Rules 2022 (ARCHIVED)

RULES 2022 (ARCHIVED)

RELEASED 15TH FEB 22

Updated 10 December 2022:
Maximum photos per month: 15. (before was 25)
Maximum photos per round: 15. (before was 25)

KANUNI 2022

Kupakua PDF hapa

TERMS & CONDITIONS FULL
OFFICIAL RULES Luca Memorial Shindano la Picha 2022 Toleo la Ulimwenguni Pote

Last updated: 15 Feb 2022 Rev. 0.0.1.a

Shindano lililoandaliwa na Luca Memorial ("Jeshi”) is
in no way sponsored, endorsed, administered by, or associated with Facebook,
Instagram, Twitter, Google, Linkedin or Pinterest. NO PURCHASE OF LUCA MEMORIAL
BIDHAA AU HUDUMA NI LAZIMA KUINGIA AU KUSHINDA. UNUNUZI WA LUCA MEMORIAL
BIDHAA AU HUDUMA HAIONGEZI NAFASI ZA USHINDI.

INDEX:

1. Validity of these
Sheria

2. Kufanikiwa

3. Mkataba wa Sheria

4. Contest Duration
na Rounds

5. Categories and
Category Requirements

6. Jinsi ya kushiriki

7. Jury and Judging
Mchakato

8. Winner Selection
and Notification

8.a. Kiwango Round

8.b. Mwisho wa Mwaka
Round (MWISHO)

9. Tuzo

9.a. Kiwango Rounds

9.b. Mwisho wa Mwaka
Round (MWISHO)

10. Tabia mbaya

11. Rights Granted by
You

12. Further Privacy
and Copyright

13. Terms &
Masharti

14. Limitation of
Dhima

15. Uuzaji

16. Migogoro

17. Sera ya faragha

18. Orodha ya Washindi

19. Maelezo ya mawasiliano ya mwenyeji

 

 

 

1. Uthibitisho
of these rules:

hizi
rules are applicable to the Luca Memorial Shindano la Picha 2022 Toleo la Ulimwenguni Pote
(ya "Shindano"kiwango roundkila miezi 4 na fainali ya kila mwaka round
2022. Rules can be reviewed and changed without limitations before any round
anza na kabla ya fainali round kuanza.

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 Jeshi. Yoyote
other source of information not directly managed by Host, including Facebook
shares, must be considered null by all participants.

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

 

2. Uhalali:

The Luca Memorial Toleo la Shindano la Picha Ulimwenguni Pote (the "Shindano")
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 mashindano
ni batili pale inapokatazwa na sheria. Wafanyakazi wa Jeshi, 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 mashindano.
The mashindano is subject to all applicable federal, state, and local laws
and regulations. Void where prohibited.

The mashindano Jamii inajumuisha na kukubali:

1.       CANYONS: Icy, wet and
dry canyons.

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

 

NON-REPEAT
RULE FOR WINNERS:

The MSHINDI wa a ROUND
wakati wa mwaka
(kiwango) of a cash prize/award  is ineligible
to win again a round wakati wa mwaka huo huo. HATA HIVYO:

· he/she can still present entries
during the year and opt to access the FINAL ROUND, if his entries classify as
waliomaliza.

The MSHINDI wa a
previous FINAL ROUND
(#1 PHOTO, #1 AMATEUR PHOTO) is ineligible to win
again another final round katika zifuatazo Miaka miwili. HOWEVER, he
can still present entries during the year and opt to win any STANDARD ROUND.

The USHINDI WA RANDOM
lazima iende kwa mshiriki ambaye hajapata ushindi wowote wakati wa mwisho TWO
miaka
. Therefore, are ineligible to win previous cash/product winners:
Yoyote ROUND winners and any previous RANDOM/RAFFLE winners. Are excluded from
this rule product winners of products whose retail price is less than 75$.

 

3. Makubaliano
to Rules:

By
participating, the Mshiriki (“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 Jeshi as final and binding as it relates to the content of
hii mashindano.

4. mashindano
Duration and Rounds:

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

· STANDARD ROUNDS

>Round
January – April 2022:

  Starts at 00:00
1
st January 2022.

  End at 23:59 30
Aprili 2022.

>Round
May – August 2022:

  Starts at 00:00
1
st Mei 2022.

  End at 23:59 31
Agosti 2022.

>Round
Septemba - Desemba 2022:

  Starts at 00:00
1
st Septemba 2022.

  End at 23:59 31
Desemba 2022.

 

· MALI YA MWAKA ROUND (ya 'MWISHO'):

Anza,
details and Announcement date to be announced before 15
st January 2023 by Luca Memorial
mtandao, jarida na chapisho la Facebook/Instagram (@lucamemorial.contest).

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

 

· GOLDEN PASSES TO FINALE (ya 'MWISHO'):

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

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

Jeshi 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).

 

5.
Categories and Category requirements:

entries
will be accepted in TWO categories:

1.Caving (Picha)

2. Canyoning (Picha)

 

Picha zimewasilishwa (ya
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 miundo na
mines, as well as urban caving.

· Canyoning: Icy, wet and dry
canyons.

 

entries must have been taken
during the current year (2022). NOTE: Photos taken after 25th December 12:00am CET of previous year, are considered
valid when submitted in the following year contest

·     KIASI CHA JUU KWA MWEZI: 15 photos
inaweza kuwasilishwa kiwango cha juu kwa mwezi, If more are submitted, Host can
at its sole discretion criteria, accept all of them, make a selection, or fully
disqualify the contestant.

·     UPEO WA PER ROUND: 15 photos  kwa ajili ya
participant can be submitted to the contest during a round. If more are submitted,
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.

Kukataliwa kwa maalum 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, hadi
24h before the round tarehe ya mwisho ya kufungwa.

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

Kwa mfano:

  a photo is
taken during an outing in January 2022

  that photo is
submitted to the Contest in July 2022

  THEN the photo
will compete in the May-August round ya Shindano
.

   

§ Mahitaji ya QUORUM:

Wakati wowote ROUNDKwa
category will be declared void if the minimum quorum is note reached.

  · Caving (Picha): AIDHA 120
photos
, CHAMA cha chini cha 30

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

   

If minimum quorum is
not reached in a given category, Jeshi can at its sole discretion
criteria REVOKE the contest in that category OR EXTEND the contest in that
category till next round deadline, OR MAINTEIN 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.

§ Mahitaji ya UBORA:

Wakati wowote ROUNDKwa
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
Imewasilishwa 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
wakati.

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
tarehe ya mwisho ya kufungwa.

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. Jinsi
kushiriki

6.a.   In the Luca
Memorial Mashindano ya Picha Rounds na FINALE:

mashindano is open to receive
photos  (the “Viingilio ”) submitted by photographers according to its
jamii:

§  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 mashindano lazima
entered by submitting an entry using the online fomu / s zinazotolewa kwa 
https://submit.lucamemorial.org and indicated
makundi. The entries lazima kutimiza yote mashindano 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 Jeshi. 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
ni iimarishwe.

§  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 Jeshi kama vile
ban the participation of the person suspected of cheating for life, in past and
future contests.

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

§  Members of the Jury and
those who actively organize this mashindano hawezi kushiriki katika mashindano
kama wapiga picha sawa 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, anaweza kutenda kama majaji wa hiyo
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 Jeshi about it by the contact email
imeonyeshwa kwenye
https://submit.lucamemorial.org or contest@lucamemorial.org

§  Jeshi 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 Jeshi,
kwa hiari yake pekee.

§  Kila mmoja akishiriki
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 “maudhui"), Na (2) kutoa Jeshi,
and hereby grants to the Jeshi, 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 Jeshi haki
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 JeshiAmbao,
decisions will be final and
kumfunga.         

6.b.   In random draws
and another raffles/contest organized by Luca Memorial, sambamba au kama kusimama pekee:

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

 

7. Jury
and Judging Process:

· 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
uvumbuzi.

The
selection of the Jury is made by Jeshi kwa hiari yake pekee.

#1
Entry in each category will be nominated #1 Photo Round Mshindi wa kitengo hicho.

#1
Entry made by a NON-professional (AMATEUR) author in each category 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 Jeshi, the classification is kept till year
mwisho.

 Jeshi
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.

-
Yoyote
photographer that is a photo professional (wedding photographer etc)

-
Yoyote
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 20% and a maximum of 30% from past
edition winners or past roundwapigapicha walioshinda ambao hawajashindana katika fainali
round. Uteuzi wa Jury unafanywa kwa kufuata kanuni ya awali na Jeshi
at its sole discretion, however a random and rotary turn principle will be
applied whenever possible.

Usihukumu
process will be same as in standard rounds. Picha zitashiriki katika FINAL
ROUND kushindana kabisa, bila kubainika kutoka kwa kategoria.

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

 

8.
Winner Selection and Notification:

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

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

8.a. KIWANGO ROUND

8.a.1. Kushinda Mpiga Picha

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

Mchakato wa kuhukumu
matokeo:

  · PICHA Kushinda kwa kila kategoria

  · 1 Winning AMATEUR PHOTO per photo
jamii

  · Ranking of Top 15 photos
per 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. Jeshi 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 Jeshi 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.

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

 

 8.b. MWISHO WA MWAKA ROUND
(MWISHO)

Juu 15
photos in each category of STANDARD ROUNDS itaingia MWISHO WA MWAKA ROUND.
Host can extend or reduce this size at its sole discretion and for whatever
reason, if Host believes it is justified to do so.

Jeshi
can grant “GOLDEN PASSES” 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.

Ikiwa kuna
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
scored #16, #17,… during any Round Judging process to occupy the competing
place. The ranking sequential order will be strictly followed during the
sadaka.

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

Kushinda
#1 Picha ya Mwaka will be selected by Jury selection under the
supervision of Host among all finalists’ photos, without distinction of
kategoria na round.

Kushinda
PHOTO will be nominated #1 PHOTO OF THE YEAR.

 

WARNING:

Risiti
by Winners of the prize offered in this mashindano 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 kugombea,
AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

Jeshi 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”).

Jeshi ‘s decision as to
those able to take part and selection of winners is final and
isiyoweza kubatilishwa.

Hapana
correspondence relating to the mashindano itaingizwa ndani.

 

9.
zawadi:

9.a. KIWANGO ROUNDS

For the Winning #1
PHOTO in each category: 500 USD per photographer. 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 each category: 300 USD per photographer. THIS PRIZE IS NOT
ACCUMUATIVE: if the #1 PHOTO is made by an AMATEUR, it will be assigned to next
ranked amateur photo as #2  AMATEUR. 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.

 

9.b. MWISHO WA MWAKA ROUND
(MWISHO)

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 “Prizes are not accumulative”:
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.

 

Jeshi haiwajibiki kwa
isiyo sahihi
tuzo
details supplied to any entrant by any third party connected with this
ushindani.

Jeshi 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 pamoja na Fainali Round, Kwa
whatever reason and at its sole discretion. Once a Round has started the prize
changes will not be effective on the ongoing round lakini itakuwa na ufanisi kwa wote
roundbado inasubiri kuanza.

 

The
Winner(s) of the mashindano (the “Winner”) will receive the
above-mentioned prizes. No prize substitution shall be permitted except
at Jeshi 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 Jeshi to use Winner’s name, likeness, and entry
for purposes of advertising and trade without further compensation, unless
marufuku na sheria.

10.
Odd:

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
wapiga kura.

11.
Rights Granted by You:

KUMBUKA: 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 halali @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. 

Jeshi anakiri hiyo You
kuhifadhi umiliki kamili wa hakimiliki katika kila Wasilisho.
By submitting Content
(e.g., photo, video, text, etc.), You understand and agree that Jeshi,
anyone acting on behalf of Jeshi, na Jeshi’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 mashindano,
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 mashindano.

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.

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

 

12. Further Privacy and
Copyright

Jeshi anakiri hiyo You
kuhifadhi umiliki kamili wa hakimiliki katika kila Wasilisho.
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 Jeshi juu
resolution for use, as detailed below.

Vyote
images submitted in the mashindano inaweza kutumika kwa uhuru na Jeshi
kwa online or paper publications with a label indicating the author, according
to what stated below. Entrants grant Jeshi 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 vyombo vya habari (km Jeshi
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 mashindano.
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, …)

kila Mshiriki
inawajibika kwa nyenzo zilizowasilishwa naye katika mashindano.

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

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

Waandishi
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.

 

13.
Masharti na Masharti:

Jeshi 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/contest2022/rulesww2022/

Jeshi also reserves the right
kufuta mashindano ikiwa hali zitatoka nje ya uwezo wake.

Jeshi reserves the right,
in its sole discretion, to cancel, terminate, modify or suspend the mashindano
should virus, bug, non-authorized human intervention, fraud, or other cause
Zaidi ya Jeshi’s control corrupt or affect the administration,
security, fairness, or proper conduct of the mashindano. Katika vile
kesi, Jeshi may select the Winner from all eligible entries
received prior to and/or after (if appropriate) the action taken by JeshiJeshi zimehifadhiwa
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 mashindano
au wavuti au inakiuka Sheria na Masharti haya. Jeshi ina
the right, in its sole discretion, to maintain the integrity of the mashindano,
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 mashindano 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
uendeshaji wa mashindano may be a violation of criminal and civil laws.
Should such attempt be made, Jeshi reserves the right to seek
damages to the fullest extent permitted by law.

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

14.
Mipaka ya Liability:

By
entering, You agree to release and hold harmless Jeshi na wake
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 mashindano na / au
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 mashindano; (e) electronic
or human error in the administration of the mashindano or the processing of
entries; (f) risky, hazardous or negligent behaviour of anyone taking the photo
or assisting for it.

Jeshi is not responsible
for any printing errors in any materials made available to participants. Jeshi
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 mashindano inakuwa imeathirika, au Jeshi'S
administration or fulfilment of the mashindano inakuwa haiwezekani, Jeshi
ina haki ya kumaliza au kurekebisha mashindano, and to disqualify
any individual who tampers with the administration of the mashindano.

15.
Mauzo

Ndani ya
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 Jeshi,
all profits generated resulting from the sale of such media  will remain
ndani ya Jeshi.

Kuwa Jeshi
shirika lisilo la faida, faida (ikiwa ipo) itatumika kwa ajili ya mpya pekee Mashindano:
prizes, promotion and advertising.

16.
Mizozo:

HII mashindano
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 mashindano, Mshiriki agrees that any and
all disputes that cannot be resolved between the parties, and causes of action
arising out of or connected with this mashindano, 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
itakuwa Mshiriki 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 Mshirikini halisi
out-of-pocket expenses (i.e. costs associated with entering this mashindano).
Mshiriki 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.

17.
Sera ya faragha:

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

Taarifa
submitted with an entry is subject to the Privacy Policy stated on the Jeshi tovuti.
To read the Privacy Policy:
 https://lucamemorial.org/privacy-policy/

18.
Winners List:

Rasmi
winners list will be published at
http://lucamemorial.org na / au http://submit.lucamemorial.org/
ndani ya siku 20 baada ya tarehe ya mwisho ya mashindano.

Kupata
the Winner’s name or a copy of these Official Rules, mail Your request along
with a stamped, self-addressed envelope to Jeshi. Requests must be
received no later than 45 days after the mashindano Tarehe ya mwisho.

19.
Host contact info:

The Jeshi
ya mashindano ni 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 mashindano by any other mean, will be
deemed as acceptance of these terms and conditions. You, the “Mshiriki"
participating in this contest, have affirmatively reviewed, agreed and
accepted, all above Official Rules.

The Jeshi
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. Washiriki in already
started contests might in some occasions be specifically notified of changes by
Jeshi, 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.