Competition Terms & Conditions
Usage and rights
Your copyright and Recognition rights:
IGAP respects the rights of Entrants and does not claim copyright for the photographs submitted to the Exhibition/Competition. Entrants retain full copyright in submitted photographs. In addition, the Recognition rights of Entrants are respected. Whenever their work is published by IGAP (and partners) they will be credited. Failure to publish a credit due to error or oversight shall not be deemed a breach of this condition
By entering the Award, you (as an Entrant) warrant to IGAP that you created your competition entries, that you are the author of your work, you own all of the copyright in those entries, that it does not include trademarks, contract rights, or any other intellectual property rights of any other third person or entity and that the use by IGAP of the entries in accordance with these terms and conditions will not infringe any person’s intellectual property rights or other legal rights. You must not submit to the Exhibition/Competition any material that is or has ever been the subject of any threatened or actual legal proceedings or another similar complaint.
You will be responsible for any claim made by any third party in respect of your entry and to fully indemnify IGAP and its sponsors in respect of all royalties, fees and any other monies owing to any person or entity by reason of your breaching any of the foregoing. IGAP reserves the right, in its sole discretion, to disqualify any entry that does not comply with any of the above, even after the entry is submitted on the competition website.
Use of images
By entering the Competition, you agree that any work you submit may be used by IGAP (and partners) solely for purposes in connection with the Exhibition/Competition or future Awards, Exhibitions, Galleries, Auctions and any successor website These uses include:
- Judging the competition
- Printing a one-off single image for Exhibition
- Displaying entries on the IGAP website and social media
- Displaying the entries at the gallery exhibitions
- Displaying the entries in a book, magazine or exhibition catalogue, or similar
- Using the entries on posters, postcards, adverts to promote the Exhibition/Competition
- Cropping and re-sizing the work as necessary to fit pre-defined formats to promote the Exhibition/Competition
- Sub-licensing the entries to the press for reproduction in connection with the Exhibition/Competition
- Inclusion within any materials promoting the Award or any exhibition organised by IGAP
You hereby grant IGAP a non-exclusive, royalty-free licence in each entry in all media for the uses described above for three years following entry to exhibitions/competitions.
Gallery Exhibitions and Competitions
Entrants wishing to participate in IGAP ‘s exhibitions/competitions agree to their Photographs/Image being printed by IGAP and displayed at their Gallery or any other location deemed by the curator at IGAP ‘s sole discretion. These images remain the property of the entrant in the event that the entrant has pre-purchased the print. The entrant may elect to remove his pre-purchased print after the exhibition.
Entrants who elect not to pre-purchase their printed image forfeit their rights to that single printed image to IGAP who in effect have ownership of that single printed image and consequently have the right to sell/auction or dispose of the image.
You acknowledge your responsibility for protecting your entry against misuse by third parties, through means such as the embedding of metadata. IGAP (and its partners) can assume no responsibility and is not liable for any misuse of your work by third parties.
Any reproduction of entries outside of the uses listed above will occur only after receiving the Entrant’s express permission. The Entrant will be contacted and given the opportunity to negotiate any such usage with the parties concerned independently of the Exhibition/Competition.
IGAP reserves the right to change, or modify the prize at any time before the end of the Exhibition/Competition and will endeavour to inform all Entrants.
If a competition Entrant does not meet the eligibility requirements or is subject to any entry restrictions, that entrant shall not be entitled to be adjudged a winner, and will not be entitled to a prize in any circumstances and will not be entitled to a refund.
Gallery Sales and commissions
Any sales generated through Igap will incur a 30% commission on the difference between the sales price and the cost of entry. It is the responsibility of all entrants to advise Igap of the listed price they wish for their artwork. Entrants who do not wish to sell through Igap must inform Igap of their intent not to do so. Igap retains the right to sell via gallery sale, internet sales and/or auction sales
Right to cancel
IGAP reserves the right to cancel or suspend the Award at its own discretion if not capable of continuing as planned for any reason that is beyond its control.
If the Competition is cancelled in a particular month, IGAP will refund the entry fees for all Entrants of that month and will not reserve the right to use any of the submitted photographs. There will be no refunds associated with the cancellation of the Exhibitions and entrants can pick up their printed image.
Certain legislation may imply warranties or conditions or impose obligations, remedies or guarantees which cannot be excluded, restricted or modified except to a limited extent. Such legislation imposes non-excludable guarantees that goods are of acceptable quality or that services will be rendered with due care and skill (with certain remedies available to consumers for certain breaches of such guarantees). To the extent that such legislation applies, this Agreement must be read subject to those statutory provisions. If those statutory provisions apply, notwithstanding any other provision of this Agreement, to the extent that IGAP is entitled to do so, IGAP limits its liability in respect of any claim under those provisions to (at its option):
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) In the case that repair or replacement is not achievable, a refund will apply
(b) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
IGAP does offer a refund for printing services for seven days after payment or files being sent to print, whichever comes first. In the case of unrepairable damage to printed products, IGAP agrees to either reprint or refund the entrant.
IGAP bears no responsibility for any discrepancy of the perceived outcome of printed images. This includes, but is not limited to colour correction, cropping etc.
Modification of competition rules
IGAP reserves the right to change the competition rules. If this happens, all Entrants whom the changes affect will be notified by email.
IGAP will take no responsibility for the repercussions of any photograph submitted to the Competition/Exhibition nor any problems incurred by the Entrants while participating in the Competition/Exhibition.
General Terms and Conditions
Services mean competition entries, design services, exhibitions and hire of items
Products mean printed images
The Website means the website www.igap.net.au
We/Us/IGAP means Independent Gallery for Australian Photographers (ABN 63 627 715 235) and any subsidiaries, affiliates, employees, officers, agents or assigns.
You mean you, the user of the IGAP Website.
IGAP Content means all content contained on the IGAP Website (including without limitation all text, graphics, icons, advertisements, photographs, databases, trademarks and other information contained on the IGAP Website (other than Third Party Content).
Third-Party Content means content created or uploaded by a party other than IGAP, including all text, graphics, icons, advertisements, photographs, databases, trademarks and other information created and/or uploaded by such a party.
You should carefully read and agree to this Agreement each time You use the IGAP Website. IGAP may, from time to time, amend this Agreement. Any such amendments will be posted on the IGAP Website and will take effect at least fourteen (14) days after such posting. If you do not accept such amendments to the Agreement, You cannot continue to use the IGAP Website. By using the IGAP Website, You agree that the then current version of this Agreement (including any amendments effective at that time) applies to Your use of the IGAP Website
IGAP will make the IGAP Website available to you on the terms and conditions set out in this Agreement. You must use the IGAP Website only in accordance with this Agreement.
Use of IGAP Website
IGAP reserves the right to modify, discontinue the IGAP Website or any part of the IGAP Website at any time. You agree and accept that it may not always be possible to provide you with prior notification.
You must not use the IGAP Website to send or upload any content that is:
(1) is illegal, constitutes criminal content or content that might encourage any criminal activity or otherwise constitutes a basis for legal proceedings
(2) contravenes or may contravene any applicable laws, regulations, codes, or standards
(3) abusive, harassing, threatening, defamatory, offensive, humiliating, vulgar, obscene, pornographic, racist, discriminatory or invasive of another’s privacy;
(4) contains plagiarism or infringes the intellectual property of another party
(5) damages the IGAP Website or the goods and/or services offered by IGAP;
(6) transmit any unsolicited or unauthorised advertising, promotional materials, spam or similar materials; or
(7) for any unlawful purpose.
The IGAP Website and all IGAP Content are owned and operated by the IGAP or its third party licensors and suppliers. Nothing in this Agreement constitutes a transfer of any intellectual property rights. You may not distribute, reproduce, publish, alter, modify or create derivative works from any content appearing on the IGAP website. All rights not expressly granted are reserved by IGAP.
The IGAP Website may contain links to third party websites where content is not controlled by IGAP (“Linked Sites”). Links to Linked Sites are provided for convenience only. The appearance of a link to a Linked Site does not imply IGAP’s endorsement of that Linked Site or any Third Party Content. IGAP has no control over and is not responsible for any Linked Site or any Third Party Content. Accessing Linked Sites is at your own risk and, to the full extent permitted by law, IGAP disclaims all guarantees and warranties, express and implied, as to the accuracy, value, legality or otherwise of any materials or information contained on such Linked Sites and in Third Party Content.
Compliance with law
In using the IGAP Website You agree that you will act in accordance with all applicable laws and regulations and in accordance with this Agreement.
You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.
To the full extent permitted by law and subject to this agreement:
(1) IGAP excludes all representations, warranties, guarantees, terms and conditions, whether express or implied (and including, without limitation, those implied by statute, custom, law or otherwise), except as expressly set out in this Agreement.
(2) IGAP does not guarantee continuous, uninterrupted or secure access to the IGAP Website or that its servers are free of computer viruses, bugs or other harmful components or that defects will be corrected.
(3)IGAP has no liability to you whatsoever for loss or costs of any kind you suffer as a result of difficulties in using the IGAP Website.
(4) neither IGAP nor any party involved in creating, producing or delivery the IGAP Website accepts any liability for the accuracy, timeliness or completeness of the information contained on the IGAP Website or any responsibility for any errors or omissions in the content on the IGAP Website
(5) IGAP excludes all liability to you for any damages or loss (including without limitation direct, incidental, indirect, consequential, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue, profit, or loss or corruption of data) arising out of your access to, or use of, or inability to use or access the IGAP Website
Our focus in collecting information is to provide you with the best possible experience, encapsulated in safety, efficiency and easy to navigate processes. These processes will be applied in our day to day practices.
Our policies, in the interests of all IGAP users, may be altered and revised constantly to ensure greater protection and will be published on this website. IGAP encourages all users and visitors to revisit the privacy page to remain informed of any changes that may occur. These changes may be notified by email but not always.
IGAP welcomes any questions via our email, firstname.lastname@example.org or using any other email addresses published on our website.
Collection and Use of Personal information
Your personal information is gathered in order to facilitate the mechanisms of processing your submissions and or purchases. (e.g. printing), or corresponding with entrants about the Competitions/Exhibitions, in that IGAP may use this information to communicate with its customers and to provide updated information on products and services. This information is kept secure and confidential and is not shared.
We may collect, store and use the following kinds of personal information:
(1) information that you provide to us when you register to the Competitions or Printing services – your name, username, email address, social media accounts;
(2) information that you provide when submitting images to the competition/exhibition – image files and statements or image descriptions if provided
(3) information that you provide when you complete your public profile page – your name, profile picture, biographical information, uploaded images and any statement or descriptive information if provided;
(4) information that you provide for the purpose of subscribing to our email notifications and/or newsletters – your name and email address;
We may use personal information to:
(1) supply to you services or goods purchased through this website;
(2) send you our email newsletter (you can inform us at any time if you no longer require the newsletter) or other “system” emails, such as payment notifications/receipts
(3) manage complaints, feedback and queries
(4) manage our business operations and IT infrastructure, in line with our internal policies and procedures, including those relating to finance and accounting; billing and collections; IT systems operation; data and website hosting; data analytics; business continuity; records management; document and print management; and auditing ;
(5) comply with applicable laws and regulatory obligations, comply with legal process and court orders; and respond to requests from public and government authorities
TO WHOM MIGHT WE DISCLOSE PERSONAL INFORMATION?
We may disclose your personal information to any of our employees, contractors, officers, insurers, professional advisers, insofar as reasonably necessary for the purposes set out in this policy, by using our websites and services, you consent to the transfer of such information to them.
We may disclose your personal information:
(a) to the extent that we are required to do so by law;
(b) in connection with any ongoing or prospective legal proceedings;
(c) in order to establish, exercise or defend our legal rights.
Except as provided in this policy, we will not provide your personal information to third parties.
USE OF INTERNET COOKIES ONLINE
Cookies are small pieces of information that are stored by your browser on your computer’s hard drive. Our cookies do not contain any personally identifying information, but they do enable us to provide the functionality you require when visiting IGAP websites (for example, remembering search settings etc’).
You may instruct us by email (email@example.com) at any time to not process and/or delete some or all of your personal information. This will exclude data we are required to retain for accounting or security purposes, and any data we are required to retain by law.