AQUASCAPING WORLD COMPETITION OFFICAL RULES

OFFICIAL RULES

1. NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

2. The AquaScaping World Competition is hosted by AquaScaping World and its sponsoring partners. The geographic scope of this promotion is open to all countries across the globe. Contest is subject to all federal, state, provincial, territorial and local laws. Void where prohibited by law. By entering, entrants agree to these Official Rules. Limit one (1) prize per person per category.

3. This Contest is executed on www.aquascapingworld.com/competition ("Contest Site"). Contest begins on in November 8, 2010 5:00 Pacific Time ("PT"), and ends on March 31, 2011 ("Promotion Period"). Final entry deadline is March 31, 2011 at 5:00 p.m. PT. Winners will be announced publicly on or about May 15, 2011. AquaScaping World’s computer is the official time-keeping device of this Contest.

ELIGIBILITY

4. All Entrants must: (a) be over the age of majority in their respective jurisdictions of residence at the time of entry, (b) be legal residents of their respective countries at the time of entry, and (c) have Internet access as of November 2010.

PRIZES

5. Prizes (1): $300 (USD) and (1) Trophy/Plaque, (4) Pfertz Fertilizer Sets, (12) Contest Results Books, and (100) Certificates of Rank,

PRIZE RESTRICTIONS

6. Winners assume sole responsibility for all costs associated with the prizes not explicitly outlined above. All federal, state and local taxes (if any) are the sole responsibility of the winners. Winner must have a legitimate mailing address and Paypal is to be the primary transaction method for the cash prize.

7. Non-cash portions of prizes are not redeemable for cash and may not be sold or bartered. Prizes may not be transferred or substituted except that AquaScaping World in its discretion may substitute a prize, or portion thereof, with a prize or portion of equal or greater value if it deems necessary.

PHASE ONE: CONTEST SUBMISSIONS

8. Entries will be accepted beginning November 15, 2010 at 5:00 p.m. PT and ending March 31, 2011 at 5:00 p.m. PT ("Contest Period"). To enter, visit the Contest Site at www.aquascapingworld.com/competition and follow the instructions to complete a one-time-only Official Entry Form for each aquascape entry. Application must be completed in its entirety with tank specifications, photos and supplemental details as listed on the entry form.

9. Photos of the aquascape must include at minimum the front view, front angle view, and side view. Limit of 4 photos per entry.

10. Photos of the aquascape should best capture the spirit, visual movement, and balance of the layout.

11. Each Submission must be assigned to one of the following four (4) Categories:

- CATEGORY 1: Small tanks -> 0-60 liters (0-16 gallons)
- CATEGORY 2: Medium Tanks -> 61 - 200 liters (16-53 gallons)
- CATEGORY 3: Large Tanks -> 200+ liters (53+ gallons)
- CATEGORY 4: Biotopes

12. Each Submission must satisfy all of the applicable "Submission Requirements" below. An Entry is only complete when the confirmation box alerts you that your Submission has been successfully uploaded. This is the only method of entering this Contest and Entries will not be accepted via e-mail, regular mail or any other method.

13. Each Entrant can submit up to three (3) Submissions during the Contest Period.

14. Entries must be received by AquaScaping World no later than March 31, 2011 at 5:00 p.m. PT. Proof of sending is not proof of receipt by AquaScaping World. AquaScaping World will not accept screen shots as proof of entry. AquaScaping World is not responsible for, and Entrants assume all risk of, Entries that are lost, misdirected, mutilated, garbled, distorted, truncated, incomplete, not legible, if they contain errors or if for any reason they are not received by AquaScaping World prior to the stated deadline, and all such Entries are void. Entrants who fail to provide any of the information required above will not be eligible to win and may not be notified by AquaScaping World.

15. Each Entry must include a valid e-mail address and mailing address for the Entrant. In the event of a dispute as to the identity or eligibility of a Winner based on an e-mail address, the winning entry will be declared made by the Authorized Registered User of the e-mail address submitted at time of entry.

16. No group submissions will be accepted. Any use of robotic, repetitive, automatic, programmed, script, macro, or any other automated means or similar entry methods or agents (including, but not limited to, contest-entry services) are prohibited and will void all Entries submitted by that Entrant.

17. The personal information that you provide in connection with the Contest will be used by the AquaScaping World and its authorized agents for the purposes of administering the Contest, and will be stored on servers located in the United States. Personal information will otherwise be used as the Entrants agree in accordance with AquaScaping World’s Privacy Policy, which may be updated from time to time.

Submission Requirements

18. All Photos submitted during the Contest must be taken with a digital camera and must satisfy the following Submission Requirements:

  1. Photos must be original to Entrant (not copied, adapted, or reproduced from any other source and not a collaboration with any other person).
  2. Acceptable file formats are .jpg and .gif.
  3. Maximum dimensions of each Photo are 3000x3000 pixels.
  4. Maximum total file size of each Photo is 10 MB.
  5. No watermarks, signatures, or copyright notices may be added to any Photo.
  6. Photos may not depict any identifiable trademark or trade name.
  7. Photos must be appropriate for publication in online distributed contest book and magazine.

19. Any Submission that is determined by AquaScaping World in its sole discretion at any time during the Promotion Period to violate the Submission Requirements or the Official Rules, or to otherwise be unsuitable, offensive, in poor taste, or otherwise not in keeping with AquaScaping World’s image, as determined in the sole discretion of AquaScaping World, may be rejected and the accompanying Entry disqualified, even if the Entry has previously been submitted for Community Voting or Panel Judging (below). AquaScaping World retains sole discretion as to whether any Submission satisfies the Submission Requirements and its decisions are final.

Warranty/Indemnification By Entrant

20. By entering a Submission, each Entrant warrants that

  1. the Submission is original to and was created solely by the Entrant and has not been copied, in whole or in part, from a copyrighted or proprietary work belonging to someone else;
  2. the Submission does not violate any copyright laws, and does not plagiarize, libel, slander, defame, disparage, or otherwise infringe on or violate the rights of any third parties;
  3. any and all persons depicted in the Submission have provided the Entrant with signed, written permission to take or create the Submission and to submit it in this Contest;
  4. Entrant is legally entitled to submit the Submission in the Contest;
  5. the distribution, reproduction, display and any other uses of the Submission by AquaScaping World as permitted herein will not infringe any third party rights, including those of any person who is depicted in, or whose property is depicted in, the Submission; and
  6. the Submission and Entry comply with each of the provisions of the Terms of Use of the Contest Site at: www.aquascapingworld.com/competition.

21. Each Entrant agrees to indemnify and hold harmless AquaScaping World, its parent companies and subsidiaries, and their respective officers, directors, employees and affiliated organizations, from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by the Entrant of these Official Rules or the warranties and/or representations made by Entrant pursuant to these Official Rules.

22. By submitting a photo or video, Entrant grants to AquaScaping World (and to those acting on AquaScaping World’s behalf) a non-exclusive, perpetual, world-wide royalty-free license (and waive all moral rights in and to the Submission) to display or otherwise use the Submission on the Contest Site and any related sites in connection with this Contest.

23. Non-winning Submissions may be selected for publication or use in other publications by AquaScaping World.

PHASE TWO: AQUASCAPING WORLD PANEL JUDGING TO SELECT WINNERS ("PANEL JUDGING")

24. During the Contest Period, the Submissions will be judged by a qualified panel of judges consisting of an international panel assembled by AquaScaping World.

The Contest Judges will evaluate in accordance with the following weighted judging criteria ("Judging Criteria"):

  1. technical execution of layout composition,
  2. artistic creativity,
  3. plant health
  4. aquarium ecology, and
  5. audience appeal (as influenced by the results of the Community Voting).

25. Subject to verification of eligibility, the TOP 3 Submissions in each Category that receives the highest overall score during the Contest Period will be declared Finalists, for total of twelve (12) Finalists. In the event of a tie, the highest "layout composition" score will be used to break the tie, followed by "artistic creativity," then "plant health," then "aquarium ecology," then "audience appeal," if necessary. Contest Judges’ decisions shall be considered final and binding in all results.

26. The twelve (12) confirmed Finalists will be declared the Contest Winners. AquaScaping World will announce the names of the Winners on or about May 15, 2011.

27. The public will vote on the twelve (12) finalists.

PHASE THREE - COMMUNITY VOTING

28. All Entries that are timely and properly submitted at the Contest Site during the Contest Period will be judged by visitors to the Contest Site during the Contest Period.

29. During the Contest Period, any Contest Site visitors (including Entrants) (collectively referred to as "Voters") may visit the Contest Web Site to view the Entries and to vote for their favorite Submissions in each Category. Voting is limited to one (1) vote per entry per day.

The use of automated devices for voting is not permitted and will result in the disqualification of all votes received through that method and/or from that Voter. Any use of robotic, repetitive, automatic, programmed, script, macro, or any other automated means or similar entry methods or agents to vote are prohibited and will void all votes submitted by that Voter.

30. At the conclusion of the Contest Period, the voting results will be tabulated and will be submitted to the Contest Judges (below) for consideration in evaluating the Audience Appeal of each Submission during the Panel Judging. Note: The outcome of the Community Voting does not determine the Finalists but is only one criterion that will be considered by the Contest Judges during the Panel Judging as set forth below.

PHASE FOUR - WINNER NOTIFICATION

31. Scores from the judges votes and public votes will be tallied and weighted using a 60% / 40% split to determine the final ranking.

32. The submission of your Entry to the Contest Site for Community Voting or to the Contest Judges for the Contest Period does not constitute an acknowledgement or determination by AquaScaping World that your Entry satisfies these Official Rules, including the Submission Requirements, or that you are otherwise eligible. AquaScaping World reserves the right, at any point during this Contest, to refuse to submit to the Contest Judges, or to withdraw from the Contest Judges’ consideration, any Entries that AquaScaping World determines, at any time and in its sole discretion, do not satisfy all requirements of these Official Rules. Chances of winning will depend on the Entrant’s skill in satisfying the Judging Criteria and the number of Entries received per Category.

33. AquaScaping World will contact all potential Winners in accordance with the information supplied to AquaScaping World on the Winners’ Entry Forms. Prizes will be awarded in the name of Entrant, subject to applicable laws. The names of Winners may be posted on the Contest Site at www.aquascapingworld.com and the AquaScaping World’s websites, including but not limited to the following sites: www.aquascapingworld.com.

34. In the event that any potential Winner (a) fails to satisfy any eligibility or verification requirement herein, (b) declines to accept the prize, (c) or is otherwise determined to be ineligible, AquaScaping World may in its discretion disqualify that individual and an alternate Winner will be chosen from the remaining Entries using the same selection method and Judging Criteria set forth above as soon as reasonably practicable after initial Winner is determined to be ineligible. Alternate Winners are subject to all eligibility requirements and restrictions of these Official Rules.

PUBLICITY RELEASE/COPYLIGHT LICENSE

35. By accepting a prize and/or entering the contest, where permitted by law, each Entrant grants to AquaScaping World and those acting on its behalf, the right to print, publish, broadcast, and use for the purposes of this or similar contest only, worldwide in any media now known or hereafter developed—including, but not limited to, the World Wide Web—at any time(s), their name, picture, likeness, and information, as news or information and for art, trade, and/or promotional purposes without additional compensation or review. Each Entrant also grants to AquaScaping World the rights to use the winning and non-winning Submissions for promotion of this Contest or similar purposes.

LIMITATION OF LIABILITY/DISCLAIMER OF LIABILITY

36. Entrants agree that AquaScaping World and a range of subsidiaries, directors, agents, agencies, affiliates, franchisees, promoters, officers, directors, employees and related persons (a) are not responsible for technical failures of any kind, including but not limited to lost, disconnected, interrupted, or unavailable network, server, or other connections, late, lost, undeliverable, damaged or stolen mail, or for any failed telephone or computer hardware or software, or for any failed, delayed, misdirected, corrupted, or garbled transmissions or errors of any kind, whether human, mechanical, or electronic, or for Entries or votes that for any reason are not received by AquaScaping World by the deadlines stated above; (b) are not responsible for any incorrect or inaccurate information, whether caused by Entrants, Voters, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest or in the printing of this offer, administration of this Contest, or in the announcement of the prizes; (c) are not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation in this Contest or in the Community Voting, or downloading of any software or materials; (d) are not responsible for unauthorized human intervention in any part of the Contest, including without limitation, the Entry process, the Community Voting process, or the Panel Judging process; (e) are not responsible for any printing, typographical, technical, computer, network or human error that may occur in the administration of the Contest, the uploading, the processing or judging of Entries or votes or the tabulating of Votes, the announcement of the Finalists, the Winners, the prizes or otherwise in any Contest-related materials; (f) are not responsible for any unauthorized third party use of any Entry (including any Photo or Video); (g) are not responsible for the inability to select Finalists or Winners because of postal failure, equipment failure, or data storage failure; and (h) are released from any and all alleged, existing, or future actions, claims, and/or liabilities of whatever nature including, but not limited to, personal injury, bodily injury (including, without limitation, wrongful death and disability), property damage, and expense (including, without limitation, reasonable attorneys’ fees) and loss or damage of any other kind, arising in whole or in part directly or indirectly, from participating and/or voting in the Contest (in whole or in part), the use (including modification, adaptation, and reproduction) of Entry materials (including Photos or Videos) during or after the Contest, and the delivery, acceptance, possession, use, misuse, loss, or misdirection of any prize.

MISCELLANEOUS

37. All federal, state, provincial, territorial and local laws apply. AquaScaping World shall be entitled to interpret these rules as needed — including but not limited to rules regarding Entries, votes, selection of Winners, deadlines, restrictions on prizes, and eligibility — and all of its decisions are final, binding and without appeal, in all matters related to this Contest. By entering or voting, Entrants and Voters agree to these Official Rules.

38. AquaScaping World reserves the right to cancel, terminate or suspend this Contest or any part of this Contest should any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, or other causes, corrupt or impair the security, administration, fairness and/or operation of this Contest as determined by AquaScaping World in its sole discretion, at which time, AquaScaping World will determine the Winners from among all non-suspect eligible Entries received at the time of the Contest termination using the same selection method and Judging Criteria.

39. AquaScaping World reserves the right to prohibit any Entrant or Voter from participating in the Contest or the Community Voting if, at AquaScaping World’s sole discretion, AquaScaping World finds such Entrant or Voter to be colluding to unfair affect the outcome of the Contest, or to be tampering with the Entry process, the Community Voting process or the operation of the Contest in any other way, or if such Entrant or Voter repeatedly shows a disregard for, or attempts to circumvent, these Official Rules, or acts: (a) in a manner AquaScaping World determines to be not fair or equitable; (b) with an intent to annoy, threaten or harass any other Entrant, Voter or AquaScaping World; or (c) in any other disruptive manner. Any person attempting to defraud or tamper with any part of this Contest in any way will be ineligible for prizes and may be prosecuted to the full extent of the law. Any failure by AquaScaping World to enforce any of these Official Rules shall not constitute a waiver of such Official Rules.

40. AquaScaping World reserves the right to correct typographical, printing or clerical errors in any Contest-related materials. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, AquaScaping World reserves the right to award only the stated number of prizes by selecting the Winners from all legitimate, un-awarded, eligible prize claims in accordance with the previously announced selection Judging Criteria.

DISPUTES

41. By entering the Contest and/or participating in the Community Voting, Entrants and Voters agree that (a) any and all disputes, claims, and causes of action arising out of or connected with the Contest, the Community Voting, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering and/or participating in the Contest or Community Voting but in no event attorneys’ fees; and (c) under no circumstances will any Entrant or Voter be permitted to obtain any award for, and each Entrant and Voter 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. Some jurisdictions do not allow for limitations on the ability to pursue class action remedies, or certain kinds of damages, and so these limitations may not apply to you.

42. By entering the Contest and/or participating in the Community Voting, Entrants and Voters agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrants, Voters and AquaScaping World in connection with the Contest, shall be governed by, and construed in accordance with the laws of the State of California, 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 the State of California. Any legal proceedings arising out of this Contest or relating to these Official Rules shall be instituted only in the federal or state courts located in the State of California, Alameda County, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. 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.

WINNERS’ LIST/OFFICIAL RULES COPY

42. For a copy of the Official Rules or the final Winners’ List, visit www.aquascapingworld.com/competition. Winners’ List will be available after May 15, 2011.