prohibited or restricted by law. Missouri Division of Tourism reserves the right to reject entries from countries, states and jurisdictions where this contest is prohibited.

3. SELECTION PROCESS:
Ten (10) photographers will be selected by Hoffman|Lewis (the "Judges") on or about June 15, 2010, from among the eligible portfolio entries received by the deadline to enter the Competition.

Photographers shall be selected by the Judges on the basis of the following criteria: creativity, composition, photographic quality and overall impact. Preference will be given to those photographers who best illustrate a compelling and desirable travel destination. The portfolio submitted is for purposes of judging and selecting photographers to advance and enter the Competition.

In judging eligible entries, the Judges may consider advice from outside experts. By participating, entrants agree to be bound by these Rules, the decisions of the Missouri Division of Tourism, and the Judges, which shall be final and binding in all respects. The Judges reserve the right to disqualify any entry if it finds any evidence of tampering, as solely determined by the Judges. The 10 final photographers will be notified by either email, U.S. mail, telephone, and/or by overnight courier.

4. COMPETITION PERIOD
The Competition begins Midnight Eastern Standard Time (EST) July 1, 2010 and ends 11:59 p.m. EST September 30, 2010. Three months are dedicated so photographers have the opportunity to photograph throughout the season.

5. PRIZES
The prizes are posted at PictureMissouri.com

Missouri Division of Tourism will award the Photographer with the best 20 photos exemplifying that assignment. Missouri Division of Tourism will announce the winner on October 15th. The winner will be notified either by email, U.S. mail, telephone, and/or by overnight courier.

6. JUDGING
All eligible Judging Images will be reviewed by all of the Judges. Judges will rate the Judging Images based on photographic merit and image quality. The purpose of the imagery is to portray a specific area of Missouri as a desirable travel destination and is the foremost criterion. Decisions of the Judges are final.

Judges may request to see original RAW files or slide film to compare with Photographer's final Judging Images to verify that only allowable manipulations have occurred. Any unallowable manipulations will result in that image being disqualified.

7. ENTRY IMAGES
The main objective is to create imagery that is unique to Missouri and to promote travel and tourism in the State of Missouri. All Entry Images must be composed in the assigned area. Entries Images that include subject matter located on land other than the assigned area shall be disqualified. Any Entry Images that include models or recognizable people and/or private property require a usage agreement.

Click here to download the talent release form.
Click here to download the property release form.

8. OWNERSHIP OF ENTRY IMAGES The Missouri Division of Tourism shall be the sole and exclusive owner of all rights and title in and to the Entry Images. The Photographer also agrees to waive any moral rights in the Entry Images.

By entering the Competition, you grant to the Sponsors, the Affiliates, and their licensees a non-exclusive, perpetual, irrevocable license to use, copy, distribute, perform, display the image and also to prepare derivative works based upon the image without payment, royalties, or any other compensation for the following purposes:
- To publish and license the image on VisitMO.com;
- To publish and license the image on News.VisitMO.com for media use in any publications or mediums related to that source;
- To publish and license the image in the Missouri Division of Tourism's printed materials, and/or in any other of the Missouri Division of Tourism's media forms, now known or later developed.

Further, by entering the Competition, you grant to the Sponsors and the Affiliates the right to use and publish your name, likeness, and state of residence online, in print, and all other media for editorial, advertising, and promotional purposes in connection with the Contest without payment or additional compensation unless prohibited by law. Also by entering the Contest, you agree to release and hold harmless the Sponsors and the Affiliates from any and all liability for any injuries, loss, claim, action, demand, or damage of any kind arising from or in connection with the Competition or Competition prize.

As a condition of participating in this Competition, Photographer agrees that any dispute that cannot be resolved between the parties, and causes of action arising out of or connected with this Competition shall be resolved individually, without resort to any form of class action, exclusively, before a court of competent jurisdiction located in the State of Missouri, which court shall apply the laws of the State of Missouri without regard for rules of conflicts of law. In any such dispute, Photographer shall, under no circumstances, be entitled to claim punitive, incidental, or consequential damages, or any other damages, including attorneys' fees, other than Photographer's actual out-of-pocket expenses (if any) associated with participating in the Competition, and Photographer hereby waives all rights to have damages multiplied or increased.

9. GENERAL CONDITIONS
Assigned Photographers grant the Missouri Division of Tourism, and the Missouri Department of Economic Development the right to use and publish each Assigned Photographer's name and state of residence on the Internet, in print, and in any other media in connection with the Competition for editorial, advertising, and promotional purposes without payment of compensation or royalties unless prohibited by law. By entering the Competition, Photographer agrees to release and hold harmless the Missouri Division of Tourism, its parents, affiliates, subsidiaries, and related companies, its advertising and promotional agencies, its members and any of the foregoing's directors, officers, employees, attorneys, agents, and representatives of the Missouri Department of Economic Development from any and all liability for any injuries, loss, claim, action, demand, or damage of any kind arising from or in connection with the Competition or any prize won, any misuse or malfunction of any prize awarded, participation in any Competition related activity, or participation in the Competition.

10. LIMITATIONS OF LIABILITY: The Missouri Division of Tourism is not responsible for any incorrect or inaccurate information, whether caused by web site users, or by any of the equipment or programming associated with or used in the Competition or by any technical or human error that may occur in the processing of submissions in the Competition, including but not limited to, any misprints or typographical errors. The Missouri Division of Tourism assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of, entries, portfolios, or Entry Images. The Missouri Division of Tourism is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of e-mail on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to participants or to any other person's computer related to or resulting from participating or downloading materials related to this Competition. If, for any reason, the Competition is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of the Missouri Division of Tourism that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Competition, the Missouri Division of Tourism reserves the right at its sole discretion to cancel, terminate, modify, or suspend the Competition. The Missouri Division of Tourism reserves the right to award prizes based on the entries received before the termination date.

11. TAXES AND FEES
The winners shall be solely responsible for any and all taxes and fees, including attorney fees and fees of any kind imposed upon or arising out of successful participation in the Competition. Entrants will pay their own federal income taxes and any excise tax or personal property tax. Winning participants will be required to fill out a W-9 in order to receive a check for any prize money as required by the Internal Revenue Service.

12. Indemnification by Participants By entering the Competition, entrant: (a) releases and holds harmless the Missouri Department of Economic Development and the Missouri Division of Tourism and its sponsors, subsidiaries, affiliates, employees, directors, officers, suppliers, and agents from any and all liability for any injuries, loss, or damage of any kind to persons, including death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any prize, participation in this Competition, or participating in any prize-related activity; and (b) agrees to forthwith defend, fully indemnify, and hold harmless the Missouri Department of Economic Development and the Missouri Division of Tourism and its sponsors, subsidiaries, affiliates, employees, directors, officers, suppliers, and agents from any and all claims by third parties without limitation.

13. CONDUCT
By entering the Competition, entrants agree to be bound by these Rules. Entrants further agree to be bound by the decisions of the Judges, which shall be final and binding in all respects. The Missouri Division of Tourism reserves the right, in its sole discretion, to disqualify any entrant it finds to be: (a) tampering or attempting to tamper with the entry process or the operation of the Competition; (b) violating the Competition rules; (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any person, property, or wildlife.

14. TERMINATION
The Missouri Division of Tourism reserves the right to amend or terminate all or any portion of this Competition at any time for any reason without prior notice.

15. LIST OF WINNERS: Winners will be announced at the completion of the Competition. Winners will not be announced publicly until notified. For a printed list of winners, mail a separate, self-addressed stamped envelope to: Missouri Photo Contest, Hoffman Lewis, 30 Maryland Plaza, St. Louis MO 63108.