A quick note – we’ve created a wee explainer for these terms and conditions that can be found here, hoping to clarify the intent behind some of the terms and conditions, as we understand they may read quite harshly, but cover all the legal bases of what we are trying to achieve.
Terms and Conditions
- These Terms and Conditions outline the rules for participating in the “Christian Resources Snapped Photo Competition” Competition, referred to here as the “Competition”.
- These rules establish a contract between you (the individual signing up for the Competition) and us (Christian Resource Centre International CC28743, a registered charity in New Zealand and the promoter of the Competition, referred to in these Terms and Conditions as “Christian Resources”).
- By participating in the Competition, you affirm that you have read, understood, and agreed to these Terms and Conditions.
- Purpose of the Competition:
- You acknowledge that the purpose of the competition is to generate a portfolio of stock images able to be downloaded for a discounted rate or for free by Charities and may be used by those Charities to further their charitable purposes.
- Use of your Photos:
- By submitting photographs to this Competition, you are granting the Christian Resources unconditional rights to use your images by making them available as stock images which can be downloaded and used by charitable third parties without requiring your permission.
- Christian Resources will use its best endeavors to ensure that:
- It operates a secure portal of the photographs to which only registered charities are granted access; and
- The photographs are used only in furtherance of charitable purposes in New Zealand.
- How to enter:
- To submit a photo for entry in the competition, you must complete the online entry form at https://cr.org.nz/.
- Upon signing up for the Competition, it is mandatory to use your real name and ensure that all the information provided during the sign-up process is accurate and complete.
- The competition is free to enter.
- You can submit as many photographs as you wish; there is no limit on the number of entries.
- Entry Format and Standards:
- Acceptable entries will be photo files from either digital cameras or smart phone cameras. The photos must be over 1MB. No images supplied in hard copy will be accepted.
- Images must not include watermarks, borders, or signatures.
- Black and white images are eligible.
- Consent of Photographed Individuals:
- By uploading a photograph, you confirm that you have obtained the necessary consent from any identifiable individuals featured in the photograph and/or their parent or guardian if the identifiable individual is under 18 years of age.
- You affirm that you have informed the photographed individuals and/or their parent or guardian of the Competition and its Terms and Conditions and that they have provided their explicit permission for the photograph to be used as described herein.
- You agree to indemnify and hold Christian Resources harmless from any claims or disputes arising from the lack of proper consent or permissions obtained from photographed individual or their parents or guardians.
- Eligibility:
- The competition is open to anyone in New Zealand.
- If you are under 18 years of age, before you enter the competition your parent or legal guardian must provide their consent, agree to these terms and conditions, and ensure that you abide by them. Failure to comply may result in disqualification from the Competition and the forfeiture of any prizes.
- Prizes:
- Cash vouchers to Rubber Money online store will be awarded for prizes for first, second, and third place and several spot prizes of online subscriptions to NZ Geographic will be awarded for honourable mentions.
- Christian Resources reserves the right, at its sole discretion, to not award any prizes or to award only a portion of the initially announced prizes, based on factors such as the quality of the submissions, the number of eligible entries received, or any other relevant considerations.
- Prize draw:
- The winners will be selected and announced on September 11th 2023 by a panel of impartial and professional judges.
- Christian Resources will make reasonable efforts to contact the winners using the contact details provided. If, after two weeks, the winner has not claimed their prize, it will be forfeited, and we may award the prize to another eligible entrant.
- Ownership and Rights:
- You retain the copyright and all other intellectual property rights to their submitted photographs. However, by entering the Competition, you grant Christian Resources an irrevocable, worldwide, royalty-free license to use, reproduce, distribute, and publicly display their submitted photographs for any non-commercial purpose, including but not limited to use as stock images available for download.
- Christian Resources may assign, sublicense, or otherwise transfer the rights granted to them under these Terms and Conditions to third party registered charities. This assignment or sublicense may include the right to use, reproduce, distribute, and publicly display the submitted photographs for any non-commercial purpose.
- No Further Consent Required: You acknowledge and agree that, once Christian Resources assigns or sublicenses the rights to the submitted photographs, they may be used by the assigned or sublicensed parties without requiring any further consent or permission from you. This includes the right to modify, adapt, or enhance the photographs as deemed necessary for their intended use.
- Rights of the Assigned or Sublicensed Parties: The assigned or sublicensed parties shall have the same rights and permissions to use the photographs as granted to Christian Resources under these Terms and Conditions.
- Limitations and Responsibilities: Christian Resources shall make reasonable efforts to ensure that any assignment or sublicense of the photographs is made to reputable charitable parties and used only for non-commercial purposes. However, Christian Resources shall not be held liable for any unauthorised or misuse of the photographs by the assigned or sublicensed parties.
- Photographer Attribution and Waiver of Moral and Other Rights:
- Waiver of Moral Rights: By participating the Competition, you acknowledge and agree to waive your moral rights with respect to the submitted photographs as follows:
- Waiver of Attribution Right: You waive your right to be identified as the author or creator of the submitted photographs. You understand and agree that while Christian Resources will strive to attribute you as the photographer of your images, is not obligated to do so. You understand and agree that other Charities who download your images may use the photographs without providing any photographer identification or credit.
- Waiver of Integrity Right: You waive your right to object to any modification, adaptation, or alteration of the submitted photographs. New Zealand Charities may modify, crop, resize, enhance, or otherwise edit the photographs as deemed necessary for their intended use.
- Waiver of Withdrawal Right: Once submitted, you acknowledge and agree that you cannot withdraw or revoke the permission granted for the use of the submitted photographs. The Christian Resources may continue to use the photographs in accordance with these Terms and Conditions, even if you choose to withdraw from the Competition.
- Waiver of Distortion or Mutilation Right: You waive your right to object to any distortion, mutilation, or other modification of the submitted photographs that may be prejudicial to your honor or reputation. Christian Resources and other New Zealand Charities who download your photographs may use the photographs in a manner that may involve cropping, altering colors, or making other modifications as necessary or desired.
- No Liability: You understand and agree that Christian Resources shall not be held liable for any use of the photographs that may be perceived as derogatory, offensive, or contrary to your personal beliefs or values.
- By participating in the Competition, you expressly waive all moral rights you may have in the submitted photographs and agree that Christian Resources may exercise the rights granted to them under these Terms and Conditions without seeking any further consent or approval from you.
- Waiver of Moral Rights: By participating the Competition, you acknowledge and agree to waive your moral rights with respect to the submitted photographs as follows:
- Ownership and Intellectual Property Warranty:
- By participating in the Competition, you warrant and represent that you are the sole owner of the original copyright and all other intellectual property rights in the submitted photographs. You affirm that the photographs are your original creation and do not infringe upon the rights of any third party, including but not limited to copyright, trade mark, or any other intellectual property rights.
- Indemnification: You agree to indemnify and hold Christian Resources, its affiliates, officers, directors, employees, and agents harmless from any claims, demands, damages, liabilities, or expenses arising out of or related to any breach or alleged breach of the warranty stated in this clause. This includes any claims of infringement or violation of intellectual property rights brought against Christian Resources as a result of your submission in the Competition.
- Cooperation: In the event of any claim or dispute arising from alleged infringement or violation of intellectual property rights in relation to the submitted photographs, you agree to cooperate fully with Christian Resources and provide any necessary documentation or evidence to substantiate your ownership and rights in the photographs.
- Ineligibility for Infringing Submissions: If it is determined that the submitted photographs infringe upon the rights of any third party, Christian Resources reserves the right to disqualify your submission and remove it from the Competition and stock photo database without any liability or obligation towards you.
- Disqualification:
- Disqualification for Breach or Fraudulent Behavior: If there are reasonable grounds to believe that you are in breach of any of these Terms and Conditions, have acted fraudulently, or engaged in deceptive behavior, Christian Resources reserves the right to disqualify you from participating in the Competition and/or collecting any prizes.
- Disqualification for Failure to Meet Standards of Decency: Additionally, photographs that do not meet reasonable standards of decency may be disqualified by Christian Resources. Reasonable standards of decency encompass content that is respectful, non-offensive, and in accordance with societal norms. Christian Resources retains the sole discretion to determine whether a photograph meets these standards.
- Notification: In the event of disqualification for breach, fraudulent behavior, or failure to meet standards of decency, Christian Resources will make reasonable efforts to notify the affected participant promptly. However, Christian Resources shall not be held liable for any failure to communicate such disqualification in a timely manner.
- Privacy:
- Christian Resources will collect and use the personal information you provide when signing up for the Competition to operate the Competition and communicate with you in connection with the Competition. Additionally, Christian Resources may use this information for internal market research and to provide you with information about our products and services. However, you have the option to opt out of receiving marketing messages at any time. It is important to note that if you do not provide the necessary information required for the Competition, you may be unable to participate.
- You have the right to request access to and correction of the personal information we hold about you.
- Exclusion of liability:
- To the extent permitted by law, Christian Resources will not be held liable for any loss, damage, or injury of any kind arising from or in connection with the Competition or these Terms and Conditions.
- Indemnification:
- You agree to indemnify and hold Christian Resources, its affiliates, officers, directors, employees, and agents harmless from any claims, damages, liabilities, or expenses arising out of or relating to your breach of these Terms and Conditions.
- Assumption of Responsibility:
- You acknowledge that you are solely responsible for ensuring that your participation in the Competition, including the submission of photographs, complies with these Terms and Conditions and all applicable laws, including copyright laws. You further acknowledge that any breach of these Terms or copyright infringement is at your own risk and may result in legal consequences.
- New Zealand Law:
- These Terms and Conditions will be governed by New Zealand law. Any disputes arising from the Competition, any prize, or these Terms and Conditions will be subject to the jurisdiction of the New Zealand courts.
- Entire Agreement:
- These Terms and Conditions constitute the entire agreement between you and Christian Resources regarding the Competition and supersede any prior agreements or understandings, whether written or oral.