The following terms and conditions govern your participation in the Scott Kelby Worldwide Photo Walk produced by Scott Kelby, president of the National Association of Photoshop Professionals (NAPP) and CEO of its parent company Kelby Media Group.
Scott Kelby does not claim ownership of your images taken during the Scott Kelby Worldwide Photo Walk. Entrants will retain copyright and moral rights in their images. However, we do need certain permission rights from you with respect to your image(s).
As part of your participation, you hereby give Scott Kelby, his/her heirs, legal representatives and assigns, those for whom Scott Kelby is acting and those acting with his/her authority and permission:
a) One (1) year usage rights and permissions to use, re-use, publish, and re-publish your winning image(s) you created, or reproduction hereof in color or otherwise, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose whatsoever for future promotions of Photo Walk events and/or The Adobe Photoshop Lightroom Book for Digital Photographers.
b) When your image is used it will always contain a credit line with name as owner of the image.
c) Your image will not be sold at any time for profit.
d) You also permit the use of any printed material in connection therewith.
e) You hereby release, discharge and agree to save harmless [photographer], his/her heirs, legal representatives or assigns, and all persons functioning under his/her permission or authority, or those for whom he/she is functioning, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.
f) You hereby relinquish any right that you may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.
g) You hereby affirm that you are over the age of majority and have the right to contract in my own name. I have read the above authorization, release and agreement, prior to its execution; I fully understand the contents thereof. This agreement shall be binding upon me and my heirs, legal representatives and assigned.
In consideration of the acceptance by Kelby Training, Inc. and Kelby Media Group, Inc., (collectively “Kelby”), of my participation in the Worldwide Photowalk, intending to be legally bound hereby, for myself, my personal representatives, and heirs acknowledge, agree and represent that I HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE Kelby, its officers, directors, representatives and employees (“Releasees”), from all manner of liability to me, my personal representatives, assigns and heirs for any and all loss, costs, including but not limited to attorneys’ fees and other expenses or damage, incidental or consequential, and any and all claims or demands therefore on account of injury to me or my property or resulting in my death, whether caused by any act or omission of Releasees, including but not limited to the negligence of Releasees or otherwise. I shall have no claim whatsoever against Releasees for any incidental or consequential damages, loss, or costs, including but not limited to attorneys’ fees and other expenses arising out of or relating to my participation in the Worldwide Photowalk and I agree that under no circumstances whatsoever shall I be entitled to any indemnification, reimbursement or compensation from Releasees for any incidental, consequential damages, liability, loss or cost, including but not limited to attorneys’ fees and other expenses, arising out of or in any way relating to the Worldwide Photowalk.
h) You accept the financial responsibility of paying any and all fees and/or taxes associated with prizes shipped outside of the United States of America to you.
i) You will not participate in or promote a contest for or sponsorship of your Photo Walk with businesses or individuals residing in your location or outside of your location that are not already an approved participant/sponsor/advertiser of the official Scott Kelby Worldwide Photo Walk.