Terms and Conditions – 2121 Future Photography Project
The Project and How to Participate
As part of the OPPO 2121 Future Photography Project, OPPO is hosting our photography project (referred to hereafter as "the Project").
To participate in the Project, follow the instructions on this website and accept the following terms and conditions, which will form a binding agreement between you and Guangdong OPPO Mobile Telecommunications Corp, Ltd.
1.1. By participating in the Project, you hereby accept these participation rules (referred to hereafter as "the Rules"). If you do not wish to accept these Rules, please do not enter.
1.2. Photos must be shared on Instagram and uploaded through the website (if invited) no later than the deadlines as listed. Only works submitted in accordance with these Rules will be accepted for the Project.
1.3. To qualify for participation in the Project, you must be over 18 years of age. If under 18 years of age, you must first obtain permission from a parent or legal guardian before uploading any images to the event website or to be eligible for prizes.
Privacy
1.4. By uploading photos to OPPO’s website (if invited), you agree and acknowledge that OPPO is permitted to receive and review your registration data. You agree that personal data including, but not limited to name, surname,email address, country of origin, device model may be collected, processed, stored and otherwise used for the purposes of conducting and administering this photography campaign and other marketing initiatives. If you participate the Project via Instagram, we may also collect your Instagram username. If you are selected to receive a prize in cash, we will collect your necessary bank information for the sole purpose of sending you the prize. We will delete your bank information once we finish internal verification. You should reply to our email or private message on Instagram within five days, or else it’s considered that you give up the right for receiving awards.
At any time, you have the right to access, review, rectify or cancel any personal data held by OPPO by sending a message to our official email
dearfuture2121@oppo.com. All data you submit via our website and official email will be stored on our
server located in China.
Rules of Participation
2.1. To participate in the Project, you must share photos on Instagram and use the hashtag #dearfuture2121 in the post caption. OPPO users should use #shotonOPPO along with #dearfuture2121 to participate. Each user can share one (1) to ten (10) images in one (1) carousel post on Instagram. Photos shared through private accounts will not be visible to OPPO, and therefore will not be selected to receive prizes. This project starts on April 23rd, 2021 and will end on June 20th, 2021.
2.2. There are no restrictions on when these photographs may have been taken or on the type of device (including mobile phones and digital cameras) used to capture them. You must ensure that you have clear, independent and undisputed copyright privileges for all submissions, and that your submissions do not infringe on the rights of any third parties, including copyright, right of publicity, right of reputation, privacy rights, and so on. By participating in this event, you agree to abide by these Rules and to bear sole responsibility for any legal liabilities or disputes that may arise from your failure to do so. OPPO shall not bear any responsibility in any such cases, and you fully indemnify OPPO in respect thereof.
2.3. Participants may not use any portion of another person’s photograph to form any portion of their submission or submissions. Participants shall bear sole responsibility for any legal liabilities or disputes arising from violations of these conditions.
2.4. No submission/ participation fee is charged for entry, and work submitted cannot be returned. Only submissions in the form of a digital file will be accepted. In cases where the submission of a work fails or otherwise results in it being impossible to review, the contributor shall bear sole responsibility for any losses or consequences incurred by its submission.
2.5. When invited to upload photos to the website, each photograph should not exceed 10 MB in size.
Terms of Selection and Prizes
3.1. All participants will get a chance to win prizes as long as their photos posted for this campaign on Instagram are visible to the OPPO team. (Photos must be posted with public accounts in order to be viewed by the OPPO team). One user is selected to win a prize at a fixed time on every business day (Monday-Friday), and the user must follow the formatting rules. If not, a second round of selection will be conducted. OPPO will contact the users to distribute prizes on a bi-weekly basis.
3.2. All photos that are visible to the public on Instagram will be reviewed and pre-screened by OPPO editors. The screened entries are then reviewed by a team of professional photographers. These photographers will choose the winners, and their decisions are final.
3.3. Winning photographs may be included in the future in exhibitions and/or screenings as part of promotions of this iteration or future iterations of the Project. Each photographer retains the copyright of his or her images in accordance with and subject to Clause 4 below, and proper credit lines will be attributed to each photographer when exhibited or screened anywhere (provided that any inadvertent failure to do so shall not be a breach of these Rules).
3.4. The full name, country of origin, and Instagram account of each participant whose work is selected as a winner may be published online.
3.5. Cash prizes will be paid by wire transfer or other electronic methods. Any fees incurred for foreign currency transfers will be deducted from the winning amount.
3.6. No cash alternatives will be offered for any prize.
3.7. Submissions that fail to comply with the Rules will not be eligible for selection. If such works are selected, they may be subsequently disqualified at any time. Organizers reserve the right to revoke any prizes, compensation, certificates, or other benefits awarded in connection with such works and to publish notice of said actions on their websites or other public media.
3.8. If your photos are selected to be featured, the event organizer will contact you via direct message on Instagram. Upon being contacted, you must promptly submit the original file for your submission, fill in your personal information as requested, and submit your declaration of copyright and authorization as well as any other documents requested. Failure to submit all required documents within the specified time limit or the submission of documents which do not meet the event organizer’s requirements will be interpreted as a relinquishment of your eligibility, upon which your position on the list of winners will be awarded to another entrant, selected at the organizer’s discretion.
3.9. By participating in this Project, you agree and acknowledge that all personal information you submit is true and accurate, including your name, phone number, email address, and any other contact addresses you provide for the purposes of communication about prize. The event organizer will only use your personal information for the above purposes and within the extent permitted by the applicable privacy laws. Upon announcing prizes, the event organizer will contact all winners to verify that the personal information they used to participate the Project is complete and accurate. If incomplete information prevents the sponsor from delivering a prize to its winner, the prize will automatically be considered waived and will not be reissued.
3.10. In cases where a prize cannot be delivered due to causes originating with the winner (including but not limited to failure to provide contact information within three days of the conclusion of the event or submission of incomplete or inaccurate contact information that prevents the organizer from establishing contact) the prize will automatically be considered waived. The sponsor assumes no responsibility for any such outcome and will not reissue prize in such cases. Upon receiving their prizes, winners will be expected to confirm completion of delivery by notifying the distributor directly, except where abnormal circumstances prevent this. OPPO shall not be liable for any accidents or damages suffered by winners relating to the use or receipt of prizes.
3.11. Prizes may not be exchanged for cash. If unforeseen circumstances prevent the distribution of a prize, the organizer reserves the right to issue an equivalent prize in its place. Replacement awards may not be exchanged for cash. Prize money will be delivered by bank wire transfer only, and any applicable banking fees will be paid by the winner according to the relevant regulations in the winner’s country of residence.
3.12. Pictures of prizes are provided for reference only, and actual prizes may vary. In cases where prizes exhibit quality problems, recipients should contact the prize’s provider or designated distributor and follow the relevant policies for return, replacement, and/or maintenance.
3.13. Prize recipients shall bear full responsibility for any personal income taxes incurred with their prizes. The event’s sponsors shall bear full responsibility for any domestic or international shipping charges incurred by the delivery of the prize.
Copyright
4.1. OPPO reserves the right, in its sole discretion, to disqualify and remove any photograph that does not comply with the following requirements, even after the photograph appears on the website. You warrant, in respect of the photographs submitted by you, as follows:
4.1.1. You are the sole copyright owner and creator of the photographs.
4.1.2. You have the right to enter your photographs in this Project.
4.1.3. To the best of your knowledge, the photographs do not contain any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane content.
4.1.4. To the best of your knowledge, the photographs do not contain any material that could constitute or encourage conduct which would be considered a criminal offense or give rise to civil liability.
4.1.5. The photograph does not infringe upon the copyrights, trademarks, contract rights, or any other intellectual property rights of any third person or entity, or violate any person’s rights of privacy or publicity, and does not include:
4.1.5.1. trademarks owned by third parties.
4.1.5.2. copyrighted materials owned by third parties.
4.1.5.3. names, likenesses or other characteristics identifying celebrities or other public figures, either living or dead.
4.1.5.4. entries in which you have purchased or secured the rights to use stock images.
4.2. You agree to fully indemnify OPPO in respect to all royalties, fees and any other monies owing to any person by reason of your breaching any of the foregoing conditions.
4.3. You confirm that where required by local laws, each person depicted in the photograph has granted permission to be portrayed as shown—and has the right to grant that permission. All other relevant permissions must have been obtained.
4.4. Images should comply with guidelines proposed by UNICEF for ethical reporting on children (https://www.unicef.org/ceecis/media_1482.html). It is important, always, to take into account the ethical considerations of photography, and to protect vulnerable people from potential harm that could be inflicted as a result of publishing images that expose or identify individuals or groups who may be or may become vulnerable as a result of the publication of the image.
4.5. OPPO recognizes that you retain full ownership of the copyright in each photograph that you have submitted, subject to the rights granted in clause 5 below.
4.6. All information displayed on the OPPO 2121 Future Photography Project website is protected under international copyright law. Under copyright laws, the propagation of any material or content therein (including by reproducing, modifying, uploading, posting, transmitting, distributing, licensing, selling, or publishing said content) without express written permission from its owner is prohibited, with the sole exception of personal and non-commercial uses.
Image Rights & Usage
5.1. You agree that all photograph(s) submitted to the Project may be reproduced and used to conduct and promote this Project and future projects in any and all media until you request us to stop. You hereby grant OPPO the right to use submitted photographs in the scope of such promotional activities. Any other usage requests will be directed to the photographer.
5.2. Any photograph used by OPPO shall carry a credit line. Any failure to provide such credit line shall not be deemed to be a breach, as long as OPPO uses its reasonable endeavors to rectify such failure within a reasonable period from the date of notice of such failure.
5.3. You acknowledge that OPPO and its event partners assume no responsibility and are not liable for any image misuse.
OPPO WEBSITE
6.1. All information displayed on this website is protected under international copyright law. Under international copyright law, the propagation of any material or content therein (including by reproducing, modifying, uploading, posting, transmitting, distributing, licensing, selling, or publishing said content) without express written permission from its owner is prohibited, with the sole exception of personal and non-commercial uses.
6.2. While OPPO will do its best to provide accurate and up-to-date event information on this website, OPPO is unable to fully guarantee the accuracy or reliability of all details appearing therein, and will not assume liability for any omissions or other errors that may occur in said content (including but not limited to typing errors or errors of a technical nature).
6.3. You understand that you use or browse this website at your own risk. Neither OPPO nor any of its sponsors, event sponsors, or third-party partners and affiliates that participate in the creation, production, or delivery of the website shall be held liable for any direct, indirect, incidental, or punitive damages sustained while visiting, using or browsing, or downloading information, data, text, audio, or photography and other images from the website. The aforementioned damages include, but are not limited to, damage to computer equipment, infection with computer viruses, or any other property damages. Additionally, all content appearing on the event website is provided strictly as is, without any express or implied guarantees, including but not limited to any implied guarantee of marketability, applicability for a specific purpose, or non-infringement status.
Waiver of Liability
7.1. OPPO assumes no responsibility for any incorrect, inaccurate or incomplete information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Project. OPPO assumes no responsibility for technical, hardware or software failure of any kind, for lost network connections, garbled computer transmissions, other problems or technical malfunctions with regard to the Project. OPPO assumes no responsibility for any error, omission, corruption, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of entries. OPPO is not responsible for any problems with or the technical malfunction of any telephone network or lines, computer online systems, servers, computer equipment, software, failure of any e-mail addressed to OPPO on account of technical problems, human error or traffic congestion on the internet or any website, or any combination thereof, including any injury or damage to your or any other person’s computer related to or resulting from participation or downloading any materials in the Project. If for any reason a contestant’s photograph cannot be viewed or is not capable of running as planned, including infection by computer viruses, bugs, tampering, unauthorized intervention, fraud or technical failures, OPPO assumes no responsibility.
8.1. In no event will OPPO, its members, event partners or its officers, directors, or employees be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential, special or punitive damages arising out of any contestant’s access to and use of the website and participation in the Project. Without limiting the generality of the foregoing, everything on the Website is provided “as is”, without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for purpose or use or non-infringement.
Changes to the Rules
9.1. OPPO reserves the right to make reasonable adjustments to the above terms and conditions in keeping with standard practices for similar events and transfer of public gallery rights. Please refer to these terms regularly to ensure you are aware of and understand any changes made by OPPO. By continuing to use this site, you accept these terms and conditions as legally binding regardless of any changes occurring herein.
Publicity
10.1. Winners agree to participate in related publicity and to the use of your name and winning images for the purposes of advertisement, promotion and publicity by OPPO in relation to the Project without additional compensation. Such requests will not be unreasonably withheld.