Terms & Conditions

PhotoPills Awards Photo Submission Agreement

We’re excited you are interested in sharing your photos (“Photo”) with us and with the PhotoPills tribe. Please read carefully the terms and conditions that follow. This PhotoPills Awards Photo Submission Agreement (the “Agreement”) is a binding agreement between you (“You”) and PhotoPIlls, SL., (“PhotoPills”).

APPLE, INC. (“APPLE”) IS NOT A SPONSOR NOR IS INVOLVED IN ANY MANNER IN THIS CONTEST (“PhotoPills Awards). AND NO APPLE PRODUCTS ARE BEING USED AS PRIZES. PhotoPills is the only responsible for for all the prizes being offered in this contest.

BY SUBMITTING YOUR PHOTOS TO THE PHOTOPILLS AWARDS, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT SUBMIT YOUR PHOTOS TO THE PHOTOPILLS AWARDS.

You represent and warrant that You own or have the right to license to PhotoPills pursuant to the terms herein all the photos submitted by You to PhotoPIlls through any delivery means prescribed by PhotoPills.

PhotoPills wishes to license and You desire to grant PhotoPills a non-exclusive, irrevocable license to publish and use the Photo ONLY in the PhotoPills Awards eBook and or Book, PhotoPills' online archive showcasing the results of previous contests and in PhotoPills' social networks. This will have no cost whatsoever for PhotoPills.

If your Photo is awarded with a cash prize, then, you grant PhotoPills a non-exclusive, irrevocable licence to use the Photo for PhotoPills promotional use. This means to reproduce, publish, exhibit and communicate to the public, by any means and in all media throughout the world the Photo, at no further cost, all royalties paid.

In both cases, You retain the ownership, all right, title and interest in and to the Photo, including all intellectual property rights.

This Agreement also governs PhotoPills’ use of the name, nickname, likeness, rights of publicity, autograph, and biographical information of You or any third parties (“Appearances”) as included in the Photo.

You represent and warrant that You have obtained the appropriate licenses, permissions, and/or releases from all people that recognizably appear in the Photo, including the real names, nicknames, likenesses, autographs, and biographical information of such third party individuals, and the owner of any images, photos, text, or other material appearing in the Photo- If your Photo depict a child that is under the age of majority in their state of residence, You represent that You have written permission from the minor’s parent or guardian to provide the photo for the use you licence to PhotoPills.

NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is acknowledged, the parties agree as follows:

LICENSE GRANT. Submitting a Photo means that You hereby grant to PhotoPills with a non-exclusive, irrevocable right  to publish and use the Photo ONLY in the PhotoPills Awards eBook and or Book, PhotoPills' online archive showcasing the results of previous contests and in PhotoPills' social networks. This will have no cost whatsoever for PhotoPills.

If your Photo is awarded with a cash prize, then, you grant PhotoPills a non-exclusive, irrevocable licence to use the Photo for PhotoPills promotional use. This means to reproduce, publish, exhibit and communicate to the public, by any means and in all media throughout the world the Photo, at no further cost, all royalties paid.

USE OF YOUR PHOTOS. Submission of Photos to PhotoPills is not a guarantee that PhotoPills will publish or otherwise use the Photo.

OWNERSHIP. PhotoPills acknowledges and agrees that You retain all right, title and interest in and to the Photo and Appearances, including all intellectual property rights, rights of publicity or privacy and moral rights therein, other than those rights granted herein.

AWARDS. You may be eligible to receive an Award for the Photo. If your Photo is awarded with a cash prize, then, You grant PhotoPills a licence to use the Photo for PhotoPills promotional use, at no further cost, all royalties paid. Please, review the FAQS of the PhotoPills Awards for more information.

PAYMENT TERMS. Payments made to You under this Agreement (if any) will be payable within thirty (30) days of PhotoPills’ receipt of Your details to send Your payment for the Photo as requested by PhotoPills. Any payments due will be made payable to You in U.S. dollars and sent via wire transfer using the account information provided by You, or as otherwise agreed by the parties. All the payments under this Agreement are subject to a Spanish Government withholding tax. This tax will be subtracted from the total import of the prize. Together with the payment, we’ll send you a Certificate of the Withholding tax paid. Depending on the agreements existing between Spain and your country of residence, you might be eligible to get part of this tax reimbursed. Please, consult it with your tax advisor.

NEWSLETTER. Submitting a Photo means that You accept to subscribe to PhotoPills’ Newsletter. You’ll be able to unsuscribe anytime you wish directly from the email received. The aim of the newsletter is to help You improve your photography, take legendary photos and keep you updated.

WARRANTIES. You represent and warrant that: (i) You have all rights and licenses necessary to grant to PhotoPills the rights granted in the Photo and Appearances, and You will pay any and all third parties who may be entitled to a royalty or fee (including public performance organizations) arising from the Licensed Use of any composition or master recording embedded within the Photo; (ii) to the extent any Third-Parties are visible in the Photo, You have obtained express consent from the Third-Parties to submit their likeness; (iii) PhotoPills’ use of the Photo, Appearances, or Third-Party Materials as contemplated by this Agreement will not infringe, misappropriate or violate a third party’s intellectual property rights, rights of publicity or privacy, moral rights or any applicable law or regulation; (iv) Your agreement to the terms and conditions of this Agreement will not violate or conflict with any obligations owed by You to a third party; and (v) you will comply with all laws, rules and regulations applicable to this Agreement.

INDEMNITY. You will indemnify, defend and hold PhotoPills harmless from and against any and all claims, demands, damages, liabilities, losses, costs and expenses (including reasonable attorneys’ fees) arising from or related to: (a) breach of any of Your representations and warranties in this Agreement; (b) any third party claim that the Photo or Appearances, or PhotoPills’ use thereof, infringe, misappropriate or violate such third party’s intellectual property or other third party rights and (c) any third party claim that is based on any act or omission of You that results in personal injury, death, property damage or the violation of any law, ordinance or regulation.

LIMITATION OF LIABILITY. IN NO EVENT WILL PHOTOPILLS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE OR OTHER ECONOMIC ADVANTAGE), REGARDLESS OF THE THEORY OF LIABILITY, ARISING FROM OR RELATED TO THIS AGREEMENT OR PHOTOPILLS' USE OF THE CONTENT AND APPEARANCES, EVEN IF PHOTOPILLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PHOTOPILLS’ TOTAL, CUMULATIVE LIABILITY TO YOU ARISING FROM OR IN RELATION TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID BY PHOTOPILLS TO YOU PURSUANT TO THIS AGREEMENT. Notwithstanding the provisions of this Section 9, nothing in this Agreement excludes or limits or purports to exclude or limit the liability of either party for: (a) death or personal injury resulting from negligence; (b) any damage or liability incurred by a party as a result of fraud or fraudulent misrepresentation by the other party; or (c) for any liability which cannot be excluded or limited by applicable law.

GENERAL. This Agreement will be governed by and construed in accordance with the laws of Spain, excluding that body of law known as conflict of laws. Any legal action or proceeding arising under this Agreement will be brought exclusively in the courts located in Madrid (Spain) and the parties irrevocably consent to the personal jurisdiction and venue therein. You may not assign or transfer this Agreement without PhotoPills’ prior written consent, and any attempt to do so will be void. PhotoPills may freely assign this Agreement. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of this Agreement will be effective only if in writing and signed by both parties. If any provision of this Agreement is held to be unenforceable or invalid by a court of competent jurisdiction, that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect. This Agreement is the complete and exclusive understanding and agreement of the parties regarding its subject matter, and supersedes all prior understandings and agreements between the parties regarding its subject matter. The parties to this Agreement are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, or agency between the parties.