2023 FUJIFILM “CAMERA TO CLOUD” EARLY ACCESS PROGRAM CONTEST

OFFICIAL RULES

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Description The 2023 FUJIFILM “Camera to Cloud” Early Access Program Contest (the “Promotion” or the “Contest”) is sponsored by FUJIFILM North America Corporation, 200 Summit Lake Drive, Valhalla, NY 10595, with the assistance of its advertising and promotional agencies (collectively, “Sponsor”). The Contest requires participants to submit a written summary of no more than 500 words that details reasons why the submitter would like to participate in the 2023 FUJIFILM “Camera to Cloud” Early Access Program (the “Early Access Program”). Contest winners will (i) receive a prize package consisting of a FUJIFILM X-H2 or X-H2S digital camera along with an XF16-80mm lens product, with an approximate retail value of $2,499.95 or $3,299.90, respectively, and (ii) be a participant in Sponsor’s Early Access Program, by producing images and video over the 60-day period after receipt of the prize package, using the provided FUJIFILM X-H2 or X-H2S digital camera and XF lens products provided to create images and video in connection with testing out a provided, pre-market firmware with Camera to Cloud capabilities. Upon completion of the Early Access Program, each prize winner will be interviewed by Sponsor about his/her experiences during the Early Access Program. To the extent that Sponsor wishes to post, distribute or otherwise commercially use any endorsing statements, images or video created by any given prize winner during the Early Access Program, Sponsor and such prize winner will discuss Sponsor’s use and an appropriate license agreement will be entered into if and as applicable.

2. Eligibility: Contest is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of Contest entry. Limit one (1) entry per person and per email address. Employees of FUJIFILM North America Corporation, the advertising / administrative agency managing this promotion, and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible to enter or to win. The Promotion is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.

3. Agreement to Official Rules: Participation in this Promotion constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to this Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.

4. Timing: The Promotion begins and Contest submissions will be accepted commencing on February 21, 2023 at 8:00 p.m. Eastern Time (“ET”) and running through March 6, 2023 at 11:59 p.m. ET (the “Promotion Period”). Timing of the various phases of this Contest will be:

Phase	Start Date (at 8:00 p.m. ET)	End Date (at 11:59 p.m. ET)
Submission Phase	February 21, 2023	March 6, 2023
Judging and Prize Winner Selection Phase	March 7, 2023	March 13, 2023
Prize Winner Notification and Award Phase	March 14, 2023	March 17, 2023

Sponsor’s computer system is the official time-keeping device for the Promotion.

5. How to Enter the Contest: During the Submission Phase of the Contest, entrants should visit http://www.fujifilm-frameio-c2c.com/ and follow the instructions to complete the Contest registration/entry form, and to type directly into the entry form a description of 500 words or less as to why the entrant wants to participate in the Early Access Program. Entrants must provide full name, a valid email and resident U.S. street address (no P.O. Boxes), cell phone number, preferred photography genre and confirmation that they meet the age and residence requirements and agree to these Official Rules as a condition to enter into this Contest. Your entry to the Contest is hereafter referred to as your submission (“Submission”). In no event will your Submission be returned to you. Your Submission will be used by Sponsors exclusively for purposes of determining the winner of the Contest as described.

Submission Guidelines:
- The Submission must not exceed 500 words, must be typed directly into the entry form, must be in English, and must describe the reasons the Submitting entrant wishes to be a participant in the Early Access Program. NO IMAGES OR VIDEO ARE REQUIRED TO ENTER OR MAY BE PROVIDED AS PART OF THE SUBMISSION.

For All Submissions/Entries:
- Limit one entry per person, per email address. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of Submissions/entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant’s Submissions/Entries and that entrant may be disqualified. Use of any automated program to enter will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, garbled or misdirected Submissions, which will be disqualified. In the event of a dispute as to any online Submission/Entry, the authorized account holder of the email address used to enter will be deemed to be the entrant. Potential winners may be required to show proof of being the authorized account holder. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.

6. Winner Determination: Winners will be determined during the Judging Phase, when a panel of not less than three (3) qualified judges determined by Sponsor in its sole discretion will judge the Submissions from each category based on the following criteria:

Perceived relevance of Camera to Cloud capabilities to Entrant’s Personal or Professional Objectives (50%)
Perceived sincerity and level of entrant’s interest in Early Access Program Participation (30%)
Perceived quality / value of input or feedback that would be provided by entrant (20%)

A total of ten (10) Contest winners will be selected. The ten entrants with the highest-scoring Submissions based on the subjective determination of the panel of judges will be deemed a Contest winner. The scoring of the panel of judges will be final in all instances respecting this Promotion. In the event of a tie, the entrant who received the highest “Overall Representation of the Theme” score, as determined by the judges in their sole discretion, will be deemed the winner. The winners will be notified by email to the email address provided with the Submission during the period March 14 – 17, 2023.

7. Winner Requirements: Except where prohibited, each potential winner will be required to sign and return a Declaration of Compliance, Liability and Publicity Release, and any other forms requested by Sponsor, all of which must be received by Sponsor without modification and in the form provided within five (5) business days of the date notice or attempted notice is sent, in order to claim the applicable prize. Information required will include a valid social security number, and all potential winners must provide his/her social security number to Sponsor as a condition to being awarded the prize, so that proper 1099 documents can be issued at the prize value. If a potential winner cannot be contacted, fails to execute and return the documentation in the form provided, without modification, and as requested by Sponsor, or fails to provide any other requested information within the required time period (if applicable), does not comply with these Official Rules, or if the prize is returned as undeliverable, the potential winner forfeits the prize. If a potential Contest winner is disqualified for any reason, the prize may be awarded to a runner-up determined by the judges, if any, in Sponsor’s sole discretion.

Acceptance of any prize shall constitute and signify each winner’s agreement and consent that Sponsor and its designees, including the Released Parties (defined in Section 9, below) may use the winner’s name, city, state, likeness, Submission/Entry and/or prize information for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.

Prize winners are expected to attend and participate in Sponsor’s Early Access Program training / preparation session, pursuant to which Sponsor will educate all prize winners about the Camera to Cloud firmware to be tested by the prize winners over the following roughly 60 days. Following such testing, each prize winner will be interviewed by Sponsor’s representatives for the purpose of identifying pre-market firmware issues and development opportunities. During the interviews, each prize winner will be asked for their honest feedback, as well as to share images and video with Sponsor which were prepared during the Early Access Program using the pre-market firmware. Sponsor will not make any commercial use of any provided endorsing statements or of these images or video unless a specific, separate written license agreement is entered into with the applicable prize winner(s).

8. Prizes and Expectation of Prize Use:

10 CONTEST WINNERS: Each prize winner will be permitted to express his or her preference as to whether to receive either the offered FUJIFILM X-H2 digital camera and XF16-80mm lens prize package (ARV USD $2,499.95), or the FUJIFILM X-H2S digital camera and XF16-80mm lens prize package (ARV USD $3,299.90), which will be shipped to each prize winner, respectively. Shipping to street addresses only (no P.O. Boxes allowed).

The approximate, aggregate retail value of all prizes to be awarded in connection with this Promotion is up to USD $32,999. Prizes will be shipped promptly after all Contest winners have been notified and verified, generally within 2 weeks from the end of the Promotion.

ARV is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use, and winners acknowledge that a 1099 will be issued by Sponsor for the ARV of the prize.

Each Contest prize winner is expected to use the provided prize package along with Sponsor’s provided pre-market firmware over an approximate 60 day period after prize receipt to test Sponsor’s Camera to Cloud functionality in connection with the Early Access Program. Upon completion of the Early Access Program, each prize winner will be interviewed for their honest feedback about their experience with the pre-market firmware and will be asked to provide examples of images and/or video which were created using the firmware. In the event Sponsor wishes to make any further commercial use of any provided endorsing statements or any such created images or video, Sponsor will discuss the terms of any such further commercial use with the creating prize winner and execute a mutually agreed written license agreement with the winner relating to any such further commercial use.

9. Release: By acceptance of any prize, each winner agrees that he/she will not sell, offer for sale, or transfer to any third party, the digital camera and lens elements of the prize package for a period of eighteen (18) months from receipt. By acceptance, each prize winner agrees that he/she releases and holds harmless the Sponsor, its affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt, use or misuse of any prize, including without limitation any images or video created with the provided digital camera and lens products.

10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. If Sponsor terminates the Promotion, Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Promotion or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions/Entries. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

11. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the submission process or any other portion of the Promotion; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Promotion, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Promotion-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) 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 Promotion or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission/Entry.

12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a state court located within the state of New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages 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, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

13. Entrant’s Personal Information: Information collected from entrant is subject to Sponsor’s Privacy Policy located at http://www. https://www.fujifilm.com/privacy_policy/?_ga=2.237089792.1671611209.1583164833-1794742895.1578422427

14. Winner List: For the identity of the Contest winners, visit http://www.fujifilm-frameio-c2c.com. The winners will be posted after winner confirmation is complete and will remain posted in any event until June 1, 2023.