reFocus Competition and Website Terms of Use

Last Modified: 08/05/2022

Welcome to the reFocus Awards

The reFocus awards competitions (the “Competition”) is operated by Creative Resource Collective, LLC (“CRC,” “we,” “us,” or “our,” as applicable). We are also artists and photographers, and we value your creative pursuits and contributions to this diverse hobby and profession. These reFocus Competition Terms of Use (these “Terms of Use”) govern your participation in the Competition and constitute an agreement between you and us. We encourage you to contact us with any questions about these Terms of Use or about your participation in the Competition.
 
By accessing or using the Competition website (the “Site”), or by submitting an Entry to the Competition, you agree to be bound by these Terms of Use and our Privacy Policy (found at Privacy Policy) (the “Privacy Policy”). If you do not wish to be bound by these Terms of Use, please do not use this Site or participate in the Competition. By accessing and using the Site or by entering the Competition, you agree to these Terms of Use. We may change these Terms of Use from time to time, and the latest version will always be posted on the Site.

How to Enter the Competition

We welcome participation by any individual content creator at least eighteen (18) years of age other than affiliates, employees, or family members of CRC or any Competition Jury member.
 
To enter the Competition, you must:
 

  1. Complete the required registration information on the Site;
  2. Submit your Competition entrance materials (each individual submission, an “Entry”) in the form and format and with the required information for the specific Competition category for which you are submitting an Entry (defined below), as set forth on the Site; and
  3. Pay the entry fee for the specific Competition category, as set forth on the Site. Entry fees are non-refundable unless otherwise set forth in these Terms of Use.

 
To enter the Competition, you will be asked to provide certain registration details and information. You represent that all information you provide with your Entry is accurate, complete, and not misleading. You agree that all information you provide to us is governed by our Privacy Policy. If your registration information changes, you should update us because, if you don’t, we may not be able to contact you about an award you may win.
The periods during which Entries are accepted, judging occurs, and winners and awards are announced are subject to change without notice.

Judging and Awards

Deadlines for Entries will be stated on the Site. Each Entry will be reviewed and evaluated by an initial committee of our staff and at least one external, independent judge (the “Nominating Committee”). The Nominating Committee will nominate Entries for judging by a panel of industry professionals and experts (the “Jury”); however, if no Entries satisfy the Nominating Committee’s standards for a particular Competition category, we may cancel that category, and we will either refund your entry fees for that Entry or, with your consent, reassign your Entry to a different category. All nominated Entries will be reviewed by the Jury. The Jury will select one or more nominated Entry or Entries as the winner in each category, and the Jury may select additional Entries for awards or other recognition. Additional details will be posted on the Site. Certain category winners and other award recipients will be eligible to receive a monetary award The Jury shall have sole discretion as to the selection of award winners (other than the People’s Vote Awards, as described below), including judging methodologies and criteria.
 
All Entries nominated for judging will be automatically entered into the “People’s Vote Awards.” for each Competition category, and the Entry will be posted on the Site or affiliated websites for voting by members of the public. There is no monetary award for winning a People Vote Award.
 
Monetary awards will be issued by check, wire transfer, or other payment method, at our sole discretion. We may need additional information to be able to issue your award, and if you don’t provide such details, the delivery of your award may be delayed or withheld.
 
All Entries shall also include a reward credit worth between five (5) and ten (10) percent of the fees paid for such Entry. The exact percentage earned will be displayed on each contest “Entry Fees & Pricing” section. These credits shall have no cash value and may not be redeemed for anything other than as a credit on future Competition Entry fees. Such credits will be subject to expiration in accordance with further rules and qualifications established by CRC and posted on the Site or provided by email. If the Competition is discontinued or if there is a change of control of CRC, such rewards credits may immediately expire.
 
Award winners and other honorees will be listed on the Site. Award winners will be notified by e-mail. Winners of monetary or other valuable awards are solely responsible for any costs associated with acceptance and receipt of such award, including, without limitation, wire transfer fees, currency exchange fees, and any national, state, provincial, county, and local taxes. Monetary awards will be paid in United States dollars. We will not offer any alternative awards or prizes.
 
Some award winners and other artists, at our discretion, may receive a public profile in reFocus’s Artist Directory. The duration within which an Artist’s profile may be included in the Artist Directory is the sole discretion of CRC and is subject to change without notice. If an Artist does not wish to have their profile be included in the Artist Directory, please email [email protected] with a request stating such.
 
Members of the Nominating Committee and Jury may change at any time, without notice. Contacting or lobbying any member of the Nominating Committee or Jury, directly or indirectly, is strictly prohibited and may lead to disqualification of your Entry or Entries.

Eligibility and Additional Rules

Some Competition categories or contests are open only to professional or amateur content creators. We define “professional” as an individual who has earned income from photography or videography services or selling their own photographs or other media content at any time. We define “non-professional” as an individual who has never earned income from their photography. If we suspect that you have improperly entered an amateur contest, we reserve the right to request confirmatory documentation.
 
If we discover that any award winner or honoree is not eligible for the Competition or for a specific contest, that entrant shall be immediately disqualified from the Competition or the applicable contest. Any disqualified entrant shall be immediately removed from the list of winners and honorees, if applicable. We reserve the right to bar any individual from future participation in the Competition following any breach of these Terms and Conditions, as determined in our sole discretion.
 
Any additional rules, qualifications, and requirements listed on the Site shall also apply to the Competition as if they were listed in these Terms of Use. In case of any conflict between these Terms of Use and any additional rules, qualifications, or requirements listed on the Site, these Terms of Use shall control.

We Care About Your Intellectual Property Rights

We respect your rights as a photographer and artist, and we do not become the owner of your work when you submit an Entry. We will not sell any Entry to a third-party. We will not claim any copyright or moral rights in your work submitted to the Competition. However, to allow us to administer and promote the Competition, you grant certain rights and licenses to us.
 
You acknowledge that we may display your Entry on the Site or elsewhere, and, if we do so, we will include credit information acknowledging you as the photographer or artist. You grant us and our affiliates, and each of their and our successors and assigns, a worldwide, nonexclusive, irrevocable, perpetual, royalty-free, sublicensable license to use, display, modify, publish, and distribute your Entry (in whole or in part) and to incorporate it into any other works in any form, media, or technology for any purpose related to the Competition. For example, we may display your Entry on the Site or post it on our social media accounts or other websites to promote the Competition. As another example, we may display your Entry at a gallery or exhibition or publish it in a digital or physical book Any time we display your Entry, we will credit you as the owner of that image; however, our accidental failure to properly credit your work will not be deemed a breach of these Terms of Use unless you notify us about the oversight and we don’t correct the mistake within 10 days. Notwithstanding the foregoing, you may request in writing that your work remain anonymous, and if you make such request or request that we delete your personal information pursuant to the Privacy Policy, your Entry will be credited to an anonymous artist when displayed by us.

Your Entry Must Be Your Own Work

You represent and warrant that:
 

  1. You own or control all rights in and to the Entry and have the right to grant the license and other rights granted herein. You will cooperate with any request to prove your ownership of the Entry (e.g., providing the RAW file associated with such Entry).
  2. Your Entry does not infringe any intellectual property rights or other rights, including moral rights and rights of privacy, or any third-party.
  3. Your Entry has never been the subject of any claim by any third-party regarding ownership or infringement of intellectual property rights.
  4. Your Entry does and will comply with these Terms of Use and all applicable laws, regulations, or agreements with respect to intellectual property rights which may apply.

 
You understand and acknowledge that you are responsible for any Entries you submit, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third-party for the content, copyright compliance and enforcement, or accuracy of any Entry submitted by you or any other individual or entity submitting an Entry to the Competition. You acknowledge and agree that the display or inclusion of your Entry shall be in our sole discretion and your Entry may or may not be included on the Site for any reason or no reason at all.

Content Standards

All Entries must comply with these content standards. Entries must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
 

  1. Contain any material which is defamatory, obscene, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  2. Promote pornographic material.
  3. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or our Privacy Policy.
  5. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  6. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 
If you have any questions about the content of your proposed Entry, we encourage you to contact us.

Our Rights

You acknowledge and agree that the Site, including all content posted on the Site, contains proprietary information that is protected under U.S. and international intellectual property laws, including the laws of copyright and trademark. As between you and CRC, the Site and the Site’s design are the sole and exclusive property of CRC or its affiliate.
 
CRC’s name, logo, and all related names, logos, product and service names, designs, and slogans (including “reFocus”) are ours or our affiliates’ or licensors’ trademarks. You must not use such marks without our prior written permission; provided, however, you may, without our prior permission, use the name reFocus and any digital “badge” or logo we send to you, without alteration, to post on your social media accounts or elsewhere only to promote your nomination in the Competition or receipt of an award and only alongside your image that was nominated or won such award. If we ask you to alter or cease your use of the name reFocus or a badge, you agree to do so as soon as possible. You may not remove any copyright notices from any materials on the Site.
 
All goodwill generated from the use of any CRC trademark inures solely to our benefit.
 
In the event that you provide any user review, comment, or other feedback about the Site or the Competition (“User Feedback”), we will own that User Feedback as well as any actions we take in response to that User Feedback, without any obligation to compensate you. We may use your User Feedback for any reason, including, without limitation, to promote the Competition.

You Consent to Receive Communications

You acknowledge and agree that we may send written and electronic communications to you. You expressly consent to the receipt of any all notices from us by way of email including correspondence we are legally obligated to provide you.

Links to Third-Party Sites

This Site may be linked to other websites which are not under the control of and are not maintained by CRC. When you access a non-CRC website, please understand that it is independent from CRC and that CRC has no control over the content of that website. In addition, a link to a non-CRC website does not mean that CRC endorses or accepts any responsibility for the content or use of such website. It is up to you to take precautions as against harmful computer code such as viruses or worms. CRC shall not be responsible or liable for, and you agree to release and hold CRC harmless against, any damage or loss caused or alleged to be caused by or in connection with (i) your use of or reliance on any content, goods, or products available on or through any third-party website, application, or content and (ii) any malicious software, computer code, virus, malware, spyware, or similarly destructive, harmful, or invasive digital material transmitted by or existing on or through any third-party website or application.

Indemnification

You will indemnify, defend, and hold CRC, its owners, members officers, directors, employees, agents, and representatives (collectively with CRC, the “CRC Indemnified Parties”), harmless from and against any and all loss, liability, claim, demand, damage, cost, and expense (including, without limitation, reasonable attorneys’, experts’, and professional advisors’ costs and fees), arising out of (1) your breach of these Terms of Use, (2) your violation of any applicable law or regulation, (3) the rights of any third-party, including, without limitation, claims regarding intellectual property rights and privacy rights, and (4) all other third-party claims or actions arising from or related to your Entry. The CRC Indemnified Parties will have the right, but not the obligation, to participate in, through counsel of their choice, any defense by you of any claim to which this indemnity may apply. You may not settle any claim or admit any liability on the part of any CRC Indemnified Party without the express, prior, written consent of the applicable CRC Indemnified Party.

DISCLAIMERS

WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, COVENANTS, OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE SITE, THE COMPETITION, ANY THIRD-PARTY CONTENT, OR ANY OTHER CONTENT. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED (INCLUDING, BUT NOT LIMITED TO, WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING), STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE COMPETITION, THIRD-PARTY CONTENT, ANY OTHER CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED BY US (WHETHER OR NOT ON OR THROUGH THE SITE). WE DO NOT WARRANT: THAT THE FUNCTIONS PERFORMED BY, ON, OR THROUGH THE SITE, INCLUDING THE COMPETITION ENTRY PROCESS, WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE IS PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.
 
FOR THE AVOIDANCE OF DOUBT, THERE IS NO GUARANTY THAT YOUR WORK, NAME, OR ENTRY WILL ACHIEVE ANY PARTICULAR PUBLICITY OR ACKNOWLEDGMENT AS A RESULT OF PARTICIPATING IN THE COMPETITION. NOTHING ON THE SITE IS A PROMISE OR GUARANTY OF FUTURE EARNINGS. ALL STATEMENTS MADE BY US ON THE SITE ARE SIMPLY OUR OPINION, AND AY THIRD-PARTY STATEMENTS OR STATEMENTS BY ANY JUDGES ARE THE SOLE OPINION OF THE PERSON MAKING SUCH STATEMENTS. YOU SHOULD CONSULT WITH A LICENSED ATTORNEY IN CONNECTION WITH ANY MATTER THAT MAY IMPACT YOUR LEGAL RIGHTS OR YOUR FINANCIAL OR TAX POSITION OR LIABILITY.
 
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
 
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF (I) YOUR CONDUCT OR THAT OF ANYONE ELSE IN CONNECTION WITH USE OF THE SITE, ENTRY INTO THE COMPETITION, OR THESE TERMS OF USE; (II) INABILITY TO USE THE SITE OR SUBMIT AN ENTRY; (III) ANY SELECTION FOR ANY AWARD; (IV) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR DATA; (VI) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (VII) ANY TERMINATION OR CANCELLATION OF YOUR RIGHT TO ACCESS OR USE THE SITE OR ENTER THE COMPETITION; OR (VIII) ANY OTHER ASPECT OF THE COMPETITION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE COMPETITION, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE AND TO REFRAIN FROM ENTERING THE COMPETITION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).

Independent and Third-Party Vendors and Advertisers

You acknowledge that independent third parties act as suppliers for CRC. CRC is not responsible for the acts or omissions of such suppliers. Similarly, from time-to-time, third parties may sell or advertise products on the Site, and CRC is not responsible for the acts or omissions of any such advertisers, including in connection with any products or services offered or provided by such advertisers.
 
This Site may include content provided by third parties, including materials provided by other contest entrants, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by CRC, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of CRC. We are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third parties.

No Assignment by You

CRC may assign its rights and duties under these Terms of Use at any time without notice to you. Your rights and duties under these Terms of Use are not assignable by you without written consent of CRC.

No Waiver

CRC’s failure or delay in exercising or enforcing any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Force Majeure

CRC shall be excused from performance under these Terms of Use and shall not be liable for any act or omission caused by or arising out of any event, act, occurrence, or circumstance beyond CRC’s reasonable control, including, without limitation, the laws, regulations, or orders of any governmental, regulatory, or judicial authority, war, civil commotion, destruction of facilities or materials, fire, flood, earthquake, storm (or other act of God), labor disturbances, riots, protests, heath epidemics and pandemics (whether or not declared by any governmental authority), shortage of material, or failure of public utilities or common carriers.

Termination

If you violate these Terms of Use in any way, CRC may, in its sole discretion, limit, suspend, or terminate your access to the Site and your ability to submit Entries to the Competition, and you may be disqualified from any then-current Competitions for which you have submitted an Entry.
 
In the event that your access to the Site or participation in the Competition is terminated for any reason, we will not refund any payments that you previously made.

Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the State of South Carolina without regard to choice of law principles. Any case, controversy, action, or dispute relating in any way to these Terms of Use or your visit to or use of the Site or your participation in the Competition shall be subject to the exclusive jurisdiction of the state or federal courts located in Charleston, South Carolina. You consent to the sole and exclusive venue and jurisdiction of such courts. You agree that you may bring claims against CRC only in your individual capacity and not as a plaintiff or class member in any purported class or representative action.In some jurisdictions, you may not waive your right to bring a class action lawsuit, and in such jurisdictions, the foregoing waiver does not apply.

Modification; Severability

We may modify the Site, these Terms of Use, and our policies (including our Privacy Policy) at any time, in our sole discretion. Therefore, you should review our policies and Terms of Use from time-to-time and each time you submit an Entry to the Competition. Your continued use of the Site after we make any such changes, or your submission of an Entry, constitutes your binding acceptance of those changes. If any Competition rules (including these Terms of Use) are amended while Competition nominating or judging procedures are pending, we will notify affected entrants by e-mail. If any of the Terms of Use herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severed and deleted to the extent required and shall not affect the validity and enforceability of any remaining term or condition.
 
If any invalid, unenforceable, or illegal provision of the Terms of Use would be valid, enforceable, and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid, and enforceable.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the entire agreement and understanding between you and CRC with respect to the Site, your use of the Site, and your participation in the Competition.

Digital Millennium Copyright Act; Notice and Take Down Procedures

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
 

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material
  3. Your name, address, telephone number, and (if available) e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

 
Our designated copyright agent to receive DMCA Notices is:
 
Drew Doggett
 
[email protected]
 
58 Eastlake Road
 
Mount Pleasant, South Carolina 29464
 
843-936-3592
 

 
If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Questions or Concerns about Our Terms of Use

For questions or concerns about these terms of use, please send an email to [email protected].

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