TERMS OF USE

FIAP 37th Congress Photo Contests

These Terms of Use apply exclusively to the following two photo contests organized in connection with the 37th FIAP Congress :

  1. Moments of the 37th FIAP Congress; and
  2. 37th FIAP Congress Photo Contest.

By registering, accessing the contest platform, uploading photographs, voting, judging, or otherwise participating in either contest, participants acknowledge that they have read, understood, and agreed to these Terms of Use.

ARTICLE 1. CONTEST ORGANIZER AND TECHNICAL PLATFORM PROVIDER

The two photo contests are organized by the Fédération Internationale de l’Art Photographique (FIAP), hereinafter referred to as the “Organizer.”

5WP Co., Ltd., through the 5WPhoto platform at 5wphoto.com, provides the technical platform used for participant registration, image submission, image management, voting, judging, results management, and other technical functions required for the operation of the contests.

5WPhoto acts solely as the technical platform provider and data processor on behalf of the Organizer. Unless expressly stated otherwise in these Terms, 5WPhoto is not the organizer, judge, sponsor, or owner of the submitted photographs.

The Organizer is responsible for determining the contest rules, eligibility requirements, submission periods, judging procedures, awards, results, and permitted uses of submitted photographs.

Any processing of personal data or submitted photographs by 5WPhoto shall be carried out solely for the operation of the contests, on behalf of FIAP, and in accordance with the instructions of the Organizer and the agreement entered into between FIAP and 5WPhoto.

ARTICLE 2. ELIGIBILITY AND ACCEPTANCE OF TERMS

Participation in the Contests is limited to registered participants of the 37th FIAP Congress and subject to any additional eligibility requirements published by the Organizer.

Each participant must provide the information required by the contest platform. All registration information must be truthful, accurate, and complete. Participants may not use another person's identity or provide false, misleading, or incomplete information.

By completing the registration process, accessing the contest platform, or participating in either Contest, each participant confirms that they:

  • Meet the eligibility requirements established by the Organizer;
  • Have read, understood, and agreed to these Terms of Use;
  • Agree to comply with the official contest rules, the Organizer’s instructions, and all applicable laws and regulations;
  • Will submit only photographs that they are legally entitled to use and enter into the Contests; and
  • Accept full responsibility for the accuracy of the registration information and all content submitted.

The Organizer reserves the right to reject, remove, or disqualify any entry or participant that does not satisfy the eligibility requirements or violates these Terms of Use or the official Contest Rules.

ARTICLE 3. OWNERSHIP OF SUBMITTED PHOTOGRAPHS

Copyright in each submitted photograph remains with the photographer or lawful copyright owner.

By submitting a photograph, the participant confirms and warrants that:

  • The photograph is their own original work, or they possess all legal rights and permissions required to submit it;
  • The photograph does not infringe any copyright, trademark, privacy right, image right, publicity right, moral right, or other right of any third party;
  • The photograph has not been unlawfully copied, reproduced, generated, or appropriated from another source;
  • All necessary permissions, authorizations, model releases, or property releases have been obtained where required; and
  • The photograph complies with all applicable laws and the official contest rules.

Participants remain solely responsible for the legality, ownership, accuracy, and content of all photographs they submit.

Neither FIAP nor 5WPhoto is responsible for independently verifying the ownership or authenticity of submitted photographs.

ARTICLE 4. RIGHTS GRANTED TO FIAP

By submitting a photograph to either Contest, the participant grants FIAP a non-exclusive, worldwide license to use the submitted photograph.

This license may include the right for FIAP to:

  • Reproduce, copy, publish, display, exhibit, distribute, communicate, and archive the photograph;
  • Use the photograph on FIAP websites, social media channels, digital platforms, and online galleries;
  • Include the photograph in FIAP publications, newsletters, reports, catalogues, presentations, videos, exhibitions, and other promotional or communication materials;
  • Use the photograph to communicate, promote, document, or preserve the activities of the 37th FIAP Congress and other FIAP activities;
  • Provide the photograph to FIAP member organizations, partners, event organizers, media organizations, printers, designers, publishers, or service providers where necessary for the purposes described above; and
  • Make reasonable technical adjustments, including resizing, cropping, format conversion, or adding captions, where necessary for publication or display, provided that the essential content and integrity of the photographic work are not materially altered.

The scope, purpose, duration, conditions of use, and other rights applicable to each Contest shall be specified in the official Rules of that Contest. In the event of any inconsistency between these Terms of Use and the official Rules of a particular Contest, the provisions of the applicable Contest Rules shall prevail, including any provisions relating to royalty payments, if applicable.

The participant retains copyright and all other rights to their photograph, except for the usage rights granted to FIAP under this Article and the applicable Contest Rules.

ARTICLE 5. TECHNICAL RIGHTS OF 5WPHOTO

5WPhoto does not own any rights to the photographs submitted to the Contests and may not independently exploit, use, or license such photographs beyond what is strictly necessary to provide and operate the technical platform for the Contests on behalf of FIAP. Any use of the submitted photographs outside the operation of the platform requires the prior written approval of FIAP or must be expressly permitted under the official Rules of the relevant Contest.

By participating in the Contests, participants authorize 5WPhoto to perform the technical processing necessary to operate the Contests on behalf of FIAP, including:

  • Receiving, storing, transmitting, and performing the technical processing necessary to display submitted photographs on the contest platform, including generating image versions in the sizes required by the Organizer;
  • Displaying photographs on contest pages, voting interfaces, judging interfaces, participant accounts, galleries, and results pages;
  • Providing access to submitted photographs and related information to FIAP, the Organizing Committee, the Jury, platform administrators, and other individuals or organizations expressly authorized by FIAP for contest-related purposes; and
  • Retaining technical copies for system security, data backup, technical verification, contest administration, dispute resolution, and maintaining system logs to provide an auditable history of user activities, ensuring the transparency, integrity, and traceability of the platform, in each case only for as long as necessary for such purposes and subject to the applicable agreement between FIAP and 5WPhoto.

The Organizer has the full right to access, export, download, and manage participant information, submitted photographs, and other Contest-related data stored on the platform. The Organizer is solely responsible for the management, use, and processing of such data in accordance with the official Contest Rules and applicable laws.

5WPhoto shall not use submitted photographs, related metadata, or personal data for its own marketing, advertising, analytics, profiling, product development, artificial intelligence training, machine learning, benchmarking, or any other independent purpose.

ARTICLE 6. IMAGE CONTENT POLICY

Participants may not upload photographs or other content that:

  • Violates any applicable laws or regulations;
  • Infringes the copyright, intellectual property rights, privacy rights, image rights, or any other rights of a third party;
  • Contains unlawful, pornographic, obscene, hateful, discriminatory, threatening, defamatory, or otherwise offensive material;
  • Promotes violence, harassment, abuse, or any illegal activities;
  • Misrepresents historical facts or defames any individual, organization, or entity;
  • Contains unauthorized advertising, commercial promotions, political campaigning, or other unrelated promotional content;
  • Contains malware, viruses, hidden files, corrupted data, or any content intended to interfere with the operation or security of the contest platform; or
  • Has been generated, manipulated, or altered in any manner prohibited by the official Rules of the relevant Contest.

The use of artificial intelligence (AI), image generation, image editing, composite images, or other digital processing techniques shall be governed by the official Rules of each Contest.

Participants are solely responsible for ensuring that their submitted photographs comply with the applicable Contest category, technical requirements, and official Rules.

ARTICLE 7. RIGHTS AND RESPONSIBILITIES OF FIAP

FIAP reserves the right to:

  • Establish, amend, or interpret the official Rules, categories, submission deadlines, judging procedures, awards, and schedules of the Contests;
  • Verify the identity and eligibility of participants;
  • Request original image files, metadata, supporting information, authorizations, releases, or proof of ownership where necessary;
  • Accept, reject, remove, or disqualify any photograph or participant that does not comply with these Terms of Use or the official Contest Rules;
  • Remove duplicate, fraudulent, inappropriate, unlawful, or technically non-compliant submissions;
  • Cancel, suspend, postpone, extend, or modify either Contest where reasonably necessary;
  • Correct administrative, technical, or publication errors;
  • Publish the Contest results and information relating to selected or awarded photographs; and
  • Make the final decision on all matters relating to participant eligibility, interpretation of the Rules, judging, voting, awards, and any disputes arising from the Contests.

FIAP will make reasonable efforts to:

  • Administer the Contests in a fair, transparent, and consistent manner;
  • Protect the integrity of the submission, voting, and judging processes;
  • Use submitted photographs in accordance with the rights granted under these Terms of Use and the official Rules of the relevant Contest; and
  • Process participants’ personal information solely for legitimate Contest-related purposes.

Unless otherwise required by applicable law, all decisions made by FIAP concerning the administration and operation of the Contests shall be final.

ARTICLE 8. RIGHTS AND RESPONSIBILITIES OF 5WPHOTO

5WPhoto acts solely as the technical platform provider and operational support partner for FIAP in connection with the Contests.

5WPhoto has no independent authority to organize, manage, administer, or make official decisions relating to the Contests. All authority and activities of 5WPhoto relating to the operation of the Contests, including the use of Contest data and submitted photographs, shall be carried out only under the authorization of FIAP or in accordance with the agreement between FIAP and 5WPhoto.

The rights, responsibilities, scope of authority, and obligations of 5WPhoto in relation to the operation and technical support of the Contests, including the processing of personal data and submitted photographs, shall be governed by a separate agreement entered into between FIAP and 5WPhoto.

ARTICLE 9. COMPLAINTS AND DISPUTE RESOLUTION

Any complaint relating to participant eligibility, judging, voting, awards, the use of submitted photographs, or the interpretation of the official Contest Rules shall be submitted to FIAP or to the contact person designated by FIAP.

Any complaint relating solely to account access, image submission, platform errors, or other technical issues may be submitted through the technical support channel provided by 5WPhoto.

A complaint should include:

  • The participant’s full name and registered email address;
  • The name of the relevant Contest;
  • A clear description of the issue; and
  • Relevant dates, submission references, screenshots, or other supporting evidence.

Complaints should be submitted within fourteen (14) days from the date on which the participant becomes aware of the issue, unless a different time limit is specified in the official Contest Rules or required by applicable law.

System records, submission records, voting records, judging records, timestamps, and system logs may be used as evidence in the investigation and resolution of complaints.

FIAP shall have the final authority over all decisions relating to the administration of the Contests, participant eligibility, judging, voting, awards, and the interpretation of the official Contest Rules.

The parties shall first make reasonable efforts to resolve any dispute through good-faith discussions.

Any dispute that cannot be resolved through mutual discussion shall be settled in accordance with the applicable law and the dispute resolution provisions specified in the official Rules of the relevant Contest, without prejudice to any mandatory rights granted to participants under applicable law.

 

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