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Terms and conditions

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2. Participation


2.1 The Metro Photo Challenge 2015 (also referred to below as the “Challenge”) is arranged by Metro International S.A. together with local Metro subsidiaries and Local Metro franchisee around the globe (jointly referred to as ”Metro” below). To be a part of Metro Photo Challenge 2015, and to have the chance of being a local finalist or a global grand prize winner, you need to upload at least one photo that meets the Approved Photo Requirements (as defined below) in any of the three global categories – 1. “City Love”. 2. “City Secret” 3. “City Soul” – before November 24th, 2015.

2.2 The Metro Photo Challenge 2015 will run between September 22nd and December 15th 2015, when global winners will be announced. You may only compete in one country. The participating countries are Finland, Netherlands, Italy, Portugal, Russia, Belgium, Sweden, Canada, Mexico, Colombia, Ecuador, Chile, Nicaragua, Puerto Rico, Brazil, Dominican Republic and Peru.

2.3 Please visit the websites of the respective countries to register and to accept the local terms and conditions for the Challenge in that country. The local terms and conditions will apply in addition to these terms and conditions. In cases of discrepancies, the local terms and conditions shall apply.

2.4 If you are not a resident of any of the Metro countries, you may still take part in the Challenge via the “International Section”.

2.5 The Metro Photo Challenge 2015 is free of charge and open to anyone, other than employees, agents, contractors and consultants (or their families) of Metro and its affiliates. If you are under the age of 18, you must provide Metro with your parent’s or legal guardian’s approval to take part in the Challenge, however to be awarded with the global grand prize you must be at least 18 years old.

2.6 Metro will collect your first name, surname, city of residence, age, phone number and valid e-mail address. Metro may also require your home address. You cannot take part in the Challenge without submitting this data. Your personal data will be handled in accordance with Metro’s Privacy Policy.

2.7 Metro has the right to publish your name, surname, age and city of residence next to the photos that you submit for marketing and editorial promotional activity such as television, internet, radio, printed media, social networks, among other in relation to the Metro Photo Challenge 2015.


2.8 To upload an image you must register in the Metro Photo Challenge 2015 through the website www.metrophotochallenge.com with your email address or by linking your account to Facebook or Twitter or Instagram. Pictures may be only uploaded through a website link or through an Instagram account. To upload pictures through Instagram you must follow the next steps:

1. Register your personal Instagram account to the Metro Photo Challenge platform
2. When uploading a picture it should use the hashtags concerning each category, which are: #metrocitylove, #metrocitysecrets and #metrocitysoul


2.9 Due to the privacy policy established by Instagram only uploaded photos on Instagram accounts configured as public can be shared in the platform of Metro Photo Challenge.

2.10 This contest is not sponsored, organized or certified by Instagram

2.11 Daily, while the contest is up and running, the most voted photo of the day before will be published on the webiste on the section “the most voted photo of the day”. The pictures published in this section will not receive any prize or be considered more likely to be local finalist or grand global winner.



3. Selection of the local finalists and global grand prize winners


3.1 The Challenge consists of two evaluation rounds (“Round One” and “Round Two”).

3.2 Round One runs from November 24th- December 6th, 2015. In Round One, each local jury will select three photos, one in each category, based on the Judging Criteria (as set out below). In addition to these three local finalists’ photos, there will be a public vote, through which the local public will select three photos, one in each category, by using the vote button function as described below (section 6). The six photos from each country and the International Section will then be sent to the global final competition in Round Two. Local finalists selected by the local juries and the public vote will be announced on December 9th, 2015.

3.3 Round Two runs from December 7th - December 11th, 2015. In Round Two, a global jury will, in its sole discretion, select one grand winner in each of the three categories based on the Judging Criteria. The three winners (the “Global Grand Winners”) will be announced on December 15th, 2015.

3.4 You may submit one or more photos in all categories but only one of your photos may be selected as a finalist photo. If more than one of your photos are top ranked, the local and global juries will, in their sole discretion, select one of your photos that will compete in the local and global finals.

3.5 By participating in the Metro Photo Challenge 2015 you accept that the decisions taken by the local juries and global jury are final and binding and cannot be appealed.


4. Winners & prizes


4.1 The three Global Grand Winners will each receive a global grand prize described below (the “Global Grand Prize”).

4.2 The three (3) Global Grand winners, selected by the Global jury will each receive the Grand Prize which is a 5 days Photo Expedition to India, in the first or second semester of 2016. The Global Grand winners will be announced December 15th, 2015, and the exact dates when the India Photo Expedition will take place will be communicated oppotunely thereafter. The Global Grand Prize includes: Return trip flight from home country of the winners to India; accommodation for the full stay in India (4 nights); and activities, transportation and guiding throughout the stay. The Grand Prize is supplied by Metro International. The winner will be eligible to have his or her photos from the expedition used by our global editorial team, Metro World News, for possible publishing within our participating countries during 2016 without remuneration or compensation. However, Metro World News is not obliged to publish such photos. The Grand Prize has a total value of around 4000 EUR per person. The winner will be responsible for ensuring that he or she meets the requirements for obtaining visa for India. The winner will also be responsible for ensuring that he or she has adequate insurances, permits, vaccines or other medical indications if applicable.

4.3 However in any case Metro and/or their partners may not be held responsible for any matter occurring to or caused by the winners in connection with this Contest or during the travel and/or stay in the final destination where the prize will take place and/or in connection thereto. The limitation of liability for Metro and their partners includes, but is not limited to: i) any possible injuries, health problems, provided healthcare or hospital stays, and, even death; ii) any facts considered force majeure or act of God; iii) damages caused by or to the winner in relation to any property belonging to the winner or third party; iv) matters with authorities or other entities; v) and / or any similar occurrences in relation to the prize and/or Contest.

4.4 For security reasons, you must be at least 18 years old to claim the Global Grand Prize. If you are under the age of 18, you cannot claim the Global Grand Prize. Instead, the Global Jury will select in their sole discretion a new winner between the rest of the finalist participants, who will receive the Global Grand Prize.

4.5 Prizes are non-transferrable and cannot be exchanged for cash. Metro has the right, at its sole discretion and at any time, to substitute a prize for another prize of equal or greater value. All prizes are awarded as is, and no warranties or guarantees beyond the standard manufacturer’s warranty are implied or expressed.

4.6 If you are selected as a winner, Metro will notify you to a valid e-mail which you provided. You accept your prize by replying to the notification e-mail. In the event of non-acceptance of a prize within five (5) days of receipt of the notification e-mail, Metro reserves the right to reallocate the prize to another participant, in Metro’s sole discretion. If you are selected as a winner, you must pay any potential profit tax in relation to the prize.


5. The public vote

5.1 The public can vote for any photo, in any category, in any country. Each person may only vote once per photo by pressing the “vote button” on the local section of www.metrophotochallenge.com.

5.2 Facebook or Instagram likes, Facebook shares and similar are not considered as votes and will not be counted as such.

5.3 In case Metro detects any anomaly or suspect that a participant is preventing the normal development of the Contest, altering illegally the voting or any kind of suspicious activity by means of any technical or computer procedure, Metro reserves the right, at its sole discretion and at any time, to disqualify the entry and/or the participant from the Contest. In this regard it is important to add that Metro has enabled the necessary technological support to detect any possible anomalous or fraudulent action and performance where a participant tries to alter the participation in the Contest with the aim of achieving the Grand Prize through illicit means.


6. Categories


6.1 The three global categories for the Metro Photo Challenge 2015 are based on the City Life:
1. “City Love”
2. “City Secrets”
3. “City Soul”

6.2 In all three categories color filters, minor burning, dodging and/or color correction is acceptable, as is cropping. Other photo-editing techniques, such as HDR, photomontage, stitched panoramas and collages can’t be used.


7. The Metro photo book


7.1 All photos submitted to the Metro Photo Challenge 2015 have the chance of being published in the annual Metro photo book, which may be offered for sale in digital and/or printed format. Should your photo be selected, your name and the city in which you reside will be published in connection with the photo.

8. Judging Criteria


8.1 The Metro Photo Challenge 2015 juries will select winners of the Challenge by assessing the photos according to the following criteria (the “Judging Criteria”). As mentioned above, there are several local juries and a global jury.

8.2 The global jury can be viewed on the about page www.metrophotochallenge.com/about.

8.3 The local jury can be viewed on the about page www.metrophotochallenge.com/about.





8.4 The Judging Criteria consist of the following factors:
a) Fit and relevance:
- To what extent the photo “fits” and is relevant to the category.
b) Creativity:
- Is the subject matter pictured in a unique way or is a common item shown from an interesting point of view?
- Does the photo demonstrate originality?
c) Technical quality:
- Color and/or tonal rendition
- Contrast
- Lighting
d) Overall impression:
- Does the photo grab the viewer’s attention and hold it?
- Does it have the “wow” factor? Are there any special effects or extras?


9. Approved Photo Requirements


9.1 Each photo must meet the following requirements (the “Approved Photo Requirements”) in order to qualify as an entry to the Metro Photo Challenge 2015.
a) Each photo may only compete in one of the countries included in the Challenge, as set out above, or in the International Section.
b) Each photo may compete only in one of the three categories.
c) Each photo must be in digital format. Only online entries will be eligible. No print or film submissions will be accepted for entry in the Challenge. However, the photo need not be taken with a digital camera; scans of negatives, transparencies, or photographic prints are acceptable. All digital files must be 12 megabytes or smaller, and must be in JPEG or JPG format.
d) Only minor burning, color filters, dodging and/or color correction is acceptable, as is cropping. Other photo-editing techniques, such as HDR, photomontage, stitched panoramas and collages can’t be used.
e) By entering the Challenge, you warrant that the submitted photo is an original work created solely by you, that it does not infringe the copyright, trademark or other intellectual property right of any person or entity, and that no other party has any right to the photograph.
f) A photo that includes a work that may be protected by copyright, for example works of art, statues and written works, may be accepted provided that the included work is only depicted as “an object in its environment” and not, for example, a full-frame close-up. You must be prepared to provide a release form, signed by the rights holder, in which the rights holder confirms that you are entitled to enter the photo in the Challenge.
g) In order to be accepted in the Challenge, the photo may not, in the sole and unfettered discretion of Metro, contain obscene, provocative, defamatory, sexually explicit or otherwise objectionable or inappropriate content.
h) You may include watermarks in your submissions but we strongly recommend you not to do this as it might interfere with the overall judging.


10. Intellectual property rights


10.1 By submitting your photo to the Metro Photo Challenge 2015, you give Metro and its chosen partners and affiliates the right to (including but not limited to) reproduce, amend, exhibit, print, use and to any third party assign and sub-license the photo, in any form, for marketing and editorial purposes in any media related to the Challenge during five (5) years from the date of the Challenge’s closure without remuneration or compensation.

10.2 If your photo is used by Metro or its partners or affiliates as set out above, your name and the country in which you reside will be published in connection with the photo.

10.3 Metro reserves the right to, to at its sole discretion, edit and crop submitted photos, provided that it is necessary in order for the photo to be uploaded and included in the Challenge and provided that only minor modifications of the photo are required.


11. Illegal or violating content


11.1 You are solely responsible for the entry of your photo and you agree to hold Metro harmless from any third-party claims that are a result of your entry. By submitting your photo, you warrant that the entry does not infringe any rights of any third party and that the entry is not in breach of applicable laws and regulations. A self-moderation mechanism is in place whereby visitors can flag up inappropriate or offensive content. Thus, it is important that you make sure that your entry is your creation and that it does not include works of any third party or violate applicable law.

11.2 Metro is entitled to, at its sole discretion and at any time, remove submitted photos and other content of the Challenge websites that it suspects are in breach of these terms and conditions or which otherwise are offensive, illegal, infringing or inappropriate.

11.3 In the event that Metro detects any anomaly or suspects that a participant is preventing the normal development of the Challenge, for example, by illegally altering his or her photo, by means of any technical or computer procedure, Metro reserves the right, at its sole discretion and at any time, to disqualify the entry and/or the participant from the Metro Photo Challenge 2015. In this regard, it is important to add that Metro has enabled the necessary technological support to detect any possible anomalous or fraudulent action and performance that tries to alter participation in the Challenge with the aim of achieving a prize through illicit means.


12. Miscellaneous


12.1 You may at any time, before the Challenge is finished and the local winners are announced, request (in writing) that Metro removes your entry from the Metro Photo Challenge 2015. Contact Metro via e-mail at mpcglobal@metro.lu or use the “Delete” button on www.metrophotochallenge.com to remove a specific entry.

12.2 You may not transfer your entry or your rights and/or obligations under these terms and conditions to anyone else.

12.3 Metro reserves the right to, at its sole discretion; modify these terms and conditions at any time. Please check these terms and conditions regularly for changes.

12.4 Metro further reserves the right to, at its sole discretion, cancel the Challenge before the closing date hereof. Reasons for cancellation may, for example, include changed technical conditions, the occurrence of a force majeure event, changes in local law or a legal challenge to Metro from a third party. Should Metro cancel the Challenge, all participants will be informed without delay.


13. Limitation of liability


13.1 In no event will Metro or its Metro Photo Challenge partners be held liable to you for any lost profits, indirect or consequential damages arising, for example, in connection with your photography or use of the Global Grand prize, or out of technical errors that may occur during the course of the Challenge or any another attributable circumstance that may affect the development of and your participation in the Challenge, including but not limited to website downtime, lost or stolen entries or the inability to process entries, viruses, any software or hardware errors or damages.


14. Governing law


14.1 The Metro Photo Challenge 2015 is governed by the laws of Sweden. Any dispute shall be finally settled in Swedish courts.


15. Contact

15.1 We can be reached at Metro International S.A., Avenue 2-4 Marie-Therese, PO Box 285, L2012 Luxembourg, mpcglobal@metro.lu..







PRIVACY POLICY


1. General

1.1 This privacy policy (the “Policy”) sets out how Metro uses and protects any information that you give us when you use this website. By using the website www.metrophotochallenge.com and/or entering the Challenge, you accept this Policy. Metro is committed to ensuring that your privacy is protected. You can be assured that any information we ask you to provide and by which you can be identified will only be used in accordance with this Policy
.
1.2 Metro may change this Policy from time to time by updating this page. You should check this page regularly to ensure that you are happy with any changes.


2. Data controller

Metro International S.A

Reg. nr: B73790

Address: Avenue 2-4 Marie-Therese, PO Box 285, L-2012 Luxembourg

E-mail: mpcglobal@metro.lu



3. Your consent

By providing us with your personal information, you consent to the processing and transfer of information as set out in this Policy.


4. What personal information does Metro collect on this website?

Metro will collect your first name, surname, age and e-mail address. We may also require your address. You cannot take part in the Challenge without submitting this data.


5. What we do with the information we gather

5.1 The personal data collected on this website will be used to contact you if one of your photos wins a prize. Metro and its affiliates will not use your personal information for purposes other than marketing activities related to Metro Photo Challenge 2015 without obtaining your explicit prior consent. Metro may publish your submitted photos, your name, age and the city in which you reside for any and all promotional activities related to the Challenge.

5.2 We may also use your e-mail address to send promotional e-mails and information that we think you may find interesting. By submitting your e-mail to us, you specifically agree to receiving such e-mails, but you may at any time object to any use of your personal information for such marketing purposes by following the unsubscribe link in the e-mails we send.


6. Will Metro disclose the information it collects to third parties?

We do not sell or assign any of your personal information to any third parties. Personal information may occasionally be transferred for further processing to third parties who act for us, in accordance with the purposes for which the information was originally collected, for purposes to which you have consented or otherwise in accordance with this Policy, for example in order to support our information technology or to handle mailings on our behalf.


7. Third-country transfer

The information that we collect from you may be transferred to a destination outside the European Economic Area (“EEA”) for the purposes set out above. By submitting your personal information to us you specifically agree to such a transfer.


8. Why does Metro use “cookies”?

8.1 “Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. They make it possible for Metro to identify registered users without needing to ask for registration details every time you vote for an entry or every time you access the site. The website uses cookies to make the user experience easier and speed up some processes.

8.2 A cookie in no way gives us access to your computer or any information about you, other than the information you choose to share with us. You can choose to accept or decline cookies. Declining cookies may prevent you from taking full advantage of the website.


9. Security

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.


10. Links to other websites or services

The website may contain links to other websites or services of interest. However, you should note that once you leave the website via these links, we do not have any control over that other website or service. Therefore, we cannot be responsible for the protection and privacy of any information that you provide whilst visiting such sites or services, and such sites and services are not governed by this privacy policy. You should exercise caution and review the privacy statement applicable to the website or service in question.


11. Controlling your personal information

11.1 Once per annum, you are entitled to request, free of charge, details of the personal information about you that is processed by us. Such a request must be made to us in writing and be signed by you.

11.2 Further, you may demand that we and we will, rectify, block or delete any inaccurate personal information.

12. Contact information

We can be reached at Metro International S.A., Avenue 2-4 Marie-Therese, PO Box 285, L-2012 Luxembourg, mpcglobal@metro.lu.