EFNMS Photo Contest Rules

  1. Eligibility: This EFNMS Photo Contest is open only to physical persons who are 18 years or older and live and/or work in the European Union. Contest participants should be the photographers and holders of the copyrights of the submitted photo(s). Contest participants should understand that by submitting the photo, the Creative Commons license Attribution-NoDerivatives 4.0 International Public License (CC BY-ND) is applied on the picture(s) concerned (see Annexe I).

    If a contest participant is an employee working for an employer and this employee has taken the photo during working hours, there might be a contract or agreement between the employee and the employer that automatically transfers copyrights of work produced during working hours to the employer. In that case, the employee needs to have permission of the employer to participate in the EFNMS Photo contest by submitting the picture in question. The employer also needs to have given permission that the Creative Commons license Attribution-NoDerivatives 4.0 International Public License (CC BY-ND) is applied on the picture(s) concerned (see Annexe I).
  2. Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept all decisions of EFNMS and the contest jury relating to the EFNMS Photo Contest as final and binding.
  3. EFNMS Photo Contest Period: Entries will be accepted online starting 1st of June on and ending 31st July 2020. All online entries must be received before 23h59 CET, on the 31st of July, 2020.
  4. How to participate: Eligible persons need to register for the EFNMS Photo Contest by submitting a registration using the online form provided at the maintenance.photo website. The registration must fulfill all EFNMS Photo Contest requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of EFNMS. You must provide the information requested. Disqualification may occur if there are doubts about copyright or if the necessary permissions about the photo have not been given, or if the submitting author does not agree with the Creative Commons Attribution-NoDerivatives 4.0 International Public License (CC BY-ND), or if third parties can assert copyright on the photo.
  5. As a condition for entry, contest participants must ensure their pictures provide an accurate and fair representation of the scene they witnessed so the audience is not misled. This means that participants:
    1. Must maintain the integrity of the picture by ensuring there are no important material changes to the picture content.
    2. Must not intentionally set up the scene they picture by re-enacting or staging picture content.
    3. Must not pay their subjects, either in money or goods.
    4. Must ensure all provided information when submitting a picture is accurate.
    5. Must ensure the text commenting the picture provides an accurate and fair representation of its context.
    6. Must be open and transparent about the entire process through which their pictures are made, and be accountable to the EFNMS for their practice.
  6. It is allowed to submit several photos, but you need to use the same email address and your true identity.  You may not enter the contest by using multiple email addresses, identities, or devices in an attempt to hide your true identity. If you use aliases, fake identities, fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of EFNMS.
  7. By entering, you agree to give the following license under which users can use your picture: Creative Commons Attribution-NoDerivatives 4.0 International Public License (CC BY-ND), so we can print the picture in the photobook. See more information in Annexe I.
  8. Prizes: The winning picture with the most points receives a prize of €800. The picture in second place receives a prize of € 400, the third picture €200. In case of ex aequo’s, the average amount is awarded to the winners concerned. For instance, if 2 photo’s get the first place with the same amount of points, both photo’s win €600.  The prizes will be transferred to the bank account of the winners within 60 days after the closing date of the contest. The prizes mentioned are gross amounts and may be subject to taxes according to tax legislation in your country and/or according to Belgian tax legislation. It is the sole responsibility of the winners to fulfill all necessary declarations and procedures in order to comply with tax legislation. EFNMS can not be held accountable for any adverse consequences when winners fail to do so. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes and bank transfer costs, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for EFNMS to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
  9. Odds: The odds of winning depend on the number of eligible entries received. NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
  10. Winner Selection and Notification: 30 % of the points are given by popular voting using the functionality of the photo contest tool, and 70 % of the points are given by a professional jury, consisting of representatives of the members of EFNMS. The popular voting is executed through the photocontest website. The general public can vote between July 11th and September 14th 2020, 11:59 P.M.. The professional judging is executed through the EFNMS Jury.

    Each National Maintenance Society can appoint a National Jury and 1 jury chairman (m/f). Once appointed, the National Juries work independently. The National Maintenance Societies directors, staff, board, sponsors and partners can have no influence on the outcome of the judging process. The EFNMS Jury consists of the chairmen (m/f) of each National Jury. English is the sole operating language of the contest and the EFNMS Jury. The EFNMS Jury works independently and the EFNMS Chairman, Board, General Assembly and Working Groups can have no influence on the outcome of the judging process.

    Participating National Juries can give 12 points to their favorite photo, 10 points to their 2nd favorite, 8 points to their 3rd favorite, 7 points to their 4th favorite, 6 points to their 5th favorite, 5 points to their 6th favorite, 4 points to their 7th favorite, 3 points to their 8th favorite, 2 points to their 9th favorite, and 1 point to their 10th favorite. The points of all member societies will be added per photo and will consist of 70 % of the vote. Member societies failing to send in their points before August 31st 2020 will lose their right of vote.  The National Maintenance Societies concerned can be found here. The jury members of the National Maintenance Societies are governed by a set general procedures to ensure a fair judging process. National Maintenance Societies can not vote on photo’s originating from the country they are representing. 

    In order to establish the 24 selected photos and the winners of the first, second and third place, the EFNMS Jury will add points casted by the National Juries, (counting for 70% of the total score), with the points resulting from the general public vote casted through the photo contest website (counting for 30% of the total score).
  11. Winner will be notified by mail following selection of Winner. EFNMS shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 30 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this EFNMS Photo Contest is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (at EFNMS’ sole discretion) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE EFNMS Photo Contest, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
  12. Additional terms & conditions: EFNMS reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the EFNMS Photo Contest should virus, bug, non-authorized human intervention, fraud, or other cause beyond EFNMS control corrupt or affect the administration, security, fairness, or proper conduct of the EFNMS Photo Contest. In such case, EFNMS may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by EFNMS. EFNMS reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the EFNMS Photo Contest or website or violates these contest rules. EFNMS has the right, in its sole discretion, to maintain the integrity of the EFNMS Photo Contest, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by EFNMS Photo Contest rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the EFNMS Photo Contest may be a violation of criminal and civil laws. Should such attempt be made, EFNMS reserves the right to seek damages to the fullest extent permitted by law.
  13. Limitation of Liability: By entering, You agree to release and hold harmless EFNMS and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the EFNMS Photo Contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
  14. Disputes: THIS EFNMS Photo Contest IS GOVERNED BY THE LAWS OF BELGIUM WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this EFNMS Photo Contest, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this EFNMS Photo Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Belgium having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees. Participant further waives all rights to have damages multiplied or increased.
  15. Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the EFNMS website: https://www.efnms.eu/privacy-policy-data-protection/
  16. Organizer: The Organizer of the EFNMS Photo Contest is EFNMS.

Annexe I : Creative Commons Attribution-NoDerivatives 4.0 International Public License

By entering the contest, you agree that this is the license under which we can use your picture for the photobook.

By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this Creative Commons Attribution-NoDerivatives 4.0 International Public License (“Public License”). To the extent this Public License may be interpreted as a contract, You are granted the Licensed Rights in consideration of Your acceptance of these terms and conditions, and the Licensor grants You such rights in consideration of benefits the Licensor receives from making the Licensed Material available under these terms and conditions.

Section 1 – Definitions.

  1. Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. For purposes of this Public License, where the Licensed Material is a musical work, performance, or sound recording, Adapted Material is always produced where the Licensed Material is synched in timed relation with a moving image.
  2. Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, sound recording, and Sui Generis Database Rights, without regard to how the rights are labeled or categorized. For purposes of this Public License, the rights specified in Section 2(b)(1)-(2) are not Copyright and Similar Rights.
  3. Effective Technological Measures means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements.
  4. Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.
  5. Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied this Public License.
  6. Licensed Rights means the rights granted to You subject to the terms and conditions of this Public License, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Material and that the Licensor has authority to license.
  7. Licensor means the individual(s) or entity(ies) granting rights under this Public License.
  8. Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.
  9. Sui Generis Database Rights means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world.
  10. You means the individual or entity exercising the Licensed Rights under this Public License. Your has a corresponding meaning.

Section 2 – Scope.

  1. License grant.
    1. Subject to the terms and conditions of this Public License, the Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to:
      1. reproduce and Share the Licensed Material, in whole or in part; and
      2. produce and reproduce, but not Share, Adapted Material.
    2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions.
    3. Term. The term of this Public License is specified in Section 6(a).
    4. Media and formats; technical modifications allowed. The Licensor authorizes You to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For purposes of this Public License, simply making modifications authorized by this Section 2(a)(4) never produces Adapted Material.
    5. Downstream recipients.
      1. Offer from the Licensor – Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this Public License.
      2. No downstream restrictions. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.
    6. No endorsement. Nothing in this Public License constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or others designated to receive attribution as provided in Section 3(a)(1)(A)(i).
  2. Other rights.
    1. Moral rights, such as the right of integrity, are not licensed under this Public License, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise.
    2. Patent and trademark rights are not licensed under this Public License.
    3. To the extent possible, the Licensor waives any right to collect royalties from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases the Licensor expressly reserves any right to collect such royalties.

Section 3 – License Conditions.

Your exercise of the Licensed Rights is expressly made subject to the following conditions.

  1. Attribution.
    1. If You Share the Licensed Material, You must:
      1. retain the following if it is supplied by the Licensor with the Licensed Material:
        1. identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
        2. a copyright notice;
        3. a notice that refers to this Public License;
        4. a notice that refers to the disclaimer of warranties;
        5. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
      2. indicate if You modified the Licensed Material and retain an indication of any previous modifications; and
      3. indicate the Licensed Material is licensed under this Public License, and include the text of, or the URI or hyperlink to, this Public License.
      For the avoidance of doubt, You do not have permission under this Public License to Share Adapted Material.
    2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
    3. If requested by the Licensor, You must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable.

Section 4 – Sui Generis Database Rights.

Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:

  1. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database, provided You do not Share Adapted Material;
  2. if You include all or a substantial portion of the database contents in a database in which You have Sui Generis Database Rights, then the database in which You have Sui Generis Database Rights (but not its individual contents) is Adapted Material; and
  3. You must comply with the conditions in Section 3(a) if You Share all or a substantial portion of the contents of the database.

For the avoidance of doubt, this Section 4 supplements and does not replace Your obligations under this Public License where the Licensed Rights include other Copyright and Similar Rights.

Section 5 – Disclaimer of Warranties and Limitation of Liability.

  1. Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.
  2. To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Public License or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You.
  3. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.

Section 6 – Term and Termination.

  1. This Public License applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this Public License, then Your rights under this Public License terminate automatically.
  2. Where Your right to use the Licensed Material has terminated under Section 6(a), it reinstates:
    1. automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or
    2. upon express reinstatement by the Licensor.
    For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Public License.
  3. For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this Public License.
  4. Sections 1567, and 8 survive termination of this Public License.

Section 7 – Other Terms and Conditions.

  1. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
  2. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Public License.

Section 8 – Interpretation.

  1. For the avoidance of doubt, this Public License does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Public License.
  2. To the extent possible, if any provision of this Public License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Public License without affecting the enforceability of the remaining terms and conditions.
  3. No term or condition of this Public License will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.
  4. Nothing in this Public License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority.

The Creative Commons Attribution-NoDerivatives 4.0 International Public License is created by Creative Commons and is dedicated to the public domain under the CC0 Public Domain Dedication