2011 Annual Photographic competition by BergHind Joseph

The competition is promoted by BergHind Joseph [the promoter] of The Leathermarket 8.1.1, Weston Street, London, SE1 3ER.

The participant(s) in the competition are the person(s) supplying the mandatory data specified in point 5 below [participation requirements].

1 NAME OF THE EVENT

Annual Photographic Competition [the event]

2 TYPE OF EVENT

Prize Contest

3 PERIOD

October 2011-February 2012

4 EXCLUSION OF PARTICIPANTS

The following are not allowed to participate:

- BergHind Joseph employees and their immediate family members and persons living in the household of such persons.

- Professional photographers who earn a satisfactory income from their works.

5 PARTICIPATION REQUIREMENTS

Participants must submit photographic images taken by themselves within the past twelve months from the start of the competition according to the competition categories [please refer to ‘rules for entry’].

Participants will be required to supply the following mandatory data: surname, first name, date of birth, country, city, e-mail address, telephone/mobile number, title of your photograph(s).

The participant can submit their photographs by one email which must be in jpg/gif/png format with the email not exceeding 10 Megabytes. Emails should be sent to photography@berghindjoseph.com

The participant can submit their photographs by post. Labelled with BergHind Joseph Photographic Competition, The Leathermarket 8.1.1, Weston Street, London, SE1 3ER.

Photographs must be submitted by no later than Friday 16th December 2011.

Each registered participant will be able to submit up to a maximum of 4 photographs.

The promoter disclaims any liability for any access problem, impediment, non-functioning or difficulties that might occur and impede the user from accessing the service because of technical problems related to the internet connection.

The promoter also disclaims any liability for a failure in the postal system which may result in any entry being lost or delayed. Proof of sending is not proof of receipt.

All photographs, before being published, will be checked in order to assess that they comply with the rules, that they are not immoral, vulgar, unlawful or offensive. Any participant who submits photographs of such nature will be liable for the content and of the nature of the same.

If, after receipt or publication, the promoter receives notice that any of the photographs infringe, in any way, any third party right, that photograph will be immediately excluded from the contest.

Participants submitting their photograph for publication accept full responsibility concerning the content, nature, quality, lawfulness and truthfulness of the photograph. The promoter disclaims all liability in this regard.

By participants submitting their photograph they are confirming they are the creator and sole owner of the image.

Each participant, submitting their own photographs, represents that all relevant consents and permissions have been obtained to relieve the promoter from any duty of assessment and/or control, and agrees to indemnify the promoter against any claim by third parties concerning the ownership of intellectual property rights and the infringement of the rights of people represented and any other rights related to the photographs submitted.

The promoter will endeavour to notify the winning participant of the event within 3 days of the judge’s final decision. The winner will be notified of winning at the e-mail address specified during the registration process.  

The promoter shall be entitled to make all necessary checks to verify compliance with the rules before confirming the winning entry.

6 PARTICIPATING CONDITIONS RELATING TO THE PHOTOGRAPHS

The promoter will judge whether the impediments preventing the winner benefitting from the prize are valid and whether to transfer the prize to the first reserve.

If the initial winner is unobtainable the prize will pass on to the first of the 2 selected reserves.

7 JUDGING

Judging will take place in the week commencing 9th January 2012 and winners will be notified within 3 days following the judge’s final decision.

8 DISCHARGE OF LIABILITY

The participant must confirm they are the sole and exclusive owner of the photographs submitted in the competition; they must be the copyright owner and hold all related intellectual property rights (copyright) which must not be restricted in any way, such as the transferring of title, licences, or anything else. The photographs must have been submitted with the approval of all the subjects that are depicted in it. The participant is advised that false statements are against the law and may be punishable as a criminal offence. The promoter disclaims any liability in this regard.

The Promoter respects Your rights and does not claim copyright for works You submit to this contest, You will retain full copyright in each entry.

In addition your moral rights are respected. Whenever Your work is published by the Promoter (and its partners) You will be credited.  Failure to publish a credit due to error or oversight shall not be deemed a breach of this condition.

Use of works

By entering this contest You agree that any (winning or shortlisted) work You submit may be used by the Promoter (and its partners) solely for marketing and promotional purposes of this contest or recurrences of this contest and no other purpose, these uses include;

1      judging the competition,

2      displaying the entries on the competition website (and websites of partners),

3      displaying the entries at public exhibitions to promote the competition,

4      displaying the entries in a book, magazine or similar,

5      publishing the entries on posters to promote the competition,

6      sub-licensing the entries to the press for reproduction in connection with the competition and any related exhibition,

7      inclusion within any materials promoting the competition or any exhibition of works from this competition organised by the Promoter.

You hereby grant the Promoter a non-exclusive, irrevocable licence in each Entry throughout the world  in all media for the uses described in 1-7 above for 3 years following the date of announcement of the winners.

You acknowledge Your responsibility for protecting your Entry against misuse by third parties, by for example, but not limited to, the insertion of a watermark. The Promoter and its Partners can assume no responsibility and are not liable for any misuse of your work by third parties.

Should any uses of the work beyond those needed to promote the contest arise You will be contacted and given the opportunity to negotiate any such usage with the parties concerned independently of the competition.

The promoter takes no responsibility for the safety of the participant when partaking in said event.

9 NUMBER OF PRIZES, DESCRIPTION AND THEIR VALUE MARKET

1st prize - £500 of photography vouchers, and:

A day with a professional photographer

Or

A free day of design consultancy

Or

A week’s apprenticeship at BergHind Joseph

2nd prize - £250 of photography vouchers

3rd prize - £100 of photography vouchers

Market value of prizes outlined above is the current retail value at the present date.

If some data or the address provided by the winner is deemed to be wrong or if it is impossible to deliver the prize, the winner shall lose his right to benefit from the prize.

The promoter reserves the right to change the vouchers or professional photographer selection at any given time.

10. NOTIFICATION OF WIN AND DELIVERY OF PRIZES AND ANNOUNCEMENT OF WINNERS

The promoter shall not accept any responsibility for failure to contact the participant or failure to deliver notice of the win and/or prize, if the winners provide invalid or out of date personal data.

If the winners of the contest or of the prize draw do not want to take advantage of the prize they will not be entitled to any sum of money in substitution.

The prizes to be awarded cannot be converted into money or any other cash prize.

The name and county of the winners may be obtained after the prizes have been awarded by sending an email to photography@berghindjoseph.com

11. TERMS AND CONDITIONS OF PARTICIPATION IN THIS PRIZE CONTEST

Participation in the prize contest implies the participant’s complete acceptance and acknowledgement of the Terms and Conditions listed in this document and the conditions listed within ‘rules of entry’ with no limitation whatsoever.

12. DISPUTES

These terms and conditions, together with all associated licences and usage agreements, shall be governed by English law and shall be subject to the non-exclusive jurisdiction of the English courts.

The judge’s decision will be final in the event of any disagreement. If however there is no unanimous decision amongst the judging panel, a majority ruling will be used instead.