By participating in the Contest, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor/Judges. Sponsor’s/Judges’ decisions are final on all matters relating to the Contest and are not subject to appeal. All material submitted becomes the sole property of Sponsor and will not be returned. Sponsor assumes no responsibility or liability for damages, losses or injury resulting from acceptance or use of any prize. In no event will more than the stated number of prizes be awarded. All Entries will be declared made by the authorized account holder of the email address submitted at the 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. NOTICE: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. The Sponsor and its agencies are not responsible for technical, hardware, software or telephone malfunctions or failures of any kind, including any injury or damage to any person’s computer related to or resulting from participating in or experiencing any materials in connection with the Contest, lost, late stolen, misdirected, damaged, incomplete and/or garbled Entries, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in the Contest or by any human error which may occur in the Contest. Consequently, Sponsor and its agencies are not liable in the event your Entry is not captured due to the aforementioned reasons. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the Entry process or the operation of the Contest; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be in violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages 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. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest or the website, Sponsor reserves the right to cancel the Contest and determine the winners based on the Judging Criteria in accordance with these Official Rules. By participating in the Contest, each Entrant agrees that the Authorized Parties (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity, or from Entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. FOR RESIDENTS OF THE UNITED KINGDOM: THIS RELEASE DOES NOT APPLY TO CLAIMS FOR PERSONAL INJURY OR DEATH CAUSED BY THE NEGLIGENCE OF SPONSOR.
If the photograph contains any material or elements that are not owned by the Entrant and/or which are subject to the rights of third parties, and/or if any persons appear in the photograph, the Entrant is responsible for obtaining, prior to submission of the photograph, any and all releases and consents necessary to permit the exhibition and use of the photograph in the manner set forth in these Official Rules without additional compensation. If any person appearing in any photograph is under the age of majority in their jurisdiction of residence, the signature of a parent or legal guardian is required on each release.
By participating, ALL ENTRANTS grant the Sponsor, Emerging Photographer and their designees, licensees and affiliates (the "Authorized Parties") a non-exclusive, worldwide license, through September 2021, to reproduce, distribute, display and post the entries online. In addition, each WINNER grants to the Authorized Parties a license for use of his/her winning Entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known, including but not limited to, print or digital publication in Emerging Photographer magazine showcasing the winners, and promotions related to the Contest. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use.
THIRD PARTY RELEASES/LICENSES:
By entering the Contest, each Entrant understands that they retain their copyright. Winners authorize Sponsor to reproduce, distribute, display and create derivative works of the photograph Entry in connection with Contest, in any media now or hereafter known, including but not limited to: publication in Emerging Photographer
and Photo District News ®
showcasing the winners; Emerging Photographer
Photography Contest live gallery; the website and on www.emergingphotographer.com
; and in exhibits and promotions related to the Contest. Winners authorize Emerald Expositions Photo Group to reproduce, distribute, display and create derivative works of the photograph Entry in connection with the Content of the Contest through September 2021.
REPRESENTATIONS AND WARRANTIES:
Each Entrant represents and warrants that he or she has read, understands and will follow the Official Rules. Entrants further represent and warrant that their Entry and all materials and matter therein: (1) (except for elements that are within the public domain) are wholly original with such Entrant and are not a copy or imitation of any other material; (2) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and (3) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Each Entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and the consent of no third parties are required to grant the rights hereunder. Entrant further acknowledges and agrees that he/she has not previously granted, assigned or otherwise hypothecated his/her Entry to any other third party. Further, each Entrant represents and warrants that Sponsor’s use of any Entry shall not violate an agreement to which such Entrant has signed. Entrants agree to indemnify and hold the Authorized Parties harmless from and against any third party claim, to the extent relating to any breach or alleged breach of any representation, warranty or covenant made by such Entrant in connection with his or her acceptance of these Official Rules or Contest activities.
and the GDPR. The Sponsor will only use your personal data for the purposes of administrating this Contest, unless you provide consent signifying your agreement to any other processing or use of your personal data. You can withdraw your consent at any time by contacting Info@thephotoannual.com
NO OBLIGATION TO USE:
Sponsor shall have no obligation (express or implied) to use any Entry or to otherwise exploit any Entry, or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Entry for any reason, with or without legal justification or excuse, and Entrants shall not be entitled to any damages or other relief by reason thereof.
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES OF AMERICA AND THE INTERNAL LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE'S LAWS.
For any legally required winners list, click on the winners list section of the website after May 15, 2019.
The sponsor of the Contest is Emerald Expositions, Inc., 100 Broadway, 14th floor, New York, NY 10005 ("Sponsor").