Photo Contest Rules and Regulations
« FRESH RIVIERA PHOTO MIX »

ARTICLE 1 – PURPOSE:

The Twinning Organization ENJOY TOGETHER located at 552 Route des Pinchinats 13090 Aix-en-Provence and its partners (hereafter referred to as « FRESH RIVIERA »), is organizing a call for contributions entitled « FRESH RIVIERA PHOTO MIX » which will be held on the website platform at http://freshriviera-mixevent.com/photo-mix/.
The section PHOTO MIX is intended for amateur models that may participate by signing up and logging in on the website platform at http://freshriviera-mixevent.com/photo-mix/ and will then have access to post their registration forms with their original photos.
At the end of the online PHOTO MIX sessions, a number of applicants will be selected by a jury composed of certified photographers in order to participate in a photo shooting session within FRESH RIVIERA and its partners' establishments.
FRESH RIVIERA reserves the right, at its sole discretion, to disrupt, cancel or defer the photographic session at any moment, without notice and without their liability engaged for this reason. All participants may not exercise recourse or file complaints of any kind, nor receive any compensation from FRESH RIVIERA.

ARTICLE 2 – PARTICIPATION:

2.1. Procedure for Participation:
Participants can take part by directly uploading their photographs on the PHOTO MIX platform http://freshriviera-mixevent.com/photo-mix/ after agreeing to the present condition. Each participant must provide the following information in his or her account on the photo mix platform for participation in the aforementioned Competition or send the following information to the e-mail address: contact@freshriviera-mixevent.com.

- first name and surname (where necessary, their username or stage name)
- Postal address,
- E-mail address,
- Landline number and/or mobile phone number,
- Answer the questions regarding the discovery of the talents, on the registration form
- Answer the following questions : « Are you under a publishing contract (yes / no) ? Are you signed under a model agency (yes / no) ? » and if so, the participant must send the aforesaid corresponding contract according to the procedure described in the form.

2.2. General Terms of Participation:
2.2.1. The photographic sessions is open to all individuals over the age of legal majority on the date of submission, excluding the following individuals:
- Models under an exclusive professional contract,
- Individuals under the age of 16.
For the individuals under the age of 16, a parental permission will be completed and signed by the two legal representatives.

2.2.2. Each participant is the sole holder of the rights to the photographs that he will publish on http://freshriviera-mixevent.com/photo-mix/

2.2.3. Each participant guarantees that no contractual obligation (verbal or written), legal or regulatory provision or no incapacity inhibits him from taking part in the photographic session in the conditions mentioned in these rules and validly concede the rights and required authorizations.
In this regard, the participants guarantee in particular that they are not bound to any exclusivity obligation contracted with a third party of any kind and of any commitment towards a third party which could prevent the failure of the online inscription and of the participation of the photographic session within FRESH RIVIERA's premises and in particular any transferee of a license of their patronymics, pseudonyms, stage names, image, or any broadcaster of any visual programs. It is, however, allowed that the participant could have signed a contract prior to their participation with a visual professional, a copy of the aforesaid contracts has to be sent to FRESH RIVIERA during the registration online in accordance with the provisions of Article 2.1. of these rules.
In regards to these tolerances, the participant guarantees FRESH RIVIERA against any recourse and ensures that FRESH RIVIERA remains unburdened by costs incurred by this (including Attorney's fee).

2.2.4. The costs incurred by registering and participating in the photographic session (i.e. realization and sending of the photography, Internet connection, etc.) are at the sole expense of each of the participants and shall not be reimbursed or covered by any remuneration.

2.2.5. The participants consent to all verifications with regards to their identity and/or the divulged information.
Any false or inaccurate information shall lead to their disqualification.
All incomplete participation, containing erroneous information and/or containing a photography which violates the procedure mentioned in Article 3 of these rules shall be subject to investigation by the jury.
FRESH RIVIERA reserves the right to exclude a participant who does not abide by the terms and conditions of the participation.

ARTICLE 3 – PHOTOGRAPHIC SUPPORT:

The PHOTOGRAPHY published by the participants should respect the following characteristics:

3.1 Artistic Characteristics: The photography submitted by each participant during the registration should be a personal representation and must complies with the good moral standards.

3.2. Technical Aspect : The photography submitted by the participant should have a file size compatible with the platform http://freshriviera-mixevent.com/
Any photography which does not follow all of the above mentioned conditions cannot be taken into consideration by FRESH RIVIERA and cannot be claimed to the selection for the photographic session and the awarding of digital shots whose details are featured in the article 5 of these terms and conditions.

ARTICLE 4– DESIGNATION OF PARTICIPANTS:

A jury composed of certified photographers will be formed and will examine the registrations which will be properly given to them by the participants in accordance with the articles 2 and 3; any other registration shall not be examined by the Jury and shall be disqualified from the photographic session.
The selected participants of each session will be invited to photographic session event. Dates and information will be available via the official Facebook page of FRESH RIVIERA.
In order for FRESH RIVIERA to broadcast the photographs of the participants, FRESH RIVIERA will request by mail or letter, the permission/consent written by the laureate taking the form of a contract for the transfer of the rights on the photographs taken during the photographic session, which will be returned duly signed and stapled before the photographic session, during the event.
In the event of default of a participant for whatever reason including the above mentioned reason, the jury will hold a reunion in order to hail a replacement.
The new replacement will be announced in the same terms as the preceding participants.
Due to their involvement in the photographic session, the participants agree to authorize for free and in advance FRESH RIVIERA to use their first name, surname, stage name and/or the artist’s name, image, and address without restriction or any reserve except for the event defined in article 6 below and it without giving them the right to a remuneration (compensation) or any advantage, during the course of the selections and the sessions, and for a period which does not exceed two (2) years starting from the end of the photographic sessions.
Therefore, FRESH RIVIERA can, in particular, freely publish on its website the name of the participants as well as their photographs.

ARTICLE 5 – PRIZE AWARDED TO THE SELECTED PARTICIPANTS:

The participants selected by the jury, to participate in the photographic sessions event, will be awarded digital photographs, selected by the jury, in order to allow participants to constitute or develop their photo-book, considering that FRESH RIVIERA reserves the right to award the participants of the photographic session, any other prize of equivalent nature and value.
Furthermore, if it wishes to and with the prior consent of the participant on the use anticipated in the contract defined in article 4 of these rules, FRESH RIVIERA may kindly use the photographs, by all means and in particular through the broadcasting in its premises during a minimum of two (2) years starting from its first broadcasting.
It is specified that in any event, FRESH RIVIERA reserves the right to exploit or not the photographic supports of the participant models.
FRESH RIVIERA cannot be held liable for the photographic supports that it uses and broadcasts and is entirely the responsibility of the participant who will have submitted it.

ARTICLE 5 bis – INTELLECTUAL PROPERTY:

The laureate concedes to FRESH RIVIERA, in non-exclusive manner and free of charge, the exploitation rights in part or in whole of the photographs which can be broadcast to the general public by all means and in particular on printed materials, Internet websites as well as on FRESH RIVIERA’s websites, their programs and/or their mobile applications and all partners, including the any means of viewing on demand upon request (by streaming with or without the possibility of downloading) and podcast for a period of two (2) years starting from their submission date on the platform http://freshriviera-mixevent.com/photo-mix/ In light of the global nature of the Internet, it is acknowledged that this non-exclusive transfer of the rights on the photographs is available for the whole world.

The exploitation rights thus transferred include:
a) The right to adapt and/or to have adapted in whole or in part the photographs subject to moral rights of the assignees involved.
b) The right to integrate or to have integrated in whole or in part the photographs in FRESH RIVIERA’s establishments or in its partners’ establishments.
c) The right to reproduce, to have reproduced, to save or to have saved in whole or in part the photographs by all technical, analogic and digital means, on any platform, digital or analogic, in any format, alone or accompanied with any text, image and/or sound, commercial, promotional and/or free.
d) The right to represent, to have represented, to broadcast, to have broadcast, to share or have shared to the general public the photographs via public broadcasting in any public or private space and by all means of sharing, in particular by all electronic network communication allowing for the transmission of sounds (terrestrial radio waves, cable, satellite, mobile telecommunication networks or not, internet, etc.) Accessible by all means (in particular, free, paid, by subscription, on demand service, à la carte or per session, regarding the vectors of access to these networks (notably of broadcast, network and interactive digital services or not, Websites, Telematic sites, Smartphone applications and tablets, etc.), the standards allowing the broadcasting (analogic or digital, WAP, SMS, MMS, GRPS, DVB-H, etc.) and the functions of the eventual access control systems utilized.
e) The right to acknowledge in whole or in part the rights defined above.

The winner will be asked to sign a contract given by FRESH RIVIERA, confirming the transfer of rights to the benefit of FRESH RIVIERA in accordance with article 4 of these rules.
The refusal to sign this document will be considered an express renunciation by the participant of his participation in the photographic session.
The participants are informed that FRESH RIVIERA® is a Registered Trademark, all rights reserved.

ARTICLE 6 – GUARANTEE:

Each participant who publishes their photographs on the platform http://freshriviera-mixevent.com/photo-mix/ in order to broadcast it on their network in the event that he or she is appointed as a selected participant to the photographic sessions event, in accordance with the clauses of article 6 « Intellectual Property » of these rules, ensures and guarantees FRESH RIVIERA that he is the sole holder of the exploitation rights on the aforesaid photograph and/or because he obtained all the necessary authorizations in this end of any person having the rights to the elements eventually integrated in whole or in part in the photograph (hereafter referred to as the « Integrated Elements »). The participant, in this regard, guarantees FRESH RIVIERA against any disturbances or claims, any eviction, on his part or the third party’s, in particular authors, editors, actors, photographers or producers of the photograph and/or their right holders. (e.g. Collective management companies) relative to the realization of the photograph in particular of the eventual integrated Elements and to utilizations of the photograph and the integrated Elements made in accordance with these rules, whether in terms of ownership rights or their moral rights (in particular authors and performers). Therefore, the participant guarantees FRESH RIVIERA that it does not take any steps or to make payments for the exploitation of the photograph and the integrated Elements defined in these rules. The participant guarantees FRESH RIVIERA against any recourse for any use and exploitation provided for in this article and ensures FRESH RIVIERA will remain unburdened by any cost (including Attorney’s fee).

Also, he or she guarantees that his photograph does not go against public order and moral standards and, without this list being exhaustive, it must not be:
- violent, pornographic, defamatory, libellous, racist, anti-Semitic, negationist in nature ;
- likely to undermine respect towards human beings and dignity, the equality between men and women and the protection of infants and adolescents.;
- encourage criminal acts and/or offenses;
- incite consumption of illegal products;
- incite discrimination, full of hatred or violent acts
- obscene or rude in nature ;
- violate or to not recognize Intellectual Property Rights (royalties, trademarks…), or likely to violate presumption of innocence or to violate individual privacy.

ARTICLE 7 – PERSONAL INFORMATION/DATA:

FRESH RIVIERA will implement system of Conservation of the photos submitted by the participants to this selection, as well as their personal data allowing for a verification in the event of complaints.
In accordance with the French Data Protection act n°78-17 of January 6th, 1978, concerning the informatics, files and freedom, the participants benefit from a right of access, correction and contradiction about their data. For any inquiry regarding personal data and/or the use of rights pertaining to, participants may address a mail, giving the object of their inquiry with their name and address, to the following :

FRESH RIVIERA PHOTO MIX - Aix en Provence
Enjoy Together, 552 Route des Pinchinats
13100 Aix en Provence, France

It is specified that the photos, and more generally any document sent to FRESH RIVIERA within the framework of this Competition will not be returned to the participants who abandon all of their rights related to these photos or documents.
Nevertheless, it is specified that FRESH RIVIERA will not use the photos of participants who are not selected for the photo-shoot event, except in the case of a partnership that had been previously and independently signed.

ARTICLE 8 – LIABILITY :

FRESH RIVIERA may not be held liable because of a technical impossibility of connection to the website of the selections, particularly with regard to the final validation of the data entered in the participation form and/or uploading or downloading on the servers of FRESH RIVIERA regardless of the reason, whether due to a case of force majeure, a maintenance operation, an update, an in-house or external strike, a network failure or electricity shortage, a poor configuration or use of the computer of the user or any other cause within or beyond its control.
No compensation will be due from FRESH RIVIERA to the participants for this reason.
FRESH RIVIERA may not be held liable if the data filled in the participation form, duly completed in accordance with the present rules, is not received by it for whatever reason, such as for example: the data sent by the participant was incomplete or unusable (e.g.: unreadable file).
FRESH RIVIERA’s liability cannot be sought for any prejudice (financial, material, moral, bodily injury or other) that arises/occurs during the photographic session.
Moreover, FRESH RIVIERA will not be held liable for the fate of the photos of the participants which it makes available to the public. Its liability may not be sought by anyone for this reason.

ARTICLE 9 – ACESSIBILITY OF THESE RULES

These rules can be consulted (in the original French version and in an English version) on the Website of FRESH RIVIERA MIX EVENT, under the PHOTO MIX section dedicated to the photos' selections accessible at the following address : http://freshriviera-mixevent.com/photo-mix/
The present rules can be modified at any moment in the form of a rider by FRESH RIVIERA; the modified rider as well as the latest version of the rules can be consulted on the website http://freshriviera-mixevent.com/photo-mix/.

ARTICLE 10 – APPLICABLE LAW

The present rules is edited in French and is governed by the French law which is the only applicable law without exclusive rights particularly any dispute that might occur during the selections or directly or indirectly linked to the selections.

ARTICLE 11 – CONTESTATIONS

Any claims concerning the selections or the photo-shoot event must:
- be presented by registered letter with return receipt requested sent to the address of the Competition which is the following:

FRESH RIVIERA PHOTO MIX - Aix en Provence
Enjoy Together, 552 Route des Pinchinats
13100 Aix-en-Provence, France

- and must be received at FRESH RIVIERA at the latest 2 (two) days after the photo-shoot event. Beyond this time, they will no longer be examined.
All contestations and disputes regarding the interpretation or application of these rules will be examined by FRESH RIVIERA, which will make its best efforts to respond to them accordingly.

ARTICLE 12 – GENERAL PROVISIONS

The participation to the selections and to the photo-shoot event bring with it the full and entire acceptance of all of the provisions of these rules.
The participants renounce all recourse and/or requests for compensation with regard to the terms for the organization of the competition, its fulfilment and its results.