Terms and Conditions

1. INTRODUCTION

1.1  These terms and conditions ("Terms") relate to the World Record breaking attempt ("Attempt") advertised on this website.

1.2  The Attempt is 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 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, You agree to be bound by these Terms.

1.6  MPOE reserves the right to revoke your access, if it has reasonable grounds to believe that You have breached any of these Terms or any of the promises made thereunder.

2. ENTRY

2.1  By registering on this Website, 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  Entry into the Attempt is free.

2.3  Multiple Entries are permitted.

2.4  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 contact MPOE who will assist You.

2.5  By submitting an Entry, 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 into the Attempt.

3. ELIGIBILITY CRITERIA

3.1  The photograph shall be of a recognizable and identifiable place on earth.

3.2  The photograph shall not have been: (a) very obviously and visibly manipulated or digitally enhanced in anyway whatsoever, except for cropping and minor digital adjustments; and (b) won any prizes or awards in any previous competitions of whatever form or format or been published commercially elsewhere.

3.3  The photograph shall be: (a) no bigger than 2 Megabytes in size; and (b) in jpeg format.

4. REMOVAL OF ENTRY

4.1  MPOE reserves the right to remove any photograph without any obligation to You, 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.

5. VOTING

5.1  Members of the general public can vote for their favourite Entry utilising the on-line voting system, accessible from the Website.

5.2  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.

6. PREVIOUS PRIZE WINNERS

6.1  Prize winners names may be published on the Website.

6.2  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.

6.3  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.

7. LICENCE

7.1  The copyright of an Entry submitted by You remains with You. All photographs uploaded to the Website shall be protected by the MPOE watermark.

7.2  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 and this Website.

7.3  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.

7.4  Where an image is reproduced by MPOE, the photographer will be credited.

7.5  If You select to sell your photographs through the Website, MPOE shall pay You a royalty fee of between 70% and 80% of the value of the photograph.

8. INDEMNITY

8.1  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.

9. LIABILITY

9.1  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.

9.2  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.

9.3  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.

9.4  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.

10. AMENDMENT OF TERMS

10.1  MPOE reserves the right to amend and edit these Terms from time to time, and without your prior consent.

10.2  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.

11. JURISDICTION

11.1  The Attempt and these Terms will be governed by English law and each entrant submits themselves to the exclusive jurisdiction of the English courts.

 

Last updated: 19 May 2009