Capture One Dedication Competition rules
Article 1: Competition organizer, dates and theme
Phase One A/S, whose registered address is at Roskildevej 39, 2000 Frederiksberg, Denmark (hereinafter “Phase One”), registered CVR no. 17889699 is organizing a photo contest entitled “Capture Dedication photography” (hereinafter the “Competition”). The Competition is free to enter and there is no obligation to make any purchases.
The theme of this Competition revolves around dedication to photography. To enter the Competition participants, need to share a photo that represent their dedication to photography together with an inspiring caption explaining the photographers story on Instagram with the hashtag #CaptureDedication and follow @captureonepro on Instagram.
Article 2: Scope
2.1 By entering the Competition, each participant will be deemed to have accepted and be bound by these terms and conditions.
2.2 To enter the Competition participants, need to share a photo that represent their dedication to photography together with an inspiring caption explaining the photographers story on Instagram with the hashtag #CaptureDedication. The competition will be open to participants at 14:00 (CEST), Thursday 5th of April 2018, and close at 23.59 (CEST) 23rd of April 2018. The time registered by the server running the Competition shall be decisive in determining the time of submission. No other method of participation (including, but not limited to, postal applications) is valid and will not be acknowledged.
2.3 This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram, Facebook or Twitter. Instagram, Facebook and Twitter shall not be liable for any loss, damage or liability caused by matters relating to this prize draw.
2.4 All people having taken part in the organization of the Competition, either directly or indirectly, are excluded from taking part in the Competition or from winning a prize, as are members of their families. This includes, in particular, Phase One staff, and all other Phase One partners linked to the operation.
2.5 The Competition is open to any private individual; both amateur and professional photographers (Participants) aged 18 years and over (or of the age of majority in jurisdiction in their respective country), and from all over the world.
2.6 Phase One reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual anticipated breach of any applicable law or regulation or any other event outside of Phase One’s control. Any changes to the competition will be made public on the event page: www.capturededication.com
Article 3: Participation in the Competition
3.1 Each participant will be identified by his or her Instagram account. The participant must share a photo which fulfils the following criteria:
i. Uploaded to Instagram
ii. Have an inspiring caption explaining the photographers story
iii. Use the hashtag #capturededication
iv. Follow @captureonepro on Instagram
Any photo that does not meet these conditions shall be excluded from the Competition.
3.2 By submitting a photo into the Competition, each participant warrants and represents that (a) the photo is original and does not infringe the rights of any third party, including, but not limited to, portrait rights, privacy, copyright and other intellectual property rights. To this end, the participant shall ensure that he or she has authorization from any third parties who contributed either directly or indirectly to its creation and/or who may consider that they have a right upon which they may wish to rely, in particular, image rights, and shall assume responsibility for any payments that may result therefrom; (b) the participant is free to enter into and fully perform its rights under these terms and conditions and has not entered into any other arrangement, agreement or commitment which could affect its obligations hereunder. The Participant shall indemnify, hold harmless, and defend (including reasonable attorney fees) Phase One from and against any and all damages, costs, claims, arising out of or in connection with a breach of this clause 3.2.
3.3 By submitting a photo into the Competition, the participant irrevocably grants Phase One and its partners a non-exclusive, sub-licensable, transferable, royalty-free, license for a period of two years commencing on the last date on which a competition winner is announced to use the photo throughout the world for the purpose of advertising and promotional activities, including the right to reproduce, edit, adapt and publish the photo as Phase One and partners sees fit, including the right to publish it on a website and pages on social networking sites.
3.4 The participant agrees to refrain from undertaking or attempting to undertake any action in relation to their participation of the Competition that does not strictly conform to the principles of the Competition and these terms and conditions. Phase One reserves the right to perform any checks that may be required to verify the participant’s compliance with these terms and conditions.
3.5 Phase One reserves the right to disqualify any participant who interferes with the operation of the Competition or who breaches these terms and conditions. Phase One reserves the right to bring a claim against any person attempting to defraud or harm the proper operation of the Competition.
3.6 Phase One reserves the right to prolong, shorten, modify or cancel the present Competition for reasons that are not within its control. Thus, if this Competition does not take place as planned, for any reason whatsoever, e.g. following a computer virus, bug, intervention, or an external and unauthorized intrusion on the computer system, fraud, including the use of a robot allowing multiple registrations for the Competition, a technical fault or any other reason beyond the control of Phase One that corrupts or affects the management, security, fairness and proper operation of the Competition, Phase One reserves the right, at its discretion, to cancel, modify or suspend the Competition or further to end it without delay, without being held liable to any of the participants by virtue of this fact.
3.7 Phase One reserves the right to cancel the Competition, or reject an entry, if it appears that fraud has occurred in any form whatsoever, in particular IT fraud associated with participation in the Competition or in the selection of the winners.
3.8 The participant undertakes to ensure that all content (including the submitted photo and any other messages) submitted by them or posted on Instagram as part of the competition does not in any way violate any applicable rules, laws or regulations and, more particularly (without limitation):
- respects public order and is not contrary to good morals;
- respects the intellectual property rights of third parties;
- does not infringe the portrait rights of any individual;
- does not damage the reputation, private life or image of third parties;
- does not contain derogatory, defamatory, aggressive or insulting statements;
- is not of a pedophilic nature;
- does not shock minors;
- is not of a pornographic nature;
- does not harm the security or integrity of a State or of a territory;
- does not incite discrimination, whether based on sex, religion, nationality, disability, sexual orientation, age or political opinions;
- does not incite crime, hatred, violence, suicide or racism;
- does not incite people to commit crime, offences or acts of terrorism;
- does not use registered trademarks.
This list is not exhaustive.
3.9 Phase One reserves the right to refuse to publish or to withdraw and/or remove any material from their Instagram feed, without having to justify its decision and without delay or prior notification, all content (photos and/or messages) that in its opinion may breach clause 3.8 or otherwise harm the Competition or the reputation of Phase One.
Article 4: The prizes and selection of winners
4.1 There will be only one winner of each prize. Only the person who originally entered the Competition can be awarded the prize.
4.2 No other family members, friends, office associates or any other person will be able to participate on the winners’ behalf.
4.3 The prizes are as stated, are not transferable to another individual and no cash or other alternatives will be offered.
4.4 The winners will be eligible for the following prizes:
- 1st prize consists of a Photography workshop and a Capture One Pro 11 license (value 299 USD). The workshop is owned and hosted by Paul Reiffer. The prize winner can choose to go to California for 6 days: https://www.paulreiffer.com/workshops/workshop-californias-gold-rush-september-2018/
or to Shanghai for 5 days https://www.paulreiffer.com/workshops/workshop-shanghai-october-2018/.
i. California: September 15th to September 20th, 2018. Prize includes flight ticket at the maximum value of 800 USD. Prize value: Workshop, 7,388 USD, flight 800 USD, total prize value including Capture One Pro: 8,487 USD
ii. Shanghai: October 16th to October 20th, 2018. Prize include flight ticket at the maximum value of 800 USD. Prize value: Workshop, 7,098 USD, flight 800 USD, total prize value including Capture One Pro: 7,397 USD
The 1st prize photography workshops are owned and hosted by Paul Reiffer. Terms and conditions apply according to the standard terms of Paul Reiffer’s workshop.
For the workshop, Phase One A/S does not cover items of personal nature, clothing, personal insurance and any required travel documentation / visas.
Phase One will organize the flight booking and will aim to provide a flight as near as possible to where the winner lives. Costs from the winner’s location to the airport and back are the competition winner's responsibility and will not be covered by Phase One. Phase One reserves the right to select the flight tickets as they see best fit.
The first prize winner will need to choose to go to Shanghai or California no later than April 30th.
- 2nd prize is a professional photography editing setup including a Wacom MobileStudio Pro 16 i7 512GB (value 3,000 USD) and a Capture One Pro 11 license (value 299 USD)
- 3rd prize is a Wacom Intuos Pro, Medium (value 350 USD) and a Capture One Pro 11 license (value 299 USD)
4.5 The winner will be selected by a jury from Phase One and Wacom.
4.6 Phase One is not responsible for inaccurate prize details supplied to the participants by third parties connected to this Competition.
4.7 Phase One reserves the right to change or otherwise amend the prize on grounds of reasonableness and fairness.
4.8 Phase One’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
4.9 The first prize winner will receive the prize digitally through email when contact is established with Phase One.
4.10 The second and third prize winner will receive the Wacom tablets by post and the Capture One licenses digitally when contact is established with Phase One.
4.11 The decisions of the jury shall be made principally on the following criteria:
- the relevance of the Competition theme
- the quality of the image, and
- the story behind the image
4.12 The participants are informed that the jury is not obliged to select a winner if the quality of the photos entered by the participants in the Competition is not judged to be sufficiently high.
Article 5: Taking possession of the prizes
5.1 The announcement of the winner shall be made on or around 27th of April 2018 via @CaptureOnePro Instagram account. The winners will be informed by PM through the relevant platform by 24th of April 2018. Each winner will be asked to supply their address and contact details.
5.2 If Phase One does not receive a response from the winner of a prize within 2 days of being notified, Phase One reserves the right, within its sole discretion, to deem the prize as unaccepted and to offer the prize to an additional entrant.
5.3 In the event the winner is unable to accept the prize, in whole or in part, for any reason whatsoever he or she will lose the benefit thereof without the possibility of compensation. A new choice will then be made by the Jury from amongst the other participants. If you win, Phase One may verify that you were eligible to participate in the Competition before delivering your prize.
5.4 The participant is responsible for any costs, taxes, duties or levies incurred as a result of participating in or winning the Competition in his or her country of residence. The participant hereby unconditionally accepts to bear any such tax, duty or other levy on behalf of participant and/or an accompanying guest. With the exception of the prize taxes imposed in Denmark, the participant shall indemnify, hold harmless, and defend (including reasonable attorney fees) Phase One from and against any and all costs, taxes, duties, levies and penalties imposed on Phase One in connection with the participant taking part in or winning the Competition.
5.5 The information entered by the participant shall be binding upon him or her upon confirmation thereof. Phase One reserves the right to verify the information provided by the participants. The participant undertakes to complete the registration form in good faith, and to provide Phase One with correct, non-falsified information. The participant must complete all fields, except those that are not marked as required. Competition entries shall be cancelled if they are incorrect, incomplete, falsified or undertaken in a way that contravenes these rules.
5.6 Phase One is not liable for any issues, delays, cancellations, etc. concerning the prize that arises from any third party involved and will not compensate the prize winner.
5.7 Where the prize includes air travel, either international or domestic:
5.7.1 The winner takes the prize entirely at his/her own risk. Phase One is not liable in respect of any claim for any accident, injury, property damage or loss of life that may occur in connection with the prize.
5.7.2 The winner MUST have valid documentation, including but not limited to valid passports and Visas, which meet the requirements of immigration and other government authorities at every destination.
5.7.3 Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities (including any costs associated with delay) will be the sole responsibility of the winner.
Article 6: Disputes
6.1 These terms and conditions as well as the Competition shall be governed by the laws of Denmark and the competent court in Copenhagen, Denmark shall have exclusive jurisdiction over any dispute (including any non-contractual disputes) arising out of or in connection with these terms and conditions.
6.2 If any provision of these terms and conditions is held to be invalid or unenforceable, the remaining provisions of these terms and conditions will remain in full force and effect to the fullest extent permitted by law.
6.3 No claim of any sort may be brought concerning all or part of the Competition after a period of two months, commencing at the end of the Competition.
Article 7: Data protection
7.1 Phase One shall process any personal data which it obtains from the participants in accordance with the Danish Data Protection Act.
7.2 Personal Data shall be processed for the purpose of running this Competition as well as awarding and arranging the prizes. Consequently, it may be necessary to transfer Personal Data to Phase One’s affiliates and or partners for the said purpose.
7.3 Phase One reserves the right to publish the full name of the winner on Capture One and Wacom’s website, Instagram, Facebook and Twitter pages.
7.4 By entering this prize draw you agree that your name, image, biography (including country), likeness or any other relevant information may be used by Phase One for unpaid promotional related publicity (including photographic shots and interviews).
7.5 To the extent required by any mandatory law, by accepting these terms and conditions, participants shall consent to the processing of Personal Data as set out herein.
Article 8: Liability
8.1 Except in the case of gross negligence or willful misconduct, Phase One shall not be liable for any whatsoever damages whether suffered or claimed by the participants in connection with the Competition. The liability of Phase One is strictly limited to the value of the prize pursuant to clause 4 that has been effectively and validly won, subject further to the terms and conditions set out herein.
8.2 Phase One shall not be held liable for any problems related to the Internet itself or for any intrusion, attempted intrusion or fraud leading to failures in the administration, security, fairness, integrity or management of the challenge. In particular, Phase One shall not be liable for any errors, omissions, interruptions, deletions or loss of any electronic mail, and more generally, the loss of any data as a result of this.
8.3 Phase One shall not be held liable for heavy Internet traffic, the quality of the users’ equipment, or for the quality of their Internet access, which may have repercussions for the response speed or the connection time required to participate in the Competition. Thus, the responsibility of Phase One shall not be engaged if the electronic registration forms are not recorded, are incomplete or cannot be verified.