READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU CONTINUE TO YOUR ENTRY OR UPLOAD ANY IMAGE. BY SUBMITTING AN ENTRY ON THIS PLATFORM YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT CONTINUE TO SUBMIT YOUR ENTRY.
1. Eligibility: The All Out Photo Award Contest is open only to individuals who are at least eighteen (18) years of age or have reached the age of majority in their jurisdiction of residence, whichever is older. Employees of All Out Action Fund (the “Organizer”), New Remote Productions Inc. (MTV), ViacomCBS, Viacom International Inc. and respective parent, subsidiary and affiliated companies, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. Participation in the Contest constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Organizer, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules. The Contest is void where prohibited.
2. Organizer: All Out Action Fund, 115 Fifth Avenue, New York, NY 10003, U.S.A. New Remote Productions Inc. (MTV) is not a sponsor of this contest. All inquiries related to the administration of the contest, the selection of the winners and the awarding of the prizes should be directed to All Out Action Fund, not to New Remote Productions Inc. (MTV).
3. Entry Period: The Contest begins at 12:01 am U.S. Eastern Daylight Time (EDT) on May 17th, 2021 and ends at 11:59 pm EDT on June 11th, 2021 (the “Entry Period”).
5. Requirements for Entries: Your Entry must be your own original work and have an accurate caption written in English, Spanish, Portuguese, French, Italian, or German. Entries will be judged based on expression of the Contest theme, inspirational power, originality, and composition. Your Entry should include the image title, year of creation, place of creation, and an image description. Photographs must not show the name of the photographer, publication, or any other information in the form of photograph overlays.
A photograph can only be entered once. Your Entry must be submitted via the official contest platform. Entries sent in other ways will not be accepted. Photographs can be submitted whether or not they have been published, as long as you took the photograph and have full rights for its use.
Your Entry must not: (a) contain any content that could be considered deceptive, misleading, false, fraudulent, scandalous, indecent, obscene, sexually explicit, defamatory, libelous, threatening, harassing, hateful, degrading, intimidating, graphically violent, or otherwise unlawful, tortious, or objectionable; (b) depict, encourage, promote, or induce conduct that could violate any law or give rise to criminal or civil liability, or that could be considered risky, violent, discriminatory, or otherwise inappropriate; (c) advertise or promote alcohol, tobacco, firearms, or gambling; (d) contain any content that is protected by copyright, trademark (including, without limitation, any logo that appears on an article of clothing or elsewhere), trade secret, right of publicity, or other proprietary right, without the express prior written consent of the owner of such right; (e) endorse any religious or political cause or candidate; (f) contain any personal information about you or any other person; (g) depict any minor; (h) depict any individual who has not provided you with consent to take the photograph and submit it to this Contest; (i) contain any confidential information, or any material, non-public information about any company; or (j) contain any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any website, hardware, software, or network. The Organizer reserves the right, in its sole and absolute discretion, to refuse to accept any Entry for any reason.
6. Selection of Potential Winners: From June 13, 2021 through June 18, 2021, Eligible Entries will be reviewed by a panel of independent judges assembled by the Organizer. The judges are not eligible to participate in the Contest, are not affiliated with the Organizer, and are required to confirm no known conflict of interest. The panel will select one (1) potential grand prize winner and two (2) potential first prize winners in each of the three (3) submission categories from among the eligible Entries received, totaling three (3) grand prize and six (6) first prize winners for the whole Contest. Potential winners will be selected based on the following judging criteria, which will be equally weighted: expression of the Contest theme, inspirational power, originality, and composition. In the event of a tie, the Entry with the higher score for expression of the specific Contest theme will be the potential winner. The potential winners and potential runners-up will be notified by email, and will receive their prizes within thirty (30) days of their verification as winners. The winners will be announced publicly on June 28th, 2021.
7. Requirements of Potential Winners: Except where prohibited by law, each potential winner will be required to sign and return an affidavit of eligibility and a liability and publicity release. Such documents must be signed and returned to the Organizer within fourteen (14) days of notification by the Organizer. If a potential winner fails to sign and return such documents within such fourteen (14) days, fails to respond to notification from the Organizer within three (3) days of the Organizer’s attempt at notification, or is otherwise ineligible to receive the prize, then he/she/they will forfeit the prize.
8. Prizes: The three (3) grand prize winners, one (1) for each of the three (3) categories, will receive a cash prize of USD $1,000. The six (6) first prize winners (two (2) in each category) will receive a print voucher from BayPhoto.com valued at USD $300 and a one year subscription to Flickr Pro valued at $72.
The winning photographs will:
Winners are solely responsible for taxes and any other costs associated with prize receipt and/or use. U.S. winners of the USD$1,000 prizes will be issued an IRS Form 1099 for tax reporting purposes. There will be no substitution of the prize, except by the Organizer, who reserves the right to substitute a prize with another of comparable or greater value. The details, including the timing, frequency and nature of the promotional/social posts on MTV and Logo TV shall be at MTV and Logo TV’s discretion. Prizes are not transferable.
9. General Conditions: In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including technical errors or fraud, the Organizer may, in its sole discretion, either (a) 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, or (b) award the prizes according to the judging criteria from among the eligible Entries received up to the time of the impairment. The Organizer reserves the right, in its sole discretion, to disqualify any person whom the Organizer finds to be tampering with the Contest or to be acting in violation of these Official Rules. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Organizer reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by the Organizer to enforce any provision of these Official Rules shall not constitute a waiver of that provision. The Contest is subject to federal, state, and local laws and regulations and is void where prohibited. In the event of a dispute as to the owner of an Entry, the authorized account holder of the e-mail address used to enter such Entry will be deemed to be the owner of such Entry. The “authorized account holder” is the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted email address. Upon Organizer’s request, you agree to promptly execute and return to Organizer a physically signed paper copy of these Official Rules.
10. Organizer’s Rights to Entries: By entering the Contest, you grant to the Organizer a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sublicensable (through multiple tiers), and transferable license, without additional consideration to you or third parties, to (a) reproduce, distribute, perform and display (publicly or otherwise), adapt, modify, edit, translate, make available to the public, make, sell, offer to sell, import, and otherwise use and exploit (and have others exercise such rights on behalf of the Organizer, through multiple tiers) your Entry (the “Licensed Content”) and any intellectual property accompanying, related to, or embodied in the Licensed Content, and any materials embodying, incorporating, or derived from the Licensed Content, in any format or media now known or hereafter developed; (b) create derivative works from and incorporate the Licensed Content into other works or into the Organizer’s or its designees’ products or services; (c) use the Licensed Content for the Organizer’s advertising and promotional purposes; and (d) use the name, photograph, portrait, picture, voice, likeness, statements, and biographical information of you for the Organizer’s advertising and promotional purposes, whether or not in connection with your Entry, in each case for the purpose of administering and promoting the Contest, any future Organizer promotions, and/or the Organizer. You hereby waive any and all rights that you may have under laws worldwide that concern “moral rights” or “droit moral” in connection with the Licensed Content. The Organizer reserves the right (but not the obligation) to verify at any time that all necessary rights, clearances, consents, releases, and other permissions in or relating to the Licensed Content have been validly obtained. You agree to fully cooperate with the Organizer in any such verification inquiries.
11. Your Representations and Warranties: By submitting an Entry, you represent and warrant that: (a) you have the legal right and authority to submit the Entry, participate in the Contest, and grant to the Organizer the rights set forth in these Official Rules; (b) the Entry complies with all requirements of these Official Rules; (c) the Entry is your original work, and you own all rights to the Entry, or alternatively, to the extent the Entry contains any third-party materials, each such third party has validly authorized you in writing to exploit such third-party materials in the Entry and to grant to the Organizer the rights set forth in these Official Rules; (d) to the extent the Entry depicts any person, you are the person so depicted, or alternatively, each person so depicted has validly authorized you in writing to exploit such person’s name and likeness in the Entry and to grant to the Organizer the rights set forth in these Official Rules; (e) the Entry, and the use thereof by the Organizer and its designees, does not and will not infringe upon or violate any patent, copyright, trademark, trade secret, or other intellectual property, privacy, publicity, or other rights of any third party; (f) you have complied and will comply with all applicable laws, rules, and regulations in creating and submitting the Entry; and (g) all information that you provide to the Organizer in connection with your participation in the Contest is and will remain accurate and complete.
12. No Confidentiality. You agree that the Organizer and its service providers do not have any confidentiality or nondisclosure obligations in or with respect to your Entry or any other information or material related to the Contest.
13. Release and Indemnity; Limitations of Liability: By participating in the Contest, you agree, to the fullest extent permitted by applicable law, to release, indemnify, and hold harmless the Organizer, its service providers, and its and their respective shareholders, directors, officers, employees, and agents, New Remote Productions Inc. (MTV), ViacomCBS, Viacom International Inc. and respective parent, subsidiary and affiliated companies (collectively, the “Released Parties”) from and against any claim or cause of action arising out of or related to, directly or indirectly, in whole or in part, any participation in the Contest or receipt or use of any prize, including: (a) claims that your Entry violates any copyrights, patents, trademark rights, publicity rights, privacy rights, or other rights; (b) claims arising from any use or other exploitation of, or failure to use or exploit your Entry; (c) claims arising from any breach or alleged breach by you of any covenant, representation, or warranty set forth in these Official Rules; (d) claims of misappropriation of ideas or other intellectual property; (e) claims arising from any technical errors or printing errors, including errors that may prevent you from submitting an Entry; (f) claims arising from unauthorized human intervention in the Contest; (g) claims arising from lost, late, postage-due, misdirected, or undeliverable mail or e-mail; (h) claims arising from errors in the administration of the Contest or the processing of Entries; and (i) claims arising from injury, death, or damage to persons or property. YOU WAIVE ANY RIGHTS OR CLAIMS TO INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY SO THE ABOVE MAY NOT APPLY TO ALL ENTRANTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
14. Disputes: Except where prohibited, you agree that any and all disputes, claims, and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the County of New York, in the State of New York, U.S.A. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Organizer in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
15. Contest Results: Winners will be posted at the following web address: https://allout.org/photo-award-2021. The following personal information pertaining to the Entrant will be posted along with winning and runner-up photos: First name, last initial, and city / state / country of residence.
Submission of an entry into the contest will be deemed as acceptance of these Official Rules. The conditions set out in the Official Rules are binding.