Terms & Conditions
Sponsor is Foto Visura Inc, 1319 VT RT 128, Westford VT 05494, USA ("Sponsor").
TERMS, CONDITIONS OF USE, AND WEBSITE RULES
Welcome to the FotoVisura Grant. Following are the terms and conditions that govern your use of the Visura Grant webpages. BY CLICKING THE BUTTON TO CONTRIBUTE AND THEREFORE ENTER INTO THE CONTEST YOU HEREBY ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND FOTOVISURA (“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.
A NOTE REGARDING COPYRIGHTS & FotoVisura
FOTO VISURA INC DOES NOT RETAIN THE RIGHT TO USE IMAGES UPLOADED TO OR DISPLAYED ON THE SITE (EXCLUDING THOSE CREATED BY OR OTHERWISE COPYRIGHTED TO FOTO VISURA INC OR ITS PARTNERS) FOR ANY USE INCLUDING COMMERCIAL OR PROMOTIONAL, OUTSIDE OF THE FOTOVISURA.COM SITE, WITHOUT PRIOR WRITTEN CONSENT FROM THE COPYRIGHT HOLDER. Please read our full website terms at www. Visura.co/terms. Additionally, each album is labeled as copyrighted to the creator of the album – this is displayed on every instance in which the album is displayed – and grants the creator legal copyright as described by the DMCA.
The Open Call to submit to the Photojournalism GRANT begins July 21, 20156 at 10:00:00 a.m. US Eastern Daylight Time (“EDT”) and ends on September 12th, 2016, 2016 at 11:59:00 p.m. EST. Information on how to enter and prizes form part of these official rules ("Official Rules"). By submitting an entry, each entrant agrees to the Official Rules and warrants that his or her entry complies with all requirements set out in the Official Rules. This is a merit-based grant and chance plays no part in the determination of winners.
WHO MAY ENTER
The “Photojournalism Grant” is a resource provided by Visura.co, where Visura hosts, a unique merit-based open call exclusively for Visura.co’s Annual Members with a Plus, PRIME or GUILD annual membership (the “Grant”). Visura appoints a panel of expert judges to select a winner based on the evaluation of the entries against objective judging criteria.
The Open Call is open only to individuals who are Visura Annual Members with a PLUS, PRIME or GUILD annual membership, who have reached the age of majority in their jurisdiction of residence at the time of entry. Employees of Foto Visura Inc, and their subsidiaries and affiliates, and their immediate family members (spouse, parent, child, siblings and their respective spouses, regardless of where they live) or persons living in the same households of such employees, whether or not related are not eligible. GRANT IS VOID WHERE PROHIBITED.
HOW TO ENTER
Each entry consists of a project entry form, a series of photographs, a project summary, and a first-person narrative related to the photographs. The entry is free of cost to all Visura members with a PLUS, PRIME or GUILD annual membership. Non-members are unable to submit.
To enter, sign into entrant’s Visura account, visit the Grant page, select the Submit My Project button, select the appropriate project and confirm entrant’s submission. Each submission will include access to entrant’s Visura profile with required information, including entrant’s name, current location, nationality, bio, CV, contact information, email address, and captions for the entry.
Please know that any changes made to an entrant’s entry after submitting will be reflected in entrant’s submission for judges to see; entries may be disqualified if changes are made after the deadline.
Entries are limited to one project per person. Each entry must comply with the following requirements (the "Entry Requirements"): Photographs must be in digital format. The photographs need not be taken with a digital camera; scans of negatives, transparencies, or photographic prints are acceptable. All digital files must be 20 megabytes or smaller, must be in JPEG or JPG format, and must be at least 1600 pixels wide (if a horizontal image) or 1600 pixels tall (if a vertical image).
Submissions must include, but are not restricted to, photographs taken within 24 months of entry. Submitted photographs must not have been selected for a previous or alternative “Grant” with Visura or a partner institution. Uninterrupted long term projects are accepted.
Photographs must not be manipulated. Digitally enhanced or altered photographs (beyond the basics needed to achieve realistic color balance and sharpness) are unacceptable. Sponsor values authenticity. Deceptive images will be disqualified. Sponsor will ask the winner for the RAW files, if available, to be submitted for review.
Only minor burning, dodging and/or color correction is acceptable, as is cropping. Any changes to the original photographs not itemized here or in the Grant guidelines are unacceptable and will render the photographs ineligible for a prize.
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 "Release." 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. Each photograph, in its entirety, must be original material taken by the Grant entrant. By entering the Grant, entrant represents, acknowledges, and warrants that the submitted photographs and project is an original work created solely by the entrant, that the photographs do 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.
Each photograph must not, in the sole and unfettered discretion of Sponsor, contain objectionable or inappropriate content.Each series of photographs must be accompanied by individual captions which are complete and accurate, sufficient to convey the circumstances in which each photograph was taken, and include the date taken and place. Disguising or misrepresenting the origin of the content is cause for disqualification.
Watermarks are unacceptable. Unless Sponsor receives non-watermarked versions of the photographs within ten (10) days following its request, the entry will be disqualified. Sponsor reserves the right to examine the original photographs in order to confirm compliance with these rules.
Each entry must include a short synopsis and a long written reflection about the project, written by the entrant that describes the project: what, where, when, why, and how. All entries must be submitted and received by September 12th, 2016 at 11:59:00 p.m. EDT. Proof of submission is not proof of receipt.
The entries will be judged in accordance with the following Judging Criteria. Judging consists of three (3) rounds of evaluation. In round one, the Visura Editorial Team will select 40-60 entries from among all eligible entries based on the following criteria: (1) originality of the concept and creativity of execution (30%); (2) photographic quality (40%); (3) quality of the text narrative (30%); (4) genuineness or authenticity of the visual and story narrative. The entries selected in round one will proceed to round two. In round two, the panel of guest Judges will use the Judging Criteria to select the top twenty (20) entries from among the 40-60 entries selected from round one. In round three, the Judges will use the Judging Criteria to select top five (5) projects. Round four consists of a series of questions sent by Visura’s Editorial Team to the top five (5) contestants). Finally, the Judges select 1 winner from among the five (5) entries selected. In the event of a tie, the tied entries will be re-submitted to the Judges for a re-judging between the tied entries alone. In the event that a tie remains after re-judging, the entry with the highest score in the creativity criteria will be declared the winner. Winner will be chosen on or around October 23, 2016, and notified by email. Decisions of the Judges are final and binding.
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 Visura’s Editorial Team request, each entrant must be prepared to provide (within seven (7) calendar days of receipt of Visura’s Editorial Team request) a signed release from all persons who appear in the photograph submitted, authorizing Visura’s Editorial Team and their licensees ("Authorized Parties") to reproduce, distribute, display, and create derivative works of the entry in connection with the Grant and promotion of the Grant, in any media now or hereafter known. Failure to provide such releases upon request may result in disqualification at any time during the Grant and selection of an alternate winner. Similarly, upon Visura’s Editorial Team request, each entrant must be prepared to provide (within seven (7) calendar days of receipt of Visura’s Editorial Team request) a signed written license from the copyright owner of any sculpture, artwork, or other copyrighted material that appears in the photograph entry, authorizing any Authorized Party to reproduce, distribute, display, and create derivative works of the entry in connection with the Grant and promotion of the Grant, in any media now or hereafter known. Failure to provide such releases upon request may result in disqualification and selection of an alternate winner. Finally, upon Visura’s Editorial Team request, each entrant must be prepared to provide (within seven (7) calendar days of receipt of Visura’s Editorial Team request) a signed written license from the owner of any private property included in the photograph entry, authorizing any Authorized Party to reproduce, distribute, display, and create derivative works of the entry in connection with the Grant and promotion of the Grant, in any media now or hereafter known. Failure to provide such releases upon request may result in disqualification and selection of an alternate winner. For the purposes of these Official Rules, the entrant will be deemed to be in receipt of Visura’s Editorial Team request or notification, (a) in the event that Visura’s Editorial Team sends the request by postal mail, five business days after the request was sent by fVisura’s Editorial Team, or (b) in the event that Visura’s Editorial Team sends the request by email, on the day that the email was sent by Visura.
One winner will be selected. The winners will receive $5000 grant prize. The potential winner shall be required to sign and return within ten (10) days following an attempted notification, an Affidavit, Declaration or Certificate of Eligibility, Liability Release, and where legally permissible, a Publicity Release, Warranty of Ownership, and License in which the entrant warrants that he or she is the owner of all photographs (and all the intellectual property rights in the photographs submitted) and writing in the entry and grants to Authorized Parties the irrevocable, perpetual, worldwide, non-exclusive license to reproduce, distribute, display, and create derivative works of the entry (along with a name credit) in connection with the Grant and promotion of the Grant, in any media now or hereafter known, without additional compensation. Failure to execute and deliver any required documents to Authorized Parties by the specified deadline may result in disqualification from the Grant and selection of an alternate potential winner.
NONCOMPLIANCE OR RETURN OF PRIZE NOTIFICATION AS UNDELIVERABLE, WHETHER BY REGULAR MAIL OR BY EMAIL, MAY RESULT IN DISQUALIFICATION AND SELECTION OF AN ALTERNATE POTENTIAL WINNER.
No prize transfer, assignment, or substitution by winner permitted. If a prize (or part of a prize) is unavailable, Visura, in its discretion, reserves the right to substitute the original prize (or that part of the prize) with an alternative prize to the equal specification, unless to do so would be prohibited by law.
For all submissions: If the photograph contains any material or elements that are not owned by the entrant and/or that 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 publication, 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. THIRD PARTY RELEASES/LICENSES—When submitting a body of work, please have all your paperwork up to date. FotoVisura does not obtain copyrights of your work without your prior consent. However, third party publications require signed releases from all persons who appear in the photograph submitted. We advise all photographers to have this prepared by the time you submit in case you are approached by a third party for the project submitted to the Grant and self-published in Visura.
Upon the Organizers’ request, each entrant must be prepared to provide a signed written personal release from all persons who appear in the photograph submitted, authorizing use of the Photograph by any Authorized Party in any media now or hereafter known, without restriction, limited to the Organizers’ editorial publications, press releases, marketing and promotions. In addition, upon Sponsor’s request, each entrant must be prepared to provide a signed written license from the copyright owner of any sculpture, artwork or other copyrighted material that appears in the photograph entry, authorizing use of the photograph by any Authorized Party in any media now or hereafter known, without restriction, limited to Sponsor’s editorial publications, press releases, marketing and promotions. All releases must be in the form provided by the Organizers. Failure to provide such releases upon request may result in disqualification and selection of an alternate winner.
LIMITATION OF LIABILITY
By entering this Grant, all entrants agree to release, discharge, and hold harmless Foto Visura Inc, and their 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 Grant or any Grant-related activities and the acceptance and use, misuse, or possession of any prize awarded hereunder.
Foto Visura assumes 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 Grant entries or entry forms; or alteration of entries or entry forms.
Foto Visura is 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 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 in this Grant.
In the case of entrants who are Australian or U.K. residents, the preceding two clauses do not operate in respect of any implied condition or warranty the exclusion of which from these Official Rules would contravene any Australian or U.K. statute or cause any part of these Official Rules to be void.
THIS GRANT IS VOID WHERE PROHIBITED. Entrants agree that this Grant shall be subject to and governed by the laws of Vermont and the forum for any dispute shall be the federal and state courts in Vermont, United States of America. 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 resulting from or in connection with this Grant are hereby excluded and any entrant expressly waives any and all such rights. Certain restrictions may apply. Entries void if Visura determines the photograph to not be an original, or if the entries are incomplete, inaccessible or blocked, damaged, irregular, altered, counterfeit, produced in error or obtained through fraud or theft.
By entering, entrants also agree (a) to be bound by these Official Rules; (b) that the decisions of the Judges are final and binding with respect to all matters relating to the Grant; and (c) if the entrant wins that Visura may use the winning photographs and the winner's name, photograph, likeness, and/or voice in any publicity or advertising relating to the Grant, or future promotions without compensation or approval (except where prohibited by law). All federal, state/provincial/territorial, and local taxes, fees and surcharges and taxes (whether foreign or domestic, and including income, sales, and import taxes) on prizes are the sole responsibility of the prize winner. In the event that the selected winner of the prize is ineligible, cannot be traced or does not respond within ten (10) days to a winner notification as required by the “Prizes" rules above, or refuses the prize, the prize will be forfeited and Visura , in their sole discretion, may choose whether to award the prize to another entrant.
Foto Visura reserves the right to verify the validity and originality of any entry and/or entrant (including an entrant's identity) and to disqualify any entrant who submits an entry that is not in accordance with these Official Rules or who tampers with the entry process. Failure by Visura to enforce any of their rights at any stage does not constitute a waiver of those rights.
RIGHT TO CANCEL OR SUSPEND GRANT
If for any reason the Grant 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 Visura that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Grant, Visura reserves 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 Grant. If Visura elects to cancel or terminate the Grant, Visura will not retain any rights in the submitted photographs.
Entrants are responsible for complying with these Official Rules. The winner will be identified on the Visura Grant page.
Entrants agree that personal data, especially name and address, may be processed, shared, and otherwise used for the purposes and within the context of the Grant and any other purposes outlined in these Official Rules as well as the Terms & Conditions of Visura.co.
The data may also be used by Visura in order to verify the participant's identity, postal address, and telephone number or to otherwise verify the entrant's eligibility to enter the Grant. Participants have the right to access, review, rectify, or cancel any personal data held by Visura by writing to FotoVisura Inc, 1319 VT RT 128, Westford, VT 05494 or sending an email to email@example.com or firstname.lastname@example.org. Personal data will be used by Visura and its affiliates exclusively for the purposes stated herein.
NOTICE TO INDIVIDUALS: REMOVAL FROM MAILING LIST:
Any individual (or other duly authorized person) may elect to exclude the name and address of that individual from all lists used by Visura’s newsletter. To elect to have an individual's name excluded from Visura’s Newsletter, please write to: email@example.com or Foto Visura Inc, 1319 VT RT 128, Westford, VT 05494.For more information contact: firstname.lastname@example.org
for Visura's general contest Terms & Condititions)