Submission Terms

OFFICIAL SUBMISSION TERMS for Global Female Condom Day, advocacy spotlight content submissions, and Dance4Demand photos and videos

The AIDS Foundation of Chicago (AFC) as the Secretariat of the National Female Condom Coalition (NFCC) is accepting submissions of photos, pictures, images, and videos (materials) that capture events associated with 2014’s Global Female Condom Day (GFCD) of action and awareness.

All submitters agree to comply unconditionally with all the terms and conditions set out in these conditions and or any other terms and conditions and/or policies referenced herein and hereby incorporated by reference. Any submitter who does not agree, fully or partly, with any provisions of these Official Submission Terms, will be considered ineligible to feature in Global Female Condom Day print, web-based, video, audio and visual materials.

AFC has the right, but not the obligation, to determine compliance with these Submission Terms. AFC also has the right, at its sole discretion, to refuse and remove any photos, pictures, images, and videos from its website and all other materials, in whole or in part, that it finds to be in violation of these Official Submission Terms or otherwise unlawful and objectionable.

1.    How to Submit

1.1.    Pictures, photos, still images. We recommend first uploading your photos to an online service, such as Flickr, Google’s Picasa, or other cloud-based service.
(a)    Submitters must create an account on one of these services, or use their existing account, and upload their images on their page. All submitters must read all terms and conditions and policies of the service they choose, including but not limited to the Terms of Service, Privacy Policy and Community Guidelines, and must acknowledge and certify that s/he understands and agrees to comply with the same, in addition to these Official Submission Terms.
(b)    If the service allows, comments must be turned off by submitter upon uploading their photos or images to the site.
(c)    The submitter acknowledges that the image-hosting services are provided on an "as is" and "as available" basis and further understands that neither AFC nor the image uploading service is responsible for any issues with the submission should there be a problem or interruption on the site or with any functionality.
(d)    The submitter agrees and acknowledges that the image-hosting site is not affiliated with GFCD.

1.2.    YouTube Submission for videos. All submitters must upload their video submissions on YouTube in accordance with the following requirements:
(a)    YouTube Account. Submitters must create a YouTube account or use the submitter’s existing YouTube account and upload their video on their YouTube page. Unless the submitter resides in a country with a localized YouTube website as set forth below, as a condition of submission, submitters must read all terms and conditions and policies of YouTube, including but not limited to the YouTube Terms of Service (http://www.youtube.com/static?gl=US&template=terms), YouTube Privacy Policy (http://www.google.com/intl/en/policies/privacy/), and the YouTube Community Guidelines (http://www.youtube.com/t/community_guidelines) and must acknowledge and certify that s/he understands and agrees to comply with the same in addition to these Official Submission Terms.
(b)    Localized YouTube Account. Submitters residing in a country where YouTube is localized shall comply with the YouTube Terms of Service, YouTube Community Guidelines, and YouTube privacy policies specific to the country of residence of the submitter.
(c)    YouTube comments must be turned off by submitter upon uploading their video to the site.
(d)    The submitter acknowledges that YouTube services are provided on an "as is" and "as available" basis and further understands that neither AFC nor YouTube is responsible for any issues with the submitter’s submission should there be a problem or interruption on the YouTube site or with any YouTube functionality.
(e)    The submitter agrees and acknowledges that the image-hosting site is not affiliated with GFCD.
1.3.    Alternate Video Submission Method. An alternate submission method may be available for submitters that are unable to submit a video through YouTube or images through an online service such as Flickr or Google’s Picasa, provided, however that such submission is otherwise legally permitted in the submitter’s country of residence. Should the submitter desire to submit to AFC by a method other than these services, the submitter should email AFC at ssemelka@aidschicago.org.  

2.    Submission Content and Submitters’ Conduct

2.1.    Submitter Content. Submitters shall not submit materials that in whole or in part violate or infringe the intellectual rights (including moral rights) of third parties, AFC, or the organization partners; which is otherwise unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights; vulgar, obscene, profane, contains morbid images or is otherwise objectionable material in the sole discretion of AFC; which encourages conduct that would constitute a criminal offense or incites another person or persons to commit criminal offenses; which otherwise incites civil unrest; gives rise to civil liability or otherwise violates any law, including the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or the privacy laws of local jurisdictions; or which contains any advertising or any solicitation with respect to products or services.
2.2.    Submitter Conduct. Submitters shall not copy, distribute, publish, modify, exploit, create derivative works of, or otherwise interfere with the material submitted by other submitters.

3.    Third-Party Rights and Clearances

3.1.    Proprietary Rights. Entries submitted must be the original work of the submitter(s). Entries submitted shall not infringe upon or violate the copyrights, trademarks, moral rights, rights of privacy, rights of publicity, or any other proprietary rights of any person or entity. Submitters must obtain all necessary releases, including but not limited to the following:
(a)    Location releases for footage shot at any location;
(b)    Name, voice and likeness releases for any person, living or dead, whose name, voice, photographs, likeness and/or feature appears in the video, other than the submitter(s);
(c)    Releases for the use of any props, set dressings, and other materials used in the video; and
(d)    Releases from any individuals participating in the production of the video and releases for any other audio and/or audio-visual materials not wholly owned by the participant(s) which are used in the video.

3.2.    Permissions. If the submission contains any material or elements that are not owned by the submitter, the submitter is responsible for obtaining any and all releases and consents necessary to permit the use and exhibition of the video by AFC and/or GFCD’s designees in the manner set forth in these Official Submission Terms. Such releases and consents shall be obtained in writing and shall be provided to AFC upon AFC’s request. If the submissions contain any material or elements that are not owned by the submitter(s) and/or are subject to proprietary rights of third parties, the submitter(s) shall obtain on behalf of AFC and its designees the worldwide, royalty-free, perpetual, irrevocable, nonexclusive, sublicensable right and license to copy, reproduce, display, transmit, distribute, edit, publish, translate, and otherwise use such material in whole or in part in any form, media, or technology now known or later developed for the full term of any copyright, including any extensions and renewals, for the purpose of promoting and supporting the mission of AFC. Such license shall be obtained prior to submitting the video, and such license shall include the right of AFC to incorporate such third-party material in whole or in part into other works.

3.3.    Burden of Determination. The burden of determining whether material is protected by copyright, trademark, moral rights, rights of privacy, publicity, or any other proprietary rights rests with the submitter. The submitter bears the sole liability for any damage resulting from any infringement of copyrights, proprietary rights, violation of moral rights or any other harm resulting from such a submission. Notwithstanding the foregoing, AFC reserves the right to verify that any intellectual property rights are not infringed and that all related permissions have been obtained.

3.4.    Minors. If any person(s) appearing in any video, image, or photo is (are) under the age of majority in their state, region or country of residence, the original signature of a parent or legal guardian (as legally authorized in such state, region, or country) is required with each release. The submitter must obtain such written releases before submitting the video, image, or photo.

3.5.    Individually Identifiable Health Information. Submitters are required to obtain appropriate authorizations to use and disclose individually identifiable health information as required by HIPAA and/or any privacy laws of local jurisdictions.

4.    License

4.1.    License to AFC. Submitter grants to AFC and its designees a worldwide, royalty-free, perpetual, irrevocable, sublicensable, transferable, nonexclusive right and license to copy, reproduce, publicly perform and display, transmit, distribute, edit, publish, translate, adapt, and otherwise use the submitted materials in whole or in part in any form, media, or technology now known or later developed, for the full term of any copyright, including any extensions and renewals, for the purpose of promoting and supporting the mission of AFC. This license includes the right of AFC to incorporate the submitted materials in whole or in part into other works and create a trailer with images and video, or splice it together with other videos and images. AFC is not required to credit the submitter under this license.

4.2.    Publicity. Submitters grant to AFC the right to use the submitters’ names, likenesses, photographs, voices, sounds, and biographical information in connection with the event and for any and all advertising, publicity, and promotional purposes relating to GFCD or promoting and supporting the mission of any AFC member organizations. AFC is not obliged to compensate the submitter for use of the submitted material or use of this information, unless required by law. Submitters shall not use the name or trademarks of AFC or of AFC affiliates, or of any funder to AFC, or funder to AFC affiliates, or any organization co-host or their affiliates in the materials themselves, any description of the materials or any press release, public statement, public disclosure or publication without the named entity’s prior express written consent. Submitters will not issue any press release, public statement, or public announcement with respect to this event without the prior express written approval of AFC.

5.    Disclaimer of Liability and Indemnification

5.1.    All submitter(s), by submitting materials, agree(s) that AFC and any co-hosts and their affiliates, subsidiaries, agents, representatives, funders, donors, directors, employees, and contractors are released and discharged from and against all and any costs, claims, damages, liabilities, and expenses of any sort arising out of, or generally relating to, the following: (i) submission of the material and participation in GFCD events, (ii) the use of the material by AFC, and/or (iii) the decisions made or actions taken by AFC in connection to the conduct and administration of materials created from submitted images and video. AFC and any co-hosts, and their affiliates, subsidiaries, agents, representatives, funders, donors, directors, employees, and contractors are not responsible for technical failures of any kind; any problems, delays or results arising from any technical, software, equipment malfunctions, hacking, computer viruses, or congestion; unavailability of the GFCD or YouTube or other image-hosting services’ website; any other technical, equipment, or human errors of any kind; or any damage or alteration to the submitters’ video or images that may occur in connection with the uploading or display of the video or images.

5.2.    The submitter specifically acknowledges that AFC is not liable for the defamatory, offensive, or illegal conduct of other submitter(s) or of comments made on YouTube or anywhere the video or images are posted and that the risk of injury from the foregoing rests entirely with the submitter(s). The submitter(s) also waive(s) any right to seek injunctive action or other equitable relief relating to any claim against AFC and its subsidiaries, agents, representatives, funders, donors, employees, and contractors.

6.    By submitting a video or images, except where prohibited by law, each submitter(s) agrees to defend, indemnify, and hold harmless AFC and any co-organizers and its and their affiliates, subsidiaries, agents, representatives, funders, donors, directors, employees, and contractors (each, an “Indemnitee”) from all liabilities, actions, claims, damages, demands, costs and expenses (including attorneys’ fees), and losses (collectively, “Claims”) which may be asserted against an Indemnitee, arising, directly or indirectly, in whole or part from: (i) submission of video or any other submitted material; (ii) infringement or violation of the rights of any third party, including but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights; (iii) defamation of character; (iv) the use of the video or any other submitted material by an Indemnitee; (v) violation by submitters of any warranty or representation hereunder; vi) submitters failure to comply with these Official Submission Terms (including the YouTube and any online hosting services’ used Terms of Service, Privacy Policy, and Community Guidelines); and vii) the decisions made or actions taken by an Indemnitee in connection with the conduct and administration of the materials.

7.    Representations and Warranties

7.1.    Submitters’ Representations and Warranties. By submitting materials, regardless of country of entry, each submitter represents and warrants that he or she is the creator/producer/director of the materials and has obtained all of the rights, licenses, and permissions in writing from any person appearing in or whose material is featured in the video or images(or from the relevant person’s legally authorized parent/legal guardian if any such person(s) is considered a minor in his/her state, region, or country of residence), and that the submitter’s video conforms to these Official Submission Terms, and:
(a)    except as specified in (b), the video is not subject to any third-party agreement(s), and no third-party consents and/or licenses are required in connection with such entry’s use hereunder, and that AFC will not be required to pay or incur any sums to any person or entity including, without limitation, any copyright-collecting societies or holders of copyrights, performers’ rights, neighboring rights, moral rights, or persons representing such, and any person acting on their behalf as a result of its use or exploitation of the idea or video or images or rights therein;
(b)    that, if the video or images contain any material or elements that are not owned by the submitters and/or are subject to proprietary rights of third parties, any such third parties owning material included in the submitted video, has(ve) expressly granted to AFC and its designees the worldwide, royalty-free, perpetual, irrevocable, nonexclusive, sublicensable right and license to copy, reproduce, display, transmit, distribute, edit, publish, translate, and otherwise use such material, in whole or in part, in any form, media, or technology now known or later developed, for the full term of any copyright, including any extensions and renewals, for the purpose of promoting and supporting the mission of AFC;
(c)    has not been videoed in any location(s) requiring permits from local authorities and/or other applicable entities unless such permissions have been obtained;
(d)    does not include any trademarks, logos, or copyrighted material not owned, licensed or otherwise controlled by the submitter (including but not limited to company names, music, photographs, works of art, or images published on or in websites, television, movies, or other media) or otherwise infringe or violate the rights of any third party including, but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights;
(e)    does not defame, misrepresent, or contain disparaging remarks or any other content which could adversely affect the name, reputation, or goodwill of AFC, the co-hosts, and their respective affiliates, subsidiaries, agents, representatives, funders, donors, employees, and contractors or any other individuals and/or entities;
(f)    does not contain pornographic or graphic sexual content, hateful content of any kind (including racism, sexism, etc.), content which intentionally incites violence or harm to another living creature, or any other knowingly offensive, obscene, or inappropriate content;
(g)    does not intentionally promote or incite intimidation, harassment, or bullying of any individuals or groups of individuals;
(h)    does not violate any applicable local, state, national or international law or include any content that would encourage or provide instructions for a criminal offense; and
(i)    has not been and is not the subject of any claim or legal proceedings of any kind and does not contain any material (whether literary, dramatic, artistic, musical, or otherwise) which has been or is the subject of any claim or legal proceedings of any kind.