2024 LEICA WOMEN FOTO PROJECT AWARD
CONTEST OFFICIAL RULES
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. The contest for the Leica Women Foto Project Award (the “Contest”) begins at 9:00:01 AM Eastern Time (“ET”) on September 18, 2023 and ends at 11:59:59 PM ET on November 7, 2023 (the “Contest Period”). The Contest is void outside the fifty (50) United States, United Kingdom, Mexico, and Canada, and where prohibited by law. Leica Camera Inc.’s computer is the official time keeping device for the Contest.
SPONSOR: The Contest is sponsored by Leica Camera Inc., a Delaware corporation having an address at 500 Frank W. Burr Blvd., 5th Floor, Teaneck, NJ 07666, and Leica Camera Ltd, a corporation organized under the laws of the United Kingdom and having an address at 6-8 James Street, 4th Floor, London, W1U 1E (collectively, “Sponsor”).
ELIGIBILITY: The Contest is open only to individuals legally residing in the fifty (50) United States, United Kingdom, Mexico, or Canada, in each case who are at least twenty-one (21) years of age at time of entry in the Contest. (A) Employees, officers, managers, and directors of Sponsor or its parents, subsidiaries, affiliates, representatives, consultants, contractors, vendors, freelancers, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers, web masters, (collectively, the “Contest Entities”), (B) members of their immediate families (spouses, parents, siblings and children, regardless of where they live), and (C) those living in the same household as any such individual are not eligible to enter or win. Subject to clauses (B) and (C) of the preceding sentence, photographers who teach workshops at the Leica Akademie but are NOT employed by Sponsor or by any of Sponsor’s parents, subsidiaries, or affiliates are eligible. Notwithstanding anything to the contrary herein, individuals who have a formal affiliation or partnership with enterprises that compete with Sponsor and manufacture or market cameras, sport optic products, or lenses, or accessories for the aforementioned products, or make such performances available to such enterprises, are not eligible to enter or win. Competitors include, without limitation, Canon, Nikon, Sony, Hasselblad, Mamiya, Fuji, Samsung, Olympus, Sigma, Panasonic, and Pentax. Sponsor reserves the right to verify the eligibility of potential Winners (as defined below). Participation in the Contest constitutes the full and unconditional agreement of the participant to the terms and conditions set forth herein (these “Official Rules”) and to Sponsor’s decisions with respect to the Contest, which are final and binding in all matters related to the Contest.
TO ENTER: During the Contest Period, eligible persons may enter the Contest by uploading a series of ten (10) photographs to https://www.leicawomenfotoproject.com/ (the “Website”) and completing the entry form check marked “Leica Women Foto Project Award” thereon in accordance with the “Award Submission Guidelines” below. Eligible persons (as set forth in these Official Rules) who fulfill such requirements will each be deemed an “Entrant” to the Contest and therefore for the Leica Women Foto Project Award (“Award”). Each entry is herein referred to as the (or a) “Submission.”
AWARD SUBMISSIONS: The Submission must be a series of a work in progress or a completed project. The series must tell a single story through the feminine perspective on a topic that relates to the theme “Perspective is Power: Reclamation, Resilience, Rebirth”. Although the Contest is open to all (subject to the eligibility requirements set forth herein), Sponsor openly welcomes and encourages all who identify as women to enter. Sponsor does not discriminate on the basis of race, color, religion, national origin, age, sex, gender expression, ability, or sexual orientation. There is a limit of one (1) Submission per person. Entrants must provide all required information on the Website, including first and last name and email address. In doing so, an Entrant represents to Sponsor that all such information provided is true, complete, and correct. Entrants may be asked to answer optional questions and/or register for future notices of online promotions; however, Entrants need not answer these questions or agree to receive future emails in order to be eligible for entry in the Contest. Except as expressly stated otherwise in these Official Rules, Entrants will receive any communications related to the Contest from Sponsor via email.
Award Submission Guidelines:
Each Submission MUST include the following:
- Project title
- Ten (10) photographs of which at least four (4) photographs were created between 2020 and 2023
- Brief project statement (1-2 sentences), including the connection to theme
- Project description (up to 250 words)
- Artist bio (up to 150 words)
- Summary of intent of use of prize money. Prize money MUST be used as indicated by summary of intent. Prize recipients MUST keep all receipts related to the allocation of prize money and may be asked to submit proof of use on or before January 23, 2025.
Each photograph submitted as part of a Submission MUST:
- Be of satisfactory technical quality (i.e., resolution, web optimization, etc.) Any photograph submitted that is not of satisfactory quality may be rejected (and the Submission disqualified), at Sponsor’s sole discretion.
- Be created using any brand/model digital or analog camera. Ownership and/or use of a Leica camera is NOT required. Photographs made with a smartphone will not be accepted and, if submitted, may disqualify the Entrant, at Sponsor’s sole discretion.
- Be accompanied by a caption, camera make and model as well as photograph capture date. Caption must clearly describe the photograph. All captions and other text included in a Submission must be in the English language.
- Be no larger than four (4) megabytes (“MB”). Any Submission that includes one or more photographs exceeding the size or time limits, or not in one of the accepted formats, as applicable, may be disqualified, at Sponsor’s sole discretion.
- Be in .jpg format.
- Be in RGB color space for viewing on the Web.
- Contain a maximum height of 1200 pixels (no restriction on width).
- NOT contain any watermarks or distinguishing artist marks (such as signatures).
- NOT contain duplicate photographs.
- NOT include any website URLs, viruses, worms, corrupt files, Trojan horses, or other forms of corruptive code or content that may harm or compromise the proper administration of the Contest.
- NOT be manipulated or altered other than standard optimizations, such as color intensity or cropping.
- Be Entrant’s original idea (modification of an original work is not an original idea). Submissions MUST NOT copy or otherwise plagiarize from any source.
- NOT, unless relevant to the topic of the Submission, contain material which is (or promote activities which are), in Sponsor’s sole discretion, hateful, slanderous, libelous, tortious, obscene, pornographic, violent, self-mutilating (e.g., relating to murder, cruelty, abuse, etc.), discriminatory (e.g., based on race, sex, religion, national origin, physical disability, sexual orientation, gender expression, or age), illegal (e.g., underage drinking, substance abuse, computer hacking, etc.), threatening, profane, or harassing; contain material that is threatening to any person, place, business, group or world peace; contain words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group; or contain images or acts that are or appear to be unlawful or dangerous or in violation of, or contrary to, the laws or regulations of any state where the Submission is created in their application.
- NOT contain material that violates or infringes any right of any person, including material that violates any privacy, publicity, or intellectual property right, or that constitutes copyright infringement or trademark infringement. Without limiting the foregoing, Submissions must not include third-party trademarks, logos, insignia, location signage, photographs, artwork, or sculptures, except those of Sponsor.
- NOT include mention or performance of any copyrighted media production, including books, articles, photographs, artwork, music, etc., or identifying descriptions of any media property. Submissions must not include commercial music.
- NOT include third parties, including minors, celebrities, family and friends, who have not expressly authorized Entrant to display their image or likeness in such Submission or otherwise use such images or likenesses in accordance with these Official Rules and who have not expressly waived their right of publicity. By including any person in Entrant’s Submission, Entrant represents and warrants to Sponsor that Entrant has obtained such express and informed consent and waiver. Entrant shall provide signed authorizations upon Sponsor’s request.
- NOT contain commercial messaging, third party trademarks or tradedress or corporate advertising.
- NOT violate or encourage others to violate any laws, statutes, ordinances, governmental orders, or regulations.
A Submission CANNOT be withdrawn once submitted. In addition, Entrant consents to licensing of the submitted photographs to Sponsor and/or its subsidiaries or affiliates for promotion of the Leica Women Foto Project and other promotional activities, as set forth herein.
By entering, each Entrant warrants and represents that such Entrant’s Submission (including each part thereof) is original, does not contain any material that would defame or otherwise violate or infringe upon the right(s) of any person, including patents, copyrights, trademarks or rights of privacy or publicity, and does not violate any federal, state, or local laws or ordinances. Entrant further warrants and represents that such Entrant has secured the requisite informed consent and waiver from each person included in such Entrant’s Submission and that such Entrant’s Submission complies with these Official Rules. Sponsor reserves the right in its sole and unfettered discretion to disqualify any Submission that it believes contains obscene, offensive or inappropriate content, that does not comply with these Official Rules or that is not consistent with the spirit or theme of the Contest.
Any attempt by any Entrant to obtain more than the permitted number of entries by using multiple and/or different identities, forms, registrations, addresses or any other method will void all of such Entrant’s Submissions, and such Entrant may be disqualified, at Sponsor’s sole discretion. Multiple Entrants are not permitted to share the same email address. Normal Internet, phone and usage charges imposed by Entrant’s online or phone service may apply and are Entrant’s sole responsibility. Incomplete, illegible, corrupted, or untimely Submissions are void and will be disqualified. Sponsor and its agents are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible Submissions; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user’s computer equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Proof of sending of a Submission will not be deemed to be proof of receipt by Sponsor. In the event of a legitimate dispute (as determined by Sponsor) as to the identity of Entrant, the authorized account holder of the email address used to enter will be deemed to be Entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. A potential Winner may be required to show proof of being the authorized account holder. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win.
SELECTION OF WINNER OF SUBMISSIONS: All Submissions will be reviewed by a panel of jurors selected at Sponsor’s sole discretion (collectively, the “Panel”). The Panel will be comprised of one (1) head judge (as appointed by Sponsor in its sole discretion) (the “Head Judge”) and fourteen (14) additional judges, all renowned in the field of photography. Applicants will be broken out and judged per qualified region. Regions exclusively include the United States, United Kingdom, Mexico, and Canada. One qualified Entrant per each of the four regions will receive the Leica Women Foto Project Award. However, in the event that a region results in no qualified Entrants, additional Winners from regions with qualified Entrants may be selected (in Sponsor’s sole discretion) so that there will be a total of four (4) prize recipients. Each member of the Panel will individually score each Submission using the following criteria:
1. Category 1 (thirty-three percent (33%)): Quality of Photography (Composition, creativity, visual language, consistency, power of series, etc.)
2. Category 2 (thirty-three percent (33%)): Dedication to the Medium of Photography (Artistic integrity, photographic career accomplishments to date, vision of future achievement)
3. Category 3 (thirty-three percent (33%)): Sophistication (Quality of written descriptions, concept, level of relevance, connection to theme through the feminine perspective, level of previous engagement with community affected, quality and relevance of planned usage of prize money)
One (1) Entrant per region with the highest total score (i.e., the sum of all scores from each Panel member) will be declared the potential Winner of the Contest for that region. In the event of a tied score per region, resulting in a total of more than one Winner per region, the Entrant with the highest Head Judge’s score will be deemed the potential Winner for that region.
Sponsor will review each Submission to ensure the Entrant adheres to the Award Submission Guidelines and these Official Rules.
The potential Winners will be announced via email and/or telephone on or before December 14, 2023. Winning a prize is contingent upon fulfilling all requirements set forth herein. If a potential Winner does not respond within 72 hours after the first attempt to notify such potential Winner that such potential Winner has been selected to receive a prize, such potential Winner will be deemed to have forfeited such prize, and the Entrant with the next highest total score will be selected as an alternate potential Winner in such potential Winner’s place. If such alternate potential Winner does not claim such prize, Sponsor will select the Entrant that received the next highest total score as a second alternate potential Winner in such first alternate potential Winner’s place. Sponsor may, but need not, continue such process until such prize is claimed. Any alternate potential Winner will also have 72 hours to claim such prize and must satisfy all eligibility requirements.
Except where legally prohibited, each potential Winner will be required to complete and return, within ten (10) calendar days of being notified that such potential Winner has been selected, an Affidavit of Eligibility, Liability & Publicity Release, and a Non-Disclosure Agreement (on terms acceptable to Sponsor) in order to claim such potential Winner’s prize. If a potential Winner fails to sign and return the Affidavit of Eligibility, Liability & Publicity Release and a Non-Disclosure Agreement within the required time period, or in the event that a potential Winner is disqualified for any reason, such potential Winner will be deemed to have forfeited such prize, and the Entrant with the next highest total score will be selected as an alternate potential Winner. Noncompliance with the foregoing, failure to abide by these Official Rules, or return of the prize notification as non-deliverable may result in disqualification and naming of an alternate potential Winner.
THE POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. AN ENTRANT IS NOT A WINNER (AND THUS ENTITLED TO ANY PRIZE) UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND COMPLIANCE WITH THESE OFFICIAL RULES HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
Except where legally prohibited, Sponsor reserves the right to conduct background checks on a potential Winner. A Submission constitutes Entrant’s authorization to such background checks without Sponsor providing any additional prior notice or seeking additional permissions or consents from such potential Winner. Sponsor reserves the right, in its sole discretion, to disqualify any potential Winner based on the results of such background check, if the Sponsor determines in its sole discretion that awarding the prize to such potential Winner might reflect negatively on Sponsor. Sponsor is not obligated to clarify, confirm, or share any specific results of a background check with any potential Winner, whether the background check resulted in disqualification or not. When requested, such potential Winner must provide authorization and/or complete any forms reasonably needed to facilitate such a background check. If a potential Winner fails to sign and return the required documentation within the period specified by Sponsor, such potential Winner may be disqualified and required to forfeit any claim to a prize.
PRIZES: Subject to “Prize Restrictions” below, each Winner of the Leica Women Foto Project Award (“Winner”) will receive a cash prize of ten thousand dollars ($10,000.00 USD) payable via check or wire transfer, as well as a one Leica SL2-S camera and Leica Vario-Elmarit-SL 24-70 f/2.8 ASPH lens (or equivalent model at Sponsor’s sole discretion). Award Monies are intended for use towards the continuation of a photographic project. Approximate Retail Value (“ARV”) of each prize: $18,090 USD. Total ARV of all prizes: $72,360 USD. For the avoidance of doubt, notwithstanding anything to the contrary herein, it is Sponsor’s intent that there be only one (1) Winner per region, and any reference herein to additional potential Winners is made solely for the purpose of describing alternate potential Winners of the originally selected potential Winner for a region, as set forth above under “Winner Notification.”
CONSENT TO PARTICIPATION IN PROMOTIONAL ACTIVITIES: During the Contest Period and Prize Period (as described below), each Winner may, in Sponsor’s sole discretion, be promoted through public relations activities, including through the use of such Entrant’s winning Submission or parts thereof in media pitching. To the fullest extent permitted by law, Sponsor may require Winners, or provide Winners with the option, to participate in various promotional activities that are sponsored by, administered by, or associated with, Sponsor or any of its affiliates (e.g., digital promotions, media interviews, panel discussions and artist talks). Each Entrant acknowledges and agrees that, if such Entrant is a Winner, such Entrant is required to participate in all promotional activities that Sponsor, in its sole discretion, deems mandatory, for no additional compensation, and that Sponsor may withhold any prize hereunder in the event that such Entrant refuses to participate in any such mandatory promotional activity. Promotional activities include activities such as interviews with media on the topic of the Leica Women Foto Project Award.
PRIZE RESTRICTIONS: Limit one (1) prize per person. Except as otherwise expressly set forth herein, any and all applicable federal, state, and local taxes and all fees and expenses related to the acceptance and/or use of a prize are the responsibility solely of Winner. A non-cash prize cannot be substituted or assigned or transferred to Sponsor or redeemed for cash; however, Sponsor reserves the right to make prize substitutions (of equivalent or approximately equivalent value) at its sole discretion. Sponsor will not replace any lost or stolen prizes or components of a prize. A prize cannot be used in conjunction with any other promotion or offer. Only the number of prizes stated in these Official Rules is available to be won in the Contest. If, by reason of a print or other error or any other reason, more prizes are claimed than the number set forth in these Official Rules, the potential Winner(s) may be reconsidered and the prize awarded in accordance with the Winner selection method described above from among all eligible claimants making purportedly valid claims to the prize(s).
EXCLUSIVITY: During the Prize Period, ranging from acceptance of a prize to March 31, 2024, no Winner shall enter into a formal affiliation or partnership with enterprise(s) that compete with Sponsor and manufacture or market cameras, sport optic products, or lenses, or accessories for the aforementioned products, or make such performances available to such enterprises. Competitors include, without limitation, Canon, Nikon, Sony, Hasselblad, Mamiya, Fuji, Samsung, Olympus, Sigma, Panasonic and Pentax. The scope of this exclusivity provision includes, but is not limited to, restraint from participation in events solely sponsored by competing camera manufacturers and brands (except as a member of the general public), assuming the role of official brand ambassador, and posting social media content highlighting competing brands and products. If a Winner is found to have violated this exclusivity provision, such Winner’s prize must be returned in full to Sponsor within thirty (30) days of written, electronic or telephonic notice from Sponsor.
The Contest is void where prohibited by law and outside the United States, United Kingdom, Mexico and Canada. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THE CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND 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, nor shall any waiver of one provision or in one instance constitute a waiver of any other provision or with respect to any other instance. No waiver of any provision herein is valid unless in writing and signed by the party so waiving. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the Website, and/or the legitimate operation of the Contest; to violate these Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. Sponsor and its agents are not responsible for (1) any incorrect or inaccurate information, whether caused by participants, printing errors, or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from an individual’s participation in the Contest or receipt or use or misuse of any prize. If, for any reason, the Contest is not capable of running as planned, including as a result of infection by computer virus or bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor, which corrupt or affect the operation, administration, security, fairness, integrity or proper conduct of the Contest, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Contest or suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the prize(s) from among the eligible, non-suspect Submissions received up to the time of the impairment in accordance with the selection criteria of a potential Winner described above. Sponsor reserves the right to cancel the Contest at any time, for any or no reason, and without prior notice to any participant, without penalty.
PUBLICITY; LIMITATIONS OF LIABILITY AND RELEASES:
TO THE FULLEST EXTENT PERMITTED BY LAW, BY PARTICIPATING IN THE CONTEST, ENTRANT AGREES THAT SPONSOR AND ITS PARENT COMPANY, SUBSIDIARIES AND AFFILIATES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING PROVIDERS, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER (INDIVIDUALLY OR COLLECTIVELY) FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF ANY PRIZE, ENTRY OR PARTICIPATION IN THE CONTEST OR IN ANY CONTEST RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, DAMAGE TO REPUTATION, OR MERCHANDISE DELIVERY. NO RELEASED PARTY SHALL BE RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, PANDEMIC, WEATHER, OR TERRORISM, OR ANY OTHER EVENTS BEYOND SUCH RELEASED PARTY’S REASONABLE CONTROL. BY PARTICIPATING IN THE CONTEST, ENTRANT AGREES THAT NO RELEASED PARTY WILL BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THE CONTEST OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.
EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE CONTEST CONSTITUTES EACH WINNER’S GRANT TO SPONSOR AND THE RELEASED PARTIES THE PERPETUAL RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, UNIVERSALLY AND IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING THE WORLD WIDE WEB, AT ANY TIME OR TIMES, SUCH WINNER’S SUBMISSION (INCLUDING ANY PART THEREOF), NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING HOMETOWN AND STATE) FOR THE PURPOSES OF CONDUCTING AND PROMOTING THE LEICA WOMEN FOTO PROJECT AND OTHER LAWFUL PROMOTIONAL ACTIVITIES OF SPONSOR (INCLUDING THE ANNOUNCEMENT OF SUCH WINNER’S NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
INTELLECTUAL PROPERTY; OWNERSHIP AND LICENSE:
Entrant retains all ownership rights as SUCH ENTRANT may have in the Submission (including in the photographs, project title, project statement, project description, artist bio, and planned use of prize money), subject only to the rights and licenses granted by Entrant as set forth in these OFFICIAL RULES. IF ENTRANT SUBMITS ONE OF THE WINNING SUBMISSIONS IN THE CONTEST, ENTRANT hereby grants to Sponsor a universal, perpetual, irrevocable, fully paid-up, non-exclusive right and license to USE the Submission and any part of it TO conduct and PROMOTE THE LEICA WOMEN FOTO PROJECT and its mission AND FOR OTHER LAWFUL PROMOTIONAL ACTIVITIES OF SPONSOR. THIS LICENSE GRANT INCLUDES without limitation the rights to reproduce, ADAPT, PUBLISH, PERFORM AND distribute AND publicly display the Submission or any part of it TO conduct and PROMOTE THE LEICA WOMEN FOTO PROJECT AND FOR OTHER LAWFUL PROMOTIONAL ACTIVITIES OF SPONSOR, in any and all media and photography exhibition, now known or hereafter developed. SPONSOR AGREES NOT TO MAKE SUBSTANTIAL ALTERATIONS OR MODIFICATIONS TO THE PHOTOGRAPHS OF THE WINNING SUBMISSIONS. This license grant ALSO includes the right to USE any publicity and/or privacy rights Entrant may have in the Submission or any part of it TO CONDUCT AND PROMOTE THE LEICA WOMEN FOTO PROJECT and its MIssion AND FOR OTHER LAWFUL PROMOTIONAL ACTIVITIES OF SPONSOR. For the avoidance of doubt, Sponsor is under no obligation to seek permission or approval or to give notice in connection with the exercise of any of the foregoing rights and licenses. Submissions are not confidential and do not contain confidential information of any party, including the Entrant. Sponsor MAY include a credit to Entrant when using photographs included in the Submission, but Sponsor’s failure to do so in any instance will not constitute a breach of these official rules or any agreement or obligation between Sponsor and Entrant. Entrant agrees to execute any documents Sponsor requests in order to evidence, confirm, or otherwise perfect the rights and licenses granted herein.
Entrant hereby agrees to indemnify, defend, and hold harmless Sponsor and its affiliates, as well as their directors, MANAGERS, officers, employees, agents, licensees, and assigns, from and against, and pay for, any claim that Entrant has not granted or is incapable of granting any of the foregoing rights and licenses. This duty to hold harmless includes payment of Sponsor’s costs of defense, such as attorneys’ fees, expert witness fees, and all other associated legal costs.
Participants (FOR THE AVOIDANCE OF DOUBT, INCLUDING POTENTIAL WINNERS, WINNERS, AND OTHER ENTRANTS) may not use the trade name, trademarks, logos, and other indicia of Sponsor, including the name, logo, and other indicia of the Leica brand or Leica’s products (collectively, the “Leica Marks”), without obtaining prior written permission from Sponsor to use the Leica Marks. Upon written notice by Sponsor, participants agree to discontinue making use of the Leica Marks in any manner. Except in the case of written permission as set forth above, no license or other right of any kind to the Leica Marks or any other intellectual property rights of Sponsor is granted to PARTICIPANTS, all of which rights shall remain the sole and exclusive property of Sponsor. PARTICIPANTS acknowledge and agree that all benefits and goodwill associated with any uses of the Leica Marks shall inure to the benefit of Sponsor.
LIMITATIONS/EXCLUSIONS: SPONSOR MAKES NO WARRANTIES, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE CONTEST, INCLUDING EACH WEBSITE ASSOCIATED WITH THE CONTEST AND ALL PRIZES FURNISHED IN CONNECTION WITH THE CONTEST. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. THESE LIMITATIONS AND EXCLUSIONS DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
ADDITIONAL INDEMNIFICATION: Entrant hereby agrees to indemnify, defend, and hold harmless Sponsor and its affiliates, as well as their directors, MANAGERS, officers, employees, agents, licensees, and assigns, from and against, and pay for, any claim ARISING OUT OF OR RELATED TO ENTRANT’S REPRESENTATIONS HEREUNDER oR ENTRANT’S NONCOMPLIANCE WITH THESE OFFICIAL RULES. This duty to hold harmless includes payment of Sponsor’s costs of defense, such as attorneys’ fees, expert witness fees, and all other associated legal costs.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant understands and acknowledges that Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by Sponsor’s employees. Each Entrant also acknowledges that many ideas may be competitive with or similar to a Submission and/or each other in theme, idea, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar material. Each Entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of Sponsor’s actual or alleged use of any Submission or other materials submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other use of the Submission or any materials based on or allegedly based on the Submission, and the Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
DISPUTES: Except where prohibited by law, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or in connection with the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and shall be submitted to mandatory, binding arbitration as provided herein; (2) except as expressly provided otherwise in these Official Rules, any and all such claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, 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 Entrant hereby waives any and all rights to have damages multiplied or otherwise increased. Any arbitration proceeding shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), before a single arbitrator selected by mutual agreement of the parties or, in the absence of such agreement, pursuant to such rules. The parties hereby irrevocably and unconditionally submit to the jurisdiction of the AAA for the purposes of arbitration proceedings and any counterclaims that relate in any respect to the Contest. The place of arbitration shall be in the State of New Jersey. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves the confidentiality of Sponsor's trade secrets and other confidential information. The arbitrator’s decision shall be final and binding upon the parties thereto and shall be the sole and exclusive remedy among such parties relating to the dispute, claim or cause of action, including any claims, counterclaims, issues or accounting presented to the arbitrator. Judgment upon the arbitrator’s award may be entered in any court having jurisdiction. These Official Rules shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules. Notwithstanding the foregoing, any action or proceeding by either of the parties for emergent and/or injunctive relief or to enforce any arbitration decision may be brought in the United States District Court for the District of New Jersey or in the Superior Court of New Jersey in Bergen County. The parties hereby irrevocably submit to the exclusive jurisdiction of such courts for such relief and waive any claim or defense of inconvenient forum or improper venue to the maintenance of any such action or proceeding in such venue. EACH PARTY HERETO ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THESE OFFICIAL RULES IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES OR THE TRANSACTIONS CONTEMPLATED HEREBY. EACH PARTY HERETO CERTIFIES AND ACKNOWLEDGES THAT (A) SUCH PARTY HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER AND (B) SUCH PARTY MAKES THIS WAIVER VOLUNTARILY.
SEVERABILITY: Each term and provision of these Official Rules is intended to be severable. If any term or provision of these Official Rules is determined by a court of competent jurisdiction to be unenforceable for any reason whatsoever, that term or provision shall be ineffectual and void and the validity of the remainder of these Official Rules shall not be adversely affected thereby.
ASSIGNMENT: Each Entrant agrees that Sponsor may assign the agreement embodied by these Official Rules in its entirety to a successor to the pertinent business of Sponsor or to any affiliate of Sponsor.
NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS AND COPYRIGHT INFRINGEMENT: Sponsor responds to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act (“DMCA”). Sponsor works to ensure that no content infringes upon the copyright, trademark, or certain other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify Sponsor’s team as outlined in the DMCA notice and Sponsor will investigate. Learn how to submit a DMCA notice to Sponsor by emailing firstname.lastname@example.org. This paragraph shall not limit any other provision of these Offical Rules.
WINNERS LIST: The list of Winners is available for viewing after March 11, 2024. Please visit www.leicawomenfotoproject.com.
QUESTIONS: For any questions about the Contest, these Official Rules, or any document referenced herein, please contact Sponsor at email@example.com.
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