Terms & Conditions. Magnum Expression Award Terms and Conditions. 1. Use of this website (the Site )

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1 Terms & Conditions Magnum Expression Award Terms and Conditions 1. Use of this website (the Site ) This Site is operated by Magnum Photos, Inc. ( Magnum ), located at 151 West 25 th Street, New York, New York, 10001, United States of America. Any use by you of the Site is conditional upon your acceptance of these Terms & Conditions. We reserve the right to amend these Terms & Conditions from time to time without notice and in our sole discretion. It is your responsibility periodically to review this page for updates to these Terms & Conditions, which shall come into effect once posted. See the box below for a summary of updates. Your continued use of the Site constitutes acceptance of these Terms & Conditions. We reserve the right to change, modify, suspend or discontinue any portion of the Site at any time. We may also impose limits on certain features or restrict your access to parts of the Site without notice or liability. 2. Terms of Entry There are no fees for entry into the Magnum Expression Award competition. The official Entry Form and promotional information relating to the competition are available at the following websites: and photoshelter.com. The provisions of the Entry Form constitute part of these Terms & Conditions and are incorporated herein by reference. Entry into the Magnum Expression Award competition shall be deemed acceptance of these Terms & Conditions as they relate to the competition. Entries posted in breach of these Terms & Conditions will be invalidated and removed from the competition. 3. Eligibility Participation in the Magnum Expression Award competition is open to all photographers over the age of 18 except (i) employees and principles of Magnum, its affiliates, and participating sponsors PhotoShelter, Blurb.com & Hewlett-Packard Development Company, L.P. HP (collectively, the Competition Partners ), and (ii) photographers who are or have been represented professionally by Magnum or its affiliates. Eligible participants must be natural persons and not corporate entities. Eligibility and participation will be subject to the requirements of the laws of the State of New York and the United States of America, including as set forth in regulations administered by the Office of Foreign Asset Controls, and entries will be void where prohibited. By using this Site and/or participating in the competition, you represent and warrant that you meet all eligibility requirements and that any submitted registration information is accurate. 4. How to Enter Entries must be made online using the instructions provided at

2 There will be no fee for participation. Entries must be uploaded on or before the closing date. The closing date for 2009 submissions will be 23:59 hours Eastern Standard Time on the 30 th of September, Once your entry has been received you will receive an confirmation. Only electronic entries will be accepted. Entries will be hosted by a customized PhotoShelter website (the Host Site ) and will be available for viewing in a free gallery on the Host Site. Neither Magnum nor its Competition Partners will have any responsibility or liability for entries not properly submitted or not received for any reason. 5. Submission Process & Requirements To be eligible for the Magnum Expression Award, participants must submit images and an artist statement as described below. a. Images Each entrant may submit from 8 to 15 images to illustrate a single photographic essay. Entry images must be electronic and must be uploaded to the Host Site, which will require creation of a PhotoShelter account. (The Host Site will provide instructions.) Entry images must be submitted at, or be available at, sufficiently high resolution so that they can be printed at a standard acceptable for display in printed media. Entry images must be numbered in the order that you wish them to be presented, with the number coming first in the file name (to ensure the correct sequence please use two digits, example: 01, 02, 03) followed by the entrant s last name (e.g. 01Smith, 02Smith, 03Smith etc.). Please do not use any spacing in the file names. b. Artist statement about the project. Each entrant must submit a text statement in which you provide a brief biography and tell us about your motivations for producing the project, your relationship to the subject, the audience you would like to reach, and the innovative methods you have used or will use in the production and distribution of the work. Statements should be in English if possible. c. Representations with respect to submitted materials. With respect to any materials you submit in connection with the Magnum Expression Award, including any submitted images and your artist statement ( Submitted Materials ), you represent and warrant as follows: I. That you have taken the photograph(s) you have sent to us or you have permission from or are authorized by the owner of the photograph(s) to send it (them) to us; II. That you are the author of any text that you have sent to us or you have permission from or are authorized by the owner of such text to send it to us; III. That all necessary model releases have been obtained from any clearly identifiable person appearing in any image, together with any other relevant consents required, and that the use of any Submitted Materials in this

3 competition or pursuant to the licenses granted herein does not breach any copyright, moral right, or other right of any other person or entity; IV. That the Submitted Materials are not obscene, do not reveal any proprietary or trade secrets, and do not defame or libel any person; and V. That you, or the person from whom you have permission to submit the Submitted Materials, own(s) the copyright and other relevant rights to the Submitted Materials, that you will not license or assign such copyright during the course of the competition, that you have full power and authority to grant the licenses and authorizations granted herein, and that submission of the Submitted Materials and use and display of same will not be contrary to any law or any contract or agreement with any third-party. Magnum and its Competition Partners will not be liable for any loss, damage or personal injury whatsoever suffered or sustained by any person or entity that results from or arises out of use or display of Submitted Materials in connection with the Magnum Expression Award competition as authorized herein. The entrant indemnifies and holds harmless Magnum, its subsidiaries and affiliates, and its Competition Partners against any loss, damages, costs or claims, including reasonable attorneys fees, arising out of a breach of any of the foregoing representations and warranties. Any breach of the foregoing representations and warranties will also, among other things, (1) make the related Submitted Materials subject to immediate removal from the Host Site; (2) make the entrant subject to immediate disqualification from any further participation in the competition; (3) make the entrant s account subject to immediate termination; and (4) make any prizes, awards, or honors received subject to termination, forfeiture, and recission. Entrants should retain copies of all Submitted Materials for their records, as neither Magnum nor its Competition Partners shall have any obligation to preserve or return Submitted Materials. 6. The Judging Process Upon closure of the 2009 submissions period (23:59 hours on the 30 th of September, 2009), a shortlist of all entries will be reviewed by the judging panel, and a final vote will be held to determine the award recipient and honorable mention recipients. The judges decision will be final and shall be made in their sole and absolute discretion. Participants will not be provided with any opportunity to communicate with the judges regarding submissions. Magnum and its Competition Partners will make any adjustments to the judging process in their sole and absolute discretion. Results will be posted to the program website after the judges have made their decision. 7. Competition Prizes a) The winner of the Magnum Expression Award will receive an HP Designjet Z3200 Photo Printer and a package of media supplies provided by HP. The winner will also receive a $10,000 cash prize to support continued work on the winning project; the opportunity to produce a multimedia essay of the winning entry in collaboration with Magnum s Magnum in Motion team; sponsorship for the production of exhibition

4 prints on an HP Designjet Z3200 for a solo exhibition of the winning entry; a $3000 credit for production of the winning essay in book form on HP Indigo printers in collaboration with Blurb.com; a customizable PhotoShelter pro account and website for one year; and advice and mentorship from a Magnum photographer regarding the continuation of the winning project. b) Two honorable mention recipients will receive an HP Photosmart Pro B9180 Photo printer and a suite of media from HP for studio printing; a $1000 credit for production of the photographer s essay in book form on HP Indigo printers in collaboration with Blurb.com; and a PhotoShelter basic account for one year with 10GB storage. c) The remaining 17 finalists will receive a $200 credit for production of the photographer s essay in book form on HP Indigo printers in collaboration with Blurb.com and a PhotoShelter basic account for one year with 10GB storage. d) The competition prizes are non-transferable and there is no cash alternative. e) All prizes are subject to any required withholding taxes and the provision to Magnum of any necessary documentation. f) Prize recipients are solely responsible for the payment of any taxes due in connection with receipt of a prize. 8. Use of Images By entering the competition, Participants grant Magnum Photos and its Competition Partners an irrevocable, non-exclusive, worldwide royalty-free license to reproduce, publicly display, distribute, publicly perform and create derivative works from their Submitted Materials, in all media, solely in connection with the administration, judging and promotion of the Magnum Expression Award, including, but not limited to, on the Magnum, HP, Blurb.com and PhotoShelter websites. Submitted Materials will NOT be used for commercial advertising purposes and will NOT be altered without the prior consent of the author, except as necessary to display or distribute them in a particular medium or format. Permissible uses of Submitted Materials shall include their reproduction, distribution and display in exhibitions, multimedia presentations, and printed materials related to or promoting the Magnum Expression Award and/or its sponsorship by Magnum and Magnum s Competition Partners, including without limitation a book promoting the Award to be produced by Blurb.com. Magnum and its Competition Partners shall have the right to grant sublicenses to the press and publicity agents in connection with the promotion of the Award or the competition. Magnum and its Competition Partners also shall have the right to make the Submitted Materials available to third-parties for viewing on computer screens and other media devices, and for storage in electronic format, for personal, non-commercial uses only. Winners of the Magnum Expression Award agree that any future publication, exhibition or display of the project funded by the Magnum Expression Award cash prize shall credit the Magnum Expression Award. Upon completion of the funded project, a final (digital) copy must be provided to Magnum and its Competition Partners. Magnum and its Competition Partners, in furtherance of promoting the Award, may, in the future, (1) display the project on their websites and on the website of the Magnum Expression Award; (2) publicly display the project (or excepts from it) in connection with exhibitions or promotional materials related to

5 the Magnum Expression Award; and (3) reproduce the project solely in connection with the foregoing. Magnum and/or its Competition Partners will credit the artist as the author and copyright holder of his/her photographs. 9. Participant Data Participants grant Magnum Photos and its Competition Partners the right to use submitted personal data (such as name, contact information, and address) in the administration and judging of the Magnum Expression Award competition. Among other things, such information may be provided to competition administrators and jurors, and we will use the address you provide for communications related to the Magnum Expression Award, including notification of the finalists and winners. By using the Site or participating in the competition, you are consenting to have your personal data transferred to and processed in the United States. We care about the privacy of our users. Your personal data will NOT be provided to third parties for unsolicited marketing. We will retain your information in order to provide you with information related to future Magnum Expression Award programs. Participants who indicate they would like to receive additional information from Magnum and its Competition Partners may also receive additional updates regarding their activities. Magnum and its Competition Partners shall have the right to use and publish all winners' and finalists names and approved likenesses for publicity purposes. 10. Intellectual Property The content, design, and overall look and feel of the Magnum Expression Award website is the property of Magnum, and nothing herein or therein shall constitute a waiver of rights therein. Subject to the licenses expressly granted herein, all intellectual property rights in Submitted Materials shall remain the property of the photographer who submitted them. Magnum and its Competition Partners will include an appropriate credit line with each licensed use of Submitted Materials, provided, however, that any failure to include such credit line shall not be deemed to be a breach if cured within a reasonable period, but no less than ten (10) days, from the date of receipt of notice of such failure. The trademarks of Magnum and its Competition Partners shall remain the sole and exclusive property of each of them, and nothing herein or related to the competition shall grant or imply any right by any person to use such trademarks in any manner whatsoever. Trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Magnum or its applicable Competition Partner. We respect the intellectual property rights of others and we prohibit users or competition participants from uploading, posting or otherwise transmitting on the Site or Host Site any

6 materials that violate another party's intellectual property rights. If we receive a proper notification of alleged copyright infringement, we reserve the right to promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millenium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to us. 11. Liability Disclaimer Neither Magnum nor any Competition Partner shall have any liability to any user of this Site or any competition participant except in the case of recklessness or intentional misconduct. EXCEPT AS SPECIFIED HEREIN, NO WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, ARE MADE OR CREATED BY MAGNUM OR ITS COMPETITION PARTNERS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL MAGNUM OR ANY COMPETITION PARTNER BE LIABLE TO ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOST OR ANTICIPATED REVENUES OR PROFITS RELATING TO THE SAME) ARISING FROM ANY CLAIM RELATING TO THIS SITE, THESE TERMS & CONDITIONS, THE MAGNUM EXPRESSION AWARD, OR ANY OF THE ACTIONS PROVIDED FOR HEREUNDER, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MAGNUM IS ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF THE SAME. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF MAGNUM AND ITS COMPETITION PARTNERS TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MAGNUM AND ITS COMPETITION PARTNERS IN CONNETION WITH THE SITE AND THE COMPETITION, BUT IN NO CASE WILL THE LIABILITY OF MAGNUM AND ITS COMPETITION PARTNERS TO YOU EXCEED $300. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO MAGNUM AND ITS COMPETITION PARTNERS, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM MAGNUM AND ITS CONTENT PARTNERS, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE SITE IS PROVIDED "AS-IS". MAGNUM AND ITS COMPETITION PARTNERS CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM

7 USE OF THE SITE, NOR DO THEY REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. Nothing herein or related to the competition or the Magnum Expression Award shall be deemed to create a partnership, joint venture, fiduciary relationship or other association between Magnum, its Competition Partners, and any user of this Site or any competition participant. Magnum and its Competition Partners are not responsible or liable in any manner for any content submitted by third-parties, including competition participants. We do not control and are not responsible for what participants post, transmit or upload to the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with the competition. The Site and the Host Site may be temporarily unavailable from time to time for maintenance or other reasons. Magnum and its Competition Partners assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or participant communications or Submitted Materials. Magnum and its Competition Partners are not responsible for any technical malfunction or other problems. Under no circumstances will Magnum or its Competition Partners be responsible for any loss or damage, including any loss or damage to any Submitted Materials, resulting from anyone's use of the Site. Magnum and its Competition Partners reserve the right to change any and all content, software and other items used or contained in the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Magnum or any of its Competition Partners. 12. Governing law These Terms & Conditions and all aspects of the Magnum Expression Award competition shall be governed by and interpreted according to the laws of the State of New York, United States of America, without regard to its principles of conflicts of laws. By accepting these Terms & Conditions, you agree that any dispute arising hereunder or with respect to the competition will be subject to the exclusive jurisdiction of the state and federal courts located

8 in the City and County of New York, New York. By participating in the competition, you expressly acknowledge that you are subject to and submit to the jurisdiction of same. 13. Restriction, Suspension and Termination a) We may restrict, suspend or terminate your access to the Site and/or your ability to avail yourself of any of the services on the Site, including interactive services, at any time for any reason, including if we believe, in our sole discretion, that you have breached these Terms & Conditions at any time or have engaged in any conduct detrimental to the Magnum Expression Award. Any such restriction, suspension or termination will be without prejudice to any rights that we may have against you in respect of your breach of these Terms & Conditions. We may also remove the Site as a whole or any sections or features of the Site at any time. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms & Conditions. b) If we wish to bring your participation in the Magnum Expression Award competition to an end, we will first attempt to you at the address included with your submission. Your registration will terminate and your address and password will become invalid immediately thereafter. 14. Use of Material Appearing on Magnum Expression Award Site a) For the purposes of these Terms & Conditions, "Site Content" means all material published on the Magnum Expression Award Site and the Host Site, including, without limitation, text and photography whether copyrighted by Magnum or a third party. b) You may download and print extracts from the Site Content, other than photographs, and make copies of these for your own personal and non-commercial use only. You must not download or print the Site Content, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the Site Content. c) You must not reproduce any part of the Magnum Expression Award Site or the Site Content or transmit it to, reproduce or display it on, or store it in any other website, or disseminate any part of the Site Content in any other form, unless we have expressly given permission for you to do so. d) Magnum and its Competition Partners are the owners and/or authorized users of all trademarks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise indicated. Except as provided in these Terms & Conditions, use of the Site does not grant you any right, title, interest or license to any such intellectual property you may access on the Site. Except as provided in these Terms & Conditions, any use or reproduction of the Site Content is prohibited. e) Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Magnum, is strictly prohibited and will terminate any licenses granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and

9 statutes. Unless explicitly stated herein, nothing in these Terms & Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. Any licenses to Site Content granted herein are revocable at any time without notice and with or without cause. f) By using this Site, you agree that you will be solely liable and responsible for any action that you take that infringes the intellectual property rights of any third-party, including without limitation the rights of any photographer who has submitted materials to this Site or the Host Site, and you agree to indemnify and hold harmless Magnum and its Competition Partners from any suit, costs, damages or liabilities of any variety whatsoever, including reasonable attorneys fees, arising from any such infringement or breach of this paragraph. 15. Miscellaneous Force Majeure. Magnum, in its sole discretion, and without any liability to any party, may cancel, suspend or terminate the Magnum Expression Award program, including the competition prizes, upon the occurrence of unpredictable, unavoidable, or extraordinary facts or circumstances, including without limitation acts of war, famine, terrorism, drought, natural calamity, acts of God, or extreme economic instability. No Waiver. No failure of Magnum or any Competition Partner to exercise and no delay in exercising any right or remedy will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise of such right or remedy or the exercise of any other right or remedy. Severability. If any provision of these Terms & Conditions is held invalid, the remainder of these Terms & Conditions shall continue in full force and effect. If any provision of these Terms & Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions. Construction. Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms. Entire Agreement. These Terms & Conditions constitute the entire agreement between you and Magnum regarding use of the Site and/or participation in the Magnum Expression Award competition, superseding any prior agreements between you and Magnum relating to your use of the Site or participation in the Magnum Expression Award competition. # # #