Rules of Bird in Flight Prize

By entering the Bird in Flight Contest, you agree to be legally bound by these Rules and the decisions of Bravebridge Limited (d.b.a. Bird in Flight) and the Jury, which are final and binding in all respects.

Eligibility

Bird in Flight Prize (“Contest”) is open to residents from all over the world, except for the countries where it is prohibited by law. Entrant shall be at least eighteen (18) years of age at the time of entry. For the Entrants under 18 years of age, the permission of a parent or guardian is required. By entering the Contest, Entrants under 18 years of age indicate that they have obtained the permission of a parent or guardian. To enter the Contest, Entrant shall complete the Entry form, submit series of photographs in the required quantity (“Series”), pay the Contest fee of 15 EUR and perform any other actions required and specified in such Entry form.

Employees, officers, and directors of Bravebridge Limited, as well as the immediate family (defined as parents, spouse, children, siblings, and grandparents), and same household members of such employee, officer, and director, are not eligible to enter the Contest.

Entry

The right to participate in Contest is provided by Bird in Flight once the Entrant accepts these Rules and fulfills its requirements together with any terms and conditions specified in the Entry form.

If, for whatever reason the Entrant disagrees with these Rules, he/she may not enter into and participate in the Contest. Each Entrant may participate during the period from June 25th, 2019 until August 12th, 2019 for unlimited number of times. For each subsequent participation, Entrant shall fulfill the requirements of these Rules and Entry form, including but not limited to payment of Contest fee described above. Any Entrant using fraudulent means to participate in and/or win the Contest will be disqualified. Any attempt by an Entrant to undermine the legitimate operation of the Contest may be a violation of criminal and civil laws.

Bird in Flight reserves the right, at its sole discretion, to cancel, modify, terminate, or suspend a Contest for any reason and without prior notice. In such case, Bird in Flight may, as appropriate under the circumstances, select a Winner via reasonable means consistent with these Rules. Each Entrant is also free to leave the Contest at any time, provided that certain benefits and prizes of the Contest will not be further available for the Entrant.

Winner Selection and Notification

Before the date of the Contest Bird in Flight will choose the members of Jury of the Contest, number of which may be increased, decreased or changed at any time by Bird in Flight’s without disclosing the reason. This Jury will be authorized to select, at its sole discretion, 10 Finalist Series, which will be announced by October 2019 on https://prize.birdinflight.com (“Site of Contest”) and other related sites. Bird in Flight will also notify the Entrants via their emails if their Series became the Finalist of the Contest.

The Jury will further select and announce a Winner of Contest on October 11th, 2019 on a prize distribution ceremony that will take place in a “Set Independent Art Space”, situated in Kyiv. Winner will receive a Winner’s prize of 2000 EUR. For avoidance of doubt, Bird in Flight is not limited by any time constraints to deliver this prize.

Entrant may win the additional “Readers’ Choice” nomination, which will be the most voted Series of those selected and published by Bird in Flight on the Site of Contest. Entrants of Readers’ Choice will receive an additional prize from partners of the Contest, which is to be announced later.

Bird in Flight assumes that Winner and/or Entrants of Readers’ Choice have refused to receive a prize and waived any of his/her rights arising from or related to this Rules if he or she:

– does not respond to the initial notification email or in social media sites within 10 business days;
– cannot be contacted at his/her provided email address;
– rejects the prize or the prize is returned as undeliverable; or
– is disqualified for any reason.

Winners are solely responsible for all federal, state, and local taxes and all unspecified expenses or fees associated with prize receipt.

Bird in Flight may also, at its sole discretion, choose up to 15 Series eligible to participate in a Portfolio Review with the Jury. To submit application for Portfolio Review option the Entrant during Entry form completion shall tick/mark the relevant box to express Entrant’s wish to participate in Portfolio Review and pay additional Portfolio Review fee of 5 EUR, apart from other actions necessary to enter the Contest. Despite Entrants of these Series will not receive any material prizes, they will be able to discuss their works with Jury and share their professional experience.

Contest fee and Portfolio Review fee are to be collected either by the means of transfers to Bird in Flight’s Paypal account or by wire transfer to bank account of Depositphotos Inc. corporation.

Authorization

Entrants grant Bird in Flight an irrevocable, non-exclusive, worldwide, perpetual, transferable right and royalty-free license to reproduce and otherwise use and reuse photographs of Entrants in any language wholly or partly, including but not limited to use of such photographs on any exhibitions, provided that Bird in Flight shall be under no obligation to use any of the rights and licenses granted herein.

Entrant represents and warrants that Entrant is the owner/author of and/or has duly acquired all the necessary rights in and to these materials and has a full right to grant to Bird in Flight rights and license specified herein; usage and publication of materials will not violate or infringe any copyright, trademark or other intellectual property or proprietary right of any person, violate or infringe any right of privacy or publicity, any obligation of confidentiality, create any liability in tort or otherwise violate or conflict with any other agreement of the Entrant or current legislation. If these materials contain images of personally identifiable people, Entrant represents and warrants that it has all the necessary authorizations related to the publication, distribution and use, including, without limitation, model/property releases and parental consents.

Disclaimer

Bird in Flight hereby expressly disclaims any and all representations, warranties, guarantees and conditions of any kind, whether express or implied, to the contest, website, content and service made available at any time, including, but not limited to implied representations, warranties or conditions of merchantability, fitness for a particular purpose, non-infringement, accuracy, timeliness, completeness, compatibility, currentness, integration, security, privacy, title, usefulness, suitability, quality, simple usage and any other warranty that might arise under any applicable law.

Indemnification

Entrant shall indemnify, defend, release and hold harmless Bird in Flight and its parents, subsidiaries, affiliates, predecessors, successors, agents, authorized representatives, independent contractors, directors, officers, employees, managers, licensors, licensees, assigns, shareholders, members, suppliers and third-party partners against any third-party claim, demand, suit, investigation or proceeding and any proven losses, damages, costs, expenses (including, without limitation, court costs and reasonable attorneys’ fees), judgments, assessments, fines, penalties and other liabilities in each case to the extent resulting from or in connection with breach or alleged breach by the entrant of any of its express warranties or representations contained herein or made or other breach of these rules.

Collection of Entrants’ Personal Information

Entrant’s personal data is collected, used and protected according to Bird in Flight’s Privacy Policy at https://birdinflight.com/privacy-policy, provided that for the purpose of the Contest, purpose for which the data are collected and used, shall include proper operation of the Contest.

Governing Law

These Rules shall be governed by and construed in accordance with the laws of the State of New York, without regard to any conflict of laws principles. Any legal action, suit or proceeding arising out of or relating to these Rules shall be instituted in a court of competent subject matter jurisdiction in the federal or state courts of the State of New York, and each of both parties submit to the jurisdiction of such court and waive any right each might otherwise have to claim lack of jurisdiction or inconvenience of forum.