Photo of the Week Rules and Guidelines
Last updated: March 7, 2016
Please read the following rules and guidelines (“Rules and Guidelines”) before you submit your photo to Sportport International’s (“Sportport”) Photo of the Week.
Photos provided to Sportport will be posted to the Website in the sole and absolute discretion of Sportport. Photos that do not meet the following “Photo Guidelines” will be ineligible for the Photo of the Week post on the Website at Sportport’s sole and absolute discretion:
• Photos cannot be sexually explicit, indecent, obscene or suggestive, or unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity; Photos cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
• Photos cannot defame, misrepresent or contain disparaging remarks about Sportport or its operations, or other people, products or companies;
• Photos cannot contain copyrighted materials owned by others without permission. Each Photo must not contain material that violates or infringes another person's rights, including, but not limited to, privacy, publicity or intellectual property rights, or that constitutes copyright infringement. Sportport does not permit the infringement of others’ rights and any use of materials not original to you.
INFRINGEMENT: If you believe that any Photo infringes or violates your privacy, publicity, property or other intellectual property rights, contact our representative to report such violation and/or request the Photo be removed. Please include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the party that has been allegedly infringed; (ii) identification of the copyright, trademark or other rights that have been allegedly infringed; (iii) your name, address, telephone number and email address; (iv) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent or the law; and (iv) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed. Our representative for notice of claims of infringement or other violations may be reached by mail at: 12525 Sportport Road, Maryland Heights, MO 63043; by phone at: 314-514-7417; or by email at email@example.com Attn: Sportport Intellectual Property Notice.
REPRESENTATIONS, WARRANTIES AND INDEMNITY: You represent and warrant that: (i) the Photo is your own original, previously commercially unpublished, and previously commercially unproduced work; (ii) the Photo does not contain any computer virus, is otherwise uncorrupted, is wholly original to you, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) you have all rights by ownership or license to the Photo, the individual elements of the Photo, and all copyright related thereto; (iv) that the Photo does not infringe any copyright or violate any property rights, privacy rights, publicity rights or any other rights of any other person or entity; (v) you are eighteen (18) years of age or older; and (vi) the Photo does not and will not violate any applicable laws. You will defend, indemnify and hold harmless Sportport and/or its licensees against all claims, suits, costs, damages and expenses that Sportport and/or its licensees may sustain by reason of any breach or alleged breach of any of the warranties, representations or agreements of you hereunder, or from your participation in the Photo of the Week. You further represent, warrant and covenant that you have the necessary and requisite authority to grant any assignments and/or releases requested under these rules and guidelines and that whenever so requested by Sportport, you will, without charge, execute and deliver such further instruments and provide such reasonable assistance as Sportport deems necessary or convenient for vesting in Sportport the full benefit of ownership of all rights in and to the Photo. By submitting a Photo, you agree that your submission is gratuitous and made without restriction, and will not place Sportport under any obligation, that Sportport is free to disclose the Photo on a non-confidential basis to anyone or otherwise use the Photo without any compensation to you.
LICENSE GRANT: You, upon uploading your Photo to the Website, hereby irrevocably grant to Sportport, and any parent, subsidiary or affiliated entity and their respective licensees, successors, assigns, sub-licensees, employees and agents, the non-exclusive, perpetual, royalty-free, no-cost license and right to display, reproduce, exhibit, distribute, copy, edit, change, modify, add to or subtract from, exploit or make any use or non-use of the Photo throughout the world in any manner, form or media, now known or later developed, including, but not limited to, use in print, media and Internet and on-line systems for any commercial or non-commercial purpose.
PUBLICITY RIGHTS/RELEASE. You, on behalf of yourself and/or your child, hereby irrevocably grant (and if requested by Sportport, agree to confirm this grant in writing) to Sportport and any parent, subsidiary or affiliated entity and their respective licensees, successors, assigns, sub-licensees, employees and agents, the right and permission to use, re-use, publish, re-publish, distribute, display, and reproduce any media, photograph, picture, portrait, image, your and/or your child’s name, likeness, photograph, image or any audio/visual recording of your and/or your child’s voice or performances, practices, coaching sessions, whether composite or distorted in character or form, without restriction as to changes, modifications or alterations, or reproductions thereof in color or otherwise, and any biographical information for use, (except where prohibited by law) in connection your Photo, including any and all informational, marketing, advertising, editorial, or artistic materials of Sportport or for any other purpose whatsoever, and in all forms of media and by all manners, now and hereafter known, and on and in connection with related products, services, advertising and promotional materials, now known or later created in perpetuity, without any obligation, compensation, royalty, revenue or consideration to you or your child.
THIRD PARTY RIGHTS IN SUBMISSIONS/RELEASES. If your Photo contains any material or elements that are not owned by you and/or which are subject to the rights of third parties, and/or if any persons appear in the Photo, you are responsible for obtaining, prior to submission of the Photo, any and all releases, consents and/or assignments necessary to permit the publication and use of the Photo in the manner set forth in these Rules and Guidelines without additional compensation. If any person appearing in any photograph is under the age of majority in their state/province/territory of residence the signature of a parent or legal guardian is required on each release. Upon Sportport’s request, you must be prepared to provide a signed release, in a form acceptable to Sportport, from all persons appearing in the Photo and/or from the owner of any material or elements of the Photo authorizing Sportport and its licensees, successors and assigns to reproduce, distribute, display, transmit, modify, publish and otherwise use and reuse the Photo in any format and media now known or hereafter devised, and to use the name and biographical material of such individuals in connection therewith, all on a perpetual and irrevocable basis, without any royalty or other obligation owing to such individuals. Sportport’s failure to request the release, consent or assignment as stated, shall not be deemed a waiver of Sportport’s rights and Sportport may at a later time request the release, consent or assignments.
GENERAL TERMS AND CONDITIONS: By submitting a Photo, you agree that Sportport and any parent, subsidiary or affiliated entity and their respective licensees, successors, assigns, sub-licensees, employees and agents are not responsible or liable for, and shall be released and held harmless from: (i) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (ii) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Photo; (v) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Photo of the Week; and (vii) claims based on publicity rights, defamation or invasion of privacy.