Leica Women Foto Project | Award Rules
CONTEST OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Contest begins at 9:00:01 AM Eastern Time (“ET”) on July 17, 2019 and ends at 11:59:59 PM ET on August 29, 2019 (the “Contest Period”). Void outside the fifty (50) United States and the District of Columbia, and where prohibited by law. Sponsor’s computer is the official time keeping device for this Contest.
SPONSOR: This Contest is sponsored by Leica Camera Inc., 1 Pearl Ct., Unit A, Allendale, NJ 07401 (“Sponsor”).
ELIGIBILITY: The Leica Women Foto Project – The Award (the “Contest”) is open only to legal U.S. residents residing in the fifty (50) United States and the District of Columbia who are at least twenty-one (21) years of age at time of entry. Employees, officers, and directors of Sponsor or its parents, subsidiaries, affiliates, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers, web masters, (collectively, the “Contest Entities”) and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. In addition, individuals who have a formal affiliation or partnership with enterprises that compete with Sponsor and manufacture or market cameras, sport optic products, lenses, and accessories for the aforementioned products, or make such performances available to such enterprises, are not eligible to enter or win. Competitors include, without limitation, Canon, Nikon, Sony, Hasselblad, Mamiya, Fuji, Samsung, Olympus, Sigma, Panasonic, and Pentax. Sponsor reserves the right to verify the eligibility of winners. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Contest.
TO ENTER: During the Contest Period, eligible persons can enter by uploading a series of ten (10) photographs and completing the entry form (collectively, the “Submission”) to https://www.leicawomenfotoproject.com/ (the “Website”) in accordance with the “Submission Guidelines” below. The Submission must tell a single story through a woman’s perspective, on a topic relevant to the current social or political climate. Although the Contest is open to all, Sponsor openly welcomes and encourages all who identify as women to enter; Sponsor does not discriminate on the basis of race, color, religion, national origin, age, sex, gender expression, ability, or sexual orientation. Limit one (1) entry/Submission per person. Entrant must provide all required information on the Website, including without limitation first and last name and email address, to be eligible to enter. Entries must be submitted by the participant. Entrant may be asked to answer optional questions and/or register for future notices of online promotions; however, entrant need not answer these questions or agree to receive future emails in order to be eligible for entry in the Contest. Entrant will receive communications related to the contest from Sponsor via email.
Each image submitted as part of entrant’s Submission MUST:
• Be of satisfactory technical quality (i.e., resolution, web optimization, etc.) Any photograph submitted that is not of satisfactory quality may be rejected, at Sponsor’s sole discretion.
• Be created using any brand/model digital or analog camera. Ownership and/or use of a Leica camera is NOT required. Images made with a smartphone will not be accepted and, if submitted, will disqualify the entrant, at Sponsor’s sole discretion.
• Contain ten (10) images of which at least four (4) images were created in either 2018 or 2019.
• Be accompanied by a caption, camera make and model as well as image capture date.
• Be no larger than four (4) megabytes (“MB”).
• Be stored at seventy-two (72) dots per inch (“DPI”).
• Be in .jpg format.
• Be in RGB color space for view on the Web.
• Contain a maximum height of 1200 pixels (no restriction on width).
• NOT contain any watermarks or distinguishing artist marks (such as signatures).
• NOT include any website URLs, viruses, worms, corrupt files, Trojan horses, or other forms of corruptive code or content that may harm or compromise the proper administration of the Contest.
• NOT be manipulated or altered other than standard image optimizations, such as color intensity or cropping.
Any Submission that exceeds the size or time limits, or is not in one of the accepted formats, as applicable, will be disqualified, at Sponsor’s sole discretion.
Each Submission MUST be accompanied by:
• Project title
• Brief project statement (1-2 sentences), including the social or political topic it represents and how it connects to a community
• Full project description (up to 500 words)
• Project timeline
• Artist bio
• Summary of intent of use of prize money
A. MUST be in the English language.
B. MUST be the entrant’s original idea (modification of an original work is not an original idea). Submissions MUST NOT copy or otherwise plagiarize from any source.
C. MUST NOT, unless relevant to the topic of the Submission, contain material which is (or promote activities which are) in Sponsor’s sole discretion, hateful, slanderous, libelous, tortious, sexually explicit, obscene, pornographic, inappropriate, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or contain material that is threatening to any person, place, business, group or world peace; or contain words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group; or contain images, words or text portraying nudity, acts of violence, or acts that are or appear to be unlawful or dangerous or in violation of, or contrary to the laws or regulations in any state where the Submission is created in their application.
D. MUST NOT contain material that violates or infringes another’s rights, including but not limited to material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement. Without limiting the foregoing, Submissions must not include third-party trademarks, logos, insignia, location signage, photographs, artwork, or sculptures, except those of Sponsor.
E. MUST NOT include mention or performance of any copyrighted media production including but not limited to books, articles, photographs, artwork, music, etc., or identifying descriptions of any media property. Submissions must not include commercial music.
F. MUST NOT include third parties, including but not limited to minors, celebrities and friends, who have not expressly authorized entrant to display their image or likeness in any submitted application or otherwise use such images or likenesses in accordance with these Official Rules. Entrant must be prepared to provide signed third party authorizations upon request.
G. MUST NOT contain commercial messaging or corporate advertising.
H. MUST NOT violate or encourage others to violate any applicable laws, statutes, ordinances, or regulations.
By entering, each entrant warrants and represents that his or her entry is original, has not been previously published or won any award, does not contain any material that would defame or otherwise violate or infringe upon the rights of any third party, including patents, copyrights, trademarks or rights of privacy or publicity, and will not violate any federal, state or local laws or ordinances. Entrants further warrant and represent that they have secured the requisite consent from any third party referenced in their entries. Sponsor reserves the right in its sole and unfettered discretion to disqualify any entry that it believes contains obscene, offensive or inappropriate content, that does not comply with these Official Rules or that is not consistent with the spirit or theme of the Contest.
Any attempt by any entrant to obtain more than the permitted number of entries by using multiple and/or different identities, forms, registrations, addresses or any other method will void all of that entrant’s entries and that entrant may be disqualified at Sponsor’s discretion. Multiple entrants are not permitted to share the same email address. Normal Internet, phone and usage charges imposed by your online or phone service may apply. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user’s computer equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant or participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win.
SELECTION OF WINNER: All Submissions will be reviewed by a panel of jurors selected at Sponsor’s sole discretion (collectively, the “Panel”). The Panel will be comprised of one (1) head judge (as appointed by Sponsor in its sole discretion) (the “Head Judge”) and four (4) additional judges, all renowned in the field of photography, and will include fine-art gallery curators and managers, celebrated educators and award-winning photographers.
Each member of the Panel will individually score each Submission using the following criteria:
• Category 1 (thirty-three (33) per cent): Quality of Photography (Composition, creativity, visual language, consistency of project, power of series, etc.)
• Category 2 (thirty-three (33) per cent): Dedication to the Medium of Photography (Artistic integrity, direct commitment to photographic community, photographic career accomplishments to date, vision of future achievement)
• Category 3 (thirty-three (33) per cent): Sophistication of project (Quality of written description, level of relevance, impact on social and/or political climate from a female perspective, level of previous engagement with community affected, quality and relevance of planned usage of prize money)
The three (3) entrants with the highest total scores (i.e., the sum of all five (5) scores from each Panel member) will be declared the potential winners of the Contest. In the event of a tied score resulting in more than three (3) potential winners, the entrant with the highest Head Judge’s score will be deemed the potential winner.
The potential winners will be announced via email and/or telephone on or about October 16, 2019. Winning a prize is contingent upon fulfilling all requirements set forth herein. If a potential winner does not respond within 72 hours after the first attempt to notify him or her that he or she has been selected to receive a prize, that potential winner will be deemed to have forfeited the prize and the finalist with the next highest score will be selected as an alternate potential winner in his or her place. If no potential winner claims the prize, Sponsor will select the eligible entry that received the next highest score(s) as the alternate potential winner(s). Any alternate potential winner will also have 72 hours to claim the prize, and must satisfy all eligibility requirements.
Except where legally prohibited, each potential winner will be required to complete and return, within ten (10) days of being notified, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his or her prize. If after the first attempt to contact him or her, or if he or she fails to sign and return the Affidavit of Eligibility, Liability & Publicity Release within the required time period, or in the event that a potential winner is disqualified for any reason, the potential winner will be deemed to have forfeited the prize, and the entrant with the next highest score will be selected as an alternate potential winner. Noncompliance with the foregoing, failure to abide by these Official Rules, or return of the prize notification as non-deliverable may result in disqualification and naming of an alternate potential winner. Only three (3) alternate winner selections will be made, after which any remaining prizes will remain un-awarded.
POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
PRIZE: Three (3) winners will each receive a cash prize of ten thousand dollars ($10,000.00 USD) payable via check, as well as a one (1)-year loan (“Prize Period”) of a Leica Q2 camera (or equivalent model at Sponsor’s sole discretion) (the “Loaner”). At the end of the Prize Period, each winner will receive a replacement camera of equal value (as determined by Sponsor in its sole discretion). Approximate Retail Value (“ARV”) of each prize: $14,995.00 USD. Total ARV of all prizes: $44,985.00 USD.
During the Prize Period, winners may be given the opportunity to participate in various promotional activities that are sponsored by, administered by, or associated with, Sponsor (e.g., digital promotions, gallery exhibitions, panel discussions, artist talks, etc.). For the avoidance of doubt, winners are not obligated to participate in such activities.
PRIZE RESTRICTIONS: Limit one (1) prize per person, per household. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein are the responsibility solely of winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Sponsor will not replace any lost or stolen prizes or components of a prize(s). Prize cannot be used in conjunction with any other promotion or offer. Only the number of prizes stated in these Official Rules is available to be won in the Contest. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available. Winners take financial responsibility for any loss or damage to the Loaner outside reasonable use. Entrants acknowledge and agree that the Loaner remains the property of Sponsor at all times.
EXCLUSIVITY: During the Prize Period, winners may not enter into a formal affiliation or partnership with enterprises that compete with Sponsor and manufacture or market cameras, sport optic products, lenses, and accessories for the aforementioned products, or make such performances available to such enterprises. Competitors include, without limitation, Canon, Nikon, Sony, Hasselblad, Mamiya, Fuji, Samsung, Olympus, Sigma, Panasonic and Pentax. The scope of this exclusivity provision includes, but is not limited to, restraint from participation in events solely sponsored by competing camera manufacturers and brands, assuming the role of official brand ambassador, and posting social media content highlighting competing brands and products. If a winner is found to have violated this exclusivity provision, his or her prize must be returned in full to Sponsor within thirty (30) days of written, electronic or telephonic notice from Sponsor.
GENERAL CONDITIONS: This Contest is governed by the laws of the United States. Void where prohibited by law and outside the United States. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Neither Sponsor nor anyone acting on its behalf will enter into any communications with any entrant regarding this Contest, except as expressly set forth in these Official Rules. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the Website, and/or the legitimate operation of the Contest; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. Sponsor and its agents are not responsible for (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus or bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor, which corrupt or affect the operation, administration, security, fairness, integrity or proper conduct of this Contest, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Contest or suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the prize from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the winner selection criteria described above.
PUBLICITY; LIMITATIONS OF LIABILITY AND RELEASES: BY PARTICIPATING IN THIS CONTEST, ENTRANT AGREES THAT SPONSOR AND ITS PARENT COMPANY, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY OR PARTICIPATION IN THIS CONTEST OR IN ANY CONTEST RELATED ACTIVITY, GOOD FAITH ERROR, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, DAMAGE TO REPUTATION, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THIS CONTEST, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.
EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE CONTEST CONSTITUTES WINNER’S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR) AND THE RELEASED PARTIES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLD WIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE WINNER’S ENTRY, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR PURPOSES OF CONDUCTING AND PROMOTING THE LEICA WOMEN FOTO PROJECT (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
INTELLECTUAL PROPERTY; OWNERSHIP AND LICENSE: ENTRANT RETAINS ALL OWNERSHIP RIGHTS AS HE OR SHE MAY HAVE IN THE SUBMISSION (INCLUDING WITHOUT LIMITATION IN THE PHOTOGRAPHS, PROJECT TITLE, PROJECT STATEMENT, PROJECT DESCRIPTION, PROJECT TIMELINE, ARTIST BIO, AND PLANNED USE OF PRIZE MONEY), SUBJECT ONLY TO THE RIGHTS AND LICENSES GRANTED BY ENTRANT TO SPONSOR AS SET FORTH IN THIS PARAGRAPH. ENTRANT, IF ENTRANT SUBMITS ONE OF THE THREE (3) WINNING SUBMISSIONS IN THE CONTEST (SEE “SELECTION OF WINNER”), HEREBY GRANTS TO SPONSOR A WORLDWIDE, PERPETUAL, IRREVOCABLE, FULLY PAID-UP, NON-EXCLUSIVE RIGHT AND LICENSE TO USE THE SUBMISSION AND ANY PART OF IT TO CONDUCT AND PROMOTE THE LEICA WOMEN FOTO PROJECT. THIS LICENSE GRANT INCLUDES WITHOUT LIMITATION THE RIGHTS TO REPRODUCE, DISTRIBUTE AND PUBLICLY DISPLAY THE SUBMISSION OR ANY PART OF IT TO CONDUCT AND PROMOTE THE LEICA WOMEN FOTO PROJECT IN ANY AND ALL MEDIA NOW KNOWN OR HEREAFTER DEVELOPED. THIS LICENSE GRANT INCLUDES THE RIGHT TO MODIFY THE SUBMISSION OR ANY PART OF IT TO CONDUCT AND PROMOTE THE LEICA WOMEN FOTO PROJECT; SPONSOR AGREES NOT TO MAKE SUBSTANTIAL ALTERATIONS OR MODIFICATIONS TO THE IMAGES SUBMITTED BY ENTRANT. THIS LICENSE GRANT ALSO INCLUDES THE RIGHT TO USE ANY PUBLICITY AND/OR PRIVACY RIGHTS ENTRANT MAY HAVE IN THE SUBMISSION OR ANY PART OF IT TO CONDUCT AND PROMOTE THE LEICA WOMEN FOTO PROJECT. FOR THE AVOIDANCE OF DOUBT, SPONSOR IS UNDER NO OBLIGATION TO SEEK PERMISSION OR APPROVAL OR TO GIVE NOTICE IN CONNECTION WITH THE EXERCISE OF ANY OF THE FOREGOING RIGHTS AND LICENSES. HOWEVER, SPONSOR WILL UNDERTAKE TO CONSULT WITH ENTRANT REGARDING THE SELECTION OF IMAGES USED TO PROMOTE AND REPRESENT THE SUBMISSION. FOR THE FURTHER AVOIDANCE OF DOUBT, SPONSOR WILL NOT SELL RIGHTS IN ANY SUBMISSION TO A THIRD PARTY AND WILL NOT USE ANY SUBMISSION IN ITS OWN GENERAL SALES AND MARKETING MATERIALS. SUBMISSIONS ARE NOT CONFIDENTIAL AND DO NOT CONTAIN CONFIDENTIAL INFORMATION OF ANY PARTY, INCLUDING THE ENTRANT. SPONSOR AGREES TO INCLUDE A CREDIT TO ENTRANT WHEN USING PHOTOGRAPHS INCLUDED IN THE SUBMISSION, BUT SPONSOR’S FAILURE TO DO SO IN ANY INSTANCE WILL NOT CONSTITUTE A BREACH OF THE CONTEST RULES OR ANY AGREEMENT OR OBLIGATION BETWEEN SPONSOR AND ENTRANT. ENTRANT AGREES TO EXECUTE ANY DOCUMENTS SPONSOR REQUESTS IN ORDER TO EVIDENCE, CONFIRM, OR OTHERWISE PERFECT THE RIGHTS AND LICENSES GRANTED HEREIN.
ENTRANT HEREBY AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SPONSOR AND ITS AFFILIATES, AS WELL AS THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSEES, AND ASSIGNS, FROM AND AGAINST ANY CLAIM THAT ENTRANT HAS NOT GRANTED OR IS INCAPABLE OF GRANTING ANY OF THE FOREGOING RIGHTS AND LICENSES. THIS DUTY TO HOLD HARMLESS INCLUDES PAYMENT OF SPONSOR’S COSTS OF DEFENSE, SUCH AS ATTORNEYS’ FEES, EXPERT WITNESS FEES, AND ALL OTHER ASSOCIATED LEGAL COSTS.
ENTRANTS, POTENTIAL WINNERS AND WINNERS MAY NOT USE THE TRADE NAME, TRADEMARKS, LOGOS, AND OTHER INDICIA OF SPONSOR, INCLUDING, BUT NOT LIMITED TO, THE NAME, LOGO, AND OTHER INDICIA OF THE LEICA BRAND OR LEICA’S PRODUCTS (COLLECTIVELY, THE “LEICA MARKS”), WITHOUT OBTAINING PRIOR WRITTEN PERMISSION FROM SPONSOR TO USE THE LEICA MARKS. UPON WRITTEN NOTICE BY SPONSOR, ENTRANTS, POTENTIAL WINNERS AND WINNERS (AS THE CASE MAY BE) AGREE TO DISCONTINUE MAKING USE OF THE LEICA MARKS IN ANY MANNER. EXCEPT IN THE CASE OF WRITTEN PERMISSION AS SET FORTH ABOVE, NO LICENSE OR OTHER RIGHT OF ANY KIND TO THE LEICA MARKS OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS OF SPONSOR IS GRANTED TO ENTRANTS, POTENTIAL WINNERS AND WINNERS, ALL OF WHICH RIGHTS SHALL REMAIN THE SOLE AND EXCLUSIVE PROPERTY OF SPONSOR. ENTRANTS, POTENTIAL WINNERS AND WINNERS ACKNOWLEDGE AND AGREE THAT ALL BENEFITS AND GOODWILL ASSOCIATED WITH ANY USES OF THE LEICA MARKS SHALL INURE TO THE BENEFIT OF SPONSOR.
LIMITATIONS/EXCLUSIONS: WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, INCLUDING EACH WEBSITE ASSOCIATED WITH THIS CONTEST AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant understands and acknowledges that Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Sponsor’s actual or alleged use of any Submission or other Materials submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other use of the Submission or any Materials based on or allegedly based on the Submission, and the entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of New Jersey or the appropriate State Court located in New Jersey; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of New Jersey.
WINNERS LIST: For a list of winners available after October 16, 2019, visit www.leicawomenfotoproject.com.
Copyright ©2019 Leica Camera Inc. Leica® and other logos or trademarks listed herein are trademarks of Leica Camera Inc. and/or other companies in the United States and other countries. All rights reserved.