By accepting these terms, I, the Participant, agree to the following:

  1. Voluntary Participation: That participation in this contest is entirely voluntary
  2. Rules, Decisions, and Prizes:
    • To abide by the contest rules
    • That the decisions of the contest judges are final
    • All US federal, state and local taxes and any other fees from receiving prizes are the sole responsibility of the prize winners
    • If the winner(s) of any prize is found to be ineligible or decline the prize, the prize will be forfeited. Envision Kindness and the judges, at their sole discretion, may choose whether to award the prize to another contestant
  3. License to Use Submitted Content: I (the “Participant”) agree to license to Envision Kindness, Inc (“Envision Kindness”), the non-exclusive worldwide right to use the submitted content provided in the form of photographic images and accompanying text (all considered Content). I, the Participant, acknowledge that I am at least 18 years of age and own the copyright to the content provided to Envision Kindness.  I recognize that there is no expectation of compensation for submitting this Content. If there are other creators of the submitted Content, then I, the Participant, warrants that all co-creators agree with the terms of the contest. Pursuant to this license agreement, Participant and any co-creators grant non- exclusive permission for the following usage of the Content:
    • Display on the Envision Kindness website or Envision Kindness related websites (such as a future contest website);
    • circulation via e-mail and similar messaging services (e. g., Twitter, Facebook, or an app) to Envision Kindness subscribers and the general public;
    • display in physical exhibits in venues such as galleries or museums or theaters;
    • publication as part of a collective work in book, journal, calendar or other forms;
    • display on monitors/screens in public spaces
    • use for promoting Envision Kindness and Envision Kindness-sponsored events (including events for which Envision Kindness is not the sole sponsor);
    • Envision Kindness may modify the content or create derivative works at the discretion of Envision Kindness;
    • and testing in social science research that Envision Kindness undertakes to understand how these images affect people.
  4. Copyright
    • Participant retains the copyright and grants Envision Kindness a non-exclusive license to use (and potentially modify)  Content as consistent with its mission.
    • Participant warrants that he or she is the owner of the copyright to all Content submitted to Envision Kindness and that the Content does not violate any laws or the rights of any individuals or business entities including copyrights, trade secrets, privacy rights, and right to privacy.
    • If there are co-creators of the submitted Content, then Participant warrants that the co-creators have all given approval for submission of the Content to this contest and for its potential use as described above.
  5. If published, then Content will be identified (credited) as work of Participant (and co-creators, as indicated).
  6. Accompanying Information and Model Releases:
    • Participant warrants that the information provided to Envision Kindness (whether entered onto the contest website or in any form of communication with Envision Kindness staff) is complete and accurate to the best of their knowledge.
    • Participant also warrants that they have received model releases from any and all individuals captured in their Content having a realistic expectation of privacy (not in a public space). 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.  In addition, any information contained in the model release is complete and accurate and that, if a model release is provided, the persons depicted in Content have consented to publication or use of their likeness for purposes such as advertising, promotion, placement on commercial products, and fundraising. I, the Participant, agree to be responsible for retaining the model release for seven years and agree to provide the model release(s) upon written request by Envision Kindness.
  7. Waiver and Release:
    • The Participant of the submitted work, as well as any co-creators, shall indemnify, release and forever discharge and hold harmless Envision Kindness, its agents, officers, directors, employees, associates, successors and assigns from any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from my association and engagement with Nonprofit. The indemnity shall apply to any liabilities and expenses (including attorneys’ fees and costs) or claim that I, the Participant, may have against Envision Kindness with respect to financial cost, bodily injury, personal injury, illness, death, or property damage or other loss that may result from my engagement with the Envision Kindness Photography Contest, including but not limited to the production of materials for Envision Kindness or participation in any Envision Kindness  events.
  8. Cancellation of Contest: If for any reason the contest must be canceled, as determined by Envision Kindness, then Envision Kindness will not retain any rights to the submitted content.
  9. General Terms:
    • If any term or provision of this Agreement is found to be unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect and shall be fully enforceable on its remaining terms and conditions.
    • Participant agrees that all claims involving the content shall be brought in State of Connecticut, USA.
    • This agreement is the complete and exclusive statement of the Agreement between Participant and Envision Kindness, which supersedes any proposal or prior agreement, oral or written, and any other communication between Participant and Envision Kindness, relating to the subject of this  Agreement.
    • This contest is governed by the laws of the United States of America