Terms and Conditions 2019
1. Introduction

1.1 The Metro Photo Challenge was introduced fourteen years ago in Sweden and ran globally for the first time in 2007.

1.2 By registering and submitting a photo, you enter the Metro Photo Challenge 2019, acknowledge and accept the terms and conditions set out below, as well as the Metro International Licensing, S.A. (from now on METRO) detailed below.
Upon the submission of any personal information to us, you expressly grant permission to us to disseminate and/or use such information for any lawful purpose, as detailed in the privacy policy.
By registering, you give us your express consent to disclose and / or use any personal information you have provided to us, for any legal purpose, as detailed in the Privacy Policy referred to in the previous paragraph.
Before registering, the participant must have read, understood and accepted on the site www.metrophotochallenge.com the participation requirements and these terms and conditions. The mere fact of typing the link or connection (the button) "participate" in the internet site mentioned above, implies that the participant grants:
• Their agreement and acceptance of the terms and conditions of the bases.
• Their conformity and acceptance so that the jury unilaterally and unilaterally determine and resolve those provisions contemplated and not contemplated in these terms and conditions.
• Their agreement and acceptance to receive by any means, information related to the activities of the before mentioned contest, being able to freely request the non-delivery of said information at any time.

2. PARTICIPATION

2.1 The Metro Photo Challenge 2019 (also referred to below as the “challenge”) is arranged by METRO together with local Metro subsidiaries and local Metro franchisee around the world (jointly referred to as ”Metro” below). To be a part of Metro Photo Challenge 2019, and to have the chance of being a local finalist or a global grand prize winner, you need to upload at least one photo that meets the approved photo requirements (as defined below) in the global category: Moments That Take Your Breath Away, before November 28th, 2019.

2.2 The Metro Photo Challenge 2019 will run between October 1st 2019 and November 28 2019. The Local winners will be announce on December 5, 2019. The Global winners will be announce on December 12, 2019. You may only compete in one country. The participating countries are Chile, Colombia, Guatemala, Italia, México, Peru and Russia.

If any legal controversy or any type of claim arises, in the case “Mexico” as well as in the case of an “International Section” where anyone outside the countries referred to in the previous paragraph may participate, it will apply what is established in paragraphs 14 (APPLICABLE LAW) and 14.1 of these Terms and Conditions of the Metro Photo Challenge 2019.

2.3 Please visit the websites of the respective countries to register and to accept the local terms and conditions for the challenge in that country. The local terms and conditions will apply in addition to these terms and conditions. In cases of discrepancies, the local terms and conditions shall apply.

2.4 If you are not a resident of any of the Metro countries, you may still take part in the challenge via the “International section”.

2.5 The Metro Photo Challenge 2019 is free of charge and open to anyone, other than employees, agents, contractors and consultants (or their families) of metro and its affiliates. If you are under the age of 18, you must provide metro with your parent’s or legal guardian’s approval to take part in the challenge, however to be awarded with the global grand prize you must be at least 18 years old.

2.6 Metro will collect your first name, city of residence, age and valid e-mail address. You cannot take part in the challenge without submitting this data. Your personal data will be handled in accordance with Metro’s privacy policy.

2.7 Metro has the right to publish your name, age and city of residence next to the photos that you submit for marketing and editorial promotional activity such as television, internet, radio, printed media and social networks, among other in relation to the Metro Photo Challenge 2019.

2.8 To upload an image you must register in the Metro Photo Challenge 2019 through the website www.metrophotochallenge.com with your email address or by linking your account to Facebook, Twitter, Instagram or Google. Pictures may be only uploaded through www.metrophotochallenge.com.

3. LOCAL AND GLOBAL WINNER SELECTION

3.1 The challenge consists of two evaluation phases (“phase one” and “phase two”).

3.2 Round one runs from October 1, 2019 to November 28, 2019 (participation phase). In phase one, each local jury will select one photo, one per category, based on the judging criteria (as set out in sections 7, 7.1, 7.2, 7.3 and 7.4). In addition to these three local finalists’ photos, there will be a public vote, through which the local public will select three photos, by using the vote button function as described below (section 6, 6.1 and 6.2). The six photos from each country and the “International section” will then be sent to the global final competition in phase two. Local finalists selected by the local juries and the public vote will be announced on December 5, 2019.

3.3 Phase two runs from December 5 to December 12, 2019. In round two, a global jury will, in its sole discretion, select one grand winner based on the judging criteria. The global winner (the “global grand winner”) will be announced on December 12, 2019.

3.4 You may submit one or more photos, but only one of your photos may be selected as a finalist photo. If more than one of your photos are top ranked, the local and global juries will, in their sole discretion, select one of your photos that will compete in the local and global finals.

3.5 By participating in the Metro Photo Challenge 2019 you accept that the decisions taken by the local juries and global jury are final and binding and cannot be appealed.
All participants will receive a participation diploma which they can download and print at www.metrophotochallenge.com

4. WINNERS & PRIZES

4.1 The Grand Global Winner will receive a global grand prize described below (the “global grand prize”).

4.2 The Grand Global Winner selected by the global jury will receive the Grand Prize:
A 7 day photographic expedition to Africa, accompanied by a member of the Metro Team, to be held during the first or second half of 2020 (depending on the temporality of the weather conditions). The Grand Global Winner will be announced on the site www.metrophotochallenge.com on December 12, 2018, and the exact dates of the expedition to Africa will be communicated to the Grand Grand Global Winner, via e-mail, as soon as possible as of the aforementioned date.

The Grand Prize has a total value of around €3,500 which includes: Round-trip from the country of origin of the Grand Global Winner; accommodation for the whole stay in Africa (6 nights); and activities, transportation and guide during the whole stay. The Grand Prize is provided by Metro International Licensing, S.A.
Photos taken by the Global Grand Winner during the expedition may or may not be used by our global editorial team, Metro World News, for possible publication in our participating countries during 2019, 2020 or 2021. However, neither Metro World News nor Metro is required to post this kind of photos.
The winner must respect the available flight schedules. In the event of loss of flight due to causes attributable to the Grand Global Winner, the Contest Organizer shall have no liability or obligation to purchase new airplane tickets.
Global Grand Winner will be responsible for ensuring that he or she meets the requirements to obtain the visa and pay the taxes or rights related to obtaining it and that are necessary to travel to the corresponding countries. Global Grand Winner will also be responsible for ensuring that he or she has, where appropriate, appropriate permits and insurance (life and travel and / or third party damages). Likewise, Global Grand Winner will sign a responsive letter, which will be sent to you via email, so that Global Grand Winner will be able to download, print and sign it, attaching a copy of official identification with a photograph and signature, to send it by a courier service, either private or by registered mail, to the address of the organizer.

4.3 In any case Metro International Licensing S.A and/or their partners may not be held responsible for any matter occurring to or caused by the winners in connection with this contest or during the travel and/or stay in the final destination where the prize will take place and/or in connection there to. The limitation of liability for Metro and their partners includes, but is not limited to: i) any possible injuries, health problems, provided healthcare or hospital stays, and, even death; ii) any facts considered force major or act of god; iii) damages caused by or to the winner in relation to any property belonging to the winner or third party; iv) matters with authorities or other entities; v) and / or any similar occurrences in relation to the prize and/or contest.

4.4 For security reasons, you must be at least 18 years old to claim the global grand prize. If you are under the age of 18, you cannot claim the global grand prize. Instead, the global jury will select in their sole discretion a new winner between the rest of the finalist participants, who will receive the global grand prize.

4.5 Prizes are non-transferrable and cannot be exchanged for cash. Metro has the right, at its sole discretion and at any time, to substitute a prize for another prize of equal or greater value. All prizes are awarded as is, and no warranties or guarantees beyond the standard manufacturer’s warranty are implied or expressed.

4.6 If you are selected as a winner, Metro International Licensing S.A., will notify you to a valid e-mail which you provided. You accept your prize by replying to the notification e-mail. In the event of non-acceptance of a prize within five (5) days of receipt of the notification e-mail, Metro International Licensing S.A reserves the right to reallocate the prize to another participant, in Metro International Licensing S.A discretion. If you are selected as a winner, you must pay any potential tax in relation to the prize.


5. THE PUBLIC VOTE TO SELECT FINALISTS

5.1 The public can vote for any photo, in any category, in any country as stated on section 3.1, 3.2 or 3.3 of the Terms and Conditions. Each person may only vote once per photo by pressing the “vote button” on the local section of www.metrophotochallenge.com.

5.2 Facebook or Instagram likes, Facebook shares and similar are not considered as votes and will not be counted as such.

5.3 in case Metro detects any anomaly or suspect that a participant is preventing the normal development of the contest, altering illegally the voting or any kind of suspicious activity by means of any technical or computer procedure, Metro reserves the right, at its sole discretion and at any time, to disqualify the entry and/or the participant from the contest. In this regard it is important to add that metro international licensing has enabled the necessary technological support to detect any possible anomalous or fraudulent action and performance where a participant tries to alter the participation in the contest with the aim of achieving the grand prize through illicit means.

6. CATEGORIES

6.1 The global category for the Metro Photo Challenge 2019 is: Moments That Take Your Breath Away.

6.2 Color filters, minor burning, dodging and/or color correction is acceptable, as is cropping. Other photo-editing techniques, such as photomontage, stitched panoramas and collages can’t be used.


7. JUDGING CRITERIA

7.1 The Metro Photo Challenge 2019 jurors will select winners of the challenge by evaluating the photos according to the following criteria (the “judging criteria”). As mentioned above, there are several local juries and a global jury.

7.2 The global jury can be viewed on the about page www.metrophotochallenge.com/about.

7.3 The local jury can be viewed on the about page www.metrophotochallenge.com/about.

7.4 The judging criteria consist of the following factors:

a) Fit and relevance:
- to what extent the photo “fits” and is relevant to the category.
B) Creativity:
- is the subject matter pictured in a unique way or is a common item shown from an interesting point of view?
- does the photo demonstrate originality?
C)Technical quality:
- color and/or tonal rendition
- contrast
- lighting
d) overall impression:
- does the photo grab the viewer’s attention and hold it?
- does it have the “wow” factor? Are there any special effects or extras?

8. APPROVED PHOTO REQUIREMENTS

8.1 Each photo must meet the following requirements (the “approved photo requirements”) in order to qualify as an entry to the Metro Photo Challenge 2019.

A) Each photo may only compete in one of the countries included in the challenge, as set out above, or in the International Section.

B) Each photo may compete only in one category.

C) Each photo must be in digital format. Only online entries will be eligible. No print or film submissions will be accepted for entry in the challenge. However, the photo need not be taken with a digital camera; scans of negatives, transparencies, or photographic prints are acceptable. All digital files must be 10 megabytes or smaller, and must be in jpeg or jpg format.

D) Only minor burning, color filters, dodging and/or color correction is acceptable, as is cropping. Other photo-editing techniques, such as photomontage, stitched panoramas and collages can’t be used.

E) By participating in Metro Photo Challenge 2019, you guarantee that the submitted photo is an original work created solely by you, that it does not infringe the copyright, trademark or other intellectual property right of any person or entity, and that no other party has any right to the photograph.

F) A photo that includes a work that may be protected by copyright, for example works of art, statues and written works, may be accepted provided that the included work is only depicted as “an object in its environment” and not, for example, a full-frame close-up. You must be prepared to provide a release form, signed by the rights holder, in which the rights holder confirms that you are entitled to enter the photo in Metro Photo Challenge 2019.

G) In order to be accepted in Metro Photo Challenge 2019, the photo may not, in the sole and unfettered discretion of Metro, contain obscene, provocative, defamatory, sexually explicit or otherwise objectionable or inappropriate content.

H) You may include watermarks in your submissions but we strongly recommend you not to do this as it might interfere with the overall judging, so they will be disqualified.


9. REASONS FOR DISQUALIFICATIONS

• In the event that the participant (s) who submitted the photograph (s), hereinafter referred to as the "material", does not comply with any of the participation requirements.
• In case the material does not comply with the participation requirements.
• In case the participant incurs any conduct that implies discredit, defamation or slander against the organizer or against the members of the jury of this contest.
• In case the participant or participants have submitted material that is not of their creation and is shown to be the creation of a third party.
• In case the participant (s) have presented the material in a discussion forum.
The organizer may request the original of any of the photographic works if it so requires or considers, on a discretionary basis. The organizer will determine the deadline for delivery of the original and will inform the participant or participants. In case of not delivering it, this may be cause for disqualification.
• The participant or participants must have obtained the corresponding authorizations for the use of image, historical or artistic monuments or any other type of authorization related to the photograph (s). Failure to do so may result in disqualification.

• Failure to comply with any of the points contained in these grounds will determine the immediate disqualification of the participant or participants.

10. INTELLECTUAL PROPERTY RIGHTS

10.1 When submitting your photo for the Metro Photo Challenge 2019, each Participant expressly acknowledges and declares that each photograph submitted to this contest was created under the form of a "Work by Order" of METRO, in accordance with the applicable provisions in the field of law of author. Due to the above, by participating in this event, it is understood that the participants accept this modality. The author (s) of the material selected by the jury as the winner (s), is obliged and must sign any document (s) that may be required by Metro International Licensing, SA , related to the economic rights of the work (s) or the registration of the photographic work (s). No photograph (s) will be returned to participants, as the patrimonial rights belong to Metro International Licensing, S.A.
10.2 If the photograph of a participant is used by Metro or its partners or affiliates in the terms indicated, the name and the city in which the participant resides will be published in the frame of the photo.
10.3 Metro reserves the right, in its sole discretion, to edit and cut photos submitted to the Metro Photo Challenge 2019, as long as it is necessary for the photo to be uploaded and included in the Metro Photo Challenge 2019. The only condition is that the modifications that must be made to the photo are minimal.

11. ILLEGAL OR INAPPROPRIATE CONTENTS.

11.1 You are solely responsible for your photo and agree to keep METRO free of any claim that third parties may make. By submitting your photo, you warrant that it does not infringe any third-party rights and that your entry does not violate applicable laws and regulations. METRO will provide a self-restraint mechanism; in which visitors may point out that content is inappropriate or offensive. Therefore, it is important that you make sure that your photo is of its creation and that it does not include the works of third parties, nor violates any applicable law.

11.2 METRO may, in its sole discretion and at any time, to remove photos and other content from web sites that it suspects are in violation of these terms and conditions or otherwise offensive, illegal or inappropriate.

11.3 In case METRO detects any anomaly or suspects that a participant is impeding the normal development of the Metro Photo Challenge 2019, for example, by illegally altering its photo, by means of any technical or computer procedure, METRO reserves the right, at its sole discretion, sole discretion and at any time, to disqualify the photo and / or the participant. In this regard, it is important to add that METRO has enabled the technological support necessary to detect any possible anomalous and / or fraudulent action that tries to alter the participation in the Metro Photo Challenge 2019 in order to obtain a prize by means of illicit means.

12. MISCELLANEOUS

12.1 Metro International Licensing, S.A. further reserves the right, in its sole discretion, to cancel the contest prior to the closing date set forth in these Terms and Conditions. Reasons for cancellation may include, for example: change in technical conditions, occurrence of a force major event, changes in local law or a lawsuit filed by a third party. In case the Metro Photo Challenge 2019 is canceled, all participants will be informed without delay on the site www.metrophotochallenge.com.


13. LIMITATION OF LIABILITY

13.1 Under no circumstances may Metro International Licensing, SA, its partners or the Metro Photo Challenge 2019 be held responsible for loss of profit, indirect or consequential damages that arise, for example, in connection with the granting or use of the Global Grand Prize, or other technical errors that may occur during the course of the Metro Photo Challenge 2019, or any other imputable circumstance that may affect the development and participation in the Metro Photo Challenge 2019, including but not limited to the inactivity of the website competition platform; lost or stolen visits/sessions, or inability to process visits/sessions; the presence of computer viruses, or for damages or errors in the software or hardware of the participant.

14. GOVERNING LAW

14.1 The Metro Photo Challenge 2019 is governed by the laws of the federal jurisdiction of Mexico. Any controversy will be resolved definitively in the federal courts of Mexico City.

15. CONTACT

We can be contacted at INSURGENTES SUR 716 PISO 9, DEL VALLE, CIUDAD DE MÉXICO, CP 03100 which is the address of the organizer and responsible for the Metro Photo Challenge 2019 who is Metro International Licensing, SA and at mpcglobal@metro.lu. or at the telephone number (52-1) 55-79-20-61-90.


PRIVACY POLICY

1. General

1.1 This privacy policy (the “policy”) sets out how metro international licensing uses and protects any information that you give us when you use this website. By using the website www.metrophotochallenge.com and/or entering the challenge, you accept this policy. Metro International Licensing S.A. is committed to ensuring that your privacy is protected. You can be assured that any information we ask you to provide and by which you can be identified will only be used in accordance with this policy.

1.2 . Metro International Licensing S.A.may change this policy from time to time by updating this page. You should check this page regularly to ensure that you are happy with any changes.


2. Responsible for Personal Information

Metro International Licensing, S.A. (METRO) is the person Responsible for your personal data. In order for you to assert any of your ARCO rights, you may contact Metro International Licensing, S.A. at the address located at: INSURGENTES SUR 716 PISO 9, DEL VALLE, CIUDAD DE MÉXICO, CP 03100 which is the address of the organizer and responsible for the Metro Photo Challenge 2019 who is Metro International Licensing, SA and at mpcglobal@metro.lu. or at the telephone number (52-1) 55-79-20-61-90.

3. Your consent

By providing us with your personal information, you consent to the processing and transfer of information as set out in this policy.


4. What personal information does metro collect on this website?

Metro will collect your first name, age, city of residence and e-mail address. You cannot take part in the challenge without submitting this data.


5. What we do with the information we gather

5.1 The personal data collected on the official website of the Metro Photo Challenge 2019 will be used to contact you, either to ask you to clarify any point regarding a photograph that has submitted to the contest; in case any of your photos win a prize; to notify you of the disqualification of any of your photographs or your disqualification as a participant of the contest, as well as to discuss any other matter relating to your participation in the Metro Photo Challenge 2019. METRO and its affiliates will not use your personal information for purposes other than the promotion of the activities related to the Metro Photo Challenge 2019, without obtaining their prior and express consent. METRO will be able to publish your submitted photos, along with your name, your age and the city where you live, for any and all promotional activities related to the Metro Photo Challenge 2019 and 2020.

5.2 We may also use your email address to send you emails and promotional information, which we think may be of interest. By sending your email to us, you are specifically committed to receiving such emails, but you can at any time unsubscribe from the emails we send.

6. Will Metro International Licensing disclose the information it collects to third parties?

We do not sell or transfer any of your personal data to third parties. Your personal information may from time to time be transferred for further processing to third parties acting under the direction of METRO, according to the purposes for which the information was originally collected, and for the purposes for which you have consented, in accordance with this policy.

7. Third-country transfer

The information we obtain from you may be transferred to a destination outside the European Economic Area ("EEZ") for the purposes indicated above. By providing us with your personal information, you expressly consent to such transfer.


8. Why does metro international licensing use “cookies”?

8.1 “Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. They make it possible for metro international licensing to identify registered users without needing to ask for registration details every time you vote for an entry or every time you access the site. The website uses cookies to make the user experience easier and speed up some processes.

8.2 A cookie in no way gives us access to your computer or any information about you, other than the information you choose to share with us. You can choose to accept or decline cookies. Declining cookies may prevent you from taking full advantage of the website.


9. Security

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.


10. Links to other websites or services

The website may contain links to other websites or services of interest. However, you should note that once you leave the website via these links, we do not have any control over that other website or service. Therefore, we cannot be responsible for the protection and privacy of any information that you provide whilst visiting such sites or services, and such sites and services are not governed by this privacy policy. You should exercise caution and review the privacy statement applicable to the website or service in question.


11. Controlling your personal information

11.1 Once a year you may request, free of charge, details of the personal information about you that is processed by us. Such a request must be made to us in writing and be signed by you.

11.2 Further more, you may demand that we and we will, rectify, block or delete any inaccurate personal information.

12. Contact information

You can contact Metro International Licensing, S.A. at the address located at INSURGENTES SUR 716 PISO 9, DEL VALLE, CIUDAD DE MÉXICO, CP 03100 which is the address of the organizer and responsible for the Metro Photo Challenge 2019 who is Metro International Licensing, SA and at mpcglobal@metro.lu. or at the telephone number (52-1) 55-79-20-61-90.