RULES FOR READER PHOTO SUBMISSIONS
Sponsor is British Heritage Magazine, c/o Kliger Heritage Media, LLC, 201 East 87th Street, New York, NY 10128, USA ("Sponsor" or "BHM").
Sponsor intends to publish one or more reader submitted photographs in each print issue of British Heritage Magazine and continuously online at britishheritage.com during 2016 and 2017. In order for photos to be considered for publication, they must be received by British Heritage Magazine at least ninety (90) days prior to the issue date of the issue in which they will be published, e.g. photos for May/June 2016 issue must be received no later than February 1, 2016 in order to be considered. Information on how to submit photos form part of these official rules (“Official Rules”). By submitting a photo, each submitter agrees to the Official Rules and warrants that his or her submission complies with all requirements set out in the Official Rules. This is not a contest, no prizes or other compensation shall be awarded for any photographs selected for publication.
WHO MAY SUBMIT PHOTOS
Only photographs submitted by individuals who are current subscribers to British Heritage Magazine and who have reached the age of majority in their jurisdiction of residence at the time of entry and who do NOT reside in Cuba, Iran, North Korea, Sudan or Syria shall be considered for publication. Employees of Kliger Heritage Media, LLC and its subsidiaries and affiliates, and their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they live) or persons living in the same households of such employees, whether or not related are not eligible.
HOW TO SUBMIT PHOTOS
To submit photos, visit britishheritage.com/photos and submit your photograph(s) in accordance with the instructions. There is a limit of five (5) submissions per person. Each submission must comply with the following requirements (the “Photograph Requirements”):
The submissions will be judged in accordance with criteria determined in the sole discretion of the Sponsor. All decisions by the Sponsor are final and binding.
If the photograph contains any material or elements that are not owned by the submitter and/or which are subject to the rights of third parties, and/or if any persons appear in the photograph, the submitter is responsible for obtaining, prior to submission of the photograph, any and all releases and consents necessary to permit the exhibition and use of the photograph in the manner set forth in these Official Rules without additional compensation. If any person appearing in any photograph is under the age of majority in their state/province/territory of residence the signature of a parent or legal guardian is required on each release.
Upon Sponsor's request, each submitter must be prepared to provide (within seven (7) calendar days of receipt of Sponsor's request) a signed release from all persons who appear in the photograph submitted, and/or from the owner of any material that appears in the photograph entry, authorizing Sponsor and its licensees ("Authorized Parties") to reproduce, distribute, display, and create derivative works of the submitted photograph in any media now or hereafter known. Failure to provide such releases upon request may result in disqualification. Similarly, upon Sponsor's request, each submitter must be prepared to provide (within seven (7) calendar days of receipt of Sponsor's request) a signed written license from the copyright owner of any sculpture, artwork, or other copyrighted material that appears in the photograph submission, authorizing any Authorized Party to reproduce, distribute, display, and create derivative works of the submitted photograph, in any media now or hereafter known. Failure to provide such releases upon request may result in disqualification.
Finally, upon Sponsor's request, each submitter must be prepared to provide (within seven (7) calendar days of receipt of Sponsor's request) a signed written license from the owner of any private property included in the photograph entry, authorizing any Authorized Party to reproduce, distribute, display, and create derivative works of the submitted photograph, in any media now or hereafter known. Failure to provide such releases upon request may result in disqualification.
For the purposes of these Official Rules, the submitter will be deemed to be in receipt of Sponsor's request or notification, (a) in the event that Sponsor sends the request by postal mail, five business days after the request was sent by Sponsor, or (b) in the event that Sponsor sends the request by email, on the day that the email was sent by Sponsor.
By submitting a photograph, all submitters grant an irrevocable, perpetual, worldwide non-exclusive license to Authorized Parties, to reproduce, distribute, display and create derivative works of the photographs (along with a name credit) in any media now or hereafter known, for no additional compensation or consideration, including, but not limited to: Display at a potential exhibition of winners; publication of a book featuring select photographs; publication in British Heritage Magazine or online highlighting entries or winners of the Contest; and offering as downloadable wallpaper to users of the British Heritage website (the “License”). Submitters consent to Sponsor doing or omitting to do any act that would otherwise infringe the submitter’s “moral rights” in their submissions. Authorized Parties will not be required to pay any compensation or additional consideration or seek any additional approval in connection with such use as authorized by the License. Additionally, by submitting a photograph, each submitter grants to Authorized Parties the unrestricted right to use all statements made in connection with the submission, and pictures or likenesses of the submitters, or choose not to do so, at their sole discretion, except where prohibited by law. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use.
LIMITATION OF LIABILITY
By submitting a photograph, all submitters agree to release, discharge, and hold harmless Sponsor and its partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives from any claims, losses, and damages arising out of their submission of photographs, the photographs themselves or any use of the photographs by the Sponsor or the Authorized Parties.
Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to submitted photographs. Sponsor is not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any photograph to be received on account of technical problems or traffic congestion on the Internet or at any website, human errors of any kind, or any combination thereof, including any injury or damage to submitters' or any other persons' computers related to or resulting from participation, uploading or downloading of any materials related to in this Contest.
In the case of submitters who are Australian or UK residents, the preceding two clauses do not operate in respect of any implied condition or warranty the exclusion of which from these Official Rules would contravene any Australian or UK statute or cause any part of these Official Rules to be void.
Submitters agree that any disputes regarding submitted photos shall be subject to and governed by the laws of the State of New York and the forum for any dispute shall be in the State of New York, United States of America. To the extent permitted by law, the right to litigate, to seek injunctive relief or to make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with submitted photographs are hereby excluded and any submitter expressly waives any and all such rights. Certain restrictions may apply. Submissions are void if Sponsor determines the photograph to not be an original, or if the submissions are incomplete, inaccessible or blocked, corrupted, damaged, irregular, altered, counterfeit, produced in error or obtained through fraud or theft.
By submitting a photograph, submitters also agree (a) to be bound by these Official Rules; (b) that the decisions of the Sponsor are final and binding with respect to all matters relating to the publication of any photographs; and (c) if a submitted photo is chosen for publication submitter expressly agrees that Authorized Parties may use the photo and the submitter’s name, photograph, likeness, and/or voice in any publicity or advertising relating to British Heritage Magazine or future promotions without compensation or approval (except where prohibited by law).
Sponsor reserves the right to verify the validity and originality of any submission and/or submitter (including a submitter’s identity and address) and to disqualify any submission that is not in accordance with these Official Rules or who tampers with the submission process. Failure by Sponsor to enforce any of its rights at any stage does not constitute a waiver of those rights.
SPONSOR’S RIGHT TO CANCEL OR SUSPEND
Sponsor may cancel, terminate or suspend its decision to publish any reader submitted photographs for any reason at any time.