1. The Competition is the Proify Amateur & Enthusiast Photography Awards.  It is an online competition that is hosted on the Website.
  2. The Competition is governed by these Terms and Conditions and, by entering the Competition, each entrant agrees to be bound by them.  Any instructions relating to the Competition on the Website also form part of these Terms and Conditions.
  3. In these Terms and Conditions, defined words have the meaning given in paragraph 44.
  1. Entry is open to any natural person, regardless of their location or nationality, who earns less than USD20,000 per year from their photographic endeavors.
  2. Minors may enter the Competition only with the consent of a parent or guardian.  A consenting parent or guardian is bound by these Terms and Conditions as if they were the entrant.  In considering whether to consent to your child’s entry, we draw your particular attention to paragraphs 35 and 36.
  1. To be a Compliant Entry:
    1. the entrant must comply with paragraph 4 and, if applicable, paragraph 5;
    2. the entrant must comply with the warranties in paragraph 35; and
    3. the entry must comply with all the requirements set out in paragraphs 7-14 below, with compliance to be determined by the Promoter in its absolute discretion.
  2. Each entry must only include original material created by the person named as the entrant.
  3. An entry must not contain:
    1. the name or any other identifying information of the entrant (excluding their image);
    2. any identifiable information (including the image) of any other person unless a Model Release is first obtained and is provided to the Promoter on request.  Where a child’s information appears in an entry, a Model Release must be obtained from their parent or guardian;
    3. any infringing, threatening, false, misleading, abusive, harassing, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic or profane content;
    4. any material that could constitute or encourage conduct which would be considered a criminal offence, give rise to civil liability or otherwise violate any law either of the Jurisdiction or any other country whose laws may apply to the entry;
    5. trademarks or copyrighted material owned (in whole or in part) by third parties;
    6. names, likenesses or other characteristics identifying celebrities or other public figures (living or dead);
    7. any elements that are non-photographic in origin, including computer generated graphics;
    8. any screen credits; or
    9. any commercial content that promotes any product or service.
  4. An entry must not infringe upon the copyright, trademark or any other intellectual property rights of any third person or violate any person’s rights of privacy.
  5. Entries will be accepted from 1st February 2016 to 31st October 2016, although there is no restriction on when entries may be created.  The Promoter may, in its absolute discretion, accept late entries at an additional fee (USD10).
  6. Entries must be submitted in accordance with the instructions set out on the Website.
  7. Entrants must choose the most appropriate Category for which their entry is submitted and clearly nominate that Category.  Only one Category per entry may be nominated, but entrants may enter the Competition as many times as they wish (including multiple entries per Category).
  8. Entries must be submitted separately and each entry must individually meet the Technical Specifications as follows:
    1. Saved as JPEG or JPG with a quality setting of 10;
    2. 1500px on the longest side at 72 DPI;
    3. Saved as 8 bit;
    4. Converted to an sRGB color space; and
    5. Must not exceed 2.5mb
  9. An entry fee must be paid for each entry submitted, as follows:
    1. 1 entry: USD25;
    2. 2 entries (submitted at the same time): USD22 per entry;
    3. 3 or more entries (submitted at the same time): USD20 per entry; and
    4. 4 or more entries (submitted at the same time) USD18 per entry
  10. The Categories are:
    1. Landscape;
    2. Street;
    3. Portrait;
    4. After Dark;
    5. Wedding;
    6. Panoramic;
    7. Retro;
    8. HDR
    9. Travel;
    10. Drone;
    11. Wildlife; and
    12. Macro.
  1. Only Compliant Entries will be judged and considered eligible for Prizes.
  2. Each Category will be judged by the individuals described as such on the Website (the Judges).  There will be no fewer than 3 Judges (including the Promoter who may be a Judge).
  3. The judging will work as follows:
    1. each Judge will score each entry out of 10; and
    2. all scores given to an entry will be averaged and multiplied by 10 to give a final score out of 100.
  4. Judging will be “blind”.  No names or other information will be provided to the Judges that enable the entrant to be identified.
  5. Entrants are referred to suggestions on the Website as to what factors may be taken into account by the Judges for each Category.
  6. All entrants will be notified via email of the score given to each Compliant Entry they have submitted.
  7. Prizes will be as follows:
    1. USD3000 for the highest scoring entry across all Categories;
    2. USD1000 for the second highest scoring entry across all Categories;
    3. USD500 for the third highest scoring entry across all Categories; and
    4. Awards for the highest scoring entry in each Category.
  8. In the event of a tie, the entries which have tied will be re-submitted to the Judges for their final judgement.
  9. Non-financial merit awards will also be issued as follows:
    1. Bronze for entries achieving a score between 70-80;
    2. Silver for entries achieving a score between 81-90; and
    3. Gold for entries achieving a score of 91 and above.
  10. Prize winners and awardees will be published on the Website [15th Dec 2016].  The Promoter reserves the right to deal with all unclaimed prizes in any manner deemed fit.
  11. Chance plays no part in determining the Prize winners or awardees.
  12. All decisions (including scores) of the Judges and, where relevant, the Promoter are final and will be binding on each entrant.  No correspondence will be entered into.
  1. Each entrant retains all copyright in their entry and the Promoter asserts no claims or rights to any image entered into the Competition except as expressly set out in these Terms and Conditions. The Promoter will only use entries in accordance with these Terms and Conditions or as otherwise specifically agreed between the Promoter and individual entrants.
  2. Prize-winning entries/awardees and any such other entries as the Promoter, in its absolute discretion, decides will be displayed in the Competition Gallery.
  3. In consideration for the Promoter accepting its Entry, each entrant grants to the Promoter, its licensees and assignees:
    1. a non-exclusive and irrevocable licence to exercise all rights in their entry, including without limitation, the right to reproduce and communicate the entry to the public in whole or in part, in perpetuity and in any media, and
    2. the right to publicize, broadcast and communicate to the public their name and/or likeness,

    in relation to the promotion of, or any matter incidental to, the Competition without financial compensation.

  4. Each entrant agrees that their entry or entries may be edited or adapted at any time by the Promoter for legal, editorial or operational reasons.
  5. It is an entrant’s responsibility to protect any entry against misuse by third parties, for example (but not limited to) by inserting a digital watermark (but not a visible watermark which could lead to identification of the entrant by the Judges).  The Promoter assumes no responsibility and is not liable for any image misuse.
  6. As a condition of accepting a Prize, a winner must sign any legal documentation as, and in the form, required by the Promoter in its absolute discretion, including but not limited to a legal release and indemnity form.
  7. The Promoter is not obliged to return any entry.
  1. By entering the Competition, each entrant warrants that:
    1. their entry or entries are their own original work;
    2. all details provided with their entry are true and accurate;
    3. they have all necessary rights and authorities to grant the Promoter the rights granted under these Terms and Conditions;
    4. use of their entry by the Promoter, in accordance with these Terms and Conditions, will not infringe the rights of any third party;
    5. their entry does not breach any law, including laws relating to minors and photographing people in public places; and
    6. the award of any Prize to them would not breach any law.
  2. Each entrant indemnifies the Promoter against any loss or damage (including all royalties, fees or other monies that may be payable to a third party) resulting from the entry of anything other than a Compliant Entry.  If a breach of the warranties is discovered following the awarding of a Prize to the relevant entrant, the Promoter may demand the return of that Prize, such Prize to be returned within 30 days of the demand.
  3. Each entrant acknowledges that the Promoter is under no obligation to use their entry, and any reproduction and/or communication of their entry to the public by the Promoter (in accordance with these Terms and Conditions) is at the absolute discretion of the Promoter.
  4. Each entrant acknowledges and agrees that:
    1. the Promoter may disclose an entrant’s personal information to its employees, contractors and agents to assist in the conduct of the Competition;
    2. the names of Prize winners and awardees may be published in accordance with these Terms and Conditions; and
    3. the Promoter may use entrants’ personal information for any promotional, marketing and publicity purposes of the Promoter, subject to privacy and spamming laws as they apply in the Jurisdiction.
  5. If there is any event that prevents or hinders the Promoter’s conduct of the Competition or the Promoter’s ability to deliver any Prize to a Prize winner, the Promoter may, in its absolute discretion, cancel the Competition and recommence it at another time under the same conditions.  Entry fees will not be refunded, but if the Competition is recommenced, then all entries will be automatically included with no further fees payable.
  6. The Promoter is not responsible for any incorrect or inaccurate information, or for the failure of any equipment or programming associated with or utilised in the Competition, or for any technical error that may occur in the administration of the Competition.  The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or distribution or unauthorised access to or alteration of entries.
  7. To the full extent permitted by the law, the Promoter will not be liable for any delay, death, injury, damages, expenses, or loss whatsoever (whether direct or consequential) to persons or property as a result of any person entering the Competition or accepting or using any Prize, including without limitation non-receipt of any Prize where that is due to the fault of persons other than the Promoter.
  8. The Competition is governed by the laws of Queensland, Australia.  Each entrant irrevocably agrees that the courts of Queensland shall have exclusive jurisdiction to hear and decide any suit, action or proceedings and/or to settle any disputes which may arise out of or in connection with the Competition and, for these purposes, each entrant irrevocably submits to the exclusive and binding jurisdiction of the courts of Queensland.
  9. All entry fees and Prize monies are to be paid via PayPal.  Any applicable currency conversions will be in accordance with PayPal policies and the Promoter accepts no responsibility for any loss or damage that may be incurred as a result of currency conversion.
  1. In these Terms and Conditions:
  1. Category or Categories means one or more (as the context requires) of the entry categories listed in paragraph 15;
  2. Competition has the meaning given in paragraph 1;
  3. Competition Gallery means the virtual gallery displayed on, or linked to, the Website;
  4. Compliant Entry has the meaning given in paragraph 6;
  5. Judge has the meaning given in paragraph 17;
  6. Jurisdiction means the State of Queensland, Australia;
  7. Model Release means a release, in the form provided on the Website, consenting to the publication of an entry in which a person’s identifiable information (including image) appears, signed by or on behalf of that person;
  8. Prize means one or more (as the context requires) of the prizes listed in paragraph 22;
  9. Promoter means Blackout Media;
  10. Technical Specifications, in respect of each Category, mean the requirements for entries in the Competition as listed on the Website; and
  11. Website is the site found at http://proify.com.