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Terms and conditions
Entering the Competition
1. The Been There photography competition (the “Competition”) is open to UK residents aged 18 and over subject to paragraph 2 below.
2. Employees or agencies of Guardian News & Media Limited ("GNM") its group companies or their family members, or anyone else connected with the Competition may not enter the Competition.
3. The Competition is only open to amateur photographers. Professional photographers may not enter the Competition.
4. By entering the Competition you are accepting these terms and conditions.
5.To enter the Competition, you must email one high resolution jpeg photographic image, the subject of which relates to the given theme for that particular month to: email@example.com. You must state which of the 11 themes you are entering and you must include your full name, address and daytime telephone number. Full details of the theme for each month can be found at the following link: www.ivebeenthere.co.uk/articles/send-a-photo.jsp.
6. If you have any questions about how to enter or in connection with the Competition, please e-mail us at: firstname.lastname@example.org with “Monthly photo competition” in the subject line.
7. You are responsible for the cost (if any) of sending your Competition entry to us.
8. The image must not have been published previously in any other publication or website.
9. The Competition is divided into 11 separate monthly competitions which restart on the 1st day of each month from February 2012 until December 2012. There is a different theme for each separate monthly competition. The opening date and time of each monthly competition is the 1st of each month at 12.01am GMT. The closing date and time of each monthly competition is the 24th of each month at 11.59pm GMT. Entries received after that date and time each month will not be considered for the specific monthly competition into which they were entered.
10. Only one entry is permitted per person in each monthly competition.
11. By submitting an entry to the Competition, You grant GNM:
Permission for your entry to be published on guardian.co.uk and grant GNM a non-exclusive, irrevocable, royalty-free, worldwide, perpetual licence (with a right to sub-licence) to use, republish, edit and/or modify your Competition entry in any/all media (including in electronic format and hard copy) for purposes connected with the Competition and as described in these Terms and Conditions; and
The right to use your name and town or city of residence for the sole purpose of identifying you as the author of your entry and/or as a winner of the Competition.
12. You also hereby waive all your moral rights in your entry. Notwithstanding the afore-going waiver, in order to use entries as intended and advised in these Terms and Conditions,
(i) GNM may need to modify entries, including but not limited to resizing, cropping or colour adjustment as necessary, provided that GNM shall endeavour in undertaking such modifications to maintain the integrity of your entry as originally created; and (ii) GNM shall use its best endeavours to provide a picture credit for all entries.
13. You own the copyright to your Competition entry as its author. Your entry must be your own work, must not be copied, must not contain any third-party materials and/or content that you do not have permission to use and must not otherwise be obscene, defamatory or in breach of any applicable legislation or regulations. If GNM has reason to believe your entry is not your own work or otherwise breaches these Terms and Conditions, then GNM may not consider it.
14. The Guardian Picture Desk together with an independent judge, Natalie Mayer, (together the “Judges”) will choose one winning entry each month from all the Competition entries received in accordance with these Terms and Conditions (the “Monthly Winner”) and two runners up. Full details of the judging process and the Judges are available on request by emailing email@example.com.
15. When choosing the winner and runners up, the Judges will be looking for the most well composed, artistic and original image that evokes the best interpretation of the theme.
16. The Judges’ decision of who the Monthly Winner is each month will be made on or before the 1st of the month following the end of the relevant monthly competition (so, for example, the Monthly Winner for December 2012 will be chosen on or before 1st January 2013). The Judges’ decision is final and no correspondence will be entered into.
17. The winning entry from each monthly competition will be entered into the overall competition and a winning entry from the 11 Monthly Winners (the “Overall Winner”) will be chosen by reader vote on guardian.co.uk/travel.
18. The Monthly Winners will each win a £200 voucher to use on Point 101.com (the “Monthly Prize”)
19. The Overall Winner for 2012 will win a 20 day/19 night Polar Expedition to the Falklands Islands, South Georgia & Antarctica with compliments of Quark Expeditions. Round trip travelling costs to Ushuaia, Argentina will be provided for one person. The date of the trip will be in 2013, with the exact dates to be confirmed in 2012 (the “Overall Prize”).
20. Included in the Overall Prize is:
one night pre-expedition hotel accommodation with breakfast,
shipboard accommodation with daily housekeeping,
all breakfasts, lunches and dinners on board throughout the voyage,
all shore landings per the daily program,
formal and informal presentations by Expedition Team and guest speakers,
photographic journal on DVD, documenting the voyage,
a pair of waterproof expedition boots on loan for shore landings,
an official Quark Expeditions Parka,
coffee, tea and cocoa available around the clock,
hairdryer and bathrobes,
comprehensive pre-departure materials including a map and an informative Antarctic reader,
a group transfer upon disembarkation in Ushuaia from the ship to the local airport,
all miscellaneous service taxes and port charges throughout the program,
all luggage handling aboard ship, and
Emergency Evacuation Insurance to a maximum benefit of USD $100,000 per person.
The overall prize does not include anything other than the elements stated above. In particular, the Overall Winner will need to arrange and pay for their own passport, visas and travel insurance sufficient for the type of expedition and activities referred to above.
21. Each Monthly Winner will be notified by GNM by telephone or email on or before the 1st of the month after the month of the Competition which that Monthly Winner entered and will be given details of how to claim their prize. If a Monthly Winner does not respond to GNM within 28 days of being notified by GNM, then the Monthly Prize will be forfeited by that Monthly Winner and the Judges shall be entitled to select another winner based on the criteria described above (and that winner will have to respond to the phone call or email from GNM within 28 days or else they will also forfeit the Monthly Prize). If a winner rejects their prize, then the winner’s prize will be forfeited and the Judges shall be entitled to select another winner using the process referred to above.
22. The Overall Winner will be notified by GNM by telephone or email within 28 days of being selected as the Overall Winner. If the Overall Winner does not respond to GNM within 28 days of being notified by GNM, then the Overall Prize will be forfeited and the Judges shall be entitled to select another winner who had the next highest reader vote as referred to in paragraph 17 above (and that winner will have to respond to the phone call or email from GNM within 28 days or else they will also forfeit the Overall Prize). If a winner rejects the Overall Prize, then the winner’s prize will be forfeited and the Judges shall be entitled to select another winner using the process referred to above.
23. The Overall Winner will have their report and photos of their trip printed in the Travel section of the Guardian and on guardian.co.uk/travel (at GNM’s sole discretion) at a later date. You grant GNM a non-exclusive, irrevocable, royalty-free, worldwide, perpetual licence (with a right to sub-licence) to use, republish, edit and/or modify your trip report and photos in any/all media (including in electronic format and hard copy) for such purposes. You hereby waive all your moral rights in your trip report and photos. Notwithstanding the afore-going waiver, in order to use your trip report and photos as intended in this paragraph 23, (i) GNM may need to modify your report and photos, including but not limited to resizing, cropping or colour adjustment as necessary, provided that GNM shall endeavour in undertaking such modifications to maintain the integrity of your report and photos as originally created; and (ii) GNM shall use its best endeavours to provide a picture credit for your photos.
24. The Monthly Prize will be sent to each Monthly Winner by GNM within 28 days of that Monthly Winner having claimed their prize.
25. Once the date for the Overall Prize has been confirmed, it cannot be changed.
26. The prizes cannot be exchanged or transferred by you and cannot be redeemed by you for cash or any other prize. You must pay all other costs associated with the prize and not specifically included in the prize.
27. We retain the right to substitute the prizes with another prize of similar value in the event that the original prize offered is not available.
28. Please note that, due to the nature of the Overall Prize, the Overall Winner will need to be in sufficiently good health in order to participate in the type of expedition and activities referred to above. In order to participate in the Overall Prize, the Overall Winner may be required to complete a medical assessment form solely for the purpose of the Promoter and/or Quark Expeditions determining that the Overall Winner is capable of participating in the Overall Prize. The Overall Winner may also be required to accept Quark Expeditions’ terms and conditions as a condition of participating in the Overall Prize.
29. Entries on behalf of another person will not be accepted and joint submissions are not allowed.
30. We take no responsibility for entries that are lost, delayed, misdirected or incomplete or cannot be delivered or entered for any technical or other reason. Proof of delivery of the entry is not proof of receipt.
31. Details of the winners can be obtained by sending a stamped addressed envelope to the following address: Readers’ Monthly Photo Competition, Guardian Travel desk, Guardian News & Media Limited, Kings Place, 90 York Way, London N1 9GU.
32. No purchase is necessary.
33. The winners may be required for promotional activity.
34. The Promoter of the Competition is Guardian News & Media Limited whose address is Kings Place, 90 York Way, London N1 9GU. Any complaints regarding the Competition should be sent to this address.
35. Nothing in these Terms and Conditions shall exclude the liability of GNM for death, personal injury, fraud or fraudulent misrepresentation as a result of its negligence.
36. GNM accepts no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by you as a result of entering the Competition or accepting any prize. GNM further disclaims liability for any injury or damage to you or any other person’s computer relating to or resulting from participation in or downloading any materials in connection with the Competition.
37. GNM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Competition with or without prior notice due to reasons outside its control (including, without limitation, in the case of anticipated, suspected or actual fraud). In particular, fraudulent and/or deceptive voting practices are not permitted and if GNM believes any entrant has engaged in such practices (either themselves or through a third party) GNM shall be entitled to disqualify such entrant from the Competition. The decision of GNM in all matters under its control is final and binding.
38. GNM shall not be liable for any failure to comply with its obligations where the failure is caused by something outside its reasonable control. Such circumstances shall include, but not be limited to, weather conditions, fire, flood, hurricane, strike, industrial dispute, war, hostilities, political unrest, riots, civil commotion, inevitable accidents, supervening legislation or any other circumstances amounting to force majeure.
39. The Competition will be governed by English law.TAKE ME BACK TO THE PHOTO COMPETITION HOMEPAGE