„heartbeat of nature“
1.1 The terms and conditions apply to participation in the “heartbeat of nature” international photography competition (hereafter referred to as “competition”). The organizer of the competition is the Kur- und Tourismus GmbH Zingst, Seestraße 56/57, 18374 Ostseeheilbad Zingst, registered at the Amtsgericht Stralsund under HRB 5227 (hereafter referred to as “organizer”).
1.2 The terms and conditions determine the contractual relationship between the participant and the competition organizer. A participant is any person who has agreed to these terms and conditions, and whose submission has been approved and made public by the organizer. There are no exceptions to these rules.
2.1 The competition takes place from the 1/8/2016 to the 6/30/2016.
2.2 Any person who has reached their sixteenth year is able to participate. Those under 18 years of age need permission from a parent or from a legal guardian. When the organizer accepts a submission from a minor, it does so under the assumption that the agreement of a parent or guardian is available.
2.3 Participants can enter their submissions as of the 1/8/2016 and up until the 6/30/2016 at the latest, by uploading them into a secured area of the www.heartbeatofnature.com website. Points to be considered for submissions:
|Number of pictures:||3 photos maximum|
|Data format:||JPEG format|
|Picture size:||Maximum of 5 MB per photo|
|Text:||Picture title (mandatory field)|
2.4 The following types of photos are forbidden from entry into the competition:
2.5 The deadline for submissions to the competition is 6/30/2016. Work submitted after the deadline will not be considered and will not be part of the competition.
2.6 Participating multiple times in the competition is not permitted.
3.1 Registration via the on-line form at the www.heartbeatofnature.com website is required for participation in the competition. Incomplete details will exclude participation in the competition.
3.2 With his/her registration, the participant expresses their clear agreement that the organizers can store the data for the duration of the competition, and can make use of it for the realization and processing of the competition.
3.3 The organizers commit to keeping from third parties all personal data collected from the registrations, and to not use it for any non-competition related purposes without the participants permission.
3.4 The participant can withdraw his/her data storage agreement and withdraw from the competition via the website at any point in time.
4.1 The organizers have set a fee of 5.00 euros (incl, VAT) to participate in the competition. This should be paid to the organisers via bank transfer, PayPal, credit card or immediate transfer. Once payment has been received, the participant qualifies to take part in the competition. The participant's registration profile will then be activated immediately.
Bank transfers should be made to the organizer's following bank account:
|Recipient:||Kur- und Tourismus GmbH Zingst|
|IBAN:||DE 49 1203 0000 1020 2263 36|
|Purpose:||Heartbeat Of Nature + Lastname|
4.2 If the participant withdraws from the competition, fees that have already been paid will be refunded by the organizer. This also applies for payments registered after the deadline of 7/7/2016
5.1 With his or her participation, the participant authorizes the organizer to use the submitted photos, non exclusively, unlimited in time, place and content, in all printed matter (such as catalogues, posters, billboards, ads in newspapers or magazines, etc.), on the organizer's website, and the websites of its partners, in exhibitions, in on-line ads, in banners, as well as on the organizer's and its partners' social media channels (including watermarks and copyright notice).
The authorisation applies exclusively to promotion, information, reporting, presentation and exhibition in relation to the competition, and includes, in particular, the duplication, publication, exhibition and public reporting of the photos submitted, as well as their processing for the purpose of including them in websites and as printed matter.
5.2 The organizer is obliged to quote the participant's user name as author of the competition submissions in the normal manner and for every form of publication.
5.3 The participant confirms that the submitted photos are his/her original work and that, by submitting them, he/she is not violating any third party rights, using them unlawfully or infringing against them; these include copyrights, data privacy protection rights, trademark rights or other intellectual property rights.
This means that, above all, in the case of a person being recognizable in a picture, that person has given his/her agreement, unless the person or persons are only on the sidelines. In the case of recognizable minors, the permission has to be given by a legal guardian. With minors up to 14 years of age, even if photographing and publishing have been approved by a legal guardians, it does not apply if the minor him or herself is not willing. The participant guarantees that buildings and properties in third party ownership have only been photographed from a public place, unless proof that the owner has given permission for photographing and publishing is on hand.
If necessary, the organizer can request that the participant supply a copy of such written authorization.
6.1 If third party demands due to culpable violation of their rights in relation to the publishing of a competition submission are made effective against the organizer, then the participant will indemnify the organizer for the resulting costs, including reasonable costs for legal defence.
6.2 The participant will support the organizer's defence to the best of his/her ability and will make available for the organizer all the files and evidence that is deemed necessary after judicious evaluation.
6.3 If, after submitting works to the competition, the participant becomes aware of an interference to the assigned rights, he/she is obliged to inform the organizer immediately.
7.1 Following the 6/30/2016 deadline, a jury selected by the organizer, will spend July/August 2016 choosing the best one hundred motifs submitted, that will be presented in the “heartbeat of nature 2016” exhibition. For purposes of the jury's decision-making process, all the pictures will be anonymous. Following this, the jury will also inform of the winning submissions.
7.2 The winners will be awarded high-quality, non-cash prizes, which are assessed according to their monetary value. A list of the prizes can be found on the www.heartbeatofnature.com website. The prizes are non-transferable. Payment of the monetary value of the prizes is not possible. At the same time, the organizer has the right to replace the complete, or part of, list of prizes with alternative prizes of equal monetary value.
7.3 The official award ceremony will take place within the framework of photokina 2016 in Cologne. The winners of the 1st to 10th places will be invited by the organizer to attend the award ceremony in Cologne. The organizer will provide trade fair tickets, accommodation is to be organized by the participants themselves.
If for technical, organizational or other ulterior motives the award ceremony can not take place, the organizer will inform the winners immediately. In this case, the prizes will be sent by post. The postal costs will be covered by the organizer.
7.4 The one hundred best pictures will first be presented in the heartbeat of nature 2016 exhibition at photokina 2016, and then at other exhibition locations selected by the organizer. The exhibited pictures can be presented framed, laminated, digital (on screens) or in other formats.
7.5 The participants whose works have been chosen by the jury as winning submissions, will be informed by email of their placement among the Top 100 before photokina 2016 begins. Places 11 – 100 will be published on the www.heartbeatofnature.com website immediately after the jury has reached its decision. The organizer will keep secret the information about the Top 10 up until the award ceremony and première of the exhibition resulting from the competition.
7.6 The prizes can not be given to a third party nor paid out in cash value.
7.7 The name of the participant and the picture title will be given within the competition's framework. By participating, the participant declares his/her agreement with the publication of his/her submissions to the competition, as well as his/her name and the title of the pictures, within the framework of the exhibition and the corresponding promotional measures in the organizers print and on-line media.
8.1 In addition to the competition, all the photos submitted take part in a public's favourite ranking. Clicking on the voting button, any visitor to the website can give their vote to their favourite photo. No registration on the website is necessary to be able to submit your vote. All the votes are counted and will appear on a ranking page on the www.heartbeatofnature.com site, with photos placed in the corresponding order.
8.2 With the close of the competition on 6/30/2016, the photo with most votes will be crowned Public's Choice winner. The winner will receive a prize independently from the rest of the competition. It is delineated on the www.heartbeatofnature.com website. The prize is non-transferable. A cash payment of the prize's monetary value is not possible. The organizer has the right to replace the prize fully or in part for an alternative of equal monetary value.
8.3 The Public's Choice winner will be informed by email of his/her win, immediately after the competition deadline is passed. If the winner does not respond within four (4) weeks of the winning announcement being sent out, the right to the prize is lost and passes to the next placed submission. The same thing applies when the next placed winner does not respond within the time-line mentioned above.
8.4 The prize can not be given to a third party nor paid out in cash value.
8.5 Participating in the Public's Choice ranking is in addition to the competition. Participation in the competition, as described in points 1 – 7, remains untouched. Multiple wins in the sense of being among the first 100 places in the competition, and also winning the Public's Choice prize is possible.
9.1 The organizer reserves the right to break off or end the competition at any time without forewarning and without giving a reason. The organizer can make use of this in particular if the competition can not be carried out appropriately due to technical, legal or organizational reasons.
9.2 The organizer reserves at its own discretion the right to exclude individual participants from taking part. This can happen in particular where the participant infringes against these terms and conditions, or makes use of dishonest means or participates with work produced by a foreign party.
10.1 Subject to verification of the following rulings, the organizer is liable – regardless of the legal grounds – for all damage caused by deliberate or gross negligent behaviour of the organizer, their legal representatives, employees or auxiliary assistants.
10.2 For damage caused by gross negligence on the part of one of the organizer's auxiliary assistants, the liability is limited to those damages that may occur within the typical context of the circumstances of this contractual agreement.
10.3 For damages caused by the organizer, their legal representatives, employees or auxiliary assistants, but not due to deliberate or gross negligent behaviour, the organizer is only liable if a significant contractual obligation (“cardinal obligation”) has been violated. Significant is an obligation that is of particular importance for the achievement of the purpose of the contract, the compliance of which the user can notably be allowed to trust in. In this case, the liability limitations with regard to the damage to be replaced corresponds to point 10.2.
10.4 The liability limitations for the organizer defined in points 10.1 to 10.3 also apply to their employees, if a participant holds them personally liable for damage. Like the organizer, their employees are only liable in the case of deliberate or gross negligence. If the organizer can not be held accountable because points 10.1 to 10.3 exclude it, their employees can also not be held accountable because of the same exclusions.
11.1 Recourse to the courts is excluded.
11.2 Organizer employees are excluded from taking part in the competition.
11.3 German Federal Republic law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
11.4 Should individual stipulations of this contract be ineffective or inapplicable, this does not affect the validity of the contract's other stipulations. The organizer and the participant are obliged to replace the ineffective stipulation with an effective one that is legally and commercially closest to the ineffective stipulation.