1.1. To qualify to enter the competition, you must be over 18 years of age.
1.2. By entering the competition, you hereby accept these competition rules.
1.3. Entries must be submitted no later than the deadline listed on the competition URL, afar.com/photoawards
1.4. The competition is open to EVERYONE, 18 years and older, professional and amateur photographers alike. Employees of AFAR Media and its partners in this competition, United Airlines, Inc., and its affiliated companies (collectively, “United”), and illy caffè North America, Inc., may enter, but are not eligible to win any prizes. CONTEST IS VOID WHERE PROHIBITED.
1.5. By entering the competition, you agree and acknowledge that AFAR Media and its partners are permitted to receive your registration data. Participants agree that personal data including, but not limited to, name, mailing address, phone number, and email address may be collected, processed, stored and otherwise used for the purposes of conducting and administering this photo competition. Phone numbers will be used only to contact you regarding your entry in this competition, and not for any other promotional purposes. At any time, participants have the right to access, review, rectify or cancel any personal data held by AFAR or its partners by sending an email to the following address privacy@afar.com and contacting its partners on https://www.united.com/ual/en/us/fly/privacy.html and https://www.illy.com/en-us/shop/privacy-policy-in-form/privacy-policy-page.html.
2.1. To enter the competition, you must submit your entries to the competition URL, afar.com/photoawards. Participants must also pay the applicable entry fee and complete the submission form in order to be considered for the competition. 25% of entry fee goes to Learning AFAR, which is a travel scholarship program for students from low-income backgrounds and for those with mixed abilities. Driven by the belief that travel is the best education, the program’s goal is to help youth to have the opportunity to explore their world, realize their potential, and transform their communities through their experiences. Since Learning AFAR was founded, we have sent more than 1200 young people on transformative trips to places like Cambodia, Costa Rica, Mexico, China, Peru and the southwestern USA. Entry fees are not refundable for any reason, including non-acceptance or disqualification.
2.2. Photographs must be in digital format. Only online entries will be eligible. No print or film entries will be accepted in the competition. The photograph need not be taken with a digital camera; scans of negatives or transparencies are acceptable. All digital files must be 10 megabytes or smaller, must be in JPEG or .jpg format, and must be at least 1,600 pixels wide (if a horizontal image) or 1,600 pixels tall (if a vertical image).
2.3. If a photograph is selected for final judging, entrants must be prepared to provide the following: (a) RAW files (eg. CR2, .NEF, .ORG, .PEF etc.), original untouched JPEGs, will be required for authentication, or (b) if a RAW file was not created, the entrant will be required to provide a minimum of five images taken consecutively before and after the submitted file.
2.4. ICC profile must be embedded. AdobeRGB, sRGB or grayscale Gamma 2.2 are recommended. No CMYK.
2.5. Photographs must have been taken within two years before the date of entry and may not previously have won an award from AFAR, United or illy caffè North America, Inc.
2.6. Elements of the photo cannot be altered in any manner, including the following prohibited changes: adding, removing, rearranging, inversing, or distorting or removing subjects and/or objects from the image. Additionally, the following alterations, but not limited to, are not allowed: removal of dirt, bubbles, debris. Cloning or altering pixels, in any manner, is not permitted. Composite imagery is not acceptable. Adjusting color or conversion to grayscale is permitted, with the exception of significant changes in color or hue are not acceptable. The submitted image should reflect the original image captured in camera. AFAR reserves the right to examine the original photograph/source material in order to confirm compliance with the rules.
2.7. Each photograph entered into the competition must be the entrant’s own produced work and may not feature or focus on any material owned or controlled by third parties (unless the entrant can provide written documentation of permission to use any materials owned by a third party as set forth below or in a form and substance determined by AFAR in its sole discretion). The entrant must provide upon request all appropriate clearances, permissions and releases (including but not limited to releases from all persons appearing in any photograph, location releases, and releases from all creative consultants or others who assisted in the work) for the entry in a form and substance determined by AFAR in its sole discretion (in the event an entrant cannot provide all required releases, AFAR reserves the right, in AFAR’s sole discretion, to disqualify the applicable photograph, or seek to secure the releases and clearances for AFAR’s and its partners’ benefit, or allow the applicable entry to remain in the competition). Watermarks on any photographs are unacceptable.
3.1. Entries will be evaluated in accordance with criteria set by AFAR in its sole discretion. All entries must be submitted and received by September 18, 2019 at 11:59:00 p.m. EST. Proof of submission is not proof of receipt. Entries must be made by the authorized account holder of the e-mail address submitted at the time of entry.
3.2. Entries will be reviewed and pre-screened by judges selected by AFAR, who will select the winners. The decisions of the judges are final.
3.3. Once a photograph is entered, it may be made available on the websites and/or social media accounts of AFAR and its partners, United and illy caffè North America, Inc., for viewing by the general public and any such posting will be deemed made at the direction of the entrant. Public postings will include credit to the entrant. In addition, the full name of each entrant whose work is selected as a winner or finalist will be published on the winners’ page, at a gallery in San Francisco where the winning photographs will be on display, and in AFAR magazine.
3.4. Cash prizes will be paid by wire transfer or other electronic methods. Any fees incurred for foreign currency transfers will be deducted from the winning amount. Cash prizes are as follows: Grand prize winner will receive $5,000 USD and category winners will receive $2,000 USD each.
3.5. No cash alternatives will be offered for any prizes unless otherwise noted, at AFAR’s sole discretion.
3.6. The grand prize winner will be eligible to receive two Polaris round trip international business class tickets to anywhere United flies. The winner is required to provide notice to AFAR Media at least 60 day prior to intended departure of the departure airport, destination airport and dates of travel with their travel details. Winner must claim the prize and book flights within 1 year of the winner announcement date on November 7, 2019. United will use its best efforts to book the most convenient and space available option. No changes are allowed after booking. Flights must be United operated, no Star Alliance Partner flights permitted. The winner is responsible for all travel and related costs associated with this prize.
3.7. Each of the five category winners will also receive one case of ground drip classico coffee ($90 value per case). The grand prize winner will receive one illy X7.1 iperEspresso machine in black and one year of coffee, defined as 12 cases of iperEspresso capsules (estimated value: $1,368 for the coffee and $295 for the machine). These prizes will be sent by the least expensive method of shipping available to the nearest available point to the shipping address provided in the entry. illy caffè North America, Inc. product prizes cannot be shipped outside of the U.S. We are not responsible for timely delivery to problems associated with delivery, including address not found, no one to receive delivery, falsified receipt, etc.
4.1. If the photograph contains any material or elements that are not owned by the entrant and/or which are subject to the rights of third parties, and/or if any persons appear in the photograph, the entrant is responsible for obtaining, prior to submission of the photograph, any and all releases and consents necessary to permit the exhibition and use of the photograph in the manner set forth in these rules without additional compensation. If any person appearing in any photograph is under the age of majority in their state/province/territory of residence the signature of a parent or legal guardian is required on each release.
4.2. Upon AFAR’s request, each entrant must be prepared to provide (within seven calendar days of request) a signed release from all persons who appear in the photograph submitted, and/or from the owner of any material or venue that appears in the photograph, authorizing AFAR and its partners and other licensees to reproduce, distribute, display, and create derivative works of the photograph in connection with the competition and promotion of the competition, in any media now or hereafter known. Failure to provide such releases upon request may result in disqualification at any time during the competition and selection of an alternate winner.
5.1. Each person who enters this competition represents and warrants as follows: (a) except as set forth herein, each photograph submitted is the entrant’s own, produced by entrant; (b) the Submission does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (c) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (d) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant hereby agrees to indemnify and hold AFAR and its partners harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
5.2. You agree to fully indemnify AFAR, and its partners United and illy caffè North America, Inc. for any breach of your representations of your warranties under these rules, including specifically with respect of all royalties, fees and any other monies owing to any person by reason of your breaching any of the foregoing.
6.1. AFAR and its partners recognize you retain full ownership of the copyright in each photograph that you have submitted.
6.2. You hereby grant to AFAR, United, and illy caffè North America, Inc. the right to reproduce, distribute, display and create derivative works of your photographs submitted (along with a name credit) in connection with the competition and the marketing, advertising and promotion of the competition, in any media now or hereafter known, for no additional compensation, including nondigital media such as (without limitation) in AFAR magazine and in a physical exhibition to be undertaken after the competition.
6.3. Any photograph used by AFAR, United and illy caffè North America, Inc. shall carry a credit line. Any failure to provide such credit line shall not be deemed to be a breach, as long as AFAR and its partners use reasonable endeavors to rectify such failure within a reasonable period from the date of notice of such failure.
6.4. You acknowledge that AFAR and its partners assume no responsibility and are not liable for any image misuse.
6.5. AFAR and its partners assume no responsibility for any incorrect, inaccurate or incomplete information, whether caused by website users or by any of the equipment or programming associated with or utilized in the competition, and assume no responsibility for technical, hardware or software failure of any kind, for lost network connections, garbled computer transmissions, other problems or technical malfunctions with regard to the competition. AFAR, and its partners assume no responsibility for any error, omission, corruption, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of entries. AFAR and its partners are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, computer equipment, software, failure of any e-mail addressed to AFAR on account of technical problems, human error or traffic congestion on the internet or any website, or any combination thereof, including any injury or damage to your or any other person’s computer related to or resulting from participation or downloading any materials in the competition. If for any reason a contestant’s photograph cannot be viewed or is not capable of running as planned, including infection by computer viruses, bugs, tampering, unauthorized intervention, fraud or technical failures, AFAR and its partners assume no responsibility.
6.6. In no event will AFAR, United, illy caffè North America, Inc., their members, event partners or their officers, directors, employees, be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential, special or punitive damages arising out of any contestant’s access to and use of the website and participation in the competition. Without limiting the generality of the foregoing, everything on the Website is provided “as is”, without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for purpose or use or non-infringement.
6.7. You agree to participate in related publicity and to the use of your name and winning images for the purposes of advertising, promotion and publicity for AFAR, its partners United and illy caffè North America, Inc. and the competition without additional compensation.
6.8. AFAR shall have no obligation (express or implied) to use any photograph, or to otherwise exploit any entry or, if commenced, to continue the distribution or exploitation thereof, and AFAR may at any time abandon the use of any entry for any reason, with or without legal justification or excuse, and contestants shall not be entitled to any damages or other relief by reason thereof.
7.1. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR PARTNER IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES OF AMERICA AND THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
7.2. By participating in this competition, you agree: (i) that any and all disputes you may have with, or claims entrant may have against, AFAR and its partners relating to, arising out of or connected in any way with (a) the competition, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in San Francisco, California; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these rules and any other applicable provisions referenced herein; (v) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only parties’ individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant, AFAR, or its partners or other partners.
