Registration | Photo Nights Boston

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T&C
Photorama Open Photographer Section Terms and Conditions These Open Photographer Section Terms and Conditions (these “Terms”) are for your submission of a photograph (the “Photograph”) and any requested information (both the Photograph and the information collectively a “Submission”) to Photo Nights Boston, Inc., a Massachusetts non-profit corporation (“PNB”), so that PNB may, at its sole discretion, use the Photograph in the open photographer section (the “Open Photographer Section”) of Photorama, a public photography exhibition expected to take place at the Cyclorama in Boston’s South End during October of 2013 (the “Event”). BY MAKING A SUBMISSION TO THE OPEN PHOTOGRAPHER SECTION YOU AGREE TO THESE TERMS, AND REPRESENT AND WARRANT THAT YOUR ENTRY COMPLIES WITH ALL REQUIREMENTS AND CONDITIONS SET FORTH IN THESE TERMS INCLUDING, BUT NOT LIMITED TO, YOU OBTAINING ALL APPLICABLE LICENSES AND RELEASES. TIMELINE OF SUBMISSIONS Submissions are accepted from 10 AM US Eastern Time on [Date] until 11:59 PM US Eastern Time on August 29, 2013. WHO MAY ENTER The Open Photographer Section of the Event is open only to individuals aged 18 years or older at the time of entry. Employees of PNB, and its subsidiaries and affiliates, and their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they live) or persons living in the same households of such employees, whether or not related may make submissions, but such persons will not be eligible to win any awards. THIS AGREEMENT IS VOID WHERE PROHIBITED. HOW TO ENTER; REQUIREMENTS Each Submission consists of an entry form, a single image and an entry fee. The entry fee is $ 20 per entry. To enter, visit http://photonightsboston.com/photocontest/photoupload/; complete an entry form with the required information, including your name, address, telephone number, email address, and photo caption; and submit along with your photograph and fee in accordance with the instructions that follow. The Categories for entries are: (i) Spirit of Boston, (ii) Nature, (iii) Portrait, (iv) Motion/Action,(v) Fine Art, (iv) Light (the “Categories”). There is no limit on the number of entries per person. Each entry must comply with the following requirements (the “Photograph Requirements”): The Photograph must be in digital format. Only online entries will be eligible. No print or film submissions will be accepted. The Photograph need not be taken with a digital camera; scans of negatives, transparencies, or photographic prints are acceptable. All digital files must be 300, files must be in JPEG or JPG format, and must be at least 2000 pixels wide (if a horizontal image) or 2000 pixels tall (if a vertical image). The Photograph must have been taken within two (2) years before the date of entry and may not previously have won a photography award. Minor burning, dodging and/or color correction is acceptable. Hand tinting is acceptable, as is cropping. Fish-eye lenses are acceptable. High dynamic range images (HDR) and stitched panoramas are acceptable only if the combined parts are all made around the same time. Any changes to the original photograph not itemized here are unacceptable. 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 you must be prepared to provide a release form as described below in the section “LICENSES AND 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. PNB reserves the right to examine the original photograph/source material in order to confirm compliance with these Terms. TRUTHFULNESS; IMPERMISSIBLE CONTENT You represent and warrant that you are who you say you are, and that you have not submitted fictitious, false or inaccurate information about yourself. You further represent and warrant that all the materials you submit (including the Entry and any requested information) is true and your own work or work you are authorized to submit, and does not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic material, or other material that would violate any other applicable law or regulation. In addition, PNB reserves the right to reject any Submission as containing obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content, such to be determined by PNB at its sole discretion. SUBMITTING A SUBMISSION All Submissions must be submitted and received by 11:59 PM US Eastern Time on August 29th, 2013. Proof of submission is not proof of receipt. Submissions must be 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, internet domain owner, or other person or organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. LICENSES AND RELEASES By submitting the Submission, you grant PNB and its licensees (“Authorized Parties”) a non-exclusive, royalty-free, irrevocable, perpetual, fully paid-up, sub-licensable, limited license and right to reproduce, distribute, display and create derivative works of the Photograph for the Event, promotions, public relations, and other non-commercial purposes in any media now or hereafter known. You consent to the Authorized Parties doing or omitting to do any act that would otherwise infringe your “moral rights” in the Photograph. Additionally, by entering, you grant Authorized Parties the unrestricted right, at the Authorized Parties’ sole discretion, to use all statements made in connection with, or included in, the Submission, and any pictures or likenesses of you. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with any use permitted under this paragraph. If the photograph contains any material or elements that are (a) not owned by you, (b) are subject to the rights of third parties, and/or (c) if any persons appear in the photograph, you are responsible for obtaining, prior to submission of the photograph, any and all consents (not necessarily written) required to permit the exhibition and use of the Photograph in the manner set forth in the above paragraph without additional compensation by the Authorized Parties. If any person appearing in any Photograph is under the age of majority in their state/province/territory of residence, the consent of a parent or legal guardian is required. Upon PNB's request, you must be prepared to provide, within 14 calendar days of receipt of PNB's request, a signed release authorizing the Authorized Parties to reproduce, distribute, display and create derivative works of the Photograph for promotions, public relations, and other non-commercial purposes in any media now or hereafter known, from (a) all persons who appear in the Photograph and/or from the owner of any material that appears in the Photograph, (b) the copyright owner of any sculpture, artwork, or other copyrighted material that appears in the Photograph, and/or (c) the owner of any private property included in the Photograph. All releases must be in the form provided by PNB. Failure to provide such releases upon request may result in PNB’s rejection of the Submission. (Download the Personal Release form here [ADD LINK TO RELEASE FORM].) For the purposes of these Terms, you will be deemed to be in receipt of PNB's request or notification, (a) in the event that PNB sends the request by postal mail, five business days after the request was sent by PNB, or (b) in the event that PNB sends the request by email, on the day that the email was sent by PNB. LIMITATION OF LIABILITY By accepting these Terms, you agree to release, discharge, and hold harmless PNB and its partners, affiliates, subsidiaries, licensees, advertising agencies, agents (collectively, the “PNB Parties”) and their respective employees, officers, directors, managers, partners, and representatives from any claims, losses, and damages arising out of your participation in the Event or any Event-related activities and the acceptance and use, misuse, or possession of any prize awarded hereunder. The PNB Parties assume no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft, destruction, unauthorized access or alteration of the Submission. The PNB Parties 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 email Submission 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 your computer or any other persons' computers related to or resulting from participation, uploading or downloading of any materials related to these Terms. GOVERNING LAW; WAIVER OF CLAIMS These Terms, and all matters relating to, arising out of or in connection herewith, including but not limited to matters of validity, construction, effect, performance and remedies, shall be governed by the laws of the Commonwealth of Massachusetts, without regard to the rules of conflict of law that may cause the laws of any other jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts located in the City of Boston in the Commonwealth of Massachusetts in the event of any dispute of any kind relating to, arising out of or in connection with these Terms. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT PERMITTED BY LAW, THE RIGHT TO LITIGATE, TO SEEK INJUNCTIVE RELIEF OR TO MAKE ANY OTHER RECOURSE TO JUDICIAL OR ANY OTHER PROCEDURE IN CASE OF DISPUTES OR CLAIMS RELATING TO, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS ARE HEREBY EXCLUDED AND YOU EXPRESSLY WAIVE ANY AND ALL SUCH RIGHTS. PNB’S USAGE OF THE SUBMISSION PNB reserves the right, at its sole discretion, to use the Submission for promotions, public relations, and other non-commercial purposes, or to not use the Submission, in either case for any reason or no reason, and without any notification or compensation to you or any third party. DATA PRIVACY You agree that personal data, including your name and address, may be processed, shared, and otherwise used for any purposes outlined in these Terms. The data may also be used by the PNB Parties in order to verify the participant's identity, postal address, and telephone number or to otherwise verify your eligibility to submit a Submission. You have the right to access, review, rectify, or cancel any personal data held by the PNB Parties by writing to info@photonightsboston.com. Personal data will be used by the PNB Parties exclusively for the purposes stated herein.
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