1.1. These License Terms and Conditions of the “NEWS PHOTO AWARDS OVERCOMING COVID” international professional photo contest (hereinafter referred to as the Photo Contest) determine the procedure for providing the Organizer (Federal State Unitary
Enterprise “Information Telegraph Agency of Russia (ITAR-TASS)” (location: 10-12 Tverskoy Blvd., Moscow 125993, PSRN: 1037700049606, TIN 7703082786, CRR 770301001) (hereinafter referred to as the Organizer)) with a simple (non-exclusive) license for photographs uploaded by the Participant.
1.2. By submitting the Application to participate in the Photo Contest, Participants agree to these License Terms and Conditions and all Contest Documentation, and from the date of submitting the Application and uploading a photograph to the Website, they grant the Organizer a simple (non-exclusive) license to use the photographs for the Photo Contest-associated purposes, namely, for publishing the photographs on the Website, in Photo Contest communities and in social media, for mass media coverage of the Photo Contest, inclusion in printed products published in the framework of the Photo Contest, in connection with the promotion of the Photo Contest in any currently existing or future media, including, but not limited to, printed or digital publications, as well as on Internet websites and in advertising promotional materials and campaigns associated with the Photo Contest.
The Participant confirms his/her consent to the disclosure (if applicable) and/or publication of his/her photographs for participation in the Photo Contest.
The license shall be granted to the Organizer free of charge for the entire duration of the exclusive right and shall be worldwide.
The Organizer will be exempt from paying any remuneration or having to request any additional consent in connection with such use.
In some cases, the Organizer may require the Participant to additionally sign documents confirming that the Participant has granted the license for the photographs to the Organizer (in particular, in accordance with the procedure provided for in Cl. 1.5 hereof).
The Organizer may fully or partially transfer the rights to use the photographs to third parties, including Co-Organizers, their designees, licensees and affiliates, within the rights specified in this Clause, and in connection with implementation of the purposes for which the photographs are provided.
1.3. The Photo Contest Organizer may perform actions in accordance with the powers granted to it by Clause 1.2. hereof, including, but not limited to:
1.3.1. Publish and post photographs on any page of the Website, as well as in the social media accounts of the Organizer and Co-Organizers;
1.3.2. Provide printed or digital photographs for assessment by the Contest Jury;
1.3.3. Use the works of Photo Contest Participants in any printed and digital media to inform the public about the Photo Contest and its results;
1.3.4. Use the works of Participants to prepare photo albums, information booklets, digital media and other products that support the Photo Contest and form an integral part of the Contest procedure;
1.3.5. Use the work of Participants in the future for specialized events promoting the Photo Contest;
1.3.6. Submit photographs to the Photo Contest Co-Organizer for the further placement of works on the Co-Organizers’ website without the Participants’ notification/consent;
1.3.7. Submission of works by the Participant shall be deemed an acceptance of the above Photo Contest terms and conditions.
1.4. The Photo Contest winners and Participants whose work is included in the Short List shall grant the Organizer the right to use the works on the terms of a simple (non-exclusive) license in all ways that do not contradict the applicable legislation of the Russian Federation and international law, including the ways specified in Part 2 Art. 1270 of the Civil Code of the Russian Federation with the right to sublicense, for any purpose related to the conduct of the Photo Contest, Photo Contest media coverage, exhibitions, festivals and other similar events following the Photo Contest, inclusion in printed products (albums, books, calendars, etc.) published in the framework of and according to the results of the Photo Contest in connection with the promotion of the Photo Contest in any currently existing or future media, including, but not limited to printed or digital publications, as well as on Internet websites and in advertising promotional materials and campaigns associated with the Photo Contest, for the entire duration of the exclusive right and on worldwide basis.
1.5. In accordance with the Photo Contest Rules, the Photo Contest winners shall conclude a license agreement with the Organizer that grants the right to make use of the works that won prizes of the Photo Contest. The agreement with the Winner shall be made in writing after the results of the Photo Contest are summed up. In accordance with the terms of the agreement with the Winner, the Winners shall grant the Organizer a free-of-charge non-exclusive license to their work, i.e. the right to use the work in any and all ways not contradicting the applicable legislation of the Russian Federation and international law, for the duration of the exclusive right to such works, that shall be worldwide, as well as grant the Organizer additional rights and permissions under the agreement with the Winner.
1.6. Each Participant represents and warrants that the photograph and all materials:
- have been created personally by the Participants, not in the course of performing their official duties (or all relevant permissions have been obtained);
- are completely original and are not a copy or imitation of any other material;
- do not violate or will not violate any rights of third parties, including, but not limited to personal non-property and property rights;
- are not the subject of any legal proceedings, claim or dispute that may lead to a court decision that will adversely affect or in any way infringe or reduce the Participant’s rights to the photograph.
1.7. By submitting an Application to participate in the Photo Contest, the Photo Contest Participants acknowledge that they are the authors of the photographs submitted and owners of exclusive rights to the photographs as intellectual property, to the extent necessary to participate in the Photo Contest, and have also obtained permission from all persons whose rights may be affected by the use of the photographs in the Photo Contest. If such consent is required, the necessary documents shall be provided by the Participant at the request of the Photo Contest Organizer at any stage.
Each Participant represents and warrants that he/she has the right to agree to and participate in the Photo Contest in accordance with these License Terms and Conditions, and the consent of third parties is not required to grant rights and participate in the Photo Contest. If such consent is required, the necessary documents shall be provided by the Participant at the request of the Photo Contest Organizer at any stage.
The Participant also acknowledges and agrees that he/she has not previously granted or assigned his/her rights to any other third party. In the event of third-party claims related to the use of photographs provided under these License Terms and Conditions, the Participant undertakes to independently settle such claims and indemnify the Organizer and Co-Organizers in full and to protect the Organizer and Co-Organizers from any third-party claims to the extent that it concerns any violation or alleged violation of any representation, warranty or agreement made by such Participant in connection with his or her acceptance of these License Terms and Conditions or participation in the Photo Contest.
The Organizer and Co-Organizers have the right to submit a recourse claim for compensation of the amounts paid to third parties to the Photo Contest Participant.
1.8. If a photograph contains any materials or elements that do not belong to the Participant and/or are subject to the rights of third parties, and/or if any persons are present in the photograph, the Participant shall obtain, before submitting the photograph, any permissions and consents necessary to allow the use of the photograph in accordance with these License Terms and Conditions, without any additional payment. If any person depicted in any photograph is not legally capable or has not reached the age of majority in his/her jurisdiction of residence, then to participate in the Photo Contest with this photograph, the Participant shall provide the consent of the parents or legal representative of such person.
1.9. The provisions of this section of the License Terms and Conditions are not exhaustive and in cases where a Participant is required to sign an agreement, the terms of the respective agreement shall prevail over the terms set out in the License Terms and Conditions. If the Participant disagrees with the terms of the Photo Contest Rules or other documents proposed for acceptance or signing by the Organizer, the Participant shall refuse to participate in the photo Contest.