TERMS AND CONDITIONS OF THE "THE ASSIGNMENT" COMPETITION
1.
Definitions
CANON EUROPA NV, a limited liability company established under the laws of The Netherlands, having its registered address at Bovenkerkerweg 59-61, 1185 XB, Amstelveen, The Netherlands (“Canon”) organizes an on-line competition on this website.
Assignment
The Category Winners will be taken on a photographic assignment with a leading photographer during the second half of 2008.
Category
One of the four categories of the Competition, namely Sport, Macro, Landscape and Portrait.
Competition
The Competition’s purpose is to select a limited number of User’s from all the Entries in the Countries that will become Finalists and may join the Assignment.
Countries
The following 18 (eighteen) countries: Andorra/Spain, Austria, Belgium/Luxembourg, Czech Republic, Denmark, Finland, France, Germany, Hungary, San Marino/Italy, Netherlands, Norway, Poland, Portugal, Sweden, Switzerland, United Kingdom/Ireland and Slovakia.
Entry
Performing a Registration and uploading a Photograph in a Category.
Photograph
The Photograph uploaded by a User to the Website.
Registered user
Any person registering on the Website (including but not limited to Users and Voters).
Registration
Completing the registration form on the Website.
Terms and Conditions
These terms and conditions on the Competition.
User(s)
Any person who has performed an Entry for the Competition and who must reside in one of the Countries.
Voter(s)
Any person who has performed a Registration in order to vote for a Photograph.
Website
1.
Participating in the Competition
1.1
Each User must be aged 18 or over at the time of Registration and must not be a professional photographer.
1.2
By performing the Registration or the Entry, each Registered user expressly agrees to be bound by these Terms and conditions.
1.3
In order to be eligible to take part in the Assignment, each User must be able to fly and have a passport and all necessary documents available. Canon accepts no liability where a User is unable to fly because of circumstances beyond Canon’s reasonable control, including but not limited failure to meet the requirements in the Terms and Conditions.
1.4
Each User may submit only one Entry for one of the Categories and only in the country of his/her residence. Canon will perform a check of all Registrations and Entries to ensure this and will disqualify any Registration or Entry in contravention with the above. Canon furthermore reserves the right to disqualify any incomplete or illegible Entries, or Entries sent after the closing date specified below.
1.5
Each User may only upload a Photograph in JPG format. Any User submitting a Photograph displaying an URL, email address or similar identifiable information will be disqualified.
1.6
Each User must select which Category to compete in.
1.7
Each User will be given the choice of competing nationally (only eligible to win Canon equipment) or internationally (also eligible to be selected to participate in the Assignment). This choice is binding and any User who selects to compete nationally and wins cannot be selected to participate in the Assignment. Instead, the advancement will be awarded the User selected by the Jury within that Country and Category.
1.8
Persons affiliated with Canon, including but not limited to Canon staff and their family members and employees of companies providing marketing, PR or communication services to Canon, are not permitted to enter the Competition. Any Entry submitted by such Users will be disqualified.
1.9
No purchase or entry fee is required to participate in the Competition.
1.10
Canon reserves the right to disqualify and deregister any User from the Competition at anytime and/or remove any Entry or comment that may reasonably be construed as: (i) defamatory, libellous, obscene, offensive, abusive, liable to incite racial hatred, discriminatory or blasphemous; (ii) in breach of any obligation of confidence or privacy or any trade secret; (iii) infringing the proprietary rights, intellectual property rights and/or image rights of any third party or for which User have not obtained all necessary licenses and/or approvals; (iv) violating any other law (v) having been fraudulently submitted or the subject of an wrongful act; (vi) being otherwise inappropriate.
1.11
Canon reserves the right to disqualify and deregister from the Competition at anytime any User which Canon reasonably believes performs/has performed or encourages /has encouraged any fraudulent act or any act deemed abusive or in breach of these Terms and Conditions.
1.12
Canon and its affiliates further reserve the right to, where they so deem necessary, follow-up and investigate any Registration or Entry submitted in order to make sure that all necessary rights (including but not limited intellectual property and image rights) are obtained. In the event that Canon or any of its affiliates decide to investigate a Registration or Entry as mentioned above, the relevant User shall provide all relevant information to Canon and/or its affiliates and make its best endeavours to cooperate with Canon.
2.
The Competition
2.1
Pre-registration period
2.1.1
The period for pre-registration starts on 18 February 2008 at 00:01 CET and closes on 17 March 2008 at 00:01 CET. After pre-registration the Registered user will receive a notification e-mail when the upload period starts.
2.2
Upload period
2.2.1
Unless pre-registered, users will have to register to be able to submit their Entry.
2.2.2
The upload period starts 17 March 2008 at 00:01 CET and closes 1 May 2008 at 00:01 CET. Any Entry submitted after this moment in time will be disqualified. Registered users will gain access to 4 (four) online photography tutorials from the start of the upload period.
2.3
The voting period
2.3.1
The voting period starts 5 May 2008 at 00:01 CET and closes on 19 May 2008 at 00:01 CET.
2.3.2
During this period all Users and Voters shall have the opportunity to cast their vote via the Website on the Photographs, subject to the following conditions:
- Each User and Voter can only cast one vote per Photograph. However, each User and Voter can cast their vote on any number of Photographs; and
- User shall be able to vote for his/her own Photograph.
2.3.3
The 10 (ten) Photographs per Category and Country with the highest number of votes rightfully casted on them will qualify for the Jury’s selection period (the “Voted Photographs”).
2.4
The selection period
2.4.1
The Jury’s selection period starts 19 May 2008 at 00:01 CET and closes on 25 May 2008 at 00:01 CET.
2.4.2
The Jury consists of three experts within the field of Photography (the “Jury”). Out of the Voted Photographs the Jury will select the Semi-finalists by selecting the best Photograph per Category and Country (the “Semi-finalist(s)”) based on the following non-exhaustive list of criteria:
- An original eye
- Thoughtful composition
- A story-telling element
- Clean, sharp exposure
- Something unusual, unique (not clichéd)
- A strong, simple image
- An emotional connection
- A caught moment that reveals something special
2.4.3
If any User among the Semi-finalists has selected to only compete nationally, then he/she will win the Prize as indicated in clause 3.1.1 but will be removed from the Semi-finalists eligible for continuance in the Competition. Instead the Jury will select the second best Photograph in that Category for that Country. Any such selected User will however not be awarded the prize indicated in clause 3.1.1.
2.4.4
Out of the Semi-finalists the Jury will select the Finalists by selecting the 2 (two) best Photographs per Category (the “Finalist(s)”) based on the following non-exhaustive list of criteria:
- An original eye
- Thoughtful composition
- A story-telling element
- Clean, sharp exposure
- Something unusual, unique (not clichéd)
- A strong, simple image
- An emotional connection
- A caught moment that reveals something special
The Finalists will participate in the Final (the “Final”).
2.5
The Final
2.5.1
The Final takes place between 20 June 2008 and 25 June 2008 and will take place in Vienna, Austria (the “Location”). The Finalists across Europe will be flown to a meeting location in Amsterdam, the Netherlands and then flown to the Location.
2.5.2
In the Final, the Finalists will compete against the other Finalist within the same Category.
2.5.3
Out of the Finalists a professional photographer will select the Category Winners by selecting the best Finalist per Category (the “Category Winners”) based on their performance during the Final and on the following non-exhaustive list of criteria:
- An original eye
- Thoughtful composition
- A story-telling element
- Clean, sharp exposure
- Something unusual, unique (not clichéd)
- A strong, simple image
- An emotional connection
- A caught moment that reveals something special
The Category Winners will go on the Assignment.
2.6
The Jury’s and the professional photographer’s decisions
2.6.1
The Jury’s and the professional photographer’s decision will in all instances be final and no correspondence will be entered into.
2.7
The Assignment
2.7.1
The Category Winners will be taken on a photographic assignment with a leading photographer during the second half of 2008, as to be further decided between Canon and each Category Winner.
3.
The Prizes and claiming of Prizes
3.1
Prizes
3.1.1
Each Semi-finalist will have the opportunity to choose one of the following packages:
- EOS 40D + EF-S 17-55mm f/2.8 IS USM Kit - approximate price: 2100euro
- EOS 40D + EF-S 17-85mm f/4-5.6 IS USM + EF 70-300mm f/4-5.6 IS USM Kit - approximate price: 2200euro
- EF-S 10-22mm f/3.5-4.5 USM + EF 24-105mm f/4L IS USM Lens kit - approximate price: 2200euro
- EF 17-40mm f/4L USM + EF 70-200mm f/4L IS USM Lens kit - approximate price: 2200euro
- EF 50mm f/1.2L USM + EF 100mm f/2.8 Macro USM Lens kit - approximate price: 2200euro
- EF 70-200mm f/2.8L IS USM Lens only - approximate price: 2200euro
- EF-S 10-22mm f/3.5-4.5 USM + EF-S 17-85mm f/4-5.6 IS USM + 580EX II Lens & Accessory kits - approximate price: 2100euro
3.1.2
The packages indicated above are subject to availability. If Canon would be unable to provide the Semi-finalist with his/her choice of package, an alternative package of equal or greater value will be provided.
3.1.3
Each Finalist will receive return flights (departure from one of the Countries) to the Location, transfers, services of a translator (if needed), tickets to a qualifying match in the UEFA EURO 2008™ football championship, accommodation, meals, insurance and photography coaching from a professional photographer. All costs not mentioned herein are the responsibility of the Finalist.
3.1.4
The Category Winners will win the Assignment. The Category Winners participating in the Assignment will be bound by additional terms and conditions relating to that prize.
3.1.5
The Prizes are not transferable and no cash alternative is available.
3.1.6
The payment of any taxes applicable to the Prizes or any gift given during the Competition will be exclusively the responsibility of any winner of any Prize (jointly referred to as the “Winners”) or the receiver of such gift. Any other cost not specified above will also be the responsibility of the Winner.
3.2
Claiming the Prize for Semi-finalists and Finalists
3.2.1
The Semi-finalists and Finalists will be contacted by Canon by e-mail and telephone on 26th May 2008.
3.2.2
The Semi-finalists and Finalists must accept the Prize within 5 (five) working days from the date of notification, by sending an e-mail with his/her acceptance and confirming that he/she holds all the image rights to the winning Photograph at the Canon e-mail address indicated in the notification e-mail sent by Canon. Upon acceptance of the Prize, any applicable Prize will be sent to the winner within 14 (fourteen) working days as from the date of acceptance.
3.2.3
If a winner fails to accept the Prize or certify that he/she holds all the image rights in the Photograph by 2nd June 2008 12:00 CET, the Prize is deemed forfeited by the winner and the Prize will be granted to the next Photograph selected by the Jury.
3.2.4
In the event that a Prize is unavailable, Canon reserves the right to offer alternative Prizes of equal or greater value.
3.3
Claiming the Prize for Category Winners
3.3.1
The Category Winners will be announced during the Final.
3.3.2
The Category Winners must indicate whether he/she accepts the Prize upon announcement at the Location.
3.3.3
If a Category Winner declines the Prize it will be deemed forfeited by the winner and the Prize will be awarded to the 2nd Finalist in that category.
4
Intellectual Property Rights
4.1
Licenses
4.1.1
All Users expressly agree that by entering into the Competition (whether national Competition or the Assignment), he/she automatically grants to Canon the non-exclusive, free of charge and royalty-free right to sub-license to members of the Canon Group in Europe Middle East and Africa, use, reproduce and/or display in any format and support any Photograph that he/she uploads on this Website or, if relevant, that he/she takes during the Assignment, for the purpose of supporting and promoting internally and externally on the Internet and in Europe Middle East and Africa for a period of two years from the date of entering the Competition:
- this Competition; and
- the results of this Competition
Items 1 and 2 could include (for example)-
- internal and external exhibitions and events that exhibit entries to this Competition
- use in presentations that refer to this Competition
- hardcopy or electronic publications or manuals about this Competition
4.1.2
Provided that Canon and its affiliates act within the scope of the license provided above, User expressly acknowledge Canon and its affiliates’ right to treat User’s Photograph at their sole discretion, and with this respect waive any right to inspect or approve any printed or electronic use of the Photographs in relation to the above-mentioned purposes.
4.1.3
Canon and its affiliates shall always identify User as the author of the Photograph for any use of the Photograph licensed by User to Canon and its affiliates under clauses 4.1.1 just above.
4.1.4
In the event that Canon or a member of the Canon Group in Europe Middle East and Africa wishes to use a Photograph for a period longer than two years or outside the scope of the purposes described above, Canon or that member will contact you to ask for your consent.
4.1.5
Except as expressly provided under these Terms and Conditions, no license or right, express or implied is hereby conveyed or granted by User to Canon and its affiliates or by Canon and its affiliates to User in relation to any intellectual property of User or Canon and its affiliates.
4.2
Warranties
4.2.1
User promises to Canon and its affiliates that:
- He/she is the author of the Photograph and that he/she has full and entire proprietary rights in the Photograph, and he/she has the full and unlimited right to exploit those rights;
- The Photograph and any element appearing in the Photograph and their use by Canon, its affiliates, sub-licensees within the scope of the license granted under these Terms and Conditions do not infringe or breach the rights of any third-party, including but not limited to, intellectual property rights, rights of privacy and confidentiality and image rights;
- In the case where a person or person’s image appears in the Photographs, User has obtained an express permission from this person(s), for Canon and its affiliates to use his/her image(s) within the scope of the license granted under clause 4.1.1 of these Terms and Conditions.
4.3
Indemnity
4.3.1
Provided that Canon acts within the scope of the rights the User has granted to Canon in respect of the Photographs under these Terms and Conditions, each User agrees to indemnify and hold harmless Canon if the promises it has made above under clause 4.2 are not true.
5
Disclaimers
5.1
Canon reserves the right to cancel the Competition at any time.
5.2
Canon shall not be liable for any direct or indirect losses, damages or injuries of any nature howsoever caused, sustained by any User under this Competition, insofar as permitted by law. However, nothing in these Terms and Conditions shall have the effect of excluding or restricting Canon's liability for personal injury or death, or caused by gross negligence of wilful intent.
5.3
Canon shall not be liable for any failure to perform its obligations under these Terms and Conditions where such failure is caused by any supervening circumstances amounting to force majeure. Such circumstances shall include, but shall not be limited to, severe weather conditions, fire, flood, war, earthquake, riots, industrial dispute, terrorism, acts of God, technical problems, or events that render performance impossible or incapable of satisfactory execution.
6.
Governing Law
The laws of The Netherlands will apply to these Terms and Conditions and any dispute in connection with the Competition will be submitted to the exclusive jurisdiction of the courts of Amsterdam, The Netherlands.
In case of conflict between the Terms and Conditions in the English version and in any other language version, the former shall prevail.
7.
Privacy Policy
Canon is committed to protecting the Users and the Voters privacy. Any (personal) data supplied by User or Voter will be used by Canon solely for the purpose of performance of the Competition. Any (personal) data provided in the Entry is held in a secure environment. User and Voter have the right to access, correct, update, or delete their (personal) data. For contact information and further details on Canon’s Privacy Policy, please see
http://www.canon.co.uk/Terms_and_Conditions/