Terms and Conditions
These terms and conditions apply between 1x Innovations AB (hereinafter 1x) and you (the Photographer) where you agree to participate in the photo contest 1x Photo Awards 2016.
By checking the checkbox you represent that you have read and understood the terms and conditions below and that you agree to be bound be these terms and conditions.
1 Definitions
The following terms shall have the meanings assigned to them herein below.
1.1. "Agreement" means the terms and conditions below, to which you have agreed to be bound.
1.2 "Photographer" (or "you") means the individual or entity that has accepted and agreed to be bound by the terms and conditions of the Agreement in accordance with the provisions in the preamble above.
1.3 "Contest" means 1x Photo Awards 2016.
1.4 "Judge" is the judge of the Contest appointed by 1x.
1.5 "Your Photograph(s)" shall mean the photograph(s) that you enter into the Contest by uploading them on http://1x.com/awards and which are subject to the licenses granted to 1x under Section 2 below.
1.6 "1x's website" means 1x.com.
2 License grant
2.1 1x is hereby granted the right to display Your Photograph(s) on 1x's website. The photos will be displayed for a public vote on http://1x.com/awards. 1x also has the right to publish Your Photographs in its regular gallery on 1x's website. 1x will not sell Your Photograph(s) without your consent.
2.2 In addition to Section 2.1, 1x is hereby granted the right to use Your Photograph(s), in digital versions on 1x's website on other websites, for the purpose of advertising the Contest or 1x.
3. Warranties and indemnifications
3.1 Your warrant that you have sufficient rights in and to Your Photograph(s) to grant 1x the rights indicated under Section 2 above. For avoidance of any doubt, if Your Photograph(s) is a montage, you warrant that you have sufficient rights in and to all parts of Your Photograph(s) to grant 1x the rights indicated under Section 2 above.
3.2 You undertake to defend, at your own expense, 1x against any claims from third parties alleging that 1x's use of Your Photograph(s) in accordance with the Agreement constitute an infringement of any rights of a third party (hereinafter referred to as "Claims") and to indemnify and hold 1x harmless from any costs, damages, liabilities and/or expense (including reasonable legal fees) suffered or incurred by 1x due to or arising from such Claims.
3.3 You warrant that you have all the necessary model releases and that you have obtained all the necessary approvals from persons that appear in Your Photograph(s) to grant 1x the rights indicated under Section 2 above.
3.4 You warrant that you have all the necessary property releases and that you have obtained all the necessary approvals from structures and buildings that appear in Your Photograph(s) to grant 1x the rights indicated under Section 2 above.
3.5 You warrant that Your Photograph(s) do not contain any offensive, discriminatory or illegal material and/or in themselves constitute such material.
3.6 You warrant that Your Photograph(s) do not contain anything that may constitute a violation of the personal integrity and privacy of an individual.
3.7. You undertake to indemnify 1x for any and all costs, losses and/or damaged incurred by 1x due to or arising from a breach of any of the warranties under this Section 3.
4. Photographer's undertakings
4.1. You undertake to enter your name, email and country of residence correctly when uploading Your Photograph(s), if you don't have a registered 1x account. If you have a registered 1x account you undertake to make sure that your name, email and country are always correct and up to date in your "Account settings"-page at 1x's website.
4.2. You undertake to upload all Your Photograph(s) which you want to enter into the Contest in JPG format. The maximum file size of each of Your Photograph(s) is 50 MB.
4.3 The submission period for Your Photograph(s) is between September 1, 2016 and December 23, 2016. The submission period will not be extended.
4.4 You must enter a category for Your Photograph(s) if you want to compete for any other prizes than the 1st, 2nd 3rd prizes and people's choice grand prize. If you have entered the category incorrect or if you have not entered a category you are only competing for the first, second and third prizes and people's choice grand prize.
4.5 You acknowledge and agree that if you fail to fulfil any of your undertakings under this Section 4, you will not be able to participate in the Contest and that your payment to 1x will not be refunded.
5. Rules about Your Photograph(s)
5.1 You warrant that you are the Photographer of Your Photograph(s). If Your Photograph(s) is a montage you warrant that you are the only Photographer of all parts of Your Photograph(s). Using stock photo(s), creative commons material, or otherwise photographs not taken by you, in any part of Your photograph(s), is not allowed.
5.2 You warrant that Your Photograph(s) is not 3d-generated or otherwise computer generated. All parts of Your Photograph(s) must consist of original photographic source files or negatives photographed by you. Only very minor elements are allowed to be computer generated.
5.3 You warrant that Your Photograph(s) if entered into the documentary or nature categories does not contain major editing, including, but not limited to, montage, copy, paste, clone stamp or color alterations. The only allowed editing in documentary and nature categories are minor cropping, sharpening, contrast, lightness and color adjustments. Removing of dust spots and minor scratches and converting to black and white is also allowed. The Judge decides what is to be considered major editing.
5.4 You warrant that Your Photograph(s) if entered into the mobile category are taken with a built in mobile phone, smartphone or tablet camera.
5.5 You warrant that Your Photograph(s) do not include any added text, including, but not limited to, copyrights and signatures. You warrant that Your Photograph(s) do not contain added borders.
5.6 If in doubt about that all of the provisions under Section 5.1-5.4 are fulfilled, the Judge may request the original source file(s) of Your Photograph(s) or negative scan(s). If not provided Your Photograph(s) will be disqualified from the Contest and your payment(s) to 1x will not be refunded.
5.7 You acknowledge and agree that if you fail to fulfil any of your undertakings under this Section 5, Your Photograph(s) will be disqualified from the contest and your payment(s) to 1x will not be refunded.
6. Price and payment
6.1 The price for participating in the Contest is 19 EUR per photograph you enter into the Contest if you reside within the EU and 19 USD if you reside outside of the EU.
6.2. You warrant that the country you select before making the payment is the country you actually reside in.
7. Judge and winners
7.1 1x will appoint one Judge at it's sole discretion.
7.2 The Judge will appoint a first prize winner, a second prize winner and a third prize winner. The judge will also appoint a total of 12 category winners in 12 different categories. The categories are: Abstract, Architecture, Conceptual, Creative edit, Documentary, Fine Art Nude, Landscape, Macro, Nature, Portrait, Still life and Street. If you have not entered a category for any of Your Photograph(s) you will not be able to win in one of the categories, but you still compete for the first, second and third prizes. The Judge decides winners in his/her sole discretion and the decisions of the Judge can not be appealed.
7.3 A people's choice grand prize winner will be selected by 1x's staff from the top 10 highest voted photos of the Contest in a public vote. An additional 12 category people's choice category winners will also be appointed by the public vote. The categories are: Abstract, Architecture, Conceptual, Creative edit, Documentary, Fine Art Nude, Landscape, Macro, Nature, Portrait, Still life and Street. The winner in each category will be picked by 1x's staff from the top 10 highest voted photos in each category. If you have not entered a category for any of Your Photograph(s) you will not be able be a receive a people's choice category prize. The public voting period starts September 1, 2016 and ends when the Contest is closed for submissions.
7.4 The winners and category winners will be presented February 1, 2016 on 1x's website. The winners will be promoted on the front page of 1x's website.
8. Prizes
8.1 The first prize is 20.000 USD, the second prize is 1000 USD and the third prize is 500 USD. The people's choice grand prize is 1000 USD. All the winners and the 24 category winners will receive one year of Pro membership at 1x (regular price 119 USD) and 1x's photo book "MONO" including free world shipping (regular price 99 USD). The winners are responsible for paying any taxes, customs duty, transaction fees or other fees. In order to receive your prizes you must send your full name, home address and a national ID to 1x.
9. Disqualification
9.1 If any of the provisions under this Agreement are not fulfilled or any of the rules are broken the Judge may decide to disqualify Your Photograph(s). Such a decision can not be appealed and in such a case your payment(s) will not be refunded.
10. Refunds
10.1 Once payment has been made to 1x it can not be refunded, even if Your Photograph(s) is disqualified. However 1x agrees to comply with mandatory law.
11. Liability and limitation thereof
10.1 1X SHALL IN NO EVENT BE LIABLE TOWARDS YOU FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF ANY DATA, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE CONTEST.
10.2 1X'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE CONTEST, REGARDLESS OF THE FORM OF ACTION, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED SEK 1000.
12. Legal disputes
12. Any legal dispute between you and 1x shall be settled by Uppsala tingsrätt, Uppsala, Sweden, and Swedish law shall apply, disregarding the laws for conflict of law.
13. Termination
13.1 This Agreement can not be terminated by you even if you delete your account at 1x's website.
13.2 If your photo is disqualified this agreement is terminated.