TERMS & CONDITION FOR CONTEST KNMA Shutterbugs (A Photography Contest)

Please read the following terms and conditions very carefully before entering this contest “KNMA Shutterbugs, a Photography Contest” (“Contest”) conducted by Kiran Nadar Museum of Arts (‘ KNMA/Us/ We’). By participating in the Contest, you agree to be bound by these terms & conditions and represent that you satisfy all of the eligibility requirements set out herein below.

1. Introduction

1. The Contest is organized by Kiran Nadar Museum of Art a registered charitable trust, having its office at 44, Friends Colony (East), New Delhi – 110 065;
2. To enter the competition, the participant(s) must enter as directed on KNMA website or social media channels;
3. There is no entry fee and no purchase is necessary to enter into this Contest;
4. Promotions on social media are in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Instagram or any other social network. The participant(s) are providing their information to Kiran Nadar Museum of Art and not to any other party. The information provided will be used in conjunction with KNMA Policies;
5. v. By entering this Contest, a participant is indicating his/her agreement to be bound by these terms and conditions. If, the participant is under the age of 18, the participant(s) should review these Terms and Conditions with their parents or legal guardian to make sure that they and their parent or legal guardian understand and agrees to it on the participant’s behalf, before entering the Contest. Participant(s) will be deemed to have read and accepted these terms and agree to be bound by them. If the participant(s) does not agree with any of these terms, please do not enter into the Contest;
6. The participant(s) failure to accept or comply with the provisions of these terms & conditions will disqualify them from participation. The decision of KNMA for all matters relating to participant(s) participation shall be final and binding in all respects;
7. These terms and conditions shall be irrevocably binding on each participant(s) voluntarily participating in the Contest. The participant(s) hereby agree and understand that KNMA will have access to and collect information and data shared by the participant’s personal information (as defined below) submitted by the participant(s) hereby consent to the collection, receipt, storage, processing, transfer, use, destruction, retention and sharing of the personal information by KNMA, its affiliates, and designated third parties in accordance with the terms of KNMA’s privacy policy which is accessible at http://______ “Privacy Policy”);
8. By participating in this Contest and uploading and submitting the content in the manner as stated hereunder, it is deemed that the participant(s) have read, understood, accepted and agreed to irrevocably, unconditionally abide by and be bound by all the terms and conditions including these terms & conditions and to the Privacy Policy. If the Participant(s) do not agree to be bound by or cannot comply with any of these Terms and Conditions and the Privacy Policy, please do not continue to submit any Content (as defined below). The participants(s) failure to accept or comply with the provisions of these terms & conditions and the privacy policy will disqualify them from participation. The decision of KNMA for all matters relating to The participants(s) participation shall be final and binding in all respects. The Contest shall be governed by the terms and conditions stated herein below and all participant(s) are requested herein unconditionally accept and agree to comply with and abide by the same;
9. The participant’s act of voluntarily participating in the Contest in the manner as detailed below shall be deemed to be the participant’s absolute acceptance to the terms and conditions, Privacy Policy, terms of use and user generated content of KNMA as prescribed from time to time.

2. Eligibility and entry restrictions

2.1 To be eligible to enter a competition:

1. Participant must be a real person, residing in India
2. Participant must not be KNMA employee, officer or agent, or an employee, officer or agent of any person or organisation involved in the running of the competition, and must not be a family relation of any such person;
3. The maximum number of entries to a competition per person is 1;
4. The maximum number of entries for a competition shall be at KNMA sole discretion. Once this number of entries have been received, the competition will be closed for new entries, notwithstanding the published closing date.
5. If you are the parent or the legal guardian of a minor child, and have allowed him to enter the Contest, you agree that you shall be solely responsible for:

   a)    The online conduct of the minor child;

   b)    Monitoring of such Minor’s access to the site and;

   c)     The consequences of any use of the site by the minor child.

3. Start and closing dates

1. A competition shall open for entries at the time and on the date specified on KNMA website and/or social media channels, and similarly, shall close to entries at the time and on the date specified on KNMA website and social media channels. Unless otherwise stated;
2. Any entries received before the opening or after the closing of the competition will be invalid and will not be entered into the competition;
3. No responsibility can be accepted by KNMA for entries not received before the closing dates, for whatever reason;
4. KNMA reserves the right to cancel or amend the competition and these terms and conditions without notice including but not limited to in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of KNMA control;
5. Entry into the competition will be deemed as acceptance by the participant(s) of all of these terms and conditions

4.  Details about the Contest

     https://www.knma.in/knma-shutterbugs

5.   Judging

1.  Competition entries shall be judged or winners selected on the basis of those criteria specified on KNMA Contest webpage;
2. If a participant does not meet the eligibility requirements or is subject to any entry restrictions, that entrant shall not be entitled to be adjudged a winner, and will not be entitled to a prize in any circumstances;
3.  All decisions with respect to this Contest, including number of gifts and type of gifts, will be at the sole discretion of KNMA and the same will be final & binding on a non-contestable basis .

5. Winners and prizes

1. The Contest allows the participant(s) a chance to win a gift voucher as follows:

    

   Category ((Born on or after Jan 1, 2004))

   1st Prize : Rs 50,000 Amazon Cash Voucher

   2nd Prize : : Rs 35,000 Amazon Cash Voucher

   3rd  Prize : Rs 25,000 Amazon Cash Voucher

   10 Consolation Prizes : Rs 5,000 Amazon Cash Voucher each

    

2. ii. All decisions with respect to this Contest, including number of gifts and type of gifts, will be at the sole discretion of KNMA and the same will be final & binding on a non-contestable basis.
3.  The prize is as stated and no cash or other alternatives will be offered. The prizes are not transferable. Prizes are subject to availability and KNMA reserves the right to substitute any prize with another of equivalent value without giving notice.
4. The decision of KNMA in selecting the winners shall be final and binding;
5. Competition prizes for the competition shall be specified on KNMA website or social media channels.
6. Competition prize winners will be notified of the competition result through Email and it will be announced on KNMA website.
7. Reasonable efforts will be made to contact the prize winner upto 14 days but if the winner fails to respond to KNMA notification attempts within this time or provide an address for delivery of the prize or fails to meet any of the eligibility requirements or is otherwise unable to comply with the competition terms and conditions, KNMA reserve the right to disqualify that entrant and offer the prize to the next eligible entrant;
8. viii. The results of a competition will be announced on KNMA website and/or social media accounts of KNMA within 30 days following the closing date of the competition. The announcement may include the name and photograph, the town or region of residence and prize details of each prize winner;

6. Representations, Warranties and Indemnities the participant(s)

   The participant (s) hereby represent, undertake and warrant as follows:

1. They are the sole creator / author / owner of the content and that, no rights vest in any other party in respect of the content uploaded/ submitted by them. Nothing in law, contract or otherwise restricts the participant(s) from submitting the content or part thereof and they are fully authorized and entitled to submit the content;
2. All rights, including all copyrights and other intellectual property rights in respect of the content in its entirety vests in the participant(s) and is original and does not infringe and/or otherwise violate any third party rights, including any privacy rights and intellectual property rights and that the content is in compliance with all the applicable laws, and is in no way in violation of any local or international laws, or of any other laws that may be in force in India;
3. No rights in and to the content have previously been granted to any third party, nor has the content been otherwise exploited in any way, either by the participant(s) or by any third party/ (ies);
4. The content and all its constituent features are entirely original and do not infringe the rights of any third parties including but not limited to rights in and to any intellectual property. The content is completely free of any liens, charges, claims of any nature and/or any other encumbrances of any sort by a third party;
5. The content will be in good taste and not be unlawful, misleading, discriminatory, fraudulent, profane, obscene, vulgar, libelous, blasphemous, derogatory, defamatory, insulting, annoying, hurting religious sentiments, national sentiments, immoral, abusive, offensive, insensitive to any animal/person/ occupation/religious sections/gender/age group/sections of the society, in violation of any applicable laws and/or in any manner infringes the intellectual property rights including copyright rights of third party(ies) and /or their privacy rights
6. The details and any other information given by the participant(s) in connection with the entry and/or submission of the content is true and accurate and that KNMA is not/ shall not be responsible for verifying any information submitted by the participant(s);
7.  The content does not contain any confidential information relating to any third party/ies and/or any information relating to a third party which the participant(s) are not lawfully authorized to disclose whether under a contractual obligation with a third party and/or under applicable laws anywhere across the world. The content does not contain any sensitive personal data or information.
8.  The content or part thereof is not defamatory of any person deceased or alive, insensitive to any person or community and/or is not likely to expose KNMA to criminal or civil claims;
9.  The participant(s) hereby indemnify and hold harmless KNMA and its affiliates, their respective, trustees, directors, employees, officers, sub-licensee, assignees, representatives and partners from and against any claim, loss, damages, liability or cost of any person, firm or corporation, including, without limitation, legal fees, arising out of any (i) breach of warranty, representation or undertaking made by the participant(s) herein; (ii) use of the content by KNMA or its licensors and/or their affiliates; (iii) any act and/or omission by the participant(s) which is prejudicial to the goodwill of KNMA ; (iv) any third party claims arising out of the utilization of the content or submission of the content by the participant(s) to KNMA and/or possible acceptance of the content by KNMA (v) if any representation , warranty or personal Information made by the participant(s) turns to be untrue, false and in accurate. In the event of any claim, the participant shall promptly adjust, settle, defend or otherwise dispose of such claim at their sole cost. If the participant(s) are not diligently and continuously pursuing this matter, KNMA may take such action on behalf of the participant(s) and/or as attorney for participant(s), to adjust, settle, defend or otherwise dispose of such claim, in which case the participant(s) shall, reimburse KNMA for any such costs and penalties incurred thereof or such other indemnity in the amount thereof.

7. Copyright and moral rights

1.  The participant(s) grants to KNMA an exclusive, worldwide, royalty-free, perpetual and irrevocable licence to copy, store, edit, distribute, transmit and publish their content.
2. To the maximum extent permitted by applicable law, the participant(s) irrevocable and unconditionally waive their rights to be identified as the author of the content and to object to any derogatory treatment of their content.
3.  The provisions of Section 19(4) of the Indian Copyright Act, 1957 (as amended) shall not apply to any assignment and/or license under these terms and conditions. The participant(s) agrees and declare that they have waived off any so called “moral rights” and/or “author’s special rights” and all analogous rights which may now exist or be hereafter recognized in relation to their participation in the Contest and submission of the content.
4. The participant(s) do hereby release in favour of and assign to KNMA all rights including but not limited to the intellectual property rights in and to the content, on any and all medium, mode and platforms, now or hereafter known, for world and in perpetuity.
5.   By Posting the content, the participant(s) hereby grant KNMA a license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such content worldwide, including on or through any Property, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license the participant(s) grant to KNMA is exclusive, royalty-free, and sub licensable.
6.   In no event does KNMA assume any responsibility or liability whatsoever for any content, and the participant(s) agree to waive any legal or equitable rights or remedies they may have against KNMA with respect to such content.

8. Publicity

1. KNMA may undertake publicity activities relating to competitions and prize awards. The winner therefore agrees to the use of their name, photograph and disclosure of town or region of residence in any post-prize-winning publicity names, surnames, towns or regions of residence and prize details, by KNMA.
2. All other personal details collected as part of the competition will be used in conjunction with KNMA Policy.

9. Other Terms & Conditions

1. KNMA’s decision in respect of all matters to do with the Contest shall be final and no correspondence will be entered into.
2. KNMA reserves the right to cancel, modify, extend or withdraw the Contest prematurely at its sole and absolute discretion and without notice.
3.  Any disputes will be subject to the exclusive jurisdiction in Delhi.
4. Age fraud, plagiarism and usage of software editing tool in any form will lead to disqualification from the competition.
5. Any entry with images found to be taken from third-party sources will be disqualified.  KNMA may refuse to provide the Prize in the event a participant(s) fail to satisfy the eligibility requirements under these terms and condition, or has committed or is alleged to have committed any act of fraud or dishonesty, or is in breach of any of these terms and condition.
6. KNMA is not responsible for any malfunction/server error/technical fault of any kind either at the participant’s end or the website, which prevents the participant(s) from talking part in the Contest.
7. The decision of KNMA shall be final and binding with regard to any dispute arising out of this offer and is non-contestable. No correspondence shall be entertained in this regard. The participant(s) agree and understand that the decision of KNMA with respect to the content submitted by them will be final and binding and the participant (s) hereby waive any legal right that they may have to protest and/or dispute the decision of KNMA.
8. Participation in the Contest shall be construed as an acceptance of the terms and conditions stipulated herein. Any breach or default by a participant of any of the terms and conditions herein shall result in immediate disqualification without notice.
9. Any objectionable content causing any harm to the dignity of any community/individual will be eliminated/disqualified. Any abusive pictures or words used will be reported to for necessary action.
10. To the extent permitted by law, KNMA and its agents and representatives hereby expressly exclude any liability whether in contract, tort, criminal law, breach of statutory duty or otherwise for any direct, indirect or consequential loss, damage, injury or disappointment (including without limitation any pure economic loss) suffered or incurred by any participant, winner or any third party whether foreseeable or not in connection with the Contest
11. The participant(s) agree that their use of uploading of the content, and participation in the Contest shall be at their sole risk. To the fullest extent permitted by law, KNMA, including its licensors, their respective affiliates, and each of their respective officers, trustees, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Contest. KNMA makes no warranties or representations about the accuracy or completeness of the content or the content of any websites linked in relation to the Contest and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on the social platform including this section, (ii) personal injury or property damage, of any nature whatsoever, resulting from the participant(s) access to and use of the social media platform including this section, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the social media accounts / section, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the social media platforms/ Contest section including loss of content posted by participant(s), whether based on warranty, contract, tort, or any other legal theory, and whether or not the KNMA is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
12. KNMA in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, death, mental and/or emotional trauma caused to the participant(s) in any manner whatsoever, in relation to the Contest and/or any matters arising out of the terms and conditions.