Sony sponsoring Aus photo prize

[Glen]

Sony is sponsoring a photography prize in Aus:

http://gallery.sony.com.au/

[Alpha_7]

CONDITIONS OF ENTRY
SONY α WORLD CONSUMER PROMOTION

1. Information on how to enter and prizes form part of these Conditions of Entry. Entry into this promotion is deemed acceptance of these Conditions of Entry by each entrant. Entry is via Internet only.
2. Any costs associated with accessing the promotional website remain the responsibility of each entrant and are dependent on the service provider used. Any contact or other required entry details entered incorrectly on the website shall be deemed invalid and will result in an ineligible entry.
3. Entry is free and open to residents of Australia aged 18 years or older who are available to take the holiday prize on 19/04/2008 to coincide with the Sony World Photography Awards event. Directors and employees (and their immediate families) of the Promoter, its related entities, printers, suppliers, providers, promotional partners and agencies associated with this promotion are ineligible to enter the promotion. Any person who is a photographer as their primary occupation and/or photography constitutes the major part of their professional activity (in the Promoter’s sole discretion) is also ineligible to enter the promotion.
4. To enter the promotion, eligible entrants must, during the promotional period, log on to http://www.sony.com.au/gallery, fully complete and submit in the manner required the online entry form, upload in the manner required an eligible photo taken by the entrant and be accepted as a valid entry into this promotion by the Promoter. An eligible photo is a one that depicts the world as the photographer sees it. In order to fully complete the online entry form, eligible entrants will be required to provide their full name, contact telephone number and current and valid email address. In order for an entry to be accepted as a valid entry into the promotion by the Promoter, each photograph uploaded as part of that entry must meet the following criteria: minimum image resolution - 600 pixels x 535 pixels, minimum file size - 150kb and maximum file size - 2mb. Additionally, photographs that have received any recognition in any photography competitions, including but not limited to, the receipt of a prize, an honourable mention, and/or posting of the photograph on a website or in a publication, will not constitute a valid entry and will not be accepted by the Promoter. The decision to accept or reject an entry is in the Promoter’s sole discretion and no correspondence will be entered into.
5. Promotion commences at 10:00am (AEST) on 8/2/2008 and closes at 5:00pm (AEST) on 15/3/2008. Judging will take place at 10:00am (AEST) on 20/3/2008 at Sony Australia Limited, 33-39 Talavera Road, North Ryde NSW 2113. Each entry will be judged on the basis of creative merit. Chance plays no part in determining the winners. All eligible entries received will be judged by a panel of appropriately qualified judges. All winners will be notified by telephone and/or email and their name and photograph entry will be posted on the promotional website. All reasonable steps to notify winners of the results of the judging will be taken by the Promoter. Judges' decision is final and no correspondence will be entered into.
6. Multiple entries will be accepted, but each entry must be based on a separate online entry form and must contain a different photograph entry. The Promoter accepts no responsibility for late, lost or misdirected entries. Incomplete, ineligible or incomprehensible entries will be deemed invalid. Entries must be submitted in the manner required and received by the Promoter during the relevant promotional period. Entries will be deemed to be accepted at the time of receipt and not at the time of transmission.
7. Entrants can only enter in their own name. The Promoter reserves the right to request the winners to produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the winners’ identity, age, residential address, eligibility to enter and claim a prize and any information submitted by the winners in entering the promotion, before issuing a prize. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or the winning entry has not been verified or validated to the Promoter’s satisfaction within the time requested, that winner’s entry will become invalid.
8. All prizes will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion.
9. The eligible entrant judged to have submitted the best valid entry from all eligible entries received during the promotional period will win a trip for 2 adults to Cannes, France valued at up to AU$19,000 depending on point of departure. Prize includes return economy airfares from winner's nearest capital city, 7 nights twin share accommodation, 2 tickets to the Sony World Photography Awards, AU $2,000 spending money, transfers and an α200 twin lens kit (consisting of a α200 D-SLR camera, 18-70mm and 75-300mm lenses) a 2GB CF card, α kit bag and VG-B30AM battery grip. Additional spending money, meals, taxes, insurance, passports, visas, vaccinations, transport to and from departure point, items of a personal nature, in-room charges and all other ancillary costs are not included. Prize must be taken on 19/04/2008 to coincide with the Sony World Photography Awards and is subject to booking and flight availability. The next four (4) eligible entrants judged to have submitted the next four (4) best valid entries from all eligible entries received during the promotional period will each win an α200 twin lens kit including a α200 D-SLR camera and 18-70mm and 75-300mm lenses valued at $1,399 (Recommended Retail Price including GST at start of promotion). All warranty claims in respect of the prizes must be directed towards the applicable manufacturer and not the Promoter.
10. Total maximum prize pool is valued at up to $24,596.00 (Recommended Retail Price including GST at start of promotion). Prizes must be taken as offered and cannot be varied. The Promoter accepts no responsibility for any variation in prize value. Prizes are not transferable or exchangeable and cannot be taken as cash. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought.
11. The Promoter and its associated agencies and companies shall not be liable for any loss (including, without limitation, indirect or consequential loss), damage, personal injury or death which is suffered or sustained (including but not limited to that arising from any person's negligence) in connection with using any prize, except any liability that cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). The Promoter and its agents associated with this promotion take no responsibility for prizes damaged or lost in transit.
12. If any prize or element of a prize becomes unavailable for any reason beyond the Promoter’s reasonable control then a similar prize or prize element of equal or greater value will be awarded to the winner in lieu.
13. Any entries that contain photographs that the Promoter, in its sole discretion, considers to be one or more of the following content types will not be considered eligible entries into the promotion:
1. content that depicts, alludes to or promotes offensive or illegal behaviour;
2. content that is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
3. content that harasses or advocates harassment of another person;
4. content that exploits people in a sexual or violent manner;
5. content that contains nudity, violence, or offensive subject matter or contains a link to an adult website;
6. content that solicits personal information from anyone under 18;
7. content that provides any telephone numbers, street addresses, last names, URLs or email addresses;
8. content that promotes information that entrants know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
9. content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
10. content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spamming";
11. content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12. content that solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
13. content that involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. content that includes a photograph or image of another person that you have submitted without that person's consent; or
15. content that uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to the profile.
14. By entering this promotion, each eligible entrant warrants to the Promoter:
1. That they have the rightful power and authority to submit their entry in the name stated;
2. That they own the content of their entry and have the right to assign copyright ownership and other Intellectual Property Rights in the entry to the Promoter (if required);
3. That they are not a photographer as their primary occupation and/or photography does not constitute the major part of their professional activity;
4. That their photograph entry has not received any recognition in any photography competitions, including but not limited to, the receipt of a prize, an honourable mention, and/or posting of the photograph on a website or in a publication;
5. That their entry does not violate the privacy rights, copyright, contract rights or other rights (including but not limited to Intellectual Property Rights) of any person, corporation or entity;
6. In respect of entries that include images of third parties or third party property, that they have obtained the required written consents and releases from those third parties (or third party property owners) to include them in their entry and submit that entry into this promotion before submitting their entry;
7. In respect of entries that include images of third parties, that the third party participant has been informed by the entrant and agrees in writing that their image may be used by the Promoter in any media for an unlimited period of time without remuneration or compensation to the third party participant for the purpose of promoting, publicising or marketing this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter;
8. That their entry does not contain content that is illegal, contrary to any Laws, indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, libellous, offensive or objectionable;
9. That their entry does not contain any misrepresentations or suggestion that any entity has the approval or sponsorship of any other entity which it does not have; or
10. That during the course of creating their entry, their conduct was not illegal, contrary to any Laws, indecent, obscene, threatening, discriminatory or harassing to any person; or
11. That the entrant agrees that if their entry is accepted by the Promoter, it will be available on the Promoter’s website for public viewing and that their entry may be used by the Promoter in any media for an unlimited period of time without remuneration or compensation for the purpose of promoting, publicising or marketing this promotion (including any outcome).
15. It is a condition of accepting a prize that the winner may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.
16. The Promoter reserves the right to verify the validity of entries and reserves the right to disqualify any entrant for tampering with the entry process or for submitting an entry which is not in accordance with these Conditions of Entry, or if the entrant is engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
17. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
18. The Promoter will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion if the deficiency is occasioned by any cause outside the reasonable control of the Promoter.
19. Caution: any attempt to deliberately damage the promotional website or the information on the website, to cause malicious damage or interference with the normal functioning of the website, or to otherwise undermine the legitimate operation of this promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these conditions of entry or any other legal obligation by an entrant, the entrant agrees to indemnify the promoter for those losses, damages and costs.
20. The Promoter is not responsible for any problems or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a mobile network, or any combination thereof, or any other technical failures including any damage to entrant's or any other person's mobile handset or computer related to, or resulting from, participation in this promotion or the downloading of any materials related to this promotion.
21. If for any reason this promotion is not capable of running as planned because of infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any other causes beyond the reasonable control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the promotion, subject to any applicable legislation.
22. Entrants consent to the Promoter using the entrant's name, likeness, image and/or voice in the event they are a winner of a judging (including photograph, film and/or recording of the same) in any media for an unlimited period of time without remuneration or compensation for the purpose of promoting, publicising or marketing this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter. The winners agree to participate in all reasonable promoted activities in relation to this promotion as requested by the Promoter and its agents.
23. Each entrant indemnifies, and must defend and hold harmless, the Promoter and its employees, servants, agents and contractors, from and against all Losses arising from: a breach by the entrant of any of these Conditions of entry; any third party claim arising directly or indirectly from a breach by the entrant of any of these Conditions of entry; a negligent, wilful or otherwise wrongful act or omission of the entrant; fraudulent or dishonest acts or omissions by the entrant; any breach by the entrant of any applicable Laws; any claim by any third party (including individuals, legal entities and governmental departments or agencies) arising directly or indirectly as a result of the entrant entering this promotion; the death of, or personal injury to, any person or any damage to, or loss or destruction of, any real or tangible personal property, to the extent caused by any act or omission of the entrant; and any claim or allegation that the entrant’s entry infringes a third party’s Intellectual Property Rights or constitutes an unlawful disclosure or misuse or misappropriation of another party’s trade secret or confidential information.
24. Entrants retain all right, title and interest in all Intellectual Property Rights in their photograph entry, however it is a condition of entering this promotion that each entrant non-exclusively and irrevocably licenses to the Promoter the worldwide right to use their entry (including photographs) in any media for an unlimited period of time without remuneration or compensation for any reason including but not limited to future promotional, marketing or publicity purposes. Each entrant must, upon request by the Promoter, execute all documents and perform all acts necessary to grant such a licence to the Promoter.
25. Entrants consent for the benefit of the Promoter to all or any acts or omissions that would ordinarily constitute an infringement of their Moral Rights in relation to all Intellectual Property that they may create or generate and submit to the Promoter in response to this promotion. Moral Rights has the meaning given to it in the Copyright Act 1968 (Cth), and includes: a right of attribution of authorship; a right not to have authorship falsely attributed; and a right of integrity of authorship.
26. All right, title and interest in all Intellectual Property Rights in all of the Promoter’s brands, logos, trading names and products will remain or be vested in the Promoter. Participation in this promotion by an entrant will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of the Promoter’s brands, logos, trading names and products. The Promoter, on a case by case basis and to the extent required, grants to each entrant a non-exclusive licence for the promotional period use of the Promoter’s brands, logos, trading names and products solely for the purpose, and to the extent necessary, to enable each entrant to create their entry.
27. The Promoter collects personal information about entrants to include entrants in the promotion and where appropriate award prizes. If the personal information requested is not provided, the entrant may not participate in the promotion. By participating in the promotion, each entrant also acknowledges that a further primary purpose for collection of entrants’ personal information by the Promoter is to enable the Promoter to use the information to assist the Promoter in improving goods and services and to contact entrants in the future with information on special offers or provide entrants with marketing materials via any medium including mail, telephone and commercial electronic messages. The Promoter may share information with its Australian related companies and promotional partners who may contact entrants with special offers in this way. By entering the promotion, each entrant agrees that the Promoter may use entrants’ personal information in this manner. Each entrant also agrees that the Promoter may publish or cause to be published the winner’s name, locality and photograph entry in any media. Entrants can also gain access to, update or correct any personal information by contacting the Promoter at the address below. All personal information will be stored at the office of the Promoter. A copy of the Promoter’s Privacy Policy in relation to the treatment of personal information collected may be obtained by contacting the Promoter.
28. In these Conditions of Entry: “Intellectual Property Rights” means all existing or future intellectual property rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, service marks, trade names, domain names, designs, confidential information, trade secrets and know-how and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia or otherwise. “Laws” means all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles and requirements, statutory rules of an industry body, statutory mandatory codes of conduct, writs, orders, injunctions, judgments, and Australian generally accepted accounting principles. “Losses” means loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind.
29. This promotion is governed by the laws of NSW and entrants irrevocably submit to the non-exclusive jurisdiction of the courts of NSW.
30. The Promoter is Sony Australia Limited, ABN 59 001 215 354, of 33-39 Talavera Road, North Ryde NSW 2113.

[Glen]

Good thought on posting that Craig, I actually had a look before posting as well, even though they retain the ability to use your image, paragraph 24 made me feel they at least recognise photographer's rights. Para 15 states they may ask for a legal release, the "may" strikes me as they at least are considering the rights of photographers. No displaying the image anywhere else is probably the hardest for most (excluding no pros)

[moz]

3: no professionals and 4: no-one who has ever won any sort of photo contest before should weed out a lot of people.

[Reschsmooth]

4: no-one who has ever won any sort of photo contest before should weed out a lot of people.

It actually says that the photographic entry "has not received any recognition in any photography competitions, including but not limited to, the receipt of a prize, an honourable mention, and/or posting of the photograph on a website or in a publication". Referring to the photo, not the photographer.

[Alpha_7]

Bit of a grey area if I have shown an image here, it's strictly posted on a website but in context is seems more like if POTD or something has posted your image then it's off the cards.