Terms & Conditions

OFFICIAL RULES | Nat Hab Guest Photo Contest

SPONSOR: The Nat Hab Guest Photo Contest (the “Contest”) is sponsored by Natural Habitat Adventures (“NHA” or “Sponsor”), located at PO Box 3065, Boulder, CO 80307.

ELIGIBILITY: The Contest is open to Nat Hab Guests who are at least eighteen (18) years of age at the time of entry and are legal residents (“Applicant”) of the United States of America (“USA”) or Canada. The Contest is not open to the general public. Members of the immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of NHA employees (collectively, the “Released Parties”), are NOT eligible to apply for the contest (defined below).

AGREEMENT TO OFFICIAL RULES: By participating, Applicants agree to abide by and be bound by these Official Rules and the decisions of NHA, which are final and binding in all matters relating to winning a Prize. Winning a Prize (as defined below) is contingent upon fulfilling all the following requirements.

TIMING: The Submission Period will take place from 12:00:01 a.m. MT on October 1, 2024 through 11:59:59 p.m. MT on October 31, 2024 (“Submission Period”). The Judging Period will take place from 12:00:01 a.m. MT on November 1, 2024 through December 10, 2024 (“Judging Period”). The Voting Period will also take place from 12:00:01 a.m. MT on November 1, 2024 through December 10, 2024 (“Voting Period”). The Prize Winners will be announced to the public on December 16, 2024, during the Daily Dose of Nature webinar, will be contacted shortly thereafter.

HOW TO ENTER THE CONTEST: Applicants have the opportunity to apply (enter the Contest) by visiting https://photocontest.nathab.com/ (the “Website”) and filling out all required fields and uploading a photo to the photo submission form (“Application”). Limit five (5) submitted Applications per person.

SUBMISSION REQUIREMENTS AND RESTRICTIONS: Applications must be received by NHA during the Submission Period. Applications received by NHA after the end of the Submission Period will not be accepted. Applicants who do not follow all of the instructions, do not provide the required information in their Application form, or do not abide by these Official Rules or other instructions of NHA may be disqualified. Your Application submission constitutes your representation of eligibility, consent to participate in the Contest and consent for NHA to obtain, use, and transfer your name, contact information, submission materials and other information for the purpose of the Contest.

By submitting an Application, each Applicant irrevocably: 1) grants NHA, World Wildlife Fund (WWF), Linblad Expeditions and its subsidiaries non-exclusive right to use, publish, and modify the content in their submitted Application for use in NHA’s, WWF's, Linblad Expeditions and its subsidiaries' promotional materials, without further permission, consideration or payment to the Applicant; 2) warrants and represents that the content in their submitted Application is entirely their own original work; and 3) certifies that the Applicant is the creator and sole copyright owner of the content in the submitted Application.

PHOTO SUBMISSION RULES & GUIDELINES

Photo must be original, meaning you may only submit a photo that you created and for which you own the copyright.
Contestants can enter up to 5 (five) photos.
Photo must have been taken on a Nat Hab trip.
We are looking for photos of landscapes and/or wild animals in their natural habitat. We welcome photos with people in them. If there are people in the photo, they must be observing animals from a safe and respectful distance. If we determine a person is too close to an animal or touching an animal in a photo entry, the photo will be disqualified.
Photo may be vertically or horizontally oriented.
Photo must be submitted in .JPG format. Additionally, photo must be at least 3MB in size and at least 3000 pixels on the long edge of the image.
Digitally manipulating photos should be kept to a minimum. Digital adjustments are permitted providing they do not deceive the viewer or misrepresent the reality of nature, or what was originally captured by the camera. For example, sky replacements are not allowed.
Permited editing includes: tone and contrast, burning, dodging, cropping, sharpening, noise reduction, minor cleaning work (e.g. removal of sensor dust, removal of chromatic aberration, lens distortion, and vignetting), HDR, stitched panoramas, “stacking”) - photograph stacking and combined for the purposes of; focus stacking, exposure blending, noise reduction or lengthening exposure if taken at the same location at approximately the same time (as a continuous sequence).
Minor digital removals are permitted provided they do not use Generative AI or create new pixels. This may include cloning out or removing small objects, dirt, highlights, debris or similar.
On the use of AI in Photo Editing: there are many functions in image editing applications described as AI that are allowed, such as object/subject selection, denoise, sharpening, and image enlargement.
If any post processing method adds new image content to the photograph via AI algorithms or by manual intervention, the resulting photograph/image cannot be submitted for competition. Actions that “generate” something new not from your camera are not allowed.
Exercise care in the use of image processing tools such as the “remove” tool in Photoshop and similar features in other applications. For example: In Photoshop, the REMOVE tool may not be used if GENERATIVE FILL is used. In the Lightroom Develop module do not check the “generative AI” checkbox before using tools like remove, heal, and clone.
Natural Habitat Adventures reserves the right to crop photos and make slight alterations such as color correcting. Images must not include a border. If an image includes a border, Nat Hab reserves the right to crop it.
A subtle watermark on the corner of the image is acceptable, but Nat Hab reserves the right to crop photos, which may remove a watermark. Watermark should cover no more than 5% of the photo. If your submitted photo has a watermark and we opt to use it in our marketing materials, we may ask for a copy without watermarks.
Natural Habitat Adventures reserves the right to make minor alterations to photo titles and descriptions for the purpose of correcting grammatical and spelling mistakes, etc.

GENERAL CONDITIONS: If for any reason the operation or administration of this Contest is impaired or incapable of running as planned for any reason, including but not limited to: (a) infection by computer virus, bugs; (b) tampering, unauthorized intervention; (c) fraud; (d) technical failures; or (e) any other causes of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest in whole or in part, at any time, without notice and award the applicable prize (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest or Sponsor’s Website; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared to be the authorized account holder of the email address in question submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Contest, Applicants agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an Applicant from submitting an entry; (b) unauthorized human intervention in the Contest; (c) printing errors; (d) errors in the administration of the Contest or the processing of entries; or (e) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Applicant’s participation in the Contest or receipt of a prize. Sponsor assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to the Applicant’s or any other person’s computer relating to or resulting from participation in this Contest or downloading any materials in this Contest. The Applicants further agree that in any cause of action, the Sponsor’s liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Sponsor be liable for attorney’s fees. Applicant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. For New Jersey Residents: nothing herein bars recovery of damages or attorneys’ fees where mandated by statute.

Except as expressly provided above, IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS CONTEST OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE AWARD.

By participating, Applicants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Contest or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Award. Released Parties are not liable in the event that any portion of the Contest is cancelled due to weather, fire, strike, acts of war or terrorism, pandemic, or any other condition beyond their control.

EACH APPLICANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES OF AMERICA ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

EXPERT CHOICE WINNER DETERMINATION/NOTIFICATION: Judging Period: Following the conclusion of the Submission Period, NHA will begin the Judging Period. During the Judging Period, each Application will be reviewed by a qualified judge or panel of judges appointed by NHA. Each Application will be judged based on the following criteria:

25% - Technical Excellence - Focus, Exposure, Lighting, Composition, Color and Contrast

25% - Originality and Creativity - Unique Perspectives, Creative Techniques, Imagination and Style

25% - Emotional Impact and Storytelling - Evokes Emotion, Interesting Narrative, Captures a Moment

25% - Relevance to Theme or Category

The Applicant who receives the highest score based on the Judges’ review will be deemed the potential Expert Choice Grand Prize Winner (“Expert Choice Grand Prize Winner” or “Winner”); The Applicant who receives the Second highest score based on the Judges’ review will be deemed the potential Expert Choice First Prize Winner (“Expert Choice First Prize Winner” or “Winner”); The Applicant who receives the third highest score based on the Judges’ review will be deemed the potential Expert Choice Second Prize Winner (“Expert Choice Second Prize Winner” or “Winner”). The Winners will be announced during the Daily Dose of Nature webinar on Decemeber 16th, and contacted by NHA via phone and/or email shortly thereafter.

EXPERT CHOICE PRIZES & PRIZE CONDITIONS: There will be one (1) Expert Choice Grand Prize, one (1) Expert Choice First Prize, and one (1) Expert Choice Second Prize awarded.

The Expert Choice Grand Prize Winner, upon the Administrator’s confirmation of eligibility, will receive a $5,000 trip credit. (“Expert Choice Grand Prize” or “Prize”).

The Expert Choice First Prize Winner, upon the Administrator’s confirmation of eligibility, will receive a $3,000 trip credit. (“Expert Choice First Prize” or “Prize”).

The Expert Choice Second Prize Winner, upon the Administrator’s confirmation of eligibility, will receive a $1,000 trip credit. (“Expert Choice Second Prize” or “Prize”).

Total Prize Pool of the Expert Choice Contest is $9,000. All other expenses not specifically mentioned herein, including but not limited to, travel to and from the start and end point of your trip, some alcoholic beverages, some gratuities, passport and visa fees (if any), optional activities, items of a personal nature (phone calls, laundry and internet, etc.), airline baggage fees, airport and departure taxes (if any), required medical evacuation insurance and optional travel protection insurance, are the responsibility of the Winners. Sponsor reserves the right to substitute a prize with another prize of greater or equal value.

NHA is not responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the airline, hotels or other transportation companies. NHA shall not be liable for any loss or damage to baggage and/or personal property. All travel dates are subject to change at NHA’s sole discretion. If actual value of the prize is lower than the stated ARV when Award is procured and fulfilled, then the difference will not be awarded.

Winners must sign and agree to NHA’s Terms & Conditions.

PEOPLE’S CHOICE WINNER DETERMINATION/NOTIFICATION: Voting Period: Following the conclusion of the Submission Period, NHA will begin the Voting Period. During this time, the Sponsor will make all eligible Contest entries available for public voting within the Contest website. The general public will be invited to visit the Website and vote for the entry that they find most deserving of the Grand Prize. Limit one (1) vote per person per day. Sponsor reserves the right, at its sole discretion, to disqualify any vote(s)/voter(s) deemed to be (a) tampering or attempting to tamper with the Voting process; (b) submitting more than the maximum number of votes allowed per day; or (c) violating these Official Rules in any way. In addition, Entrants (or voters) are not allowed to use or promote the use any voting board or voting forum to increase their vote total. Any Entrant/voter suspected of using or promoting use of a voting board or voting forum may be subject to disqualification, at the Sponsor’s sole discretion. Entrants/voters may not incentivize voting through the use personal giveaways, Sweepstakes, or Contests. Any Entrant found attempting to violate or encourage violation of the voting limits and restrictions will be disqualified.

The Applicant who receives the most votes will be deemed the People’s Choice Grand Prize Winner (“People’s Choice Grand Prize Winner” or “Winner”).

The Applicant who receives the second most votes will be deemed the People’s Choice First Prize Winner (“People’s Choice First Prize Winner” or “Winner”).

The Applicant who receives the third most votes will be deemed the People’s Choice Second Prize Winner (“People’s Choice Second Prize Winner” or “Winner”). The Winners will be announced during the Daily Dose of Nature webinar on December 16, 2024, and contacted by NHA via phone and/or email shortly thereafter.

PEOPLE’S CHOICE PRIZES & PRIZE CONDITIONS: There will be one (1) People’s Choice Grand Prize, one (1) People’s Choice First Prize, and one (1) People’s Choice Second Prize awarded.

The People’s Choice Grand Prize Winner, upon the Administrator’s confirmation of eligibility, will receive a $5,000 trip credit. (“People’s Choice Grand Prize” or “Prize”).

The People’s Choice First Prize Winner, upon the Administrator’s confirmation of eligibility, will receive a $3,000 trip credit. (“People’s Choice First Prize” or “Prize”).

The People’s Choice Second Prize Winner, upon the Administrator’s confirmation of eligibility, will receive a $1,000 trip credit. (“People’s Choice Second Prize” or “Prize”).

Total Prize Pool of the People’s Choice Contest is $9,000. All other expenses not specifically mentioned herein, including but not limited to, travel to and from the start and end point of your trip, some alcoholic beverages, some gratuities, passport, and visa fees (if any), optional activities, items of a personal nature (phone calls, laundry and internet, etc.), airline baggage fees, airport and departure taxes (if any), required medical evacuation insurance and optional travel protection insurance, are the responsibility of the Winners. Sponsor reserves the right to substitute a prize with another prize of greater or equal value.

NHA is not responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the airline, hotels or other transportation companies. NHA shall not be liable for any loss or damage to baggage and/or personal property. All travel dates are subject to change at NHA’s sole discretion. If actual value of a prize is lower than the stated ARV when Award is procured and fulfilled, then the difference will not be awarded.

Winners must sign and agree to NHA’s Terms & Conditions.

VOTING ENTRY, DRAWING, PRIZE: During the Voting Period, voters will receive one (1) entry into a random draw sweepstakes, where the Administrator will select one (1) Voting Prize Winner. The Voting Prize winner will be selected in a random drawing conducted by the Administrator during the Daily Dose of Nature webinar on December 16, 2024, and contacted by NHA via phone and/or email shortly thereafter. Odds of winning the Voting Prize will depend on the total number of eligible entries received throughout the Voting Period. The potential Voting Prize Winner will each be contacted by the Sponsor or Administrator via phone, email, and/or USPS mail. There will be one (1) Voting Prize available.

The Voting Prize Winner will receive a choice between a $500 Visa gift card or a $500 donation to World Wildlife Fund.

The six (6) winners will be announced during the Daily Dose of Nature webinar on December 16, 2024, and contacted by NHA via phone and/or email shortly thereafter. In order to claim his/her Prize each must sign an Affidavit of Eligibility, Liability & Publicity Release in order to claim their Prize. Note: The Affidavit sent to a potential Winner will require that the Winner provide their Social Security Number to the Administrator, which will be used solely for tax reporting purposes. Each Winner will be responsible for all local, state, and federal taxes associated with the receipt of their Prize. The Winners must note that the value of the accepted Prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the value of the Prize). The Winners are solely responsible for all matters relating to the Prize after it is awarded. If a Prize or Prize notification is returned as unclaimed or undeliverable to the potential Winner, if a potential Winner cannot be reached or does not comply with notification instructions within three (3) business days from the first notification attempt, if a potential Winner fails to return requisite document(s) within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate Winner may be selected.

The Winners are responsible for obtaining documents necessary for their respective international travel (i.e. passport), if applicable. The Winners are solely responsible for all matters relating to their prize after it is awarded. If a potential Winner cannot be reached or does not comply with notification instructions within three (3) business days from the first notification attempt, or if the potential Winner fails to return the required document(s) within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then the potential Winner shall be disqualified and, at NHA’s sole discretion, an alternate Winner may be selected for the prize.

By accepting a prize, the Winners grant NHA the right to print, publish, and/or broadcast a Winner’s full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification.

USE OF DATA: All information submitted by Applicants will be treated according to NHA’s privacy policies, available at http://www.nathab.com/privacy-policy/.

DISPUTES: By submitting an Application, applicants agree that (1) Any and all disputes, claims, and causes of action arising out of or connected with a prize shall be resolved individually, without resort to any 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 a Prize but in no event attorneys' fees; and (3) Under no circumstances will any Applicant be permitted to obtain any award for, and Applicant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased 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 Official Rules, shall be governed by, and construed in accordance with the laws of Colorado without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than Colorado. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The values of the Award set forth above represents NHA’s good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed.

SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.

MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Contest and supersede all prior and contemporaneous agreements, representations, and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsor and Administrator. The waiver by Sponsor or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Applicant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor, Administrator, and Applicant.

WINNERS LIST REQUEST: To request confirmation of the first name, last initial, city, and state of residence of each Winner, please send a self-addressed, stamped business size envelope, by February 16, 2025 to: ASC/Nat Hab Guest Photo Contest Winners List Request, 300 State St., Suite 402, Rochester, NY 14614.