TERMS AND CONDITIONS FOR THE 1ST B THE TRAVEL BRAND XPERIENCE COMPETITION TO EXHIBIT A PHOTOGRAPHY PROJECT

INDEX

1 -     OBJECTIVE

2 -     DURATION AND SCOPE 

3 -     CONDITIONS FOR PARTICIPATION 

4 -     HOW THE COMPETITION OPERATES AND A DESCRIPTION OF THE MONETARY AWARD

5 -     LIMITATIONS AND AUTHORISATIONS

6 -     GENERAL

7 -     FISCAL IMPLICATIONS

8 -     DATA PROTECTION AND REPOSITORY   

9 -     APPLICABLE JURISDICTION 


1 -     OBJECTIVE

Under the following rules and conditions, ÁVORIS RETAIL DIVISON S.L. with the registered address Calle José Rover Motta, 27, Palma de Mallorca, and company tax code B-07012107, and VIAJES INTEROPA S.A. with the registered address Calle Alcalá 165, Madrid, and company tax code A-28084788 (henceforth B THE TRAVEL BRAND XPERIENCE), is organising a competition in which participation is open to any person of legal age who fulfils the conditions stipulated in the following terms and conditions.

Since its inception, B the travel brand Xperience has become known for its commitment to culture and, particularly, photography. We have displayed and disseminated the works of dozens of photographers in our spaces – inspirational venues which promote the culture of travelling. Now we are going a step further and broadening our horizons with this annual photographic competition for exhibit proposals that we are initiating this year, working in collaboration with the Fundación Foto Colectania

2 -     DURATION AND SCOPE 

The competition will open at 00.01h on 2nd September 2019 and close at 23.59h on 30th November 2019.  

Participation in the competition will be open to anyone fulfilling these terms and conditions, and most importantly the Conditions for Participation stipulated in Point 3.

B THE TRAVEL BRAND XPERIENCE reserves the right to terminate, postpone, cancel or change the aforementioned duration period in the event that there should be any reason to justify same, and while giving due notice of same on the organiser’s social networks. 

Likewise, B THE TRAVEL BRAND XPERIENCE reserves the right to prevent anyone setting up speculation or business schemes based on this competition. To that end, B THE TRAVEL BRAND XPERIENCE will unsubscribe and remove anyone who is misusing the competition, carrying out fraudulent acts or whose actions are detrimental to other participants. In the event that B THE TRAVEL BRAND XPERIENCE or any entity linked professionally to the competition detect any anomalies or suspect that a Participant is preventing the normal development of the competition by illegally altering his/her records and/or participation by means of any form of technical or IT procedure, or carrying out any fraudulent acts that contravene the transparency of the competition, B THE TRAVEL BRAND XPERIENCE reserves the right to unsubscribe any participants who have benefited either directly or indirectly from this type of fraudulent acts, and may even automatically withhold the financial compensation from same, with the addition possibility of pursuing any of the civil or criminal proceedings that are applicable.


3 -     CONDITIONS FOR PARTICIPATION 

Any person of any nationality may participate in the competition, providing that they fulfil the following requirements:

1.    They are of legal age during the period in which the competition takes place 
2.    Their permanent residence is in Spain or Portugal 
3.    They are photographers and/or photography groups, whether they are professionals or amateurs, tyros or well-known photographers

B THE TRAVEL BRAND XPERIENCE reserves the right to disqualify any participants in the event that any deception or misrepresentation is detected in their enrolment and registration, in addition to expressly withdrawing from the competition or disregarding any participants who fail to fulfil the terms and conditions.


4 -     HOW THE COMPETITION OPERATES AND A DESCRIPTION OF THE MONETARY AWARD

4.1 Participation

The theme for this year is to do with the concept of TRAVEL, in all its senses and possible interpretations. In this year’s competition we want to go a step further and get away from all the stereotypes regarding travel photography by considering the idea of travel from a more open, creative angle. 

Real or imaginary journeys, travelling by air, sea or on land, routes, paths, encounters with others or with oneself – a journey has an infinite number of nuances. A journey means taking one step after another, opening up new frontiers that allow us to grow. A journey might be a simple movement from A to B, a short walk, an unexpected adventure, a voluntary exile, an aimless expedition or even an inner odyssey. 

We are inviting photographers to create an installation proposal for a series of their works dealing with this subject. We are offering them an open, flexible space in which to design an exhibition project that is creative, interesting and original.

The applications must be submitted online in either of the following languages: Spanish or English, and they must comply precisely with these instructions.
The participants must attach their exhibit proposal to their application: a photographic project with an exhibition assembly proposal that is tailored to the layout plan of the exhibition room of B the travel brand en Barcelona (henceforth, also known as “the Project”). The layout plans are provided on the competition website at the following link: B the travel brand Barcelona.

Subsequently, the winning project will travel to the other B the travel brand Xperience spaces in Spain and Portugal. For the adaptation of the project in the rest of the rooms we will have the complicity of the winning author and we will share with him / her the plans of each set up.

The exhibit proposal must be adapted to fit the linear metres and the route of the exhibition room of B the travel brand en Barcelona, and it must be delineated clearly and legibly on the room layout plan provided. 

Participants may submit more than one project proposal. For each project submitted, participants must complete and send in a separate form. 
Project proposals may be submitted that include photographs which have been previously submitted to other exhibitions or publications. However, the specific exhibit proposals submitted by participants to this competition call must be previously unpublished.

The projects must be submitted in .pdf format; they should be in the form of a dossier and include:

  1. A description of the project or the collection of work proposed: a text no longer than one sheet which should include the title of the Project, a complete and detailed description of the idea behind the Project (we recommend a maximum of 1,000 words) and of how it is linked to the theme of the competition. 
  2. The images (which should be at least half a page in size) of the works to be exhibited should be submitted together with their technical details: title, year produced, size (height x width) and technical method used.
  3. A clear, concise draft design showing how the Project will be tailored to the layout plan of the room provided.
  4. The technical specifications for mounting the Project: number of works, framing or method used for wall mounting, materials and other mounting requirements (for example, wall colour).
  5. An indicative estimate of the anticipated cost of printing and framing the work, and of producing other materials for the Project (fittings, special display units, audiovisual projection, etc.). The total sum of these costs should not exceed the 6,000 euro (not including VAT) of the Competition’s monetary award for covering production costs (see sub-clause 5 in Conditions of Participation). 
  6. A brief biography of the Participant: a text with a maximum length of 1,000 words. We recommend including the Participant’s website and social media presence (Instagram, Twitter, Facebook, etc.), where applicable.

The characteristics, number of works and formats will be specified by the Participant and included in the proposal tailored to the layout plan of the room provided.
Each Participant may, if they wish, provide previously-produced materials for display as part of their Project.
Participation in this competition call does not imply any transfer of rights over the objects submitted, or the photographs of which the projects are comprised, apart from the provision stipulated in section 4.3 of these terms and conditions. During the selection process, the images provided by participants shall only be used for the purposes of assessment by the jury. 


By entering the competition, the Participant hereby declares that: 

a. He/she is the sole creator of the Project submitted and the sole and exclusive holder of the intellectual property rights of said Project.
b. He/she is authorised to take part in this competition and his/her Project submission does not violate the rights of third parties.
c. In his/her opinion, the photographs included in his/her exhibit proposal are not, nor do they contain anything that is illegal, threatening, misleading, defamatory, abusive, obscene, shocking or pornographic, nor do they violate the rights of third parties in any way. 
d. In the event that his/her submission is declared the prize winner, the Project and the works it comprises may be used according to the terms stated in these rules and conditions, without opposition from third parties and without the need for any further consent.

B the travel brand reserves the right to disqualify and withdraw from the competition any photograph which, in its opinion, does not fulfil these terms and conditions, even after it has been selected to take part in the competition and disseminated by its communication channels.

The name and surname, pseudonym or artistic name of the winner will be included, wherever possible, in the credits of the publications, productions and the channels in which the winning Project appears, and the photographs of which it is comprised.

Participants may submit their work either on an individual or a collective basis, in collaboration with one or more photographers. In the latter case, a person must be designated who represents the group and who will submit the participation application in his/her name. The group representative must state in the registration form that he/she has been duly authorised by the other members of the group to represent said group for the purposes of the competition in order to submit, on behalf of all the members of the group, the photographs included in the exhibit proposal, and that he/she accepts and agrees to these terms and conditions.  
By entering the competition, the Participant hereby declares that he/she is the sole person responsible in the event of any claims by third parties who consider their rights have been violated, including any persons appearing in the photographs of which the Project is comprised, and he/she shall agree to duly compensate said claimants and maintain B the travel brand free from all claims at all times.


Proposals for projects will not be accepted which include images that, in the jury’s informed opinion, might infringe the copyright or intellectual property rights of third parties, or which might affect the any person’s rights to personal and family privacy, or to their dignity and image. Likewise, no proposals will be accepted that feature images which contain or constitute content that might be considered illegal, misleading, defamatory, abusive, obscene, scandalous or pornographic.

4.2 Selecting the winner

The applications will be examined by the jury, who will choose the winning proposal. 

The jury is made up of: the photographer David Jiménez, the curator Carmen Dalmau, Pepe Font de Mora, the Director of Foto Colectania, Irene de Mendoza, the Artistic Director of the Foundation, and Mariano Gijón, representing B the travel brand Xperience.

The jury’s deliberations shall be confidential and will not be subject to subsequent consultations by the participants. The jury’s decisions will be final. 
The projects received will be assessed positively for their good presentation. Incomplete projects will be rejected. 
Projects will be assessed according to the following criteria: quality of the work presented as a whole, the interest and originality of the exhibit proposal and the way it has been tailored to fit into the exhibition room.

Before the winner’s name is announced officially, he/she will be contacted via the contact data (email and telephone) included on the registration form.
The public announcement will be made before 23 December 2019.

4.3 Monetary award and conditions of participation

The winning exhibition Project will receive a maximum of 7,000 euro, of which 1,000 euro shall be considered to be the actual Prize, and a maximum of 6,000 euro provided to cover the costs of developing and producing the Project which has been adapted to fit the exhibition room in Barcelona. 
The winner will receive a maximum of 6,000 euro (+VAT) for the production of the work. Production costs will be deemed to include the cost of printing copies (in any format and method) and their framing (where applicable), as well as the production costs of other supplementary materials, such as specific fittings, special display units or the creation of an audiovisual work. 

The winner will be the sole person responsible for coordinating this production with the suppliers, thereby releasing B the travel brand from any responsibilities in this regard. All invoices from the different suppliers must be issued to B the travel brand. The winner may contract production for sums greater than 6,000 euro, provided that he/she agrees to cover the costs of same.

The abovementioned production costs should not include the normal expenses of mounting the exhibit in the exhibition room (for example, changing wall colour), nor any expenses for graphics, signs or labelling, which will be covered by B the travel brand.

The prize will be paid to the winner after he/she has signed an agreement with B the travel brand, and via bank transfer. Any bank transfer commission to bank accounts outside Spain will be subtracted from the total sum of the prize. Likewise, any tax or levy to which the winning creator is legally liable shall be subtracted from the sum of the total prize. The organisation may request the winner to provide a tax residence certificate for the country concerned. 

The winner agrees to produce the photographs and materials necessary for the execution of the exhibition, according to the Project submitted with the application form, and to keep B the travel Brand informed regarding the development of said production. The Project must not be altered while the work is being produced. B the travel brand must be notified of any substantial changes, and must give its express approval for same. 

The winner must execute all the production within a maximum period of three months from the announcement of the jury’s verdict, in order that all the material should be available in time to carry out the installation of the exhibition in Barcelona, scheduled for April 2020. B the travel brand will inform the winner of the deadlines for handing in the materials. B the travel brand will duly cover the costs of transporting the works and materials produced, all of which should be suitably packaged and prepared for transporting, from one single location in Spain or Portugal to Barcelona, where necessary.

The winning proposal will be displayed in March 2020 at the exhibition room of B the travel Brand Xperience in Barcelona (Av. Diagonal, 512), and will subsequently be presented at our exhibition room in Madrid (C/ Miguel Ángel, 33). 

The winner will be required to hand over the photographs and materials that comprise his/her exhibit proposal within the period established by B the travel brand for their display in Barcelona.

The winner will be required to be present during the mounting of the exhibition in Barcelona, receiving support from the assembly team and coordination by B the travel brand. The winner will also be required to attend the inauguration of the exhibition, both in Barcelona and in Madrid. B the travel brand will cover the costs of the winner’s journey and stay, providing the journey takes place within Spain and/or Portugal.
The winner will be required to take part in a press conference and other events organised by B the travel brand in tandem with the inaugurations of the exhibition in Barcelona and Madrid.

After the presentation of the exhibition in Barcelona and Madrid, B the travel brand will have the right to present the exhibition at other exhibition rooms belonging to the company, such as in Lisbon and Palma de Mallorca, for a period of three years and until the end of 2022. This travelling exhibition shall not involve any additional payment for the winner beyond what he/she has already received for winning the competition. The winner will not be required to attend the mounting or the inaugurations of said travelling exhibitions. 

After the travelling exhibition period has ended, all the works and other contents of the Project will be returned to their creator within Spain or Portugal at the location specified by him/her. B the travel brand agrees to cover all costs involved in returning the works. 

The obligations of B the travel Brand and of the winner, the procedures to follow and the timescale for the events will be specified and formalised in a document that shall be signed by both parties once the jury’s verdict has been made public.

The winner will have a period of fifteen (15) days in which to accept the prize and to declare his/her compliance with the terms and conditions of the competition.  

The participants in this competition agree to these terms and conditions, they express their acceptance and consent to the privacy policy of B THE TRAVEL BRAND XPERIENCE , as well as (ii) his/her consent, free of charge, that B THE TRAVEL BRAND XPERIENCE should reproduce and use his/her names, surname(s), place of residence, image as well as any photograph of him/her taken during the promotional event, in any publicity/promotional activity, in any medium (including on the Internet, communication media and any social media profiles) and without limitation of time or space, relating to the competition which he/she has won, without these uses granting the winner any rights to payment or benefit apart from the monetary award resulting from the prize won (in the event the person was declared the winner of same). 

The winning Participant agrees to transfer to B the travel brand the following rights of use for the photographs included in his/her Project:

a) The rights of reproduction, distribution and public communication of 5 (five) of the photographs included in the winning Project, according to the terms of articles 18 to 21 of the Revised Text of the Intellectual Property Law (RDL 1/1996, 12 April), via any channel, medium or support, as well as their dissemination via the web page of the Competition, social networks and dissemination channels of B the travel brand, invitations, posters, leaflets, banners and other promotional or informative materials for the competition.

b) The rights to use the winning Project and 5 of the photographs included in same in order for B the travel brand to publicise and inform upon its activities and services, in reports, compilations of documents or informative materials, and which B the travel brand may execute via any channel, medium or support, always with due reference to the Competition.

The aforementioned uses of the photographs may be executed by B the travel brand or by third parties authorised by the company, without any territorial restrictions and during a maximum period of 5 years from the signing of the agreement between the winner and B the travel brand. These uses (not exclusive) shall be strictly linked to the dissemination and purposes of the Competition (for both this year’s and subsequent ones) and they shall be not commercial in nature. Whenever the photographs are used, their authorship shall be stated. 

c) The rights of public communication, reproduction and distribution of the Project and of all the photographs included within same for the purpose of including them in the exhibition in Barcelona and Madrid and in subsequent travelling exhibitions and Competitions, during a time period lasting until December 2022.

The exclusive transfer of rights to B the travel brand during the aforementioned time period, after which the winning Participant shall regain the rights of use to same, and from that time on may authorise their use to third parties. 

B the travel brand will not be responsible for any use of the photographs by third parties which exceeds the terms of this transfer of rights, unless these third parties are under the control of B the travel brand.

The Participant agrees that, should he/she be declared the winner, B the travel brand will not have to remunerate or pay out any royalty fees to any copyright collective, nor to any third party representing same, for the uses of the works, based on the terms of the transfer of rights described. Compensation for the transfer of rights is understood to be included in the monetary allocations of the Competition. 

Once 15 days have elapsed following communication with the winner, and without same having granted his/her consent to the preceding points, for whatever reason, the result of the competition will change automatically, without any need for further warning, and the prize shall be assigned to the second-placed candidate in the Competition.

The prize for this competition may not be subjected to any change, alteration, compensation or transfer. The winner may not transfer to third parties, in any way, the right to receive the prize. Neither B THE TRAVEL BRAND XPERIENCE nor its associated agencies or collaborating entities shall effect any payment, cost or remuneration of any kind other than the prize agreed for the winner of the Competition.

In the event that it proves manifestly impossible to contact the winner, either through mistakes made in the contact data he/she provided, a computer error or any other cause beyond the control of B THE TRAVEL BRAND XPERIENCE, B THE TRAVEL BRAND XPERIENCE shall be exempted from all responsibility and from the requirement to award the prize in question.


5 -     LIMITATIONS AND AUTHORISATIONS
All employees of the business group AVORIS (according to the definition of a business group as stipulated in Art. 42 of the Code of Commerce) are prohibited from taking part in the Competition, as are their spouses, ascendants or descendants, or any person who has participated directly or indirectly in the creation and/or development of the Competition. Failure to comply with this rule will result in the loss of the prize obtained by the winner ratified as such. 

6 -     GENERAL  

If any of the above conditions should prove to be unlawful, this circumstance will not affect the other contents of the terms and conditions, and these shall remain in full effect for all appropriate purposes. B THE TRAVEL BRAND XPERIENCE reserves the right to terminate or to make changes to this Competition, as well as to the prize offered, and undertakes to announce any said changes via any media it deems suitable, as swiftly as possible. Participation in the Competition implies full acceptance of these terms and conditions, as well as full knowledge of same.

7 -     FISCAL IMPLICATIONS

The prize awarded for this Competition shall be subject to the tax regulations currently applicable at any time and their implementing provisions. These applicable regulations may subject the prize in question to taxation, depending on the prize winner’s place of residence and the value of the prize, with all fiscal costs in all cases to be paid fully by the prize winner, as well as any other tax obligations arising from same. 
It should be noted that, in accordance with Spanish tax regulations, all prizes awarded for participating in this type of competition may be subject to taxation or payments on account when the value of the prize is greater than 300 euro. As a requirement for awarding the prize, B THE TRAVEL BRAND XPERIENCE will duly require the winner to make the applicable tax payment.    

8 -     DATA PROTECTION AND REPOSITORY   

In accordance with current regulations regarding data protection, we hereby inform you that all data with which you provide us via this form will be processed by Avoris Retail Division, S.L., with registered address c/ José Rover Motta, 27, 07006, Palma de Mallorca and company tax code B-07012107 (henceforth, “B THE TRAVEL BRAND XPERIENCE”), for the purposes of managing your participation in this Competition organised by “B THE TRAVEL BRAND XPERIENCE”. All personal data to which we have access will be processed during the entire period of the Competition. Accordingly, “B THE TRAVEL BRAND XPERIENCE” will conserve all your personal data – duly blocked – after your participation in the Competition has ended, during the limitation period for any actions that might arise from relations maintained with the Participant. 
For more information, go to: https://www.bthetravelbrand.com/promocionales/politica-de-privacidad


9 -     APPLICABLE JURISDICTION 

For the purposes of any legal dispute that might arise with regard to the interpretation or application of these terms and conditions, both B THE TRAVEL BRAND XPERIENCE and the participants of this competition hereby agree to abide by the jurisdiction and venue of the Courts of Palma de Mallorca, expressly waiving their right to any other jurisdiction that might be applicable, all without prejudice to the application of the mandatory provisions of the regulations on consumers and users.