Terms and Conditions
TERMS AND CONDITIONS
1. INTRODUCTION
1.1 These terms and conditions ("Terms") relate to the World Record breaking attempt ("Attempt") and the competitions - Photo of the Month Awards ("Photo of the Month Awards") and Places Prize Fund ("Places Prize Fund") - advertised on this website ("Competitions").
1.2 The Attempt and Competitions are organised by Beentheredonethatgotthephoto Ltd (Company Number 05847937) whose registered office is at 21 The Old Yarn Mills, Westbury, Sherborne, Dorset, DT9 3RQ trading as Million Places on Earth ("MPOE"). MPOE can be contacted by filling in the form under Contact Us.
1.3 The Attempt and Competitions can be entered by you ("You") from the website with the URL http://www.millionplacesonearth.com/("Website").
1.4 In the event of any dispute regarding these Terms, the decision of MPOE shall be final and no correspondence or discussion shall be entered into.
1.5 By entering into this Attempt and Competitions, you agree to be bound by these Terms.
1.6 MPOE reserves the right to disqualify You from the Competitions, if it has reasonable grounds to believe that You have breached any of these Terms or any of the promises made thereunder.
2. COMPETITION ENTRY
2.1 By making a single entry to the Competitions, You shall have the right to submit to MPOE through the Website, a single photograph, which must meet the eligibility criteria detailed below ("Entry").
2.2 It is your responsibility to check that your Entry has been successfully received by MPOE and uploaded to the Website. If You feel that your Entry has not been uploaded to the Website, please email MPOE who will assist You.
2.3 Multiple Entries are permitted.
2.4 By entering the Competitions, You hereby warrant that: (a) all information submitted by You is true, current and complete; (b) You are the sole author of the photograph; (c) the photograph has not been previously commercially published anywhere in the world or in any medium; and (d) You are of sufficient age and mental capacity and are entitled to be legally bound in contract, or if You are a minor, your parents have consented to your entry of the Competitions.
3. COST OF ENTRY
3.1 Entry into the Attempt is free
3.2 Entry into the Photo of the Month Awards is free.
3.3 For the Places Prize Fund, each Entry costs 1 (one) credit.
3.4 Credits can be purchased through the Website in multiples of 1, 10, 20, 50 or 100.
3.5 Credits can be purchased using a credit or debit card or through a Paypal account.
3.6 The 1000 (one thousand) free credits allocated to You at time of registration shall not be used for Entry into the Places Prize Fund.
3.7 Credits which have not been used in any 6 (six) month period shall be carried forward into the next 6 (six) month period.
3.8 There will be no refund for unused credits.
4. ELIGIBILITY CRITERIA
4.1 The photograph shall be of a recognizable and identifiable place on earth.
4.2 The photograph shall have been taken by an amateur photographer.
4.3 The photograph shall not have been: (a) taken by a professional photographer, the definition of which is someone that earns more than 10% of his income from photography; (b) very obviously and visibly manipulated or digitally enhanced in anyway whatsoever, except for cropping and minor digital adjustments; and (c) won any prizes or awards in any previous competitions of whatever form or format or been published commercially elsewhere.
4.4 The photograph shall be: (a) no bigger than 2 Megabytes in size; and (b) in jpeg format.
5. REMOVAL OF ENTRY
5.1 MPOE reserves the right to remove any photograph without any obligation to provide a refund, if it reasonably believes that any photograph submitted violates the copyright of any third party or is otherwise in breach of any of these Terms.
6. CLOSING DATE
6.1 The Competitions shall remain open for an initial period of 3 years until 16 January 2010 (the "Closing Date") or until a million unique places on Earth have been found, whichever is the earlier.
6.2 Based on the number and uniqueness of Entries received, MPOE reserves the right to re-open the Competition for a further 2 years and extend the Closing Date accordingly to 16 January 2012.
6.3 The Closing Date for the first Places Prize Fund is 16 January 2008.
7. COMPETITION VOTING
7.1 The winners of the Photo of the Month Awards shall be determined by members of the general public voting for their favourite Entry utilising the on-line voting system, accessible from the Website.
7.2 Voting for the Photo of the Month Awards shall begin on the date that the first Entry is accepted by MPOE.
7.3 Voting for the Photo of the Month Awards shall close fifteen (15) days after the Competitions have closed.
7.4 Each voter shall have the right to cast an unlimited number of votes, save that they shall be restricted to casting a single (one) vote per Entry.
7.5 Votes shall count toward the Photo of the Month Awards only and not towards judgement of Entries in the Places Prize Fund.
8. PHOTO OF THE MONTH AWARDS
8.1 Each month, the Entry that has received the highest number of votes in that month shall receive the accolade of "Photo of the Month".
8.2 If there is a draw for the number of votes cast for an Entry, the drawing entries shall be referred to an independent judge, who shall decide the winner based on artistic merit.
8.3 Each Photo of the Month shall win a prize to be determined by MPOE from time to time.
9. PLACES PRIZE FUND
9.1 The Places Prize Fund will take place every 6 (six) months.
9.2 All photographs submitted during each 6 (six) month period using a purchased credit shall be eligible for Entry into the Places Prize Fund.
9.3 All Entries in the Places Prize Fund shall be judged on eligibility criteria (uniqueness, identifiability, recognizability) and merit (quality, clarity, technique, etc. of photo).
9.4 If You have uploaded more photographs than the number of purchased credits, You may select the Entries for the Places Prize Fund from Your submitted photographs.
9.5 The prize fund shall be based on the number of Entries submitted to the Places Prize Fund within each 6 (six) month period, with half the fund less 10% for fees being paid to the winner and the remainder less 10% going to a nominated charity.
10. JUDGES
10.1 MPOE reserves the right to select and appoint independent judges at its sole discretion, who will decide the winning Entries for the Competitions.
10.2 In all matters, the decision of the judge(s) and MPOE shall be final and no correspondence or discussion shall be entered into.
11. PRIZES
11.1 Prize winners will be notified by e-mail within seven (7) days. Return of any prize notification as undeliverable or failure to reply may result in disqualification and selection of an alternate winner.
11.2 Prize winners names may be published on the Website.
11.3 Prizes are non-transferable. In relation to non-cash prizes, there is no cash alternative and MPOE reserves the right to substitute prizes of equal or greater value at any time.
11.4 No prizes will be awarded as a result of improper actions by or on behalf of any entrant.
11.5 Prize winners may be requested to take part in promotional activity and MPOE reserves the right to use the names and addresses of winners, their photographs and audio and/or visual recordings of them in any publicity.
11.6 All taxes, insurances, transfers, spending money and other expenses (including meals or personal expenses upgrades etc.) as the case may be, unless specifically stated, are the sole responsibility of the prize winner.
11.7 MPOE reserves the right not to pay any prize if: (a) the winning Entry has been submitted in breach of any of these Terms; or (b) MPOE reasonably suspects that the Competitions Voting has been carried out fraudulently.
12. LICENCE
12.1 The copyright of an Entry submitted by You remains with You. All photographs uploaded to the Website shall be protected by the MPOE watermark.
12.2 In consideration of MPOE agreeing to accept your Entry, You hereby grant to MPOE a non-exclusive, irrevocable, perpetual, worldwide, sub-licensable, assignable, royalty-free right and license to use, store, display, publish, transmit, transfer, distribute, reproduce, create derivative works from or incorporate in other works in any form, media or technology now known or later developed, any photograph submitted by You, which forms part of the Entry, solely in the context of the Attempt, the Competitions and this Website.
12.3 In consideration of MPOE paying a reasonable fee (which will be agreed with You in advance and in good faith), You agree to allow MPOE to reproduce any Entry for any purpose unrelated to the Attempt or the Competitions.
12.4 Where an image is reproduced by MPOE, the photographer will be credited.
12.5 If You select to sell your photographs through the Website in the future, MPOE shall pay You a royalty fee of between 70% and 80% of the value of the photograph.
13. INDEMNITY
13.1 You hereby agree to indemnify and keep MPOE indemnified against all costs, damages, claims, losses and expenses (including direct, indirect and consequential losses) howsoever arising, from any claim brought against MPOE by any third party relating to: (a) any photograph submitted by You; or (b) any breach by You of these Terms or any of the promises made thereunder.
14. LIABILITY
14.1 MPOE's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with this Attempt or these Competitions, shall be limited to the amount of your Entry fee.
14.2 MPOE shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses.
14.3 Nothing in these Terms excludes or limits the liability of MPOE for: (a) death or personal injury caused by MPOE negligence; (b) any matter which it would be illegal for MPOE to exclude or attempt to exclude its liability; or (c) fraud or fraudulent misrepresentation.
14.4 For the avoidance of doubt, MPOE shall not be liable for any failure by You to properly submit an Entry. If You feel that your Entry has not been properly submitted to the Website, it is your responsibility to contact MPOE, who will use their reasonable endeavours to rectify any problems.
15. AMENDMENT OF TERMS
15.1 MPOE reserves the right to amend and edit these Terms from time to time, and without your prior consent.
15.2 It is your responsibility to revisit this page from time to time to re-read this notice. Any revised Terms shall take effect as at the date of their posting.
16. JURISDICTION
16.1 The Attempt, the Competitions and these Terms will be governed by English law and each entrant submits themselves to the exclusive jurisdiction of the English courts.