PARTICIPANT AGREEMENT TERMS AND CONDITIONS NUMÉRO+ SWITZERLAND Competition
Last Updated: 12.03.2024
This Participant Agreement explains your rights to visit or enter the Competition, brought to you by Numéro + Switzerland**. This Participant Agreement does not apply to websites, apps, or other offerings that we do not own or control, even if they are linked to the Competition.
You can access this Participant Agreement at any time on the Competition's home page, by entering and registering to the Competition or otherwise accessing, visiting, or using the Competition website. You consent and agree to be bound by the terms of this Participant Agreement. If you do not agree with the Terms and Conditions* of this Participant Agreement, you should not access, the Competition website.
In addition to reviewing this Participant Agreement, please also review our Privacy Policy (below) and any other terms and conditions that may be posted elsewhere in the Competition or otherwise communicated to our readers and participants.
This Participant Agreement may be modified intermittently, all changes will be on the website and the latest version will have the "Last Update" date visible. If we make a material change to this Participant Agreement, we will also post a notice on the Competition website home page that a change was made.
TERMS AND CONDITIONS OF THE PARTICIPATION AGREEMENT
(1)
If you breach or violate any part of the Participation Agreement, we may terminate, or suspend, your account profile, in the Competition. We may also restrict, or refuse to provide you with any future access, to Numéro+ Switzerland Competition(s).
We reserve the right, in addition to our other remedies, to take any technical, legal, action(s) that we deem necessary or appropriate, with or without notice, to prevent violations of the Participation Agreement.
(2)
In the event of any conflict between the Terms and Cnditions of this Participant Agreement, and the Competition, we shall determine which rules, restrictions, and limitations occur, and you specifically WAIVE any right to challenge or dispute such action.
(3)
The Competition is meant to be a positive and enjoyable process for participants, so we may monitor activity within the Competition in compliance with the Participation Agreement. In entering the Competition, you agree to such monitoring.
(4)
We will not pre-screen applications submitted to the Competition, so we do not take responsibility for errors, quality, plagiarism, consent of use of images, or illegal Content.
(5)
All images must be original, true, accurate, complete, up-to-date, and solely yours by the photographer/artist (even AI images) and must not be published previously in other media platforms including print.
(6)
All Content must be non-offensive and not used for personal grievances or to facilitate a personal dispute.
(7)
By participating in this Competition you may be exposed to Content that is opinionated, or inappropriate, including Content that may violate the Participation Agreement. You should understand that not all of such Content is actionable. If you have a legitimate
complaint about another participant, please contact your local legal authorities.
(8)
If you have reason to believe that another person is using the Competition to harass you in a way that is harmful to you or
others (e.g., to impersonate, or bully), we suggest that you contact your local legal authorities.
(9)
Copyright: If you have reason to believe that your Content has been copied or accessible on the Competition in a way
that is copyright infringement, you may notify us as described below in the section entitled Copyright (22).
(10)
CyberCrime: If you have reason to believe you may be the victim of an online crime, such as identity theft, fraud, or hacking, please contact the relevant local authorities.
(11)
You must be of legal age to enter this Competition, 18 years and upwards. You will be required to submit your date of birth, and agree to that and guarantee that all Registration Information provided by you is true, accurate,complete, and up-to-date. You may not impersonate, or pretend to be somebody else when registering or setting up an account profile on the Competition.
(12)
If any of your account profile or registration information changes, you are responsible for updating it.
(13)
You will be solely responsible for maintaining the confidentiality of your Registration Information.
(14)
You may not permit anyone else to access or use your Registration Information, for access and use in the Competition.
(15)
You may not access or use anyone else's Registration Information, or access, the Competition by use of anyone else's
profile account or Registration Information.
(16)
If you have reason to believe that your account profile is no longer secure (e.g., theft or loss, or used by someone else), you are responsible for changing the Registration Information by using the mechanism or contact information on the Competition.
(17)
If you submit a credit, debit, or payment account number, or other payment information upon registration, at the time of
purchase, or otherwise, you authorise the Competition, and our Third-Party Providers ("PICTER") permission, to retain such
information and to charge all fees to such payment method.
(18)
Fees are due when entering the Competition and are nonrefundable.
(19)
If your image(s)/project(s) is not selected in the top three winner categories of the Competition, you may use your submitted image(s) for other external competitions or reenter a future Competition of Numéro+ Switzerland with the same image(s)/project(s).
(20)
If your image(s)/project(s) is selected in the top three winner categories of the Competition, you may use your submitted image(s) for other external competitions (three years after the end of the Competition).
(21)
Be aware that Content you disclose in publicly accessible portions of the Competition may be available to other users, so you should be aware of Personal Information and sensitive Content you may wish to post**, we are not responsible for the consequences of this.**
(22)
Copyright Issues: we respect the intellectual property of others, and we ask our users to do the same. Use of the Competition to infringe the copyright rights of others may result in the removal of the image(s)/project(s) and profile account. physical or electronically. Any issues with this you can contact us at Content@numeromagazine.ch.
(23)
You agree to defend and hold us against all Claims that may arise out of, or are in any way connected with your access,
visitation, and use of the Competition.
(24)
No software disabling devices, all types of malware, time bombs, viruses, worms, or bugs, will be transmitted on or through the Competition, and we are not liable in the event of any such occurrence.
(25)
We do not guarantee that the Competition Content or website can be accessed via all devices or all carriers in all geographical locations, or responsible for technical failures that might occur in your region or devices.
(26)
We are not responsible for any human error while submitting Content to the Competition.
(27)
We reserve the right to halt, or discontinue the Competition and suspend for the Competition any account profile or Content that we deem fit, and is inoffensive.
(28)
The disposal of images that you enter into the Contest after the Competition is completed winner, is the responsibility of "PICTER".
(30)
All actions and decisions taken by Numéro+ Switzerland within the scope of the Competition are still valid after the end of the Competition.
(31)
Your Consent to receive communications and do business electronically and your agreement to do so applies to all of your interactions and transactions with us.
(32)
In entering this Competition you agree to receive communication from us.
(33)
The (1st, 2nd, 3rd) winning image(s) that are chosen for the printed magazines; Numéro Switzerland and Numéro Homme Switzerland and its website are bound by an NDA and confidentiality contract until the print magazine is officially released.
(34)
We specifically disclaim any liability in connection with the acts or omissions of Third-Party providers.
(35)
If you as a participant have an issue with the Competition, you agree that you will first contact us a contact@numeromagazine.ch.
(36)
We reserve the right to create or change the rules for the Competition or portions of the Competition at any time. Such changes will be notified to the participants. Your continued access, visitation, and/or use of the Competition constitutes your agreement to comply with these additional rules.
(37)
Any delay or error by us to execute or enforce any right or provision of the Agreement will not constitute a waiver of such right or legal act.
(38)
You may not sub-license, transfer, sell, or assign the Agreement at any time to any person or entity, and any attempt to do so will be null and void.
(39)
You or the owner of any Content you submit, post, upload, transmit, send, or otherwise make available on or through the Competition retains ownership of all rights and the owner will be credited within publications online and/or otherwise. But by submitting, posting, uploading, transmitting, sending, or otherwise making available Content you irrevocably grant us a royalty-free, non-exclusive, worldwide right and license to copy, reproduce, create derivative works of, reverse engineer, store, cache, aggregate, publish, post, display in the Print magazine, the website, and any digital platform, and the owner will be credited.
(40)
We have the rights to modify, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, move, remove, delete, erase, and reverse-engineer all such Content you submit to us.
(41)
No one included in the Content has a modelling or other contract that would make the use of the Content a violation of Third-Party rights. You shall provide copies of the relevant Releases to us upon our request (etc. the model release) and you are solely responsible for retaining all original Releases and maintaining complete and accurate release records.
(42)
The submission of falsified, inaccurate, or otherwise defective Releases is a material breach of this Agreement.
(43)
The subject of the images cannot be minors (under the age of 18 years), no images of children are permitted in the Competition.
(44)
Nothing contained in this Participant Agreement shall be construed to grant you any rights to use or exploit our registered or unregistered trademarks, logos, service marks, trade names, internet domain names, brand names, slogans, logos any other indicators or origin in existence now or in the future used by Numéro+ Switzerland in any jurisdiction.
(45)
You agree that you will not misrepresent your relationship or association with us with the Terms of the Participant Agreement and will at all times comply with our Code of Conduct.
(46)
If at any time, in our sole judgment, you become the subject of public disrepute, contempt, complaints, or scandal that may affect our image or goodwill, or you misrepresent your relationship or association with us or otherwise engage in activities that may tarnish our reputation, we may, in addition to our other remedies, suspend or terminate this Agreement upon written notice to you.
(47)
If you wish to remove your submission to the Competition, you can remove the Content on the Competition platform, please remember that entrance fees are nonrefundable.
(48)
If your submitted Content is involved in any claim or illegal activity, you need to inform us immediately contact@numeromagazine.ch
(49)
By submitting Content to us, you agree that you may acquire certain confidential and proprietary information, including without limitation, financial information, details and circumstances of potential projects, publications, business plans, and any such other information as we notify you of being confidential (collectively, "Confidential Information"). You agree that the Confidential Information shall be held confidential and to not disclose Confidential Information to any third party other than representatives, or agents, provided they first agree to keep the terms confidential.
PRIVACY POLICY
For the Winners: information about the photographers, and their models/subject matter will be held confidentially with Numéro+ Switzerland and will not be handed out to third parties, except for credit of the image information in print magazines and digital platforms.
All Participants: All other Personal data, identifiers, your name, IP address, payments information, etc. that is obtained on the Competition Website is the responsibility of the third party "PICTER", please see their relevant website page on Privacy Information (https://www.picter.com/privacy-policy).
GLOSSARY
Agreement:- The rules are as outlined in this Participant Agreement
Participant: The User who partakes in the Competition
Competition: Refers to the Numéro+ Switzerland Content, where artists submit their work for the winning prize.
Claim: Refers to any legal action
Content: Refers to the material submitted by the participant; concerning all photographs, illustrations, videos, text, script, motion, audio, audio/visual, or other material you submit
Device: Refers to any computer, tablet, mobile phone, television, or any other device capable of accessing the Competition.
Fees: Refers to the monetary amount submitted by the participant to enter the Competition, including applicable taxes and surcharges.
Personal Information: Refers to your personal details such as; first name, surname, residential address, phone number (with the international country code), email address, and date of birth. (See Privacy Policy below).
Releases: Refers to the contracts made between the photographer(s) and the Competition and the photographer(s) and the model/subject used being a person or otherwise for the image(s). (This only applies to the winners.)
**Third-Party Providers: **Refers to any third party unaffiliated with Numéro+ Switzerland that plays a role in providing the Competition and enabling you to acquire, access, visit, or use the Competition via your Device, including without limitation equipment, hardware and software manufacturers and providers, telephone, mobile, wireless, cable, and Internet network providers and carriers, sellers or providers of technology, as well as vendors.
We, Us or Our: Refers to Numéro+ Switzerland.
You or Your: Refers to the participant.
IF YOU DON'T AGREE TO THE TERMS CONTAINED IN THIS PARTICIPANT AGREEMENT, AND PRIVACY POLICY YOU MUST IMMEDIATELY EXIT THIS COMPETITION.