Terms of Service
Highlights of Terms and Conditions for FotoEvidence.com and the FotoEvidence Book Award.
1. Photographers retain copyright to all material submitted to FotoEvidence.
2. The Book Award winner and up to four (4) finalists agree to have their photographs exhibited on the FotoEvidence website without compensation.
3. FotoEvidence will publish a book of the Book Award winner’s work. The photographer(s) will be included in the editorial process for the book.
4. The Book Award winner will sign a book contract granting FotoEvidence the rights to the work as published in a FotoEvidence book in exchange for compensation in the form of royalties from the sale of the books.
5. The Book Award winner and finalists agree to participate in a FotoEvidence sponsored exhibit and to designate FotoEvidence as their agent for any sales related to the exhibit.
6. The Book Award winner and finalists agree to donate three (3) signed prints, produced at FotoEvidence’s expense, to the FotoEvidence archive.
7. These highlights only summarize some of the terms and conditions set forth below which are the full and complete terms and conditions governing the FotoEvidence web site and Book Award.
Terms and Conditions of Use
1. RESTRICTION ON USE OF OUR ONLINE MATERIAL
All Online Materials on FotoEvidence site, including, without limitation, text, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, are copyrighted intellectual property. All usage rights are owned and controlled by FotoEvidence or contributors. You, the visitor, may download Online Materials for non-commercial, personal use only provided you 1) retain all copyright, trademark and propriety notices, 2) you make no modifications to the materials, 3) you do not use the materials in a manner that suggests an association with any of our products, services, events or brands, and 4) you do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes. You may not, however, copy, reproduce, republish, upload, post, transmit or distribute Online Materials in any way or for any other purpose unless you get our written permission first. Neither may you add, delete, distort or misrepresent any content on the FotoEvidence site. Any attempts to modify any Online Material, or to defeat or circumvent our security features is prohibited.
Everything you download, any software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by FotoEvidence or third-party licensors for your personal, non-commercial home use only. We do not transfer title of the software to you. That means that we retain full and complete title to the software and to all of the associated intellectual-property rights. You’re not allowed to redistribute or sell the material or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use.
2. LIMITATION OF LIABILITY
By participating, entrants agree to release, discharge, and hold harmless FotoEvidence and each and all of their respective partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives from any claims, losses, and damages arising out of their submission to Report Injustice Now or participation in the FotoEvidence Book Award competition, competition-related activities and or the acceptance and use, misuse, or possession of any prize awarded hereunder.
FotoEvidence 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 Contest entries or entry forms. The FotoEvidence 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 e-mail 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 the Book Award or any other FotoEvidence activity.
3. TERMS AND CONDITIONS FOR THE FOTOEVIDENCE BOOK AWARD AND FOTOEVIDENCE REPORT INJUSTICE NOW.
By clicking the button to submit work to FotoEvidence or enter the FotoEvidence Book Award competition you agree and acknowledge the following terms and conditions. These terms and conditions of use constitute a legal agreement between you and FotoEvidence and the FotoEvidence Book Award competition. Please read the agreement before uploading your work for the FotoEvidence Book Award competition or Report Injustice Now on our web site. By submitting your work to FotoEvidence you agree to be bound by these terms and conditions.
Submissions to the FotoEvidence Book Award are accepted all year up until the deadline of January 15th of the award year, i.e. submissions for the 2014 FotoEvidence Book Award must be received by midnight (E.S.T.) on January 15th , 2014. Submissions received after the January 15th deadline will be considered for the following year’s Book Award.
b. PROJECT DEADLINES:
The winner of the FotoEvidence Book Award competition agrees to submit 100-120 high-resolution digital files to FotoEvidence by February 15th of the award year for consideration in the production of the book.
The finalists agree to submit 15 high-resolution files from their winning projects for inclusion in the annual FotoEvidence Book Award Exhibit no later than April 30 of the award year.
Failing to meet these deadlines may lead to the disqualification of the photographer from FotoEvidence Book Award and/or the FotoEvidence Book Award Exhibit.
c. WINNERS LIST
The Book Award winner and the finalists will be notified by email at their email of record. Winners will be announced at FotoEvidence.com
d. WHO MAY ENTER
The FotoEvidence Book Award competition is open to all photographers 18 years of age or older except as noted in the following paragraph.
Entrants must be at least 18 years of age as of the date of entry. CONTEST IS VOID WHERE PROHIBITED. Directors, employees and associates of FotoEvidence, and their immediate families, are NOT eligible to apply for the FotoEvidence Book Award. The FotoEvidence Book Award judges, and their immediate families, are NOT eligible to apply for the Book Award in the year that the judges serve.
e. LICENSES AND RELEASES
The photographer retains the copyright to all material submitted to FotoEvidence.
Photo Submissions must be original photos created by the Submitter or a photographer for whom the Submitter is acting, and must not contain any elements that are protected by someone else’s copyright or otherwise subject to third party proprietary rights, including privacy and publicity rights (except as expressly permitted below).
If the photograph contains any person, material or element that is subject to the rights of third parties, 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, from whom a release is required, is under the age of consent in the state in which they reside, the signature of a parent or legal guardian is required on each release.
By submitting photographs to FotoEvidence, the photographer grants to FotoEvidence the non-exclusive right to publish the photographs on the FotoEvidence web site and in promotional material in perpetuity without compensation. FotoEvidence will credit the photographer during any such use.
THIS BOOK AWARD COMPETITION IS VOID WHERE PROHIBITED. This Competition is subject to federal, state, and local laws and regulations. Certain restrictions may apply. FotoEvidence is not responsible for late, lost, incomplete or misdirected entries. Entries void if the FotoEvidence determines the entry to not be an original, or if the entries are illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error, obtained through fraud or theft or in violation of any of the terms and conditions contained herein.
Participants also agree to be bound by these Official Rules; that the decisions of the judges are final on all matters relating to the Book Award and finalists; and if he/she wins, that FotoEvidence may use the winning photographs and each winner’s name and photograph in any publicity or advertising relating to FotoEvidence Book Award competition or future promotions without compensation or approval (except in Tennessee and where prohibited by law).
All federal, state and local taxes, fees and surcharges on prizes are the sole responsibility of the prize winners. In the event that the selected winner of any prize is/are ineligible or refuses the prize, the prize will be forfeited and FotoEvidence, in their sole discretion, may choose whether to award the prize to another entrant.
The Book Award winner(s) agree to make at least 100 images from his/her winning project available to FotoEvidence for publication as a FotoEvidence book. The winner will sign a book contract granting FotoEvidence the rights to the published work in exchange for compensation that includes 20 free copies of the book and a royalty on net revenue from book sales.
The FotoEvidence Book Award winner and finalists agree to give FotoEvidence three (3) signed prints, chosen by FotoEvidence in collaboration with the winner, for its archives. Prints will be 17 by 22 inches and will be produced at FotoEvidence’s expense.
In addition, FotoEvidence Book Award winner(s) and finalists agree that work selected by FotoEvidence may be used for an annual exhibition created or supported by FotoEvidence. Images for the exhibit will be chosen by FotoEvidence in collaboration with the photographer(s). The photographer(s) designates FotoEvidence to serve as their agent for the sale of prints resulting from the FotoEvidence Book Award Exhibit.
The Book Award winner also agrees that images from his/her winning project may be used for publicity and press purposes by FotoEvidence without compensation. Any such use by FotoEvidence will credit the photographer.
If any compensation is available for photographs by winners or finalists for use in press or publicity, FotoEvidence will forward those funds to the photographers as soon as they have been received, or will put the photographer directly in touch with the organization making payment.
g. RIGHT TO CANCEL OR SUSPEND COMPETITION
If for any reason the Competition is not capable of running as planned, due to infection by computer virus, denial of service attacks, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Organizers that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Competition, FotoEvidence reserve 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 Competition. If the Organizers elect to cancel or terminate the Competition, the Organizers will not retain any rights in the submitted photographs and will return the entry fees.