HIGHLAND EXPOSURE TERMS & CONDITIONS

DEFINITION of TERMS

• COMPETITION
  • "Highland Exposure: A Highland Digital Photo Competition & Exhibition"
• ORGANISERS
  • Distance Lab, Horizon Scotland, The Enterprise Park, Forres, Moray, IV36 2AB, Scotland
  • Highlands and Islands Enterprise, Cowan House, Inverness Retail and Business Park, Inverness IV2 7GF, Scotland
• ENTRY
  • The Photo(s), accompanying text, tags, and meta-data submitted for consideration in the COMPETITION.
• ENTRANT
  • You; The person from whom an ENTRY is received.
• PRIZES
  • One (1) Grand Prize: £250
  • Five (5) Honorary Mention Prizes: £100
• JUDGES
  • A panel of persons chosen by the ORGANISERS who determine the distribution of PRIZES.
• WINNERS
  • The six (6) ENTRANTS to whom the JUDGES award a PRIZE.
• EXHIBITION
  • A public showing of ENTRIES in any manner chosen by the ORGANISERS.

ELIGABILITY OF ENTRANTS

• This is an international COMPETITION open to anyone (regardless of age, sex, religion or nationality) except to employees and family members of the ORGANISERS and JUDGES.
• ENTRANT must complete the entry form (http://www.highlandexposure.net/submit.htm) to enter this COMPETITION.
• ENTRANT must be either over 18 years of age or have the consent of his/her parent(s)/guardian(s).
• Under 18 Years of Age
  • ENTRANT requires parent's or guardian's permission before entering the COMPETITION.
  • With exception to submitting your ENTRY on the COMPETITION website, never reveal any personal information about yourself or anyone else (for example, telephone number, home address or email address).
• Under 13 Years of Age
  • ENTRANT requires parent's or guardian's permission before entering the COMPETITION.
  • ENTRANT requires parent's or guardian's permission before opening an account on Flickr.com.
  • With exception to submitting your ENTRY on the COMPETITION website, never reveal any personal information about yourself or anyone else (for example, telephone number, home address or email address).

CONDUCT OF ENTRANTS

• The ENTRANT understands that all information, data, text, photographs, and tags, or other materials ("ENTRY"), whether publicly posted or privately transmitted, are the sole responsibility of the ENTRANT from whom such Content originated. This means the ENTRANT, and not the ORGANISERS, are entirely responsible for all content that an ENTRANT uploads or otherwise makes available via the server.
• The ENTRANT pledges to only submit ENTRIES that are not defamatory, unlawful, harmful, threatening, abusive, harassing, tortuous, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; do not harm minors in any way; do not infringe on any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; are not advertisements; do not intentionally or unintentionally violate any applicable local, state, national or international law; and are not submitted with the intention of committing or promoting an illegal act.
• The ENTRANT further pledges to not disrupt or compromise the function of the COMPETITION or any of the ORGANISERS networking equipment.

OWNERSHIP, COPYRIGHT, CONSENT

• By submitting photo(s) to this COMPETITION each ENTRANT confirms and warrants that: (i) they have created and own the photograph submitted and that it is their own original work; (ii) all copyright, and any other intellectual property rights in the photograph are vested in them; (iii) they have not assigned, licensed or disposed of or otherwise encumbered any of their rights in the photograph; (iv) they have not infringed the intellectual property rights of any third party in respect of the photograph, and will indemnify the ORGANISERS against any claims made against the ORGANISERS by any third parties in respect of such infringement.
• The ENTRANT agrees to only submit ENTRIES which are his/her own original work. Photographs must not be previous competition winners or previously published works. The ENTRANT must not violate, plagiarise, or infringe the rights of third parties including copyright, trade mark, trade secrets, privacy, publicity, personal or proprietary rights.
• It is the responsibility of the ENTRANT to ensure that all required permissions have been obtained.

PRIZES

• PRIZES of GBP250.00 for the one (1) grand prize winner and GBP100.00 for the five (5) honorary mentions, will be awarded. Each ENTRANT is restricted to winning one prize only.
• The PRIZES are non-exchangeable and non-transferable. The ORGANISERS retain the right to substitute a PRIZE with another PRIZE of similar value.
• PRIZES unclaimed after 14 days will be deemed to have been forfeited and the ORGANISERS reserves the right to offer the prize to another entrant.
• An ENTRANT younger than 16 years of age at time of prize disbursement requires a parent or guardian to receive the prize on the minor's behalf.

JUDGING

• The winning ENTRIES will be those that, in the opinion of the JUDGES, are the most stunning and inventive expressions of Distance in the contemporary Scottish Highlands and Islands. The JUDGES will be looking for originality, creativity, strong composition and links to category themes.
• The JUDGES appointed by the ORGANISERS will choose the winners. The decision of the JUDGES is final in all matters relating to the competition and no correspondence will be entered into.

DEADLINES

• All ENTRIES must be received by 1 May 2007 (2007-05-01) for consideration of the June 2007 PRIZES and EXHIBITION.

NOTIFICATION OF WINNERS

• A short-list of ENTRIES will be published after the COMPETITION closing date. Names of the COMPETITION WINNERS will be announced at the June 2007 EXHIBITION.

GRANTING USE OF ENTRY

• By entering the COMPETITION, each ENTRANT grants the ORGANISERS and its COMPETITION sponsors the right to reproduce, enlarge, publish or exhibit, mechanically or electronically on any media worldwide, including the internet, the ENTRANT's photograph, in connection with this COMPETITION. ENTRANTs shall not charge a fee for any such reproduction or publication and shall not object to any alteration of their photographs for this purpose.

INDEMNITY

• The ORGANISERS cannot accept any responsibility for any damage, loss, injury or disappointment suffered by the ENTRANT as a result of entering the COMPETITION or accepting the PRIZE or any injury or damage to the ENTRANT's or any other person's computer, mobile telephone, camera, or other electronic device relating to or resulting from participation in or downloading any materials in connection with the COMPETITION.
• The ENTRANT hereby indemnifies the ORGANISERS of all responsibility should the ENTRANT endanger him/herself or others, take any unnecessary risks or infringe any laws in participating in the COMPETITION.

USE OF FLICKR

• Entrants must register with Flickr and must Agree to Flickr's Terms and Conditions.
• The ORGANISERS are in no way affiliated with Flickr, Yahoo! Inc., or any of its subsidiaries. The ORGANISERS do not guarantee availability of any resources or services provided by Yahoo! Inc. or Flickr.

MODIFICATION OF TERMS / REJECTION OF ENTRIES

• The ORGANISERS may amend these Terms at any time, for any reason, and without notice, including the right to terminate or suspend the Competition or any part of the Competition.
• The ORGANISERS reserve the right to reject submissions that do not conform to the competition's terms and conditions; do not comply with UK and European legal requirements; or do not meet the competition's technical or editorial specifications.
• The ORGANISERS reserve the right to cancel the competition (and any associated exhibition or event) at any stage, if deemed necessary in their opinion, and if circumstances arise outside of their control.
• The decision of the ORGANISERS to accept or reject an entry is final. No correspondence will be entered into.
• Should the quality of entries fall below the standard required, the ORGANISERS reserve the right not to award prizes.

ENTIRETY OF THE AGREEMENT / LIMITATIONS OF SERVICE / OVERALL TERMS

• These Terms constitute the entire agreement between you and the ORGANISERS related to the competition and your use of its web site. In the case of inconsistencies between these Terms and any information, these Terms will always take precedence.
• Entrants will be deemed to have understood the above rules and accepted them and agree to be bound to them when entering the competition.
• Entry into this competition does not imply any affiliation with the ORGANISERS or any affiliate organisation.
• By entering your photographs in the competition, you confirm that you accept these Terms, that you agree to be bound by them, and that you will use the server only in a manner consistent with these Terms. Acceptance of these Terms creates a binding contract between you and the ORGANISERS. If you have questions about these Terms, please contact info@highlandexposure.net. Your use of the site is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the server.

ENTRY

• No purchase necessary.
• Entries must be digital images entered online. Only photos submitted online will receive award consideration.
• Please only submit photos taken personally by you for non-professional and non-commercial purposes. Photos must be your own original work, and you must have the right to make them available to the ORGANISERS for all the purposes specified within the Terms and Conditions of this competition.
• Submit photos as JPEGs at the highest possible quality setting. Entries are limited to digital files. Entries can consist of photos taken with any lens configuration transferred to digital format or images taken with a digital camera.
• Please keep a copy of the original photo, as we may request hi-res images for the exhibition. It is the sole responsibility of the entrant to retain hi-resolution originals for use during the public exhibition.
• You may submit as many images as you like.
• You may enter a set of images as a single submission to be judged as a unit.
• All photographs entered into the competition must be suitable for publication on the ORGANISERS' websites and potentially in exhibitions and therefore should be suitable for a general audience.
• No responsibility is taken for entries lost, delayed, misdirected or incomplete due to server functions or failures, virus, bugs, technical problems or traffic congestion on the internet or any other causes outside the ORGANISERS' control. Proof of entry is not proof of receipt.
• Prints will not be considered. Any prints that are submitted will not be returned. The ORGANISERS shall not be responsible for the return of entries received by means other than through the digital submission form.
• Please ensure that you print off and keep a copy of your completed entry form or email.
• All photographs must be submitted with the requisite form information as defined on the Highland Exposure website (http://www.highlandexposure.net/submit.htm).
• Anyone submitting a photograph of a child (under 18) is solely responsible to ensure that image is countersigned by the child's parent/guardian. The ORGANISERS will not be held liable for using images supplied by ENTRANTs.

LEGAL INFORMATION

• The Promoters of this Competition are the ORGANISERS.
• This contract shall be governed by the laws of Scotland. The courts of Inverness, Scotland are the exclusive forum and venue to resolve any and all disputes arising out of or otherwise relating to this contract. You consent to personal jurisdiction and venue by the courts of Inverness, Scotland.
• If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

VIEWS OF THE ORGANISERS

• Views expressed by entrants to the Highland Exposure Competition do not necessarily reflect those of the ORGANISERS or any affiliate organisations.

NO WARRANTY

• You agree to use highlandexposure.{net, org, com} only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of highlandexposure.{net, org, com}.
• highlandexposure.{net, org, com} content, including the information, names, images, pictures, logos and icons regarding or relating to the ORGANISERS, its products and services (or to third party products and services), is provided "AS IS" and on an "IS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
• The ORGANISERS do not warrant that functions contained in highlandexposure.{net, org, com} content will be uninterrupted or error free, that defects will be corrected, or that highlandexposure.{net, org, com} or the server that makes it available are free of viruses or bugs.

PERSONAL INFORMATION

• The ORGANISERS will use the ENTRANT's personal details for the purposes of administering this COMPETITION, and will not provide them to anyone else without your permission, except when crediting the ENTRANT when an ENTRY is published.

BREACH OF TERMS

• The ENTRANT hereby indemnifes the ORGANISERS against all legal fees, damages and other expenses that may be incurred by the ORGANISERS as a result of your breach of the above agreement.
• YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS the "ORGANISERS", INCLUDING THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO THE SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR BY ANY OTHER PERSON ACCESSING THE "COMPETITION."
• Under no circumstances will the ORGANISERS be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of highlandexposure.{net, org, com} regardless of the form of action.

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