Terms and Conditions
- By participating in the Plant Photography Contest (“Photo Contest”) held by the Aquatic Quotient (“AQ”), the Participant is agreeing to be, and shall be, bound by these terms and conditions and all amendments, additions, replacements and modifications hereto as may be made from time to time by AQ. For the purposes of these Terms and Conditions, “Participant” means a person who participates in the Photo Contest by completing and submitting an online entry for the Photo Contest in the AQ forums.
- The Photo Contest is a platform for all members to explore the various aspects of plants in an aquarium/aquatic setting, and to capture these aspects via their camera.
- The Photo Contest is open to all registered members (with a minimum postcount of 10) from 02 Apr 2006 to 01 May 2006. The deadline for submission of photographs is 2359 hrs (Singapore time) 01 May 2006. There is no restriction to the number of entries each participant is allowed to submit.
- There are two categories for the submission of photographs for the Photo Contest:
Single Plant Species category
Plants in Aquarium category
- Digital photographs should be uploaded on Aquarium plant Photography Competition gallery. Minimum file size of the digital photograph should be 50 KB (and not exceed 200 KB) accompanied with properly completed description and titles.
- All costs incurred in participating in the Photo Contest shall be at the sole expense of the Participant.
- The Participant warrants that the information, details and particulars submitted by him/her to AQ are true, accurate and complete. Incorrect or incomplete entries may be disqualified from the Photo Contest.
- The Participant hereby agrees that AQ reserves the right to use all photograph(s) submitted by the Participant for the Photo Contest (“Photographs”) for any purpose that AQ deems fit including without limitation for publicity purposes, communications related to the Photo Contest and/or promoting Planted Aquaria as a hobby, and hereby grants to AQ a royalty-free and non-exclusive licence to use the copyright and all other intellectual property rights of whatever nature in such Photographs for such purposes, provided that in the event that AQ decides to use the Participant’s Photograph(s), AQ shall affix, print, or otherwise state on the appropriate form or medium, a notice to credit the source of the Photograph(s) to the Participant. In addition, the Participant shall do all things and execute all documents necessary or as may be required by AQ to enforce any of the rights promised to AQ herein.
- The Participant shall not demand or request AQ, its administrators or moderators for the return of the Photographs he/she has submitted or for any compensation for the retention of the Photographs and/or the use and/or exploitation of the rights therein;
- The Participant warrants that:
he/she has not licensed the Photographs to any third party anywhere in the world or assigned the copyright and/or all other intellectual property rights in, to or in respect of the Photographs to any third party anywhere in the world;
he/she is the sole legal and beneficial owner of all intellectual property rights in the Photographs free from encumbrances and any claims including claims by licensees, users or other third parties and is entitled to assign such intellectual property rights to AQ as contemplated under these terms and conditions.
- Adminstrators of AQ, Green Chapter and their immediate families are not eligible to participate in the Photo Contest.
- AQ will select the winners of the Photo Contest and notify all winners by 16 May 2006 with an announcement in the forum and also by Private Message or e-mail provided provided by the winners. Prizes must be claimed by the winners within two months from the date of the aforesaid notification or be forfeited. AQ’s decision concerning the winners will be final.
- Notwithstanding anything in these terms and conditions, AQ reserves the right at any time in its absolute discretion to:
- Cancel or modify the Photo Contest, or any part thereof;
- Determine and/or amend, by addition to, deletion from or variation of, these terms and conditions without prior notification, including but not limited to, the the eligibility terms and criteria for the Photo Contest, the selection of winners, and the timing and venue of any act to be done, and all Participants and winners shall be bound by such determination and/or amendments; and
- Substitute, withdraw or cancel any prize without prior notice and without having to disclose any reason thereof and without any payment or compensation whatsoever.
- All prizes are non-transferable, non-refundable and non-exchangeable for cash, credit or benefit in-kind, and are subject to any terms and conditions as may be imposed by the prize sponsors. All prizes are not inclusive of related taxes and other such expenses / costs.
- Prizes are subject to all applicable taxes and/or foreign duties (if any). Such taxes and/or foreign duties (if any) are the sole responsibility of the winners.
- By submitting an entry for participation in the Photo Contest, all winners consent to the public disclosure of their names, picture, image, and photographs for publicity purposes and to otherwise participate in the publicity activities of AQ in relation to the Photo Contest, without payment or compensation thereof.
- AQ shall not be liable for any claim, damage, loss, injury or inconvenience arising out or in connection with the Photo Contest or any prize, including the award thereof to or use thereof by any person.
- The Participant hereby releases AQ and it's team members, completely from any and all claims, demands, causes of action, expenses, damages, attorneys’ fees, obligations and suits, of any kind, in law, equity or otherwise, whether known or unknown, disclosed and undisclosed, now or hereafter arising, in connection with the Photo Contest, and/or the prizes awarded in relation thereto.
- The Participant of the Photo Contest (including his or her heirs, executors and/or administrators) hereby agrees to fully indemnify and hold AQ and it's staff (“the Indemnified Parties”) harmless from and against any and all claims, loss or damage (including but not limited to economic loss, loss of or damage to any property or injury to or death of any person and any legal costs) that may be suffered or incurred by any of the Indemnified Parties arising whether directly or indirectly from
- (a) from any negligent act or omission or wilful default, misconduct or fraud of the Participant;
- (b) from any action, claim, loss, damage, cost and expense whatsoever brought against, suffered or incurred arising from or in connection with any breach of the terms and conditions hereunder by the Participant, including without limitation a breach by the Participant of Clause 13 above;
- from any claim by a third party against any Indemnified Parties in respect of (a) and (b) above.
- AQ shall not be held liable for any failure or omission to carry out the Photo Contest in accordance with these terms and conditions or for any loss or damage suffered by the Participant if such failure, omission, loss or damage arises out of or in connection with any event of force majeure, including without limitation any calamity or conditions, acts of God, war or warlike hostilities, civil commotion, riots, blockades, embargoes, sabotages, strikes, fires, lockouts, shortages of material or labour, terrorist activity, epidemic, quarantine restrictions, health risk or any defect, failure, interruption, breakdown or malfunction of any machine, computer system, data processing system or transmission link, or any other occurrence beyond the reasonable control of AQ administraton team.
- The Photo Contest, and these terms and conditions shall be governed by and construed in accordance with the laws of the Republic of Singapore, and the Participant submits to the exclusive jurisdiction of the courts of Singapore in the determination of any matter or dispute arising in connection therewith.
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