Rules

KingBirder (“KB”) is a photo contest website that combines the skills of birding with the skills of photography.  As a result, some of our rules are unique for photo contests. Please be sure to read through the following very carefully.

VOID WHERE PROHIBITED.

BY ENTERING ANY KB CONTEST, YOU AGREE TO THESE TERMS AND CONDITIONS:

Who is eligible?

KB photo contests are open to all international* professional and amateur photographers who have reached the age of 18 at the time of entry (“Entrants”).  KB employees, interns, and immediate family of KB employees and interns are not eligible.

Upon submitting an entry to a KB contest, Entrants certify that their participation in the contest is not illegal or in violation of any law, regulation, treaty, or administrative act, and that the laws of their governing jurisdiction of residence at the time of entry do not prohibit or limit the receipt of any Prize in the contest. 

KB reserves the right to reject any entry, if in KB’s sole discretion, the laws of an applicable jurisdiction, including but not limited to the Entrant’s jurisdiction of residence at the time of entry, would prohibit or limit KB from proceeding with the contest as intended or the consideration or awarding of any prize would impose additional administrative, tax, operational, or legal burdens on KB.

*Individuals who are residents in any “Excluded Jurisdiction” countries are not eligible to compete in any KB contest.  These are countries listed on the US Treasury Office of Foreign Assets Control Active Sanctions Programs.  Please click the following links to see the effected countries, https://sanctionssearch.ofac.treas.gov

Ethics: 

KB strongly believes in ethical bird photography, and expects Entrants to adhere to best practices, as established by the National Audubon Society’s “Guide to Ethical Bird Photography”, https://www.audubon.org/get-outside/audubons-guide-ethical-bird-photography. In general, please use caution and restraint while tracking your subjects in their natural environment.  Keep any disturbance to the birds to a minimum, especially during stressful and important times such as nesting, molting, resting, and hunting/foraging.  We strongly discourage efforts to falsely create a “natural” setting by staging the conditions. Photos obtained from backyard bird feeders are allowed; bait in the form of live rodents, reptiles, or birds are not. Photos of captive birds are not permitted. We believe that the natural world has abundant opportunities for wonderful photographs without human intervention!

Photographic Integrity:

Modern software applications for post processing have many capabilities to alter the original image. KB does allow for reasonable alterations to exposure, sharpness, contrast, and color. Minor cropping, minor dodging and burning, and noise removal are also allowed; cloning is not.  Cropping in the 30%-40% range would be considered reasonable.  If an Entrant’s photo is seriously considered for a prize, KB will ask that the Entrant provide the original file (RAW strongly preferred) to ensure that it has not been overly processed or altered.  KB reserves the right, in its sole discretion, to disqualify an Entrant for a photo that KB determines is “overmanipulated.” 

How to enter:

Each KB contest has a theme and a relevant time period.  Full descriptions of the current and upcoming themes exist in the “Contest Information” section of the KB website.  All entries must conform to the contest theme or they will be deemed ineligible.  All entries must also comply with the time period associated with each contest.  For example, if the contest time period is January 1, 2020 to February 28, 2020 the photo must be shot and submitted within the time period.  Any photos with date stamps outside of the eligible time period will be eliminated.  KB has the right to review and retain a photograph’s metadata. 

Photos that violate or infringe upon another person’s rights, including but not limited to copyright, are not eligible. 

Once the Entrant has determined he/she would like to enter the contest, the Entrant may create a KB user profile at no cost.  All Photos must be uploaded digitally on the KB entry site.  We do not accept photos submitted through the mail.  Submit photos in a .jpeg, .jpg, or .gif format, file size is limited to 10 MB per image.  Unless otherwise provided in the specific contests rules, Entrants may submit photos in blocks of ten for a cost of $40.00 USD, blocks of five for a cost of $25.00 USD, or individual photos for $8.00  USD each.  Unless otherwise provided in the specific contest’s rules, there is no limit to the number of photos that an Entrant can submit. 

Judging:

Winners will be chosen by our esteemed experts on the KB jury (link to profiles). Judging is anonymous and at the sole discretion of the judges. 

Entries will be judged based upon the following: artistic merit, composition, technical merit, originality, adherence to the theme, natural environment, and overall impression.  KB will announce and notify the winners within 30 days of the closing date for each contest. 

Please be patient and refrain from contacting us during the judging period.  KB will notify winners via the contact information provided at the time of entry.

Prizes:

KB offers cash prizes for each contest.  Unless the rules of the specific contest state otherwise, the current prize levels are as follows:

1st Prize - $3000

2nd Prize - $2000

3rd Prize - $1500

4th Prize - $1000

5th Prize - $500

KB also rates entries with “gold”, “silver”, and “bronze” medals.  As users accumulate medals in their profile, they may become eligible for additional awards (such as KB merchandise).

POTENTIAL CONTEST WINNERS ARE SUBJECT TO VERIFICATION BY KB WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. The potential winner must continue to comply with all terms and conditions of these Contest Rules or any other contest specific contest, and winning is contingent upon fulfilling all requirements. The potential winner will be required to sign and return to KB, within seven days of the date notice is sent, an affidavit of eligibility and a liability and publicity release (except where prohibited) in order to claim his or her prize, if applicable. A winner who returns the affidavit of eligibility and liability and publicity release within the required time period will be deemed to have accepted the prize.

Binding Agreement:

These rules are legally binding with respect to all KB contests.  In order to participate in a KB contest, all Entrants must agree with the Contest Rules of the contest.  If Entrant does not agree to these rules, Entrant is not eligible to participate in the contest.  Entrant agrees that upon submitting entries to a contest constitutes the Entrant’s agreement to be bound by these rules.  Please read them carefully. 

Intellectual Property:

Entrants retain ownership and all other rights to future use of the photographs entered into any KB contest. By entering into a contest, however, the Entrant grants KB and any of its affiliates a limited, royalty-free, world-wide, perpetual, fully-paid license to: (i) publish the Entrant’s photographs and profile information on the KB website; (ii) share the Entrant’s photographs on the Internet, on KB’s social media sites (e.g., Facebook, Instagram, etc.) and KB’s newsletters. Full credit and a link to the Entrant’s account will be given, when feasible.  KB will not sell photographs to any interested third parties. 

Disputes and Choice of Law:

KB is governed by the laws of the United States and is subject to applicable federal, state, and local laws and regulations.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Contest Rules or the rights and obligations of Entrant and KB in connection with any contest shall be governed by, and construed in accordance with, the laws of the State of Rhode Island (USA), without giving effect to any choice of law or conflict of law rules.  Entrants agree that: (i) any and all disputes, claims and causes of action arising out of or connected with a contest, or any prizes awarded, other than those concerning the administration of the contest or the determination of the winner, shall be resolved individually, without resort to any form of class action and(ii) any and all disputes, claims and causes of action arising out of or connected with a contest, or any prizes awarded, shall be resolved exclusively by a court of competent jurisdiction located in the State of Rhode Island.

Malware:

Entrants shall not submit materials to KB that introduce any software viruses, worms or any other malware designed to damage or manipulate software, hardware or telecommunications equipment.  Any Entrants attempt to or actually causes damage to KB’s website or undermine the legitimate operation of the KB site are in violation of criminal and civil laws.  Should such an attempt or entry be made, KB reserves the right to seek damages to the fullest extent permitted by law.

Taxes:

All federal, state, and local taxes, fees, and surcharges on prize packages are the sole responsibility of the winners.  Winners of a prize or prizes valued $600 or more in any given year may be required to submit an IRS form W-9 prior to receiving their prize and will be issued an IRS Form 1099 to report their winnings.

Warranty:

By entering in any KB contest, each Entrant warrants that his or her entry materials (i) are original, (ii) are his or her individual property and are free and clear of any rights of others, and (iii) do not infringe on any third party’s rights.  KB reserves the right to disqualify any entry if it finds in its sole discretion that any of the foregoing warranties are not true.  Decisions of KB shall be final and binding. 

Release and Limitation of Liability:

All Entrants shall hold KB and its respective owners, officers, employees and agents harmless from and against all claims of any nature arising in connection with Entrant’s participation in any KB contest and acceptance or use of a prize.

KB and its affiliates are not responsible for: (i) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the contest; (ii) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in the Internet or KB’s servers ; (iii) unauthorized human intervention in any part of the entry process or the contest; (iv) technical or human error which may occur in the administration of the contest or the processing of entries; or (v) 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 receipt or use of any prize. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy a refund any fees paid by Entrant.  Without limiting the foregoing, Entrant shall not be entitled to claim punitive, incidental or consequential damages, or any other damages, including attorney’s fees, other than the Entrant’s entry fees paid to KB. 

Privacy Policy:

Entrants may provide personal information such as address, email address, or phone number as they complete their profile.  Entrants understand that KB may use such information to communicate with him or her for the purposes of administering the contest and complying with applicable laws and regulations.  Information shall only be used in accordance with the KB contest and will not be shared with non-authorized third parties. 

General Conditions:

KB reserves the right to cancel, suspend and/or modify any contest, or any part of it, for any reason including without limitation if any fraud, technical failures or any other factor beyond KB’s reasonable control impairs the integrity or proper functioning of the contest, as determined by KB in its sole discretion. KB reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the contest or to be acting in violation of these Contest Rules in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of a contest may be a violation of criminal and civil law, and, should such an attempt be made, KB reserves the right to seek damages from any such person to the fullest extent permitted by law. KB’s failure to enforce any term of these Contest Rules shall not constitute a waiver of that provision.