TERMS AND CONDITIONS OF PARTICIPATION IN AND USE OF
THE KODAK MOMENTS OF THE DAY PHOTO PROGRAM (THE “TERMS”)
Acceptance of these Terms and Enquiries:
These Terms apply to the Kodak Moments of the Day Photo Program (“KMOTD program”) and submission by you of photographic works in connection with that program. Please read these Terms carefully and indicate your acceptance of these Terms by checking the “accept” box on the photo submission page.
If you are accessing the KMOTD program from within the European Economic Area or the United Kingdom, the KMOTD program is brought to you by Kodak Alaris Limited of Hemel One, Boundary Way, Hemel Hempstead HP2 7YU, UK at .
If you are accessing the KMOTD program from elsewhere, the KMOTD program is brought to you by Kodak Alaris Inc. of 336 Initiative Drive, Rochester New York, 14624, US.
Kodak Alaris Inc and Kodak Alaris Limited (as the case may be) are referred to in these Terms as Kodak Moments. All enquiries regarding the KMOTD program should be sent to Kodak Moments at kmotd@kodakalaris.com.
The Terms apply in addition to the Kodak Moments “Site Terms” a copy of which can be found at the link displayed at the bottom of this page. To the extent of any conflict between the Kodak Moments Site Terms and these Terms, these Terms shall prevail.
Age limit
In submitting photographic works (“photo(s)”) to the KMOTD program, you confirm that you have full legal capacity and are aged 18 or are aged 16 or over and have legal parental or guardian consent and are fully able and competent to understand and accept these Terms. You may not submit photos if you are aged under 16.
Intellectual Property Rights, compliance with law and obtaining permissions:
1. You agree that Kodak Moments may, but is not required to, make your photo(s) available for display on its website (URL: https://www.kodakmoments.com/ and on the Kodak Moments: facebook page, twitter page, and Instagram.
You grant to Kodak Moment’s and its Affiliates a free licence, to display, store and re-format the photo entry only for the purposes of the KMOTD program.
2. All Intellectual property rights in the photo(s) submitted by you in connection with the KMOTD program must belong exclusivity to you. By submitting photo(s) to the KMOTD program, you warrant and represent that:
(a) each photo is original and that you retain full moral and economic rights over each photo.
(b) each photo is exclusively your own original creation in all elements depicted in each photo,
(c) you have not transferred and/or assigned any rights in the photo submitted entry to any third-party,
(d) each photo submitted is not part of a composition consisting, even partially, of photographic elements belonging to any third-party, and
(e) each photo submitted is done so in compliance with all laws and regulations applicable including the rights of third parties and, in particular, all rights relating to property, intellectual property, personality and data privacy and more specifically the right to the name and image of the person(s) or property(ies) represented in the photo and/or attached to the photo.
3. Kodak Moments bears absolutely no civil or criminal or other the liability for infringement of third-party intellectual property rights due to Kodak Moments’ use of photographs submitted by you in accordance with these terms. You explicitly assume responsibility for your violation of these Terms and of third-party intellectual property rights.
4. You shall ensure each photo submitted by you to the KMOTD program shall not:
(a) include and/or refer to third-party trademarks and/or distinctive signs,
(b) include any entry which contains any commercial content that promotes any product or service,
(c) include names, likenesses or other characteristics identifying celebrities or other public figures, living or dead, or
(d) include nude, offensive, racist, threatening and/or defamatory content or any illegal content.
5. You have the sole responsibility to comply with all applicable laws and regulations and to obtain the authorisations that may be required for any photographs you submit to the KMOTD program including (by way of only) the specific and explicit authorisation from legal representatives in the event of reproduction of the image of a minor.
6. Kodak Moments reserves the right to exercise any legal right if Kodak Moments becomes aware at any time, that any photo submitted to the KMOTD program was taken in violation of these Terms and/or applicable law. In such circumstances, Kodak Moments shall have the right to immediately delete the photo(s) without any further notice.
7. Kodak Moments bears absolutely no civil or criminal or other liability for infringement of your intellectual property rights by any third-party resulting from such third-party’s use of photographs submitted by you to the KMOTD program and displayed by Kodak Moments to its website.
8. You agrees to fully indemnify Kodak Moments in respect of all royalties, fees and other monies owing to any person by reason of your breach of these Terms.
Liability:
1. In so far as it permitted by law, Kodak Moments’, its affiliates, agents or distributors will not in any circumstances be responsible or liable to compensate you for any loss or damage occurring as a result participation in KMOTD program, except where it is caused by the gross negligence of Kodak Moments’, or any person or entity acting on behalf of Kodak Moments. Your statutory rights (if applicable) are not affected.
2. Kodak Moments will not accept responsibility for photo(s) submissions that are lost, mislaid, damaged, undelivered, delayed in transit, or unviewable, regardless of the cause, including (by way of example only) as a result of any equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind, unauthorised intervention or tampering.
General:
1. By submitting a photo and participating in the KMOTD program:
(a) You are indicating your agreement to be bound by these Terms,
(b) You declare that your personal details submitted are complete and true and you acknowledge that processing of your personal data is necessary for purposes of the KMOTD program.
(c) if you have by your consent opted-in to direct marketing services in accordance with the terms and conditions of Kodak Moments, you are agreeing to be contacted in the future by Kodak Moments or its partners to receive information and promotional offers regarding Kodak Moments’ products and services. Terms of processing of your personal data by Kodak Moments and its partners are set out in detail in Kodak Moments’ Privacy Policy.
2. You shall ensure that you take all necessary measures not to endanger the health and safety of yourself or others, that you do not trespass on any property and that you comply with all applicable laws when taking a photo for submission to the KMOTD program.
3. You have the right of access, rectification, erasure, portability, restriction of processing, to object in relation to your personal data, to set out instructions for the retention, deletion and disclosure of your personal data post-mortem (if French law applies to your rights) and to withdraw your consent. Our data protection officer can be contacted at: dpo@kodakalaris.com. You also have the right to lodge a complaint with a supervisory authority.
4. You can opt out of from receiving further information and promotional offers by following the instructions in Kodak Moments’ Privacy Policy.
5. If there is any reason to believe that there has been a breach of these Terms, Kodak Moments may, at its sole discretion, exclude you from participating in KMOTD program.
6. Kodak Moments’ reserves the right to disqualify you from participating in the KMOTD program if Kodak Moments in its discretion considers that your conduct is contrary to the spirit or intention of KMOTD program, or that your photo is contrary to the respect of people’ dignity, contrary to public morality and/or public order, or in contradiction with applicable laws
7. Kodak Moments reserves the right at any time to hold void, suspend, postpone or cancel the KMOTD program, to extend or change its terms without special justification and without establishing any right and/or claim and/or demand on your part. Your photo and personal data will be stored for so long as your photo is displayed within the KMOTD program. Kodak Alaris may remove your image at any time at its sole discretion at which your point your photo and personal data will be automatically and permanently deleted from our systems. You should always keep your original photos or make backup copies of your photos on your personal systems. Kodak Moments shall not be liable for any loss of your images due to your participation in the KMOTD program.
8. Kodak Moments may in its sole and absolute discretion amend these Terms at any time, by publishing the revised terms and conditions on its website.
9. If you are accessing these services and the KMOTD program from within the European Economic Area or the United Kingdom, these Terms and your use of this site are governed by and construed in accordance with the laws of England and Wales, without regard to its rules on conflict of laws. Any dispute arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
If you are accessing these services and the KMOTD program from elsewhere, these Terms and the use of this site shall be governed by and construed in accordance with the laws of the United States, without regard to its rules on conflicts of law. Any dispute arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of United States.
These terms may also be sent free of charge to any person who requests them in writing indicating their full name and postal address to the postal address set out above.
10. Headings used in these Terms are for ease of reference only and shall not affect the interpretation of these Terms.
