Terms, Conditions of Use, and Website Rules
Welcome to the New York Photo Festival’s competition to benefit artists affected by Superstorm Sandy: Devastation, Document, Drive. Following are the terms and conditions that govern your use of this site. THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND THE NEW YORK PHOTO FESTIVAL (“THE ORGANIZERS,” “WE” OR “OUR”). PLEASE READ THIS AGREEMENT (“AGREEMENT”) IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR UPLOAD ANY IMAGE. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DISCONTINUE USING THE SITE.
The Devastation, Document, Drive competition begins on December 26, 2012, at 12:01 a.m. Eastern Standard Time (EST) and ends at 11:59 p.m. Eastern Standard Time (EST) January 31, 2013. Any extension to the submission deadline will be prominently posted on the New York Photo Festival website.
WHO MAY ENTER
Entrants must be at least 18 years of age as of the date of entry. CONTEST IS VOID WHERE PROHIBITED.
Images upload rights may be purchased in “slots” for two images for $10, or five images for $20. There is no limit to the number of images each artist may submit.
HOW TO ENTER
To enter your submissions, please visit NYPH.at/SANDY to register and follow the directions provided to upload your artwork. Entries are complete when entrant’s artwork has been successfully uploaded and the required payment is received. Each entry must comply with the following requirements (the “Photograph Requirements”):
Photographs must be in digital format. Only online entries will be eligible. No print submissions will be accepted for entry into this Contest. All types of digital images are acceptable, including but not limited to scans of negatives, scans of transparencies, and scans of photographic prints. All digital files must be 4 megabytes or smaller, must be in JPEG format and must be sized 1,800 pixels at the longest side at 300dpi. All digital files should be set to color profile: sRGB.
Photographs that include sculptures, statues, paintings, and other works of art will be accepted as long as they do not constitute copyright infringement or fraud; provided entrants must be prepared to provide a release form as described below in “ENTRANT LICENSES/RELEASES”. When photographing the work of others, it must be as an object in its environment and not a full-frame close-up of another person’s art.
By entering the Contest, entrant represents, acknowledges, and warrants that the submitted photograph is an original work created solely by the entrant, that the photograph does not infringe on the copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property rights of any person or entity, and that no other party has any right, title, claim, or interest in the photograph. The photograph must not, in the sole and unfettered discretion of NYPH, contain obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content.
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 state/province/territory of residence the signature of a parent or legal guardian is required on each release.
Upon request, each entrant must be prepared to provide (within fourteen (14) calendar days of receipt of said request) a signed release from all persons who appear in the photograph submitted, and/or from the owner of any material that appears in the photograph entry, authorizing NYPH to reproduce, distribute, and display the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known. Failure to provide such releases upon request may result in disqualification at any time during the Contest and selection of an alternate winner.
Similarly, upon the organizers’ request, each entrant must be prepared to provide (within fourteen (14) calendar days of receipt of the organizers’ request) a signed written license from the copyright owner of any sculpture, artwork, other copyrighted material, or private property that appears in the photograph entry, authorizing NYPH to reproduce, distribute, and display the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known. Failure to provide such releases upon request may result in disqualification and selection of an alternate winner.
Entries may be published by the New York Photo Festival (“NYPH”), any NYPH affiliated Sponsors and/or their designees, licensees or affiliates (the “Authorized Parties”) in magazines or books, on websites, or in any other medium, at Authorized Parties’ discretion. Such use will be restricted to promotion, publicity, news, or informational education, or awareness of NYPH. By participating, all entrants grant a license in the Entries to the Authorized Parties, and acknowledge that any Authorized Party may use the entries and a name credit in any media now or hereafter known, without restriction in relation to the uses stated above. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use. Copyright over all submissions remain the property of their respective entrants.
LIMITATION OF LIABILITY
By participating, entrants agree to release, discharge, and hold harmless the New York Photo Festival, The powerHouse Arena and powerHouse Books and each of their respective partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives from any claims, losses, and damages arising out of their participation in this Contest or any Contest-related activities and the acceptance and use, misuse, or possession of any prize awarded hereunder.
The Organizers assume no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to Contest entries or entry forms; or alteration of entries or entry forms. The Organizers are not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail entry to be received on account of technical problems or traffic congestion on the Internet or at any website, human errors of any kind, or any combination thereof, including any injury or damage to entrants’ or any other persons’ computers related to or resulting from participation, uploading, or downloading of any materials related to this Contest.
THIS CONTEST IS VOID WHERE PROHIBITED. This Contest is subject to federal, state, and local laws and regulations. Certain restrictions may apply. Sponsor is not responsible for late, lost, incomplete or misdirected entries. Entries void if the Sponsor determines the entry to not be an original, or if the entries are illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error or obtained through fraud or theft.
Participants also agree (a) to be bound by these Official Rules; (b) that the decisions of the Judges are final on all matters relating to the Contest; and (c) if he/she wins, that Sponsor may use the winning photographs and each winner’s name and photograph in any publicity or advertising relating to the Contest or future promotions without compensation or approval (except in Tennessee and where prohibited by law). All federal, state and local taxes, fees and surcharges on prizes are the sole responsibility of the prize winners. In the event that the selected winner(s) of any prize is/are ineligible or refuses the prize, the prize will be forfeited and the Organizers, in their sole discretion, may choose whether to award the prize to another entrant.
RIGHT TO CANCEL OR SUSPEND CONTEST
If for any reason the Contest is not capable of running as planned, due to infection by computer virus, bugs, worms, trojan horses, denial of service attacks, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Organizers that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, the Organizers reserve the right, at their sole discretion, to disqualify any individual(s) who tamper with the entry process, and/or to cancel, terminate, modify, or suspend the Contest. If the Organizers elect to cancel or terminate the Contest, the Organizers will not retain any rights in the submitted photographs and will return the entry fees.