Terms and ConditionsBy submitting an entry into the Australian Life Photography Competition 2022 (‘Competition’) held by the Council of the City of Sydney ABN 22 636 550 790 (“City”), each entrant (you) acknowledge and agree to the following terms and conditions:
1. Entry(a) The Competition is free to enter.
(b) You must be 18 years or older to enter the Competition. You must be an Australian citizen or have permanent resident status in Australia to enter the Competition.
(c) You can submit a maximum of one entry to the Competition (each entry comprising up to two photographs). If multiple entries from you are received by the City, only the first entry received first will be eligible for consideration.
(d) Your photograph must have been taken in Australia within the last 12 months.
(e) The Competition commences Friday 29 April 2022. You must submit your entry to the City by 11.59pm AEST on 24 May 2022. Late or lost entries will not be considered.
(f) Your entry must:
(i) meet and be submitted in accordance with the specifications outlined on the entry form (Specifications); and
(ii) include a completed online entry form.
(g) You may be required to provide evidence to demonstrate your eligibility for the Competition.
2. Judging entries(a) The judging panel selected by the City will judge each valid entry in accordance with the Specifications and will select 28 entries (finalists) and one finalist having the most outstanding entry as the winner of the Australian Life Photography Prize (major winner). The decision of the panel is final and no correspondence will be entered into.
(b) The City will publish the finalists’ and major winner’s photograph entries online on 15 September 2022.
(c) Finalists and the major winner will be notified by phone and email by a representative of the City.
(d) A Peoples’ Choice Award is also available for one entrant. Voting will be online at https://www.artandabout.com.au/ in accordance with the terms and conditions displayed and anyone may vote. Voting opens 9am on 22 August 2022 and closes 5pm on 13 September 2022. The entrant who receives the most online votes wins the People’s Choice Award (minor winner) and no correspondence will be entered into.
3. Remuneration and prize(a) Each finalist will be paid a fee of AUD$500 (plus GST if applicable) payable by deposit to the finalist’s nominated bank account. If a finalist does not provide account details during the time stated in the Specifications then the City reserves the right not to pay that fee.
(b) The major winner will be awarded the Australian Life Photography Prize of AUD $10,000 (plus GST if applicable) payable by deposit to the finalist’s nominated bank account.
(c) If the major winner does not redeem the prize during the time stated in the Specifications then the prize will be forfeited. There will be no further unclaimed prize determinations, i.e. no further selection of an alternative winner by the panel of judges.
(d) The minor winner of the People’s Choice Award will receive a prize of an Olympus professional camera pack having a recommended retail price of approximately $5,000 (GST inclusive). If the minor winner does not claim the prize within the time stated in the Specifications then the prize will be forfeited with no further prize determinations or alternative winner.
4. Copyright and moral rights(a) You grant the City, and all sponsors and partners of the Competition, an irrevocable worldwide licence to reproduce, publish, and communicate to the public your photograph (or any part of it):
(i) in any media format, including but not limited to advertisements, postcards, brochures, posters, television/print media, websites, social media, apps, publications and reports;
(ii) for the purposes of:
(A) the Competition, including any associated event or exhibition;
(B) publicity and promotion of the Competition;
(C) publicity and promotion of the City including City media and marketing campaigns;
(D) any catalogue of the Competition; and
(E) any archive of the City or the Competition.
(b) You acknowledge and agree that the City may adapt your photograph, including but not limited to adapting the photograph for the online gallery, for any large format reproduction for exhibition, or for use in City media and marketing campaigns.
(c) You warrant that you are the owner of all intellectual property rights in the photograph, or have obtained all necessary approvals and consents to permit the entry of the photograph into the Competition and for use of the photograph in accordance with these terms and conditions.
(d) Photography that infringes the intellectual property rights of any person will be immediately removed from the Competition and you must return to the City any remuneration or prize money paid to you by the City.
(e) The City will use its best endeavours to acknowledge you in all Competition publicity as the creator of the photograph.
5. Release and indemnity(a) You release the City, and all sponsors and partners of the Competition, from any claim, damage, expense, loss, cost or liability with respect to:
(i) the infringement of your moral rights in respect of your photograph; and
(ii) the use of your photograph by the City, or the sponsors and partners of the Competition.
(b) You, and any identifiable person in the photograph, may be asked to sign a model release as a condition for inclusion of your photograph in the Competition. Failure to provide this release may result in your photograph not being selected as a finalist or winner.
(c) You agree to indemnify the City, and the sponsors and partners of the Competition, against any claim, damage, expense, loss, cost (including reasonable legal costs) or liability (including liabilities of the City to third parties) arising out of or in connection with:
(i) infringement of any intellectual property rights in respect of your photograph;
(ii) use of your photograph by the City, or the sponsors and partners of the Competition; and
(ii) the Competition.
6. Exhibitions and events
(a) This clause 6 applies to each finalist, major winner and minor winner only.
(b) You agree to attend the City’s official exhibition of Competition entries, and/or related events and media opportunities, and agree to do so with no fee or further remuneration being paid to you, other than as set out in these terms and conditions.
(c) If the City or a sponsor or partner of the Competition wishes to host an additional exhibition of Competition entries, or event related to the Competition, you agree to your photograph being exhibited with no fee or further remuneration being paid to you.
(d) Your exhibited photograph will be acknowledged on signage that lists your name and the title of the photograph and, subject to you providing consent, your contact details.
(e) Where the City requires you to attend or participate in any such additional exhibition or event, this will be the subject of a separate agreement between the parties.
7. large format reproduced photograph
(a) Any large format reproduction of the photograph produced by the City, including reproductions for the purposes of exhibition, will be the property of the City.
(b) If your photograph was included in the City’s official exhibition of Competition entries, the City will send you the large format reproduction of your photograph if it has not been lost or destroyed, once it is no longer required by the City.
(c) The City takes no responsibility for the reproduction whilst in transit, or if it is lost or damaged.
(d) Upon your receipt of the reproduction of the photograph, it will become your property.
8. GST(a) If a photograph provided by a finalist, minor winner or major winner is a taxable supply, then as consideration in whole or in part for a taxable supply the person receiving the supply (the City) must pay to the party making the supply (supplier) an additional amount equal to the amount of GST payable on the supply unless that consideration is expressed to be inclusive of GST. (b) No later than 14 days after the date of payment of any GST the supplier must provide to the City a valid tax invoice.
(c) If you are not registered or required to be registered for GST then the supplier must give the City a “statement by the supplier” and other documentation the City reasonably requests.
(d) For the purposes of these terms and conditions “GST”, “tax invoice” and “taxable supply” have the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
9. General(a) The Competition is a game of skill, and chance plays no part in determining the winner.
(b) Employees of the City and Councillors of the City, and their immediate families, are ineligible to enter the Competition.
(c) By entering the Competition, you acknowledge and accept these terms and conditions.
(d) The City may cancel or vary the Competition or these terms and conditions at any time. The City will not be responsible for any loss or costs incurred by you in relation to such cancellation or variation.