The Better Photography Magazine Photograph of the Year 09 Competition Rules
  1. The Better Photography Magazine Photograph of the Year 09 Award is open to all non-professional photographers. A non-professional photographer does not work full time as a photographer and has earned less than AUS$5,000 in the past 12 months from photography. Members of the AIPP and similar professional organisations around the world, including Emerging Members and Student Members, are ineligible to enter.
  2. By entering the Competition, You accept these Competition Rules and their Terms and Conditions.

    The Competition
  3. Closing Date: Entries and the Entry Fee must be received by 31 December 2009.
  4. The Entry Fee is $12.50 per image. Up to twenty images can be entered.
  5. To enter, you must upload your Entry(s) via the following website: www.betterphotography.com (the 'Website'), following the on-screen instructions carefully.
  6. Each Entry must be entered into a Category. Entrants may enter all their Entries into one Category, or several Categories as they wish.
  7. The judges are looking for a professional standard of presentation and a highly creative approach or treatment.
  8. The images presented for judging must be photographic in origin and any post-production must be the work of the entrant. Images must be from original exposures made within the last 24 months of the closing date.
  9. Entrants must upload their Entries as digital files via www.betterphotography.com and comply with the following specifications:
    • RGB colour space, 8-bit;
    • Measure 2300 pixels on the longest side;
    • Be saved as a JPEG at a setting of 8 (80%) or higher.
    • Winning Entrants must also be able to provide a high resolution digital file suitable for offset printing if required.


    Judging
  10. Judging will be blind. No names or other indicators are allowed in or on the Entry that could indicate who is the author of the Entry.
  11. Each Entry will be scored by 5 separate judges. The Organiser reserves the right to replace the nominated judges should the need arise.
  12. The judging process is as follows:
    • Each Entry will be judged in its category and the judges' scores will be averaged to produce a final score.
    • The Entry with the highest final score within each Category will be deemed the Category winner.
    • In the case of a category tie, the judges' 5 individual scores for each Entry will be added together to produce a score tie calculation. The Entry with the highest score tie calculation will be deemed the Category winner.
    • In the event that Entries in a Category are still tied at the end of the judging process, those images will be re-judged to produce a Category winner.
    • The overall winner of the Better Photography Magazine Photograph of the Year will be selected by the five judges from the three category winners. This will be a process of consultation and discussion.
  13. Winners will be published on-line at www.betterphotography.com. Winners may also be published in the Organiser's associated magazines - Better Photography, Better Digital Camera and Better Photoshop Techniques.

    The Prizes
  14. There are three categories: People; Places; Creative.
  15. The Winner from each category will win a Complete Collection of Nik Software plug-ins for Photoshop (or equivalent).
  16. The Grand Prize and overall winner of the Better Photography Magazine Photograph of the Year 09 will be announced on-line on 31 January 2010. The Grand Prize is Canon, Nikon or Sony camera equipment to the value of AUS $5000, based on Recommended Retail Prices (RRP). The prize cannot be taken as cash and the Organiser reserves the right to procure the prize on the Winner's behalf.
  17. Additional non-financial Gold, Silver and Bronze Merit Awards will be will be awarded based on the averaged 5 voting scores as follows:
    Gold for scores of 90-100
    Silver for scores of 80-89
    Bronze for scores of 70-79
  18. Winning Entrants must agree to participate in related publicity and to the use of their name and likeness for the purposes of advertising, promotion and publicity without additional compensation.
  19. The decision of the Organiser is final.

    Legal
  20. You agree and acknowledge that Pt78 Pty Ltd, the publisher of Better Photography Magazine and organiser of the Photograph of the Year award (the 'Organiser') is permitted to receive Your registration data. All personal information will be used by the Organiser in accordance with its Privacy Policy.
  21. The Organiser reserves the right, at its sole discretion, to disqualify and/or remove any Entry that does not comply with the Competition Rules, or move an Entry to a more appropriate Category, even after the Entry is submitted on the Website.
  22. You warrant and represent, in respect of each Entry submitted by You, as follows:
    • You are the sole owner and author of each Entry;
    • You have the right to make Your Entry available to the Competition;
    • Each Entry presented for judging is photographic in origin. Generally this means using a camera or similar device to make the original capture, but further image manipulation and editing using image editing software is permitted. Images which are graphic design or paintings are not acceptable, unless this is incidental to the photographic content;
    • Your Entry(s) does not contain any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic or profane content;
    • Each entry does not contain 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;
    • Each entry does not infringe upon the copyrights, trademarks, contract rights, or any other intellectual property rights of any third person or entity, or violate any person's rights of privacy or publicity.
  23. Furthermore, You warrant and represent, in respect of each Entry submitted by You that it does not include:
    • trademarks owned by third parties;
    • copyrighted materials owned by third parties;
    • names, likenesses, or other characteristics identifying celebrities or other public figures, living or dead;
    • content which You have purchased or secured the rights to use, such as stock images.
  24. You agree to fully indemnify the Organiser in respect of all royalties, fees and any other monies owing to any person by reason of Your breaching any of the foregoing.
  25. You confirm that each person depicted in each Entry has granted permission to be portrayed as shown. Any costumes, props or other materials used must be rented or borrowed with the permission of the owner, and all other relevant permissions must have been obtained.
  26. The Organiser acknowledges that You the retain full ownership of the copyright in each Entry.
  27. All Entrants agree that any Entry submitted to the competition may be used by the Organiser, and its Event Partners (Better Digital Camera magazine, Better Photoshop Techniques magazine, Nik Software), for marketing and promotional purposes of the event only. You hereby grant Pt78 Pty Ltd and the Event Partners a non-exclusive, irrevocable license in each Entry throughout the world in perpetuity in all media for any use directly connected with the Competition, including, but not limited too:
    • judging the Competition;
    • displaying the winning entries (including Gold, Silver and Bronze awards or some thereof) at public exhibitions promoting the Better Photography Magazine Photograph of the Year;
    • inclusion within the Organiser's and Event partners' websites and magazines, an awards book, magazine or similar;
    • inclusion within any material promoting the competition and/or any exhibition organised by Organiser or its event partners, in the promotion of The Better Photography Awards;
    • inclusion in competition and exhibition related products to be sold by the Organiser or any third party following the individual agreement by the Entrant;
    • sub-licensing the Entries to the press for reproduction in connection with the Competition and any exhibition;
    • allowing viewers of the Better Photography website to view images on a computer screen, PDA or mobile telephone and store such pages in electronic form on disk or on a PDA or mobile telephone (but not on any server or other storage device connected to a network) for their personal, non-commercial use only;
    • being chosen and entered into promotional competitions by Organiser or its Event Partners for marketing and promotional purposes.
  28. Any photograph used by the Organiser shall carry a credit line. Any failure to provide such a credit line shall not be deemed to be a breach, as long as the Organiser uses its reasonable endeavors to rectify such failure within a reasonable period from the date of notice of such failure.
  29. You acknowledge that it is Your responsibility for protecting any Entry against image misuse by any third party, for example, but not limited to the insertion of a watermark. The Organiser and its event partners assume no responsibility and are not liable for any image misuse.
  30. The Organiser assumes 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 utilised in the Competition, and the Organiser assumes 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. The Organiser assumes no responsibility for any error, omission, corruption, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to or alteration of Entries. The Organiser is 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 the Organiser 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 Entry cannot be viewed or is not capable of running as planned, including infection by computer viruses, bugs, tampering, unauthorised intervention, fraud or technical failures, the Organiser assumes no responsibility.
  31. In no event will the Organsier, its parents, affiliates, subsidiaries and related companies, Event Partners, its advertising or promotion agencies, or its officers, directors, employees, shareholders, representatives or agents 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. 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.
  32. There are no alternatives available for prize winners.
  33. To enter online, you will need to register. While you are not required to use your real name, you do need to provide a valid email address which will be used to contact prize winners. Competition winners will be asked to prove their non-professional status.
  34. The judges will determine the winning entry in each category. If the Organiser cannot contact a winning entrant by email within a reasonable time, the judges may award the prize(s) to another entry.
  35. No late Entries accepted. All Entries are to be entered, accepted and paid by the advertised closing date, no exceptions.
  36. Entry fees and prizes are quoted in Australian dollars. Currency conversions are on screen at point of entry. The Organiser does not account or have any liability for any participant's bank fees and charges that may be levied in currency conversion and currency transaction by the participating bank or institution. Prizes are paid in AUD. Currency conversions to local currency are at winners' discretion at the time of conversion.
  37. Entry receipts for the competition are stored in your account details. Your purchase receipt will be listed there.
  38. The Organiser's decisions are final. Right of rejection and or right of refusal are at the discretion of the event Organisers and can happen at any time.
  39. All entries are subject to the laws of Australia and the state of New South Wales.
  40. All terms and conditions subject to change without notice.
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