TERMS & CONDITIONS FULL OFFICIAL RULES Luca Memorial Photo Contest 2024 Worldwide edition

Last updated: 24 April 2024 Rev. 0.0.1.b

The Contest hosted by Luca Memorial (the “Host”) is in no way sponsored, endorsed, administered by, or associated with Facebook, Instagram, Twitter, Google, Linkedin or Pinterest. NO PURCHASE OF LUCA MEMORIAL PRODUCTS OR SERVICES IS NECESSARY TO ENTER OR WIN. A PURCHASE OF LUCA MEMORIAL PRODUCTS OR SERVICES DOES NOT INCREASE THE CHANCES OF WINNING.

INDEX:

1. Validity of these Rules

2. Eligibility

2.a Non-repeat Rule for Winners

2.b Originality requirement for winners

3. Agreement to Rules

4. Contest Duration and Rounds

4.a Golden Passes to ‘Most Liked’ featured photos

4.b Other Golden Passes to FINALE

4.c TOP50 photos selection during each Round

4.d TOP15 video selection during each Round

5. Categories and Category Requirements

6. How to participate

7. Jury and Judging Process

8. Winner Selection and Notification

8.a. Standard Round

8.b. Yearly Final Round (FINALE)

9. Prizes

9.a. Standard Rounds

9.b. Yearly Final Round (FINALE)

10. Odds

11. Rights Granted by You

12. Further Privacy and Copyright

13. Terms & Conditions

14. Limitation of Liability

15. Sales

16. Disputes

17. Privacy Policy

18. Winners List

19. Host contact info

These rules are applicable to the Luca Memorial Photo Contest 2024 Worldwide edition (the “Contest”): standard rounds every 4 months and yearly final round (FINALE 2024). Rules can be reviewed and changed without limitations before any round start as well as before the final round start.

The below rules prevail above any discrepancy with any other guideline or explanation reported elsewhere in https://submit.lucamemorial.org, https://lucamemorial.org, Facebook/Instagram post and ads, or any other web or social network managed by Host. Any other source of information not directly managed by Host, including Facebook shares, must be considered null by all participants.

Any possible discrepancy, ambiguity or misunderstanding in these rules can only be resolved by the Host, who will update these rules accordingly to correct and extend them accordingly to the needs to avoid such issues in future.

The Luca Memorial Photo Contest Worldwide edition (the “Contest”) is open only to those who sign up at https://submit.lucamemorial.org and who are 21 years of age or older as of the date of entry. Where minimum legal age is higher, participant must comply with local laws minimum age requirements. The Contest is void where prohibited by law. Employees of Host, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Contest. The Contest is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.

The Contest categories explicitly include and accept:

1. CANYONS: Icy, wet and dry canyons.

2. CAVES: Rock, ice/glacier, and underwater natural/coral caves or man-made abandoned underground structures and mines, as well as urban caving.

Entries must have been taken during the current year (2024) to opt to win any prize. NOTE: Photos taken after 25th December 12:00am CET of previous year, are considered valid when submitted in the following year contest

To distribute the prize among more winners, as well as to ensure that awarded photographers can confidently submit more amazing photos without ‘hogging it all’, we have in place some complex rules. The currently in force at any moment are stated at:  https://lucamemorial.org/enter/#NONREPEATRULE

Entries eligible to win any prize require to have a minimum originality and not be recognizably similar to past winners or already participating photos. The Host might invalidate, suspend, block or delete at any moment an Entry, when the lack of originality might be detected or determined, including:

– before, during or after conclusion of any Judging (Round or Finale). The Host will document the decision to the Jury, if Judging has already concluded.

– before, during or after conclusion of any Raffle.

The Host can at its sole discretion consider an entry is lacking originality when:

– It is recognizable as having been taken at the same geographical place than another entry already submitted in another round during the current year.

– It is recognizable as having been taken at the same geographical place than another entry already nominated FINALIST during the current or previous rounds, during the current or previous year.

– It is recognizable as having been taken at the same geographical place than another entry already nominated WINNER:

o Raffle Winners: during the current or previous year

o Round Winners, FINALE Winners or Brand/Product Award winners: during the last 10 years.

– The above rules will apply even if Entry has not been taken at the same geographical place, but still it is recognizable as very similar, clearly inspired, or strongly mimics another entry in the described above cases.

Originality compliance or non-compliance is determined at sole discretion and criteria of the Host, who reserves the right to require or not require this compliance to any entry opting to win a prize. Any taken decision is final and not subject to discussion nor opposition by any Participant.

PLAGIARISM:

The Host does not have the capacity nor the obligation to detect any plagiarism of previous year non-winning photos. Active Participant during the year who feels their photo/s from previous years have been plagiarized, copied, or closely mimicked, can appeal to Host to reject another participant’s photo. The Host will at its sole discretion invalidate, accept, or wait-and-see the appealed photo. To avoid controversy, the Host by default will wait-and-see. If the appealed photo is having chances to become a winner, the host might decide to tacitly invalidate the entry or contact its author and inform about the appeal. The author will have 7 days to reply with past evidences that might demonstrate that his or other people’s very close similar creations were well prior to the plagiarized photo date. If an own or third person prior creation or common domain (common typical photo spot, common typical photo layout, …) can be demonstrated, the Host might decide to not invalidate the entry or any received prize by the appealed photo. ´The decision taken by Host, cannot be appealed by any party.

 

By participating, the Participant (“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 the decisions of Host as final and binding as it relates to the content of this Contest.

The contest has an annual duration, all indicated times are Central European Time (CET).

· STANDARD ROUNDS

Prizes and conditions to win will be specifically announced for each Round.

The Entries will enter the contest at the date of submission, unless explicitly indicated by Host:

For example:

a photo is taken during an outing in January 2024

that photo is submitted to the Contest in July 2024

THEN the photo will compete in the May-August round of the Contest.

 

Entries received during one round (i.e. Round January-April) can still be featured in the next Round (i.e. Round May-August) and will account as valid participants in the Round when they are featured.

>Round 1: January – April 2024:

Starts at 00:00 1^st January 2024.

End at 23:59 30 April 2024.

>Round 2: May – August 2024:

Starts at 00:00 1^st May 2024.

End at 23:59 31 August 2024.

>Round 3: September – December 2024:

Starts at 00:00 1^st September 2024.

End at 23:59 31 December 2024.

 

 

· YEARLY FINAL ROUND (the ’FINALE’):

Start, details and Announcement date to be announced before 25^th January of following year by Luca Memorial web, newsletter and Facebook/Instagram post (@lucamemorial.contest).

Standard Prizes and conditions to enter FINALE win will be specifically announced before 1^st March of the present year, additional Prizes (BRAND AWARDS) will be announced before 1^st December of the present year.

Official time is CET Central European Time, unless stated otherwise.

 

4.a GOLDEN PASSES TO FINALE TO ‘MOST LIKED Featured Photos’:

Host will publish frequently “Daily Featured Photos” on its social networks. The top 50 ones with higher sum of likes on Instagram + Facebook (as per ‘4c TOP50 selection’) will enter the FINALE directly (maximum 1 entry per person). Participants will be asked to choose which entry to pass, if more than one of their entries has reached TOP50 during the different rounds.

Any photo receiving a golden pass must still comply with the eligibility rules of ‘2. Eligibility’ . The golden pass can be revoked at any moment if it is determined that the photo holding it do not comply with the required eligibility.

Host might at its sole discretion decide to assign a revoked ‘Most Liked’ golden pass to next in ranking photo, or just considering the position deserted.

4.b OTHER GOLDEN PASSES TO FINALE (the ’FINALE’):

Host might at its sole discretion award Photos of other contests organized or not by Host a “GOLDEN PASS” that would benefit the photo to directly participate in the annual FINAL ROUND of the Contest, if host considers it justified to do so.

Host might concede GOLDEN PASS as well as to photos that did not qualify as finalists, to replace disqualified photos or for any other justified reason.

Host will use this right with parsimony and attempting to minimize it to only if strictly necessary and never exceeding 15 GOLDEN PASSES/year (except when substituting disqualified finalist photos that might have generated an imbalance or vacancy). 4.c TOP50 PHOTOS SELECTION DURING EACH ROUND

Summed Instagram + Facebook likes count will be taken as the raking criteria, when two posts have the same total likes, the Reach reported by Instagram+Facebook will be accounted instead. Observation will be made between the 5^th and 15^th day of the following month after round end.

To minimize social platform algorithm bias or changes happening with time, a sampling process per month will be adopted.

For each category:

· the ranking in each month will be analysed and the Top5 posts will be elected. If any author appears in multiple months, only his highest ranked post will be kept and the rest of places will be assigned to next author in monthly ranking. A list of 20 posts with unique authors will be obtained in this way.

· another 5 posts from non-matching authors will be picked from the Round global ranking,

· summing 25 unique author posts for each category

>> This process will provide 25 unique author posts for each category (25 Caving  + 25 Canyoning) to be used for the Random drawn from round TOP50.

 

Each author will be requested to confirm which photo he selects to enter the Judging process. The author’s selected photo can be of any of featured posts of his during the Round. With no reply within 3 days by Participant, the mot liked post cover photo will be used by Host.

>> This process will provide 25 unique author photos for each category to be submitted as TOP50 photos to the Round Jury (25 Canyoning + 25 Caving).

>>SPECIAL NOTE:

All unpublished entries received during one Round, will be considered to be featured in next Rounds.

Some authors might not receive a chance to be featured during the Round, this is specially true for late received entries.

The Host, if it considers it necessary for a more equal and fair contest for those who have not had a chance to be featured, can at it sole discretion make adjustments such as:
– open the Jury evaluation to “ALL PARTICIPANTS”, in stead to only to the TOP50.
– announce extra random picks.

 

4.d TOP15 VIDEO SELECTION DURING EACH ROUND

Same as article ‘4.c’ applied to:

Without category differentiation:

· the ranking in each month will be analysed and the Top3 posts will be elected. If any author appears in multiple months, only his highest ranked post will be kept and the rest of places will be assigned to next author in monthly ranking. A list of 12 posts with unique authors will be obtained in this way.

· another 3 posts from non-matching authors will be picked from the Round global ranking,

· summing 15 unique author posts

>> This process will provide 15 unique author posts for to be used for the Random drawn from round TOP15 videos.

 

Entries will be accepted in TWO categories:

1. Caving (Photos)

2. Canyoning (Photos)

Photos submitted (the Entries) in the categories must have been taken while the below sports are being practiced, in any circumstance or situation, but not necessarily by the photographer:

· Caving: Rock, ice/glacier, and underwater natural/coral caves or man-made abandoned underground structures and mines, as well as urban caving.

· Canyoning: Icy, wet and dry canyons.

· MAXIMUM PER MONTH: no maximum

· MAXIMUM PER ROUND: no maximum · MAXIMUM PER YEAR: 10 photos per participant must be selected at year end from ALL submitted during the year. Host will request participants to make a selection approaching year end, as well as after year end. In case of lack of selection, Host can at its sole discretion criteria, accept all of them, make a selection, or fully disqualify the contestant.

Host reserves the right to reject any submitted Entries that might not suit these subjective considerations, at the sole discretion of Host.

Rejection of specific Entries that Host considers to not fulfil the criteria for admission can take place at any time, even after initial acceptation and publication in the Gallery.

§ QUORUM requirements:

During any ROUND, a category will be declared void if the minimum quorum is note reached.

· Caving (Photos): MINIMUM 120 photos, MINIMUM 30 participants

· Canyoning (Photos): MINIMUM 120 photos, MINIMUM 30 participants

If minimum quorum is not reached in a given category, Host can at its sole discretion criteria REVOKE the contest in that category OR EXTEND the contest in that category till next round deadline, OR MAINTAIN the contest in that category. When a minimum quorum is REVOKED or EXTENDED, neither PHOTO nor PHOTOGRAPHER winner will be chosen or awarded in that category during the current round.

§ QUALITY requirements:

During any ROUND, a category can be declared void and the contest in that category will be revoked due to lack of quality WHEN no valid Entries complying with the category requirements have been selected as possible winner by more than 1/3 of the Jury members. In this case Host might, at its sole discretion, decide whether to declare the category deserted or not.

Host might also, at its sole discretion, declare a category deserted due to insufficient quality of submitted Entries, if Host finds justified reasons for it, and more that 50% of the Jury members approves the decision.

In the case a category is declared DESERTED, neither PHOTO nor PHOTOGRAPHER will be chosen or awarded in that category. Host will erase all submitted entries and stop using any submitted content in future.

§ ADDITIONS, CHANGES, EXCEPTIONS, DISQUALIFICATIONS:

Host might, at its sole discretion add or change categories, add or change the accepted sports in a category, or accept as exception the participation of submitted Entries that do not strictly comply with the category requirements, if Host believes that doing this is justified for whatever reason by the circumstances.

Host will limit as much as possible the changes and additions during a standard round when already started, but Host has complete freedom to introduce changes in the rules at any time.

Host can at its sole discretion provide “GOLDEN PASSES” to any photo never submitted before to participate in the final round, for whatever reason, up to 24h before the starting date of the final round.

Host can at its sole discretion dismiss and invalidate any photo accepted to participate in a standard or final round, if Host believes that doing this is justified at its sole discretion (cheating, false or misleading information, rules objection, complaints, not worthiness, mistakes, etc.), up to 24h before the round established closure deadline.

Invalidated photos will be deleted from gallery and archive whenever possible, but they will not be erased from already published Instagram posts when doing so would require the deletion of the full post, or when the entry is embedded in an Instagram or Facebook post that would also require its full deletion.

6.a In the Luca Memorial Photo Contest Rounds and FINALE:

Contest is open to receive photos (the “Entries”) submitted by photographers according to its category:

§ Entries must have been made during an excursion while practicing the sports included in ‘5. Categories and Category requirements’, by an active participant, a spectator, or a drone.

§ The Contest must be entered by submitting an entry using the online form/s provided at https://submit.lucamemorial.org and indicated categories. The Entries must fulfil all 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 rejected at the sole discretion of Host. Entries entered in the wrong category by mistake or considered to be in the wrong category at Host discretion, might be relocated by Host.

§ The Entries theme is open. Any type of photography is permitted: B & W, vertical / horizontal, selfie, group, technique, landscape, allegorical, etc. Preferably it is invited to immortalize the natural beauty of the host region, the sports’ adventure, friendship, and shared joy: all principles and values that defined Luca Chiarabini.

§ Entries must NOT have been digitally or otherwise notably modified to change the original impression. Only some adjustment in brightness, contrast and colour saturation are allowed. In dark environments, a postprocessing digital enhancement is allowed to eliminate noise, dust and other defects, if the overall appearance of the Entries is maintained.

§ HDR is allowed. Multiple expositions Entries and panoramic photo with stitching and stacking are also accepted but only when taken consecutively at the same location.

§ For each entry, You must fill up and comply with what is being requested in the entry form at https://submit.lucamemorial.org.

§ You may not enter more times than indicated by using multiple email addresses, social networks accounts, identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, Your whole submissions may be removed from eligibility at the sole discretion of Host as well as ban the participation of the person suspected of cheating for life, in past and future contests.

§ Entries must be submitted according to the deadlines. Host reserves the right to extend these deadlines at its own criteria.

§ Members of the Jury and those who actively organize this Contest cannot participate in the Contest as Photographers in the same round that is being judged. Judges can however participate as photographers in rounds that will not be judged by them. Photographers that do not have any of their photos competing in a round, can act as judges of that round.

§ No responsibility can be accepted for entries not received for whatever reason.

§ All persons appearing in photographs must be at least the age of majority as of the date of the photograph. If the subject of an image is a minor (under the age of 18), the creator must possess a written consent from parents or legal guardian of the minor according to local law.

§ Images that have been previously published or submitted to other contests, may be submitted to this contest, but the participant is required to inform Host about it by the contact email indicated on https://submit.lucamemorial.org or contest@lucamemorial.org

§ Host may disqualify any entry that contains references which are (or promote activities that are) obscene, crude, vulgar, or derogatory of any group, or references to illegal or inappropriate activity, behaviour or conduct, or any other references that could be considered inappropriate, unsuitable or offensive, as determined by Host, in its sole discretion.

§ Each participating Photographer represents and warrants that: (A) it owns or has the necessary licenses, rights, consents and permissions: (1) to use all material and content submitted in its entry (the “Content”), and (2) to grant to Host, and hereby grants to the Host, the perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable right to use, reproduce, distribute and otherwise display the Content in any format; and (B) to its knowledge, the participant Photographer declares its Content does not violate any law or the privacy, publicity or intellectual property rights of any other person. The above license is irrevocable.

§ Each participating Photographer represents and warrants that all information contained in its entry form is/are true and accurate. Each participating Photographer grants Host the right to use its name and any information in the registration and entry form, in the Gallery as well as written and oral statements for advertising and marketing purposes, without compensation, unless otherwise prohibited by law.

§ Participating Photographers agree to be bound by these Official Rules and all decisions of the Host, whose decisions will be final and binding.

6.b In random draws and another raffles/contest organized by Luca Memorial, in parallel or as stand-alone:

§ The rules explicitly expressed for each random draw, raffle or parallel/stand-alone contest will be provided separately and independently.

§ The randomness of the draw will be certified by a third-party public record (i.e. www.randompicker.com)

· STANDARD ROUND:

A jury of minimum 3 person will be designated as Jury.

Jury members can be photographers, canyoneers, cavers or nature and photo enthusiasts, and they will evaluate the submitted photos according to a mix of their own personal criteria about beauty, technicality, creativity, impact, and innovation.

The selection of the Jury is made by Host at its sole discretion.

The #1 Entry in each category, which also complies the specific rules cited in the 2.a “NON-REPEAT Rule for Winners”, will be nominated #1 Photo Round Winner of the category.

The #1 Entry made by a Non-professional (AMATEUR) author in the alternate category, which also complies the specific rules cited in the 2.a “NON-REPEAT Rule for Winners”, will be declared #1 Amateur Photo.

‘Amateur’ participants are defined accordingly to what is reported at any moment at https://lucamemorial.org/juryconcept#AMATEURS. Classification is made according to the moment of presenting the picture to the contest. Unless revoked by Host, the classification is kept till year end.

Host reserves the right to reconfirm, check and modify the classification as NON-AMATEUR at any time, at tits sole discretion. Host will specifically consider NON-AMATEURs

– any photographer found to have publicly offer his photos to be bought in the past, disregarding if an effective sell was made or not.

– Any photographer that is a photo professional (wedding photographer etc)

– Any photographer selling photo books (main focus on the photos, not in other contents like location, story…)

· FINAL ROUND

The Jury will be composed by a minimum of 0% and a maximum of 30% from past edition winners or past rounds winning photographers not competing in the final round. The selection of the Jury is made complying the previous rule by Host at its sole discretion, however a random and rotary turn principle will be applied whenever possible.

Judging process will be same as in standard rounds. Photos will participate in FINAL ROUND competing altogether, indistinctly from category.

The winner photo will be nominated #1PHOTO OF THE YEAR.

Winners will be announced within maximum 20 days after the end of each deadline.

Once all winners are confirmed, Host will make the winner announcement on websites, newsletter and Facebook/Instagram account.

8.a. STANDARD ROUND

8.a.1. Winning Photographer

Winner will be selected by Jury selection under the supervision of Host.

Judging process result:

· 1 Winning #1 PHOTO in one category

· 1 Winning #1 AMATEUR PHOTO in the alternate category

Winning Photographer will be notified within five (5) days following Winner selection. Host is entitled to request all necessary information to control authenticity of participant and the applied bonuses, if any. Host shall have no liability for Winner’s failure to receive or reply notices, nor to provide the needed information.

Winning photographer will be required the Photo in high resolution, Winning PHOTOGRAPHER biography and winning photo circumstances.

Winners are required to make a public post about their winning on their Facebook, Instagram, Twitter and other social networks prior to receive any payment. Host will propose image and text.

Once all verifications have been completed, Winner is confirmed as valid and Host will send an award notification per email and wait for instruction of the winner where to transfer the prize. If in 3 days after any notification was sent, the Winner fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected or declared deserted, at discretion of Host.

Host reserves the right to change the above-mentioned process, at its sole discretion and for whatever reason, if Host believes it is justified to do so.

Any other parallel contest to the STANDARD ROUNDS (raffles, VOTING contests, etc) will be announced and rules set up and published separately.

8.b. YEARLY FINAL ROUND (FINALE)

All ‘TOP50 round’ photos of each ROUND will enter the FINALE (max 1 photo per participant). Participants with more than one photo as TOP50 during the year will be requested to select one. In absence of selection with the communicated deadlines, Host will make a selection.

All submitted photo during the year (maximum 10 photos per participant) will still be pre-selected and evaluated by a PRE-FINALE JURY (that can be the same or differ from the FINALE JURY). ‘TOP 50 pre-finale’ photos will enter FINALE.

Host can extend or reduce this size of ‘TOP50 round’ or ‘TOP50 pre-finale photos’ its sole discretion and for whatever reason, if Host believes it is justified to do so.

Host can grant “GOLDEN PASSES” as per ‘4.b Other Golden Passes to FINALE’, to enter directly the final round to any photo not submitted, or submitted in other contests organized or not by Host during the current year, if Host believes it is justified to do so for whatever reason.

If any finalist photo is disqualified or renounces to participate in final round, Host can grant “GOLDEN PASSES” to enter directly the final round to any photo that follows in the original ranking to occupy the competing place. The ranking sequential order will be strictly followed during the offering.

Any other parallel contest to the FINALE (VOTING contest, BRAND AWARDS, etc) will be announced and rules set up and published separately.

Winning #1 Photo of the Year will be selected by FINALE Jury selection under the supervision of Host among all finalists’ photos, without distinction of category and round.

#1 Winning PHOTO, which also must comply the specific rules cited in the 2.a “NON-REPEAT Rule for Winners”, will be nominated #1 PHOTO OF THE YEAR

WARNING:

Receipt by Winners of the prize offered in this 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 HOST’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

Host may require the prize winner to execute an affidavit of eligibility, publicity release (except where prohibited), liability waiver and/or IRS Form W-9 (if required by IRS regulations) prior to the delivery of any prize (collectively, an “Affidavit”).

Host ‘s decision as to those able to take part and selection of winners is final and irrevocable.

9.a. STANDARD ROUNDS

For the Winning #1 PHOTO in one category: 300 USD. Winners will be required to make a public post about their winning on their Facebook & Instagram prior to receive the payment. Host will propose image and text.

For the Winning #1 AMATEUR PHOTO in the alternate category: 300 USD per photographer. THIS PRIZE IS NOT ACCUMULATIVE: if the #1 PHOTO is made by an AMATEUR, it will be assigned to next ranked amateur photo. Winners will be required to make a public post about their winning on their Facebook & Instagram prior to receive the payment. Host will propose image and text.

Other prizes: product awards, random raffles etc as well as applying specific rules are subject to specific announcements during the year.

Host can revoke, amend or cancel Round prizes at any time, up to 24h before Round end.

9.b. YEARLY FINAL ROUND (FINALE)

For the Winning #1 PHOTOGRAPHER of the photo of the year: $3000 USD. Winners are required to make a public post about their winning on their Facebook, Instagram, Twitter and other social networks prior to receive any payment. Host will propose image and text.

NOTE “Cash prizes are not accumulative during the year”: for any winner already receiving for any reason any sponsorship, prize or compensation during the year by Luca Memorial, the already received sponsorship, prize, or compensation will be deducted from the new prize, and only the additional part (if any) will be awarded to the winner. Prizes are not accumulative, if the same person wins more than one prize, only the maximum prize will be awarded.

Host is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.

Host can amend, modify or cancel any of the above prizes or any of the here described rules at any moment prior to the starting date of a Standard Round as well as the Final Round, for whatever reason and at its sole discretion. Once a Round has started the prize changes will not be effective on the ongoing round but will be effective on all rounds still pending to start.

The Winner(s) of the Contest (the “Winner”) will receive the above-mentioned prizes. No prize substitution shall be permitted except at Host discretion. The prize is non-transferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes (if any), 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 Host to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.

The odds of winning as a Photographer depend on the number of eligible entries received, the quality of the photo, and the discretional taste of the Jury

The odds of winning as a Voter/Liker depend on the number of votes casted and the discretional taste of the voter to pick the photo that will end up being awarded by the Jury, and the luck of being selected randomly among all other voters.

NOTE: Our contest is an International Worldwide Contest, so we need to have our rights protected in front of a worldwide legal environment. Any non-professional photographer will have no issue in the below “rights granted by you”. IF for any professional compromise you cannot accept the rules below for some of your photos, contact us at legal@lucamemorial.org BEFORE SUBMITTING YOUR PHOTOS. We will do our best to consider your special situation, and if we found it justified, we would eventually execute in your favour a limited partial release of the rights granted by you.

Host acknowledges that You retain full ownership of the copyright in each Entry. By submitting Content (e.g., photo, video, text, etc.), You understand and agree that Host, anyone acting on behalf of Host, and Host’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, Your entry, name, portrait, picture, voice, likeness, image, statements about the Contest, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes, without any further compensation, notice, review, or consent. Non-winning entries may be used as above for a period not to exceed 3 years from the end of the annual Contest.

By entering this content, You represent and warrant that Your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If Your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Host. If the content of Your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at Your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Host from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Host may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.

(see also “chapter 12. Further Privacy and Copyright”)

Host acknowledges that You retain full ownership of the copyright in each Entry. All images submitted for consideration remain the sole property of the photographer. Entrants retain copyright over each of their images.

The winning images will be transferred free of charge to the Host in high resolution for use, as detailed below.

All images submitted in the Contest can be freely used by the Host for online or paper publications with a label indicating the author, according to what stated below. Entrants grant Host and its affiliates, subsidiaries and partners the sublicensable, non-exclusive, worldwide and perpetual right to use and exploit the submitted images without compensation in the context of sales, promotions, marketing, advertising, events and exhibitions of all kind. This includes the perpetual and worldwide use of the submitted images in any media, in particular any print-media (e.g. magazines, newspapers, books) and electronic/digital offline and online media (e.g. Host or associated websites and its affiliates, or social internet platforms and third-party networks and websites). Non-winning entries may be used as above for a period not to exceed 3 years from the end of the annual Contest. Credits will be given according to the customary practice in the media business. Whenever credit directly on photo will be aesthetically not viable or appropriate, credits in accompanying text will be used.

If photo is reproduced or used multiple time in the same unity (web site, social post, magazine, book) Host is explicitly authorized by photographer to credit only once his copyright. In particular circumstances Host can void totally the credit of the photo (banners, buttons, thumbnails, …), as long as it is made visible or available a link to a unity where the photo is duly credited (article, web site, post, video, …)

Each Participant is responsible for material submitted by him in the Contest.

The organizers of the Contest disclaim any responsibility towards competitors, third parties and any subject represented in photographs sent to the Contest.

Each competitor must be the sole author of the photographs, and images submitted must be original owned and not of a third party.

Authors who can demonstrate to have been transferred the rights and benefits of the photos from the original author (email, call, public post) will be valid. Both authors will be cited with the photo: active rights holder and original author.

Host shall have the right, at its sole discretion and at any time, to change or modify these terms and conditions, such change shall be effective immediately upon posting to the link https://lucamemorial.org/ruleswwYYYYY, where yyyy is the present year in numbers.

Host also reserves the right to cancel the Contest if circumstances arise outside of its control.

Host reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest should virus, bug, non-authorized human intervention, fraud, or other cause beyond Host’s control corrupt or affect the administration, security, fairness, or proper conduct of the Contest. In such case, Host may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Host. Host 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 Contest or website or violates these Terms & Conditions. Host has the right, in its sole discretion, to maintain the integrity of the 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 those allowed by 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 Contest may be a violation of criminal and civil laws. Should such attempt be made, Host reserves the right to seek damages to the fullest extent permitted by law.

The Host reserve the right to cancel, terminate, modify or suspend any part or all of the Contest if the Contest cannot operate as planned due to causes beyond the control of Host that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest.

By entering, You agree to release and hold harmless Host 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: (a) such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (b) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (c) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (d) unauthorized human intervention in any part of the entry process or the Contest; (e) electronic or human error in the administration of the Contest or the processing of entries; (f) risky, hazardous or negligent behaviour of anyone taking the photo or assisting for it.

Host is not responsible for any printing errors in any materials made available to participants. Host shall not be responsible for lost, late, misidentified, misdirected or incomplete entries or telecommunication or computer hardware or software performance, errors, delays or failures. If, for any reason, the fairness or integrity of the Contest becomes compromised, or Host’s administration or fulfilment of the Contest becomes impracticable, Host reserves the right to terminate or modify the Contest, and to disqualify any individual who tampers with the administration of the Contest.

In the event a physical media (e.g. book with semi-finalist images or digital edition thereof, as well as permanent or itinerant exhibition ) is produced by Host, all profits generated resulting from the sale of such media will remain within Host.

Being Host a non-profit entity, profits (if any) will be used exclusively for new Contests: prizes, promotion and advertising.

THIS Contest IS GOVERNED BY THE LAWS OF SWITZERLAND BEING LUGANO COURT THE ONLY COMPETENT, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this 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 Contest, shall be resolved individually, without resort to any form of class action, exclusively before the Court in Lugano. 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 indirect and attorney’s fees, other than Participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Contest). Participant further waives all rights to have damages multiplied, increased, punitive, incidental or consequential.

If disputes shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with said rules. The place of the arbitration shall be Geneva, Switzerland.

Entrant acknowledges that his/her personal data submitted or entered will be registered in electronic form by methods of automated data processing by Host to process the data as described in the privacy policy.

Information submitted with an entry is subject to the Privacy Policy stated on the Host website. To read the Privacy Policy: https://lucamemorial.org/privacy-policy/

Official winners list will be published at http://lucamemorial.org and/or http://submit.lucamemorial.org/ within 20 days after the deadline of the Contest.

To obtain the Winner’s name or a copy of these Official Rules, mail Your request along with a stamped, self-addressed envelope to Host. Requests must be received no later than 45 days after the Contest deadline.

The Host of the Contest is Associazione Luca Chiarabini Memorial, Via Nassa 15, 6900, Lugano.

If any term or provision set forth herein is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision set forth herein or invalidate or render unenforceable such term or provision in any other jurisdiction.

By clicking the [ENTER], [SUBMIT],[VOTE],[LIKE][CONTINUE] buttons or any similar or equivalent button, or by entering into the Contest by any other mean, will be deemed as acceptance of these terms and conditions. You, the “Participant” participating in this contest, have affirmatively reviewed, agreed and accepted, all above Official Rules.

The Host reserves the right to review and revise these Rules from time to time. You should therefore from time to time review the current Rules because they are binding on You. In case You object to the changes we may need to exclude Your respective submissions and entries from the Contest. Participants in already started contests might in some occasions be specifically notified of changes by Host, at Host discretion. You will be deemed to have accepted any such changes if we do not receive any objection in the two weeks subsequently to have sent the notification.