1.1. These License Terms and Conditions of the “NEWS PHOTO AWARDS. A CHANGING WORLD” international professional Photo contest (hereinafter the «Photo Contest») determine the procedure for granting 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 the «Organizer»)) a non-exclusive license for Photos 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 Photo to the Website the Participants grant the Organizer a non-exclusive license to use the Photos for the Photo Contest-associated purposes, namely,
Publication on the Internet, including on the Organizer's website and on social networks, and website and social networks of Photo Contest;
Reproduction of the Photo (the right to reproduce) in any form and on any media without limitation of circulation, as a part of the information about the Photo Contest;
Bringing the Photo to the public;
Public display of the Photos (the right to public display) for informational, advertising and other purposes, including in any print and electronic media;
Distribution of the Photo as part of: Photo albums, information booklets, digital media and other printed, printed and souvenir products accompanying the Photo Contest;
To communicate on air and/or by cable, that is, to communicate the Photos to the public, including with the right of retransmission;
Use of Photos as promotional materials on sites on the Internet, in future Photo contests held by the Organizer;
The right to grant the rights to use (the right to sublicense) Photos on a non-commercial basis to third parties, including through the Organizer's resource on the Internet, as part of informing about the Photo Contest;
Media coverage of the Photo Contest;
Inclusion in printed products published within the framework of the Photo Contest in connection with the promotion of the Photo Contest in any known media now or in the future, including, but not limited to, a print or digital edition, as well as on websites on the Internet and in promotional materials and promotions related to the Photo Contest.
1.2.1. The Participant confirms his/her consent to the disclosure (if applicable) and/or publication of his/her Photos 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.
1.2.2. The Organizer will be exempt from paying any remuneration or having to request any additional consent in connection with such use.
1.2.3. In some cases, the Organizer may additionally require the Participant to sign the documents confirming that the Participant has granted the license for his/her Photos to the Organizer (in particular, in accordance with the procedure provided for in Cl. 1.5 hereof).
1.2.4. The Organizer may fully or partially transfer the rights to use the Photos 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 Photos are provided.
1.2.5. The Organizer is not obliged to submit to the Participants reports on the use of Photos provided in accordance with these License Terms and the Rules of the Photo Contest «NEWS PHOTO AWARDS. A CHANGING WORLD».
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 Photos 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 Photos for assessment by the jury of International Professional Photo Contest;
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 Photos 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. By submitting any work the Participant shall be deemed to have accepted all terms and conditions of the Photo Contest.
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 non-exclusive license in all ways that do not contradict the applicable Russian and international legislation, including the ways specified in Item 2 of Art. 1270 of the Civil Code of the Russian Federation and paragraph 1.2 of these License Terms and Conditions.
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 Photo Contest prizes. The agreement with the Winner shall be made in writing after the results of the Photo Contest are announced. 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 Russian and international legislation 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 Photo 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 Photo.
1.7. By submitting an Application to participate in the Photo Contest, the Photo Contest Participants acknowledge that they are the authors of the Photos submitted and owners of exclusive rights to the Photos 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 Photos 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 Photos provided under these License Terms and Conditions, the Participant undertakes to independently settle such claims and indemnify all the Organizer’s and Co-Organizers’ damages 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/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 Photo 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 Photo, the Participant shall obtain, before submitting the Photo, any permissions and consents necessary to allow the use of the Photo in accordance with these License Terms and Conditions, without any additional payment. If any person depicted in any Photo 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 Photo, the Participant shall provide the consent of the parents/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 that 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.