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1.1. These Terms & Conditions apply to participation in the Olympus photo competition “Encounters – humans and animals” (hereinafter also the “competition”). The competition is sponsored jointly by Olympus Deutschland GmbH, Amsinckstraße 63, 20097 Hamburg, registered with the Local Court of Hamburg under HRB 86202, and Kur- und Tourismus GmbH Zingst, Seestraße 56, 18374 Ostseeheilbad Zingst, registered with the Local Court of Stralsund under HRB 5227 (hereinafter jointly called the “sponsors”).
The competition takes place on an online basis using the MyOlympus website and services.
The “Encounters – humans and animals” photo competition will take place from 30 October 2019 through 31 January 2020. Photos by the finalists will be on display during the Environmental Photography Festival Horizonte Zingst in Zingst from 16 May 2020 through 24 May 2020 and possibly as part of the company presentation or within the spatial context of Olympus' and of its affiliated companies’ marketing operations. The three winners from among the finalists will receive non-cash prizes.
2.1. Any person resident in a member country of the European Union, Switzerland or Norway is eligible for participation in the “Emotions” photo competition. Minors require permission of their parent or legal guardian in order to participate. Employees of Olympus and its affiliated companies as well as of Kur- und Tourismus GmbH Zingst are excluded from participation.
Applicants may upload their contributions to the competition, beginning on 30 October 2019, until no later than 31 January 2020, to a protected area here. Competition contributions received after 31 January 2020 will be not taken into account. A maximum of ten pictures (format: jpg, size: max. 5MB per file) may be submitted. Multiple participation in the contest is not allowed. To take part in the competition, you must register at MyOlympus. The email address given at registration is used by Olympus for all correspondence related to this competition.
2.2. Every entry to the competition must have been taken by the applicant in person and with an Olympus PEN, Olympus OM-D or Olympus E-System camera. Exif data will serve as proof. Photographs that have evidently not been taken with an Olympus camera will be removed automatically and without prior notice.
2.3. Image processing is permitted as long as the result is photorealistic. Photomontages in which picture elements have been added or removed are not permitted.
2.4. Entries with offensive, pornographic, racist, violent, discriminatory or other illegal content will be deleted and excluded from the competition.
2.5. Participants must register with MyOlympus if they do not yet have a profile. It is necessary to provide a suitable image title for each submitted image.
2.6. The mandatory information in the online form must be completed in full. Participation is not possible with incomplete information.
2.7. Each participant can subscribe to the Olympus Newsletter by clicking on the appropriate button during registration. No subscription is required to participate in the competition.
3. Prize Award and Exposition
3.1. At the conclusion of the competition, a jury shall select from among the submitted entries, those competition entries which are to be on public display during the “Emotions” exposition. In addition, the jury shall award the associated prizes (1st – 3rd place).
3.2. Winners shall receive the following prizes:
1st prize: Olympus equipment worth EUR 2,000
2nd prize: Olympus equipment worth EUR 1,500
3rd prize: Olympus equipment worth EUR 1,000
A cash payment or cash payment as part of the prize is not allowed.
3.3. The winners (first, second and third) will be invited by the sponsors to the Horizonte Zingst Environmental Photography Festival (arrival planned for 15 May 2020, departure 18 May 2020). Costs for lodging reserved by the sponsors shall be borne by the sponsors. Costs for round trip transportation (from/to the respective residence of the winner) shall likewise be borne by the sponsors. No cash payment for travel, accommodation and any meals included is allowed. The sponsors book arrival and return travel as well as accommodation for the winners. Until an express written confirmation is provided by the sponsors, no legal right is conferred for the defrayal of travel and lodging costs. Furthermore, there is no claim to costs other than those confirmed in writing to the winners in advance by the sponsors. The sponsors reserve the right to cancel the travel arrangements due to organizational reasons (e.g. cancellation of the Horizonte Zingst Environmental Photography Festival).
3.4. The entries selected by the jury will be published within the scope of the “Encounters – humans and animals” exhibition. The opening of the “Encounters – humans and animals” exhibition shall be on 17 May 2020 in Zingst. Directly after conclusion of the opening, the entries in the competition will be published additionally on the web pages www.olympus.de, www.olympus-europa.com, my.olympus-consumer.com and www.horizonte-zingst.de and also on the European social media profiles of Olympus https://www.olympus-global.com/socialmedia and the Horizonte Zingst Environmental Photography Festival.
3.5. Participants whose entries are judged by the jury as winners will be informed by email before the start of the Horizonte Zingst Environmental Photography Festival. If a winner does not claim the prize within four (4) weeks after notification is sent, but no later than one week before the opening, then entitlement to the prize shall expire and the next-place competitor shall be awarded the prize. The same rule shall apply if the next-place winner does not claim the prize within the schedule stated above.
3.6. The name of the competitor and the picture title shall be disclosed as a part of the competition. By their participation the participants declare their consent to publication of their entry in the competition and to disclosure of their name and picture title within the scope of the exposition and accompanying media coverage, on the web pages www.olympus.de, www.olympus-europa.com, my.olympus-consumer.com and www.horizonte-zingst.de , and also on the European social media profiles of Olympus https://www.olympus-global.com/socialmedia and the Horizonte Zingst Environmental Photography Festival.
3.7. Entitlement to the prize or to premiums cannot be conveyed to another person.
4. Premature Termination, Disqualification
4.1. The sponsors reserve the right to terminate or interrupt the competition at any time, without previous notice and without statement of reasons. The sponsors may exercise this right in particular when an orderly implementation of the competition cannot be assured for technical, legal or organizational reasons.
4.2. The sponsors reserve the right, at their own discretion, to disqualify certain participants from participation. This may be the case in particular when a participant violates the conditions of participation or employs dishonest means or third-party services in their participation.
5. Usage Rights
5.1. By participating, the participants grant each of the two sponsors individually and without payment a spatially and content-related unrestricted, irrevocable, sublicensable, non-exclusive right to use and to exploit and publicly display the competition entries in all known and prospectively discovered types of exploitation within the scope of the Horizonte Zingst Environmental Photography Festival, to all associated expositions, printed products and other media, and also on all web pages and Facebook pages of the sponsors, as part of the company presentation and within the spatial context of Olympus' and its affiliated companies’ marketing operations, within two years after the competition “Encounters – humans and animals” has finished, i.e. until 30 January 2022, in particular the right to reproduce, distribute, exhibit, display, make publicly available and broadcast
5.2. For the purpose of publication of the competition entries on the sponsor´s Facebook profiles, the participant grants the sponsors the right to grant Facebook a non-exclusive, global license to the competition entries in accordance with the usage conditions of Facebook. Details on the Facebook General Business Terms, and the conveyance of rights contained therein, are found here.
5.3. The sponsors shall acknowledge the participant as originator of the competition entry in the usual manner.
6. Guarantee for Legal Ownership/Indemnification
6.1. The participant affirms that he/she is entitled to all rights necessary for conveyance of rights pursuant to Article 5 and that such rights are free of third-party rights. In the case of identifiable images of persons, the consent of the person imaged is necessary both for the photograph itself and for its publication, unless the person(s) is/are merely props; in the case of identifiable imaging of minors, in addition the consent of their legal guardian is required. In the case of adolescents from 14 years of age, the imaging and publication even when the consent of their legal guardian has been provided is only permitted when not opposed to the will of the minor. Buildings and property which are the property of third parties may only be photographed from publically accessible locations, unless consent of the owner to the imaging and publication is obtained. Please note that trademarks, identifiers and works by third parties may be legally protected and may not be published or imaged without the consent of the relevant parties.
6.2. In the event that third parties enforce claims against the sponsors or against one of the sponsors due to culpable infringement of their rights by the participants in connection with the publication of the entry, then the participant shall indemnify the sponsor involved from all resulting costs, including reasonable costs for their legal defense. The participant shall support the relevant sponsor in their defense by his best efforts and shall provide to the sponsor in particular all necessary documents and evidence in this regard as defined by a reasonable estimation of the relevant sponsor. Any encumbrances on conveyed rights which become known to the participant after submittal of the entry must be reported to the relevant sponsor immediately.
7. Data Protection
7.1. Participation in the photo competition registration requires the provision of certain personal information (user name, email address). In addition, participants invited to the Horizonte Zingst Environmental Photo Festival as winners will be requested to provide the following information: name, address, mobile phone number, clothing size and food intolerances. These data will be used exclusively for the purposes of organizing the arrival and departure and stay at the festival venue. By their application the participants expressly declare their consent that the sponsors may store these data for the duration of the competition and use them for implementation and handling of the competition. The legal basis for this data processing is Article 6.1.b GDPR. You transmit the data to us on the basis of the contractual relationship (conditions of participation) between you and the sponsors.
The sponsors shall be required not to transfer the data to third parties and not to use the data – without the consent of the participant – for purposes which are not related to the competition. The participant is free at any time to withdraw from the participation via the website. In this case your data will be deleted within 10 days.
7.2. In the collection, processing and use of personal data of participants, the sponsors shall follow the legal requirements on data security, in particular the General Data Protection Regulation (GDPR), the Federal Data Security Law (BDSG) and the Telemedia Law (TMG), and shall process the personal data of participants exclusively pursuant to Section 7 herein and in accordance with the Olympus Datenschutzrichtlinie [Olympus Data Security Statement] and the principles of data processing of the Kur- und Tourismus GmbH.
8.1. Conditional on the following provisions, the sponsors shall be liable – for any legal grounds whatsoever – for all damages caused by willful or grossly negligent conduct on the part of a sponsor, their legal representatives, employees or vicarious agents.
8.2. In the case of damages caused by grossly negligent conduct by vicarious agents of a sponsor, the liability shall be limited to those damages which are typically incurred within the framework of the present contractual relationship.
8.3. In the case of damages caused by a sponsor, their legal representatives, employees or vicarious agents neither willfully nor in a grossly negligent manner, the sponsor shall only be liable for damages arising from injury to life, body and health, and/or provided a significant contractual requirement (“cardinal duty”) was violated. A duty is “significant” if it is of particular importance for attaining the purpose of the contract and whose observance the user has confidently relied upon. In case of the violation of an essential contractual obligation the limit on liability with respect to compensation of damages is governed according to Section 8.2.
8.4. Where the liability of the sponsors is excluded or limited according to the above paragraphs, this exclusion or limitation shall also apply accordingly in favor of employees of the sponsor when sued directly by the participant.
8.5. The above limitation on liability does not apply to liability arising from the Product Liability Law.
9.1. All decisions are final.
9.2. The laws of the Federal Republic of Germany shall apply, excluding the UN-purchase law.
9.3. In the event that individual provisions of these conditions be or become ineffective or invalidated, this shall not affect the validity of the remaining provisions of this agreement. The sponsors and the participants shall be required to replace the invalidated provision by a new provision which most closely reflects the legal and financial intent of the invalidated provision.
9.4. With Regulation (EU) No. 524/2013, the European Commission has created a platform for the out-of-court settlement of disputes, which can be accessed at http://ec.europa.eu/consumers/odr. We are not prepared or obliged to participate in a dispute settlement procedure before a consumer arbitration board (information in accordance with § 36 of the German law on alternative dispute resolution in consumer matters (Consumer Dispute Settlement Act - VSBG)).