FUJIFILM “X-THUSIASTS” PROGRAM TERMS AND CONDITIONS
1. Instructions on how to apply for the “X-Thusiasts Program” (“Program”) form part of these Terms and Conditions. By submitting an application to this Program you are deemed to have accepted these Terms and Conditions.
2. The promoter of this Program is FUJIFILM Electronic Imaging Europe GmbH of Fujistrasse 1, 47533, Kleve, Germany (“Promoter”).
3. Subject to clause 4, application to this Program is open to UK residents aged 18 years or over (“Participants”).
4. Employees of the Promoter and agencies associated with this Program are ineligible to apply.
5. The Program commences on 1st August 2017 and will continue until such time as the Program is terminated by the Promoter. The Promoter will provide a minimum of two (2) weeks’ notice to all Participants prior to the Program ending, via an announcement at fujifilm-xthusiast.com (“Website”).
6. The laws of England and Wales apply to this Program to the exclusion of any other law. Participants submit to the exclusive jurisdiction of the courts of England.
7. To apply to the Program, Participants must visit the Website and follow the prompts to provide the requested details for verification, as well as the photographs they wish to submit.
8. Participants must upload six (6) photographs taken by the Participant on a FUJIFILM X Series camera.
9. The Promoter will individually judge the photos submitted based on originality and artistic merit and select photos submitted for use in further FUJIFILM promotional materials including but not limited to social and digital channels, subject to the licence set out below.
10. If a Participant’s photographs are selected for use in further FUJIFILM promotional materials, including but not limited to social and digital channels, the Participant will be given credit for any images used by first and second name. Any such Participant should reap the benefits of being featured by FUJIFILM on various platforms. If a successful Participant’s work is considered exceptional, they may potentially be considered for a position as a FUJIFILM brand ambassador and/or considered for commissioned work.
11. Participants agree that they are fully responsible for any materials they submit via the Program including but not limited to comments, links, and images (“Content”). The Promoter shall not be liable in any way for such Content to the fullest extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Participants warrant and agree that:
(a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
(b) their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
(d) their Content is either their original work or they will obtain full prior consent from any person who has jointly created or has any rights in their Content to the uses contemplated by these Terms and Conditions prior to submitting their Content, and their Content does not infringe the rights of any third party;
(e) they consent to any use of their Content, shall obtain waivers of all moral rights in their Content to which any individual is now or may be at any future time entitled under Chapter IV of Part I of the Copyright Designs and Patents Act 1988 or any similar provisions of law in any jurisdiction and warrant that they have the full authority to grant these rights; and (f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Without limiting any other terms herein, the Participant agrees to indemnify the Promoter for any breach of the above terms.
12. As a condition of participating in this Program, each Participant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display any Content they submit for any of the following promotional or marketing purposes in any of the following media operated by the Promoter, its affiliates or sub-licensees without compensation, restriction on use, attribution or liability:
(a) the Promoter's social media accounts;
(b) fujifilm.com and Fujifilm-x.com galleries and pages promoting or supporting the X-Thusiasts Program;
(c) digital PDF documents, such as eBooks;
(d) email and email marketing to the Promoter’s contact list;
(e) blog posts on fujifilm-blog.com; and (f) online advertisements promoting the X-Thusiasts Program.
13. By participating in the Program, Participants also consent to the Promoter using their name, likeness, image and/or voice (including photograph, film and/or recording of the same) for an unlimited period without remuneration for the purpose of promoting this Program (including any outcomes), and promoting any products manufactured, distributed and/or supplied by the Promoter, as outlined in clause 13.
14. The Promoter reserves the right, at any time, to verify the validity of Participants (including their identity, age, place of residence and employment) and reserves the right, in its sole discretion, to disqualify any Participant who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the Program or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Program. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
15. If there is a dispute as to the identity of any Participant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Participant.
16. Incomplete or indecipherable submissions, or submissions not taken on a FUJIFILM X Series camera will be deemed invalid.
18. These Terms and Conditions may be changed, amended or varied at any time for any reason by the Promoter in its absolute discretion. Any updated version of the Terms and Conditions will be posted on the Website. All changes are effective from the date of posting of the revised Terms and Conditions. The Promoter recommends that all Participants re-visit the Website from time to time to read the Terms and Conditions.
19. The Promoter’s decision in relation to all matters arising under this Program is final and binding. No correspondence will be entered into.
20. Each Participant agrees that, unless otherwise indicated and with the exception of Content submitted by Participants, all copyright in the information and materials contained on the Website (including but not limited to any text, images, audio, or video), together with any trade mark/s, logo/s and/or any other material in which intellectual property right/s are capable of subsisting, as featured herein, is owned by the Promoter, or otherwise reproduced by the Promoter with the permission from the relevant owner/licensee, as the case may be.
21. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the Program.
22. If this Program is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law to disqualify any Participant and/or to modify, suspend, terminate or cancel the Program.
23. To the extent permitted by law, the Promoter may also, in its absolute discretion, at any time:
(a) terminate the Program;
(b) exclude a Participant from applying to the Program.
Liability and Indemnity
24. Nothing in these terms and conditions excludes or limits the Promoter’s liability for (a) death or personal injury caused by its negligence; (b) fraud or fraudulent misrepresentation; (c) any other matter for which it would be illegal for the Promoter to exclude or attempt to exclude its liability.
25. Save as provided in paragraph 25 above the Promoter is not liable for losses that result from its failure to comply with these Terms and Conditions or any other failure that fall into the following categories (a) loss of income or revenue; (b) loss of business; (c) loss of profits; (d) loss of anticipated savings; (e) loss of data; or (f) waste of management or office time.
26. Save as provided in paragraph 25 above, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for (a) any personal injury; or (b) any loss or damage, whether direct, indirect, special or consequential, arising in any way out of: (i) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (ii) any theft, unauthorised access or third party interference; (iii) any submission or Content that is lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; or (iv) use of the Website.
27. To the extent permitted by law, the Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer on line systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the Internet or at any web site or intranet site, or any combination thereof, including (but not limited to) any injury or damage to Participant’s or any other person’s computer related to or resulting from participation in or downloading any materials in this Program.
28. Any cost associated with accessing the Program website is the Participant’s responsibility and is dependent on the Internet service provider used.